40HWho must undergo breath screening test

1. An enforcement officer may require a seafarer to undergo a breath screening test without delay if—

2. the officer has good cause to suspect that the seafarer has recently committed an offence against section 40C; or
3. a safety, security, or marine environmental incident involving the use of the ship has occurred while the seafarer was performing designated safety, security, or marine environmental duties and the officer has good cause to suspect that alcohol was a contributing factor.

4. An enforcement officer may not require a seafarer who is in a hospital or medical centre as a result of a safety, security, or marine environmental incident involving the use of a ship to undergo a breath screening test.

5. A seafarer who has undergone a breath screening test under this section must remain at the place where the seafarer underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the seafarer without warrant if the seafarer refuses or fails to remain at that place.

6. If an enforcement officer may require a seafarer to undergo a breath screening test, the enforcement officer may also require that seafarer to undergo a test using a passive breath-testing device by holding a passive breath-testing device near the seafarer's mouth for the purpose of ascertaining whether or not there is any alcohol in the seafarer's breath.

7. The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test.