(1) The Minister may, in writing, approve devices of a type described in the approval to be approved screening devices if he or she is of opinion that:
(a) devices of that type have been designed and made for the purpose of indicating, when a sample of the breath of a person is exhaled into the device, whether alcohol is present in the blood of the person; and
(b) devices of that type are suitable devices for use in tests under sections 40LA, 40M and 40N.
(2) An approval under this section is a legislative instrument.