Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:37
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 37
Character Range: 47763–49528

37  Procedures to be followed in conducting breath tests
 (1) This section is made for the purposes of paragraphs 40P(1)(e) and (i) of the Act in relation to the conduct of a breath test under section 40M or 40N of the Act.

Use of approved breath analysis instrument
 (2) The breath test must be conducted using an approved breath analysis instrument.

Request for blood test
 (3) An AFP appointee (the test subject) who is directed to undergo a breath test may ask the authorised person conducting the test to arrange for the test subject to also undergo a blood test. However, the test subject must still undergo the breath test.
 (4) If the test subject asks for a blood test to be conducted, the authorised person conducting the breath test must take all reasonable steps to contact a person authorised to conduct a blood test.

Certificates
 (5) An authorised person who conducts a breath test on a test subject must sign and give a certificate to the test subject specifying the following matters:
 (a) the type and serial number of the approved breath analysis instrument used to conduct the breath test;
 (b) the sample number of the test;
 (c) the full name and date of birth of the test subject;
 (d) the full name of the authorised person who conducted the test;
 (e) whether the authorised person conducted a self‑test on the instrument before and after the analysis;
 (f) if the authorised person conducted a self‑test:
 (i) the time and result of the self‑test; and
 (ii) whether the self‑test was conducted on 'override mode';
 (g) the date on which, and the time at which, the breath test was conducted;
 (h) the result of the breath test as shown by the instrument.
Note: The certificate is evidence of the matters stated in it (see section 49).