40IWho must undergo evidential breath test

1. An enforcement officer may require a seafarer to accompany an enforcement officer to a place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both) when required to do so by the officer if—

2. the seafarer has undergone a breath screening test under section 40H and it appears to the officer that the proportion of alcohol in the breath of the seafarer who underwent the test exceeds 250 micrograms of alcohol per litre of breath; or
3. the seafarer fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 40H; or
4. the officer has good cause to suspect that the seafarer has consumed alcohol and the seafarer could be required to undergo a breath screening test without delay under section 40H but the seafarer cannot be tested because—
   1. a breath screening device is not readily available; or
   2. a breath screening test cannot, for any reason, be carried out then.

5. If it is not practicable for a seafarer to undergo an evidential breath test at a place to which the seafarer has accompanied an enforcement officer under subsection (1), an enforcement officer may require the seafarer to accompany the officer to any other place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both).

6. An enforcement officer may require a seafarer to accompany the officer to a place under subsection (1) if—

7. it is likely that the seafarer can undergo an evidential breath test at that place, whether or not it is likely that the seafarer can undergo a blood test at that place; or
8. it is likely that the seafarer can undergo a blood test at that place, whether or not it is likely that the seafarer can undergo an evidential breath test at that place.

9. An enforcement officer may require a seafarer to undergo without delay at that place an evidential breath test (whether or not the seafarer has already undergone a breath screening test) if the seafarer—

10. has accompanied the enforcement officer; or
11. has been arrested under subsection (6) and taken to or detained at a place.

12. A seafarer must—

13. accompany the officer to a place when required to do so under this section:
14. if the seafarer has accompanied an enforcement officer to a place under this section, remain at that place until the seafarer is required either to undergo an evidential breath test or a blood test under this Part, or to accompany an enforcement officer to another place under this section:
15. if the seafarer has undergone an evidential breath test under this section, remain at the place where the seafarer underwent the test until after the result of the test is ascertained.

16. An enforcement officer may arrest without warrant a seafarer who contravenes subsection (5).

17. 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 an evidential breath test.