Queensland Consolidated Acts

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 118

118 Alcohol or drug test results generally inadmissible

(1) Evidence of the following is inadmissible in a civil or criminal proceeding before a court—

(a) a requirement of the chief executive made under section 116(1) having been made;
(b) the result of any test conducted under section 116.

(2) Also, the chief executive and anyone else involved in any way in anything under section 116 can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.

(3) This section does not apply to—

(a) a proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or
(b) an inquest in a Coroners Court into the death of a person; or
(c) a proceeding on an application under the Industrial Relations Act 1999, section 74 for reinstatement because of unfair dismissal; or
(d) an investigation or other proceeding under the Crime and Misconduct Act 2001; or
(e) disciplinary action as provided for under the Public Sector Ethics Act 1994.


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