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Formal Consolidation |  2004 RevEd
Interpretation of sections 67 to 71B
72.—(1)  In sections 67 to 71B —
“authorised analyst” means any medical practitioner, scientific officer or chemist who is employed in a hospital or laboratory to carry out analyses of blood;
“breath test” means a test for the purpose of obtaining, by means of a breath alcohol analyser or any other device prescribed by the Minister, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;
“fail” includes refuse;
“intoxicating substance” has the same meaning as in the Intoxicating Substances Act (Cap. 146A);
“police station” includes any place or conveyance authorised or appointed by the Deputy Commissioner of Police to be used as a police station;
“prescribed limit” means —
(a)35 microgrammes of alcohol in 100 millilitres of breath; or
(b)80 milligrammes of alcohol in 100 millilitres of blood.
[11/96; 1/99]
(2)  A person does not provide a specimen of breath for a breath test or 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 or analysis to be satisfactorily achieved.
[11/96]
(3)  Subject to section 71B, a person provides a specimen of blood if and only if he consents to its being taken by a medical practitioner and it is so taken.
[71C
[11/96]
Informal Consolidation | Amended S 311/2017
Interpretation of sections 67 to 71B, etc.
72.—(1)  In sections 67 to 71B —
“authorised analyst” means any registered medical practitioner, scientific officer or chemist who is employed in a hospital or laboratory to carry out analyses of blood;
[Act 28 of 2014 wef 01/02/2015]
“breath analysing device” means an instrument or apparatus for ascertainment by analysis of a person’s breath what concentration of alcohol is present in the person’s breath;
[Act 10 of 2017 wef 20/06/2017]
“breath test” means a test of a specimen of a person’s breath to assess —
(a)whether there is alcohol present in the person’s breath; and
(b)if alcohol is present, the concentration of alcohol in the person’s breath,
by means of a breath analysing device of a type approved by the Deputy Commissioner of Police;
[Act 10 of 2017 wef 20/06/2017]
“fail” includes refuse;
“intoxicating substance” has the same meaning as in the Intoxicating Substances Act (Cap. 146A);
“police station” includes any place or conveyance authorised or appointed by the Deputy Commissioner of Police to be used as a police station;
“preliminary breath test” means a breath test under section 69;
[Act 10 of 2017 wef 20/06/2017]
“prescribed limit” means —
(a)35 microgrammes of alcohol in 100 millilitres of breath; or
(b)80 milligrammes of alcohol in 100 millilitres of blood.
[11/96; 1/99]
(1A)  Once a type of breath analysing device is approved by the Deputy Commissioner of Police for the purposes of the definition of “breath test” in subsection (1), he must, as soon as practicable, cause to be published in the Gazette a notification specifying each type of breath analysing device so approved by him.
[Act 28 of 2014 wef 01/02/2015]
[Act 10 of 2017 wef 20/06/2017]
(1B)  However, failure to comply with subsection (1A) in respect of any type of breath analysing device does not invalidate the approval for that type of breath analysing device.
[Act 28 of 2014 wef 01/02/2015]
[Act 10 of 2017 wef 20/06/2017]
(2)  A person is regarded as not providing a specimen of breath for a breath test unless the specimen —
(a)is sufficient to enable the test to be carried out; and
(b)is provided in a way that enables the objective of the test to be satisfactorily achieved.
[Act 10 of 2017 wef 20/06/2017]
(3)  Subject to section 71B, a person provides a specimen of blood if and only if he consents to its being taken by a registered medical practitioner and it is so taken.
[71C
[11/96]
[Act 28 of 2014 wef 01/02/2015]
[Act 28 of 2014 wef 01/02/2015]
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Last updated 21 May 2024
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