CUSTOMS ADMINISTRATION ACT 1985 (REPEALED)

SECTION 16D   ALCOHOL SCREENING TESTS, ALCOHOL BREATH TESTS AND PROHIBITED DRUG TESTS AFTER CERTAIN INCIDENTS  
Person killed or seriously injured in an incident involving a motor vehicle or vessel or while detained

16D(1)    
An authorised officer may give a Customs worker a direction under subsection (3) if:

(a) either:

(i) a person is killed or seriously injured as a result of an incident involving a motor vehicle or vessel; or

(ii) an incident occurs in which a person is killed or seriously injured while the person is held in custody in relation to an arrest under the Customs Act 1901 or otherwise detained under that Act; and

(b) the Customs worker is directly involved in the incident in the course of performing his or her duties as a Customs worker.

Person killed or seriously injured by a firearm discharging or physical force

16D(2)    
An authorised officer may give a Customs worker a direction under subsection (3) if:

(a) all of the following apply:

(i) the Customs worker is an officer authorised to carry arms within the meaning of section 189A of the Customs Act 1901 ;

(ii) an incident occurs in which a person is killed or seriously injured as a result of the discharge of a firearm by the Customs worker;

(iii) the incident occurs in the course of the Customs worker performing his or her duties as a Customs worker; or

(b) all of the following apply:

(i) the Customs worker is an officer of Customs;

(ii) an incident occurs in which a person is killed or seriously injured as a result of the application of physical force by the Customs worker;

(iii) the incident occurs in the course of the Customs worker performing his or her duties as a Customs worker.

Direction

16D(3)    
The authorised officer may give the Customs worker a written direction requiring the Customs worker:

(a) to undergo an alcohol screening test; or

(b) to undergo an alcohol breath test; or

(c) to provide a body sample of a kind specified in the direction for a prohibited drug test;

in accordance with the regulations.

Note:

Such a direction may be given whether or not the Customs worker is still performing his or her duties as a Customs worker: see subsection (4).

Direction to be given as soon as practicable after the incident

16D(4)    
A direction under subsection (3) must be given by an authorised officer as soon as practicable after the incident concerned and may be given whether or not the Customs worker is still performing his or her duties as a Customs worker.

Provision of blood or body sample while in hospital

16D(5)    
If a Customs worker involved in an incident referred to in subsection (1) or (2) attends or is admitted to a hospital for examination or treatment because of the incident, an authorised officer may give the Customs worker a written direction requiring him or her:

(a) to provide a sample of his or her blood for an alcohol blood test; or

(b) to provide a body sample of a kind specified in the direction for a prohibited drug test;

in accordance with the regulations.

Compliance with direction

16D(6)    
A Customs worker must comply with a direction given to him or her under this section.