Section 88Part 7 — Control of Road Users
Interpretation of sections 82 to 87
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88. (1) In sections 82 to 87 — “breath test” means a test for the purpose of obtaining measurement of the proportion of alcohol in a person’s breath by means of an alcohol-in-breath measuring device or by a portable alcohol-in-breath measuring device; “fail” includes refuse; “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients; “medical practitioner” means a medical doctor registered under Schedule 4 of the Health Practice Act (2026 Revision); 84 and “test” means the analysis of a specimen provided for the purpose.
A person does not provide a specimen of urine or blood for analysis unless the specimen —
is sufficient to enable the test or the analysis to be carried out; and
is provided in such a way as to enable the objective of the test of analysis to be satisfactorily achieved.
A person provides a specimen of blood only if that person consents to it being taken by a medical practitioner and it is so taken.