Document ID: chunk:federal_register_of_legislation:C2023C00156:section:40p
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 40P
Character Range: 121408–123973

40P  Regulations
 (1) For the purposes of sections 40LA, 40M and 40N, the regulations may make provision, not inconsistent with those sections, in relation to the following:
 (a) the authorisation of persons to give directions under those sections;
 (b) the authorisation of persons:
 (i) to conduct alcohol screening tests, breath tests, blood tests or prohibited drug tests for the purpose of those sections; and
 (ii) to operate equipment for that purpose;
 (c) the provision of samples of blood for the purpose of blood tests under those sections;
 (d) the provision of body samples for the purpose of prohibited drug tests under those sections;
 (e) the conduct of alcohol screening tests, breath tests, blood tests or prohibited drug tests under those sections;
 (f) the devices used in conducting breath tests, blood tests or prohibited drug tests under those sections, including the calibration, inspection and testing of those devices;
 (g) in the case of blood tests and prohibited drug tests—the accreditation of persons to conduct analyses in connection with such tests;
 (h) the procedure for the handling and analysis of:
 (i) samples of blood taken in connection with blood tests under those sections; or
 (ii) body samples taken in connection with prohibited drug tests under those sections;
 (i) the giving of the test results in certificates or other documents and the evidentiary effect of such certificates or other documents;
 (j) the confidentiality of the test results.
Note: Paragraph (a)—persons may give directions under sections 40M and 40N. However, for a person's power to give a requirement under section 40LA, see section 40PA.
 (2) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of section 40LA, 40M or 40N may make provision in relation to a matter by applying, adopting or incorporating any matter contained in a standard published by, or on behalf of, Standards Australia or published jointly by, or on behalf of, Standards Australia and Standards New Zealand:
 (a) as in force or existing at a particular time; or
 (b) as in force or existing from time to time.
 (3) If the regulations make provision in relation to a matter by applying, adopting or incorporating a matter contained in a standard as referred to in subsection (2), the Commissioner must ensure that the text of the matter applied, adopted or incorporated is readily available, free of charge, to each AFP appointee.
 (4) Subsection (3) does not apply if the text cannot be made so available without infringing copyright.