Document ID: chunk:federal_register_of_legislation:C2004A00601:clause:1_40n:p1
Version: federal_register_of_legislation:C2004A00601
Segment Type: clause
Provision Reference: sch 1 cl 40N (pt 1/2)
Character Range: 44566–47107

40N  Testing of AFP employees or special members for alcohol and prohibited drugs after certain incidents

Person killed or seriously injured in an incident involving a motor vehicle or vessel or while in police custody

 (1) If:
 (a) a person is killed or seriously injured as a result of an incident involving a motor vehicle or vessel; or
 (b)  an incident occurs in which a person is killed or seriously injured while in police custody;
a person authorised to do so in accordance with the regulations may give any AFP employee or special member directly involved in the incident while on duty a written direction requiring him or her:
 (c) to undergo a breath test; or
 (d) to provide a body sample of a kind specified in the direction for a prohibited drug test;
in accordance with the regulations.

Note: Such a direction may be given whether or not the employee or special member is still on duty: see subsection (3).

Person killed or seriously injured by a firearm discharging or physical force

 (2) If an incident occurs in which a person is killed or seriously injured as a result of:
 (a) the discharge of a firearm; or
 (b) the application of physical force;
by a member or a special member while he or she is on duty, a person authorised to do so in accordance with the regulations may give the member or special member a written direction requiring him or her:
 (c) to undergo a breath test; or
 (d) to provide a body sample of a kind specified in the direction for a prohibited drug test;
in accordance with the regulations.

Note: Such a direction may be given whether or not the member or special member is still on duty: see subsection (3).

Direction to be given as soon as practicable after the incident

 (3) A direction under subsection (1) or (2) must be given by an authorised person as soon as practicable after the incident concerned and may be given whether or not the AFP employee or special member is still on duty.

Provision of blood or body sample while in hospital

 (4) If an AFP employee or a special member involved in the incident attends or is admitted to a hospital for examination or treatment because of the incident, a person authorised to do so in accordance with the regulations may give the employee or special member a written direction requiring him or her:
 (a) to provide a sample of his or her blood for a blood test; or
 (b) to provide a body sample of a kind specified in the direction for a prohibited drug test;
in accordance with the regulations.

Compliance with direction

 (5)