Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p56
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 56/76)
Character Range: 2185267–2187874

the requirements of NMI R 126, Pattern Approval Specifications for Evidential Breath Analysers.
 (3) The approved tester must ensure that the breathalyser is stored, tested, maintained and operated in accordance with a legislative instrument made for the purposes of this subregulation.

99.255  Alcohol tests
 (1) To conduct an initial alcohol test, an approved tester must take a breath sample.
 (3) If the result of the initial alcohol test is a positive result, the approved tester must take a further breath sample from the donor for a confirmatory alcohol test.
 (4) The further sample must be taken as soon as practicable, but not sooner than 15 minutes, after the initial alcohol test sample was taken.
 (5) After the result of the confirmatory alcohol test is available, the approved tester must give the donor a notice that includes the information specified in subregulation 99.265(1).

99.260  Test results
 (1) If an initial alcohol test is conducted on a body sample and the result is not a positive result, then the test result for the body sample is taken not to be a positive result.
 (2) If:
 (a) an initial alcohol test is conducted on a body sample and the result is a positive result; and
 (b) a confirmatory alcohol test in respect of the initial alcohol test is conducted on a body sample; and
 (c) the result of the confirmatory alcohol test is a positive result;
then the test result for the body sample is taken to be a positive result.
 (3) If:
 (a) an initial alcohol test is conducted on a body sample and the result is a positive result; and
 (b) a confirmatory alcohol test is conducted on the body sample and the result of the test is not a positive result;
then, despite the positive result for the initial alcohol test, the result for the body sample is taken not to be a positive result.

99.265  Notice of alcohol test
 (1) The notice given to the donor under subregulation 99.255(5) must contain the following:
 (a) the donor's name, date of birth, gender, residential address and telephone number, and an indication of whether those details were provided by the donor or the donor's DAMP organisation (if any);
 (b) the date and time that the donor was asked by the approved tester to stop performing or being available to perform SSAAs for the purposes of giving a body sample for an alcohol test;
 (c) the date, time and location of the place that the donor's body sample was taken and tested;
 (d) the test result;
 (e) the applicable SSAA that the donor was performing or available to perform at the time the donor was tested;
 (f) the make, model and serial number