(1)  In this section –

on duty includes reporting for duty, being on standby for duty and being on availability for duty;

qualified person means –

(a) a medical practitioner; or

(b) a registered nurse or enrolled nurse;

serious incident means an incident involving a police officer on duty and in which any person is killed or seriously injured;

testing means testing for the presence of any alcohol or drug.

(2)  The Commissioner or an authorised person may require any police officer who is on duty or involved in a serious incident to do any one or more of the following:

(a) provide a sample or samples of breath for testing;

(b) provide a sample or samples of urine or oral fluid for testing;

(c) with the consent of the police officer, permit a sample or samples of blood to be taken by a qualified person for testing.

(2A)  Subsection (2) has effect whether or not the Commissioner or authorised person has grounds for suspecting that the relevant police officer has recently consumed any alcohol or taken any drug.

(2B)  To avoid doubt, where the Commissioner or an authorised person considers it necessary to do so, a requirement under subsection (2) may be made of a police officer more than once in respect of the same instance of that police officer being on duty or the same serious incident.

(3)  If a police officer attends, or is admitted to, a hospital for examination or treatment because of a serious incident, the Commissioner or an authorised person may require a sample or samples of blood from the police officer to be taken by a qualified person at the hospital for testing if the police officer –

(a) is unable to provide a sample of breath for testing; or

(b) is unable to provide a sample of urine or oral fluid for testing; or

(c) is unable to consent to the taking of a sample of blood for testing.

(4)  The taking of a sample of urine or oral fluid pursuant to subsection (2) is to be carried out –

(a) by an authorised person; and

(b) in accordance with any directions issued by the Commissioner.

(5)  The taking of a sample of blood is to be carried out in accordance with any directions issued by the Commissioner.

(6)  For the purposes of this section –

(a) where a single sample is taken for testing and the testing is to be done in a laboratory, the sample is to be divided into 2 approximately equal parts, one of which is to be tested and the other is to be the control sample; and

(b) where 2 samples are taken on the one occasion for testing and the testing is to be done in a laboratory, one sample is to be tested and the other sample is to be the control sample.

(7)  The Commissioner or the police officer from whom a sample or samples has or have been taken may request that the control sample be tested.

(8)  Any sample taken or provided under this section may only be used for the purpose for which it was taken or provided.

(9)  A certificate relating to the testing of a sample taken or provided under this section is evidence of the facts contained in that certificate.