Document ID: chunk:federal_register_of_legislation:C2012A00194:clause:2_16d:p1
Version: federal_register_of_legislation:C2012A00194
Segment Type: clause
Provision Reference: sch 2 cl 16D (pt 1/2)
Character Range: 81124–83716

16D  Alcohol screening tests, alcohol breath tests and prohibited drug tests after certain incidents

Person killed or seriously injured in an incident involving a motor vehicle or vessel or while detained
 (1) An authorised officer may give a Customs worker a direction under subsection (3) if:
 (a) either:
 (i) a person is killed or seriously injured as a result of an incident involving a motor vehicle or vessel; or
 (ii) an incident occurs in which a person is killed or seriously injured while the person is held in custody in relation to an arrest under the Customs Act 1901 or otherwise detained under that Act; and
 (b) the Customs worker is directly involved in the incident in the course of performing his or her duties as a Customs worker.

Person killed or seriously injured by a firearm discharging or physical force
 (2) An authorised officer may give a Customs worker a direction under subsection (3) if:
 (a) all of the following apply:
 (i) the Customs worker is an officer authorised to carry arms within the meaning of section 189A of the Customs Act 1901;
 (ii) an incident occurs in which a person is killed or seriously injured as a result of the discharge of a firearm by the Customs worker;
 (iii) the incident occurs in the course of the Customs worker performing his or her duties as a Customs worker; or
 (b) all of the following apply:
 (i) the Customs worker is an officer of Customs;
 (ii) an incident occurs in which a person is killed or seriously injured as a result of the application of physical force by the Customs worker;
 (iii) the incident occurs in the course of the Customs worker performing his or her duties as a Customs worker.

Direction
 (3) The authorised officer may give the Customs worker a written direction requiring the Customs worker:
 (a) to undergo an alcohol screening test; or
 (b) to undergo an alcohol breath test; or
 (c) 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 Customs worker is still performing his or her duties as a Customs worker: see subsection (4).

Direction to be given as soon as practicable after the incident
 (4) A direction under subsection (3) must be given by an authorised officer as soon as practicable after the incident concerned and may be given whether or not the Customs worker is still performing his or her duties as a Customs worker.

Provision of blood or body sample while in hospital
 (5) If a Customs worker involved in an incident referred to in subsection