3.—(1) An approved tester may require a pilot to undergo a breath test at a time and place specified by the approved tester, where the approved tester has reasonable cause to believe that the pilot is operating, or is about to operate, a relevant aircraft for an applicable flight.
(2) For the purposes of paragraph (1), the approved tester must serve a written notice on the pilot.
(3) A pilot who is given a notice under paragraph (2) —
(a)
must comply with the notice to undergo a breath test; and
(b)
must not perform, or purport to be available to perform, any function or duty in the capacity of a pilot of a relevant aircraft, unless the pilot —
(i)
has completed the breath test; and
(ii)
is not given a notice of unfitness as a result.
(4) A pilot who contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction —
(a)
for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)
for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.