Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Commissioner or an authorised person, whether or not there is any suspicion that a police officer has recently consumed any alcohol or taken any drug, may require the police officer while on duty, reporting for duty, on standby or on availability to do any or all of the following:
(a) undergo a breath test or submit to a breath analysis for testing for the presence of any alcohol or drug;
(b) provide a sample of urine or saliva for testing for the presence of any alcohol or drug;
(c) with the consent of the police officer, permit a blood sample to be taken by a qualified person for testing for the presence of any alcohol or drug.
(2) If an incident involving a police officer while discharging the duties of a police officer occurs in which a person is killed or seriously injured, the Commissioner or an authorised person may require any police officer involved in the incident to –
(a) undergo a breath test or submit to a breath analysis for testing for the presence of any alcohol or drug; or
(b) provide a sample of urine or saliva for testing for the presence of any alcohol or drug; or
(c) with the consent of the police officer, permit a sample of blood to be taken by a qualified person for testing for the presence of any alcohol or drug.
(3) If a police officer attends, or is admitted to, a hospital for examination or treatment because of an incident referred to in subsection (2), the Commissioner or an authorised person may require a sample of blood from the police officer to be taken by a qualified person at the hospital if the police officer –
(a) is unable to undergo a breath test or submit to a breath analysis; or
(b) is unable to provide a sample of urine or saliva; or
(c) is unable to consent to the taking of a sample of blood.
(4) The taking of a sample of urine or saliva from a police officer under subsection (1) or (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) A sample of urine, saliva or blood taken from a police officer under this section is to be divided into 3 approximately equal parts with one part to be analysed, one part to be the control sample and one part to be provided to the police officer if requested.
(7) The Commissioner or the police officer from whom a sample is taken may request that the control sample be analysed.
(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 analysis of a sample provided under this section is evidence of the facts contained in that certificate.