New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 236E

236E Definitions

(1) In this Division--

"authorised person" means a person appointed in accordance with the regulations to be an authorised person for the purposes of this Division.

"breath analysing instrument" means any instrument approved by the Governor by order under the Road Transport Act 2013 as such an instrument, that is, an instrument designed to ascertain, by analysis of a person's breath, the concentration of alcohol present in the person's breath or blood.

"breath analysis" means a test carried out by a breath analysing instrument for the purpose of ascertaining, by analysis of a person's breath, the concentration of alcohol present in that person's breath or blood.

"breath test" means a test--

(a) that is designed to indicate the concentration of alcohol in a person's breath or blood, or whether a particular concentration of alcohol is or may be present in a person's breath or blood, and

(b) that is carried out on the person's breath by means of a device (not being a breath analysing instrument) of a type approved by the Governor for the conduct of breath tests under the Road Transport Act 2013 .

"hospital" means a public or private hospital, and includes any premises, institution or establishment prescribed by the regulations as a hospital for the purposes of this Division.

"member of correctional staff" means a correctional officer or any other person who is employed in Corrective Services NSW.

"prohibited drug" has the same meaning as in the Drug Misuse and Trafficking Act 1985 .

"steroid" means anabolic and androgenic steroidal agents included in Schedule 4 of the Poisons List under the Poisons and Therapeutic Goods Act 1966 .

(2) Subject to the regulations, section 109 (Measurement of alcohol concentrations) of the Road Transport Act 2013 applies in relation to the measurement of the concentration of alcohol in a person's breath or blood for the purposes of this Division and the regulations in the same way as it applies for the purposes of that Act.