EXPLANATORY STATEMENT
Approval of screening devices used to alcohol test AFP appointees
Australian Federal Police Act 1979
Background
The Australian Federal Police Act 1979 (the Act) provides the statutory basis for the alcohol testing of all Australian Federal Police (AFP) appointees whilst on duty, including the type of equipment to be used for the conduct of those tests.
Section 40LA of the Act provides for the use of alcohol screening tests where there is reasonable suspicion that an AFP appointee is on duty and under the influence of alcohol. An alcohol screening test is conducted using an “approved screening device” which is a portable hand held device used for identifying the presence of alcohol on a person’s breath.
Alcohol screening tests are conducted as a preliminary form of testing. Where a preliminary alcohol screening test shows that alcohol is present on the subject’s breath they may be required to proceed to a full breath test which can determine the amount of alcohol in the person’s blood.
Section 40R of the Act permits the Minister, to approve in writing certain devices to be “approved screening devices” for the purpose of s 40LA.
Instrument
This Ministerial authorisation provides the following breath screening devices to be “approved screening devices”.
- the Lion Alcolmeter SD-400 breath screening device;
- the Alcolizer LE breath screening device; and
- a device that is “exhaled into” and has been approved for the purpose of indicating whether alcohol is present in the blood of a person:
(a) under the law of a state or territory in which the breath screen is conducted; or
(b) in an external territory or a foreign country under the law of a state or territory.
The Lion Alcolmeter SD 400 and the Alcolizer LE are breath screening devices that are currently approved for use in random breath testing roadside stops in the Australian Capital Territory under Section 5(2) of the Road Transport (Alcohol and Drugs) Act 1977 and are used in a number of other Australian jurisdictions for the same purpose.
The authorisation for the use of alcohol screening test devices that have been approved in the states, territories and external territories will enable AFP employees operating in those jurisdictions to be subject to the alcohol screening test provisions in section 40LA of the Act using devices that are available and approved for that purpose in those jurisdictions.