Clause 14

replace the section heading with “Breath tests, etc.”;

in subsections (1), (3A) and (5)(a) and (b), replace “preliminary breath test” with “breath test”;

after subsection (1), insert —“(1A) A police officer may, for the prevention or detection of an offence under section 67 or 68 and before requiring the person to provide a specimen of his or her breath for a breath test under subsection (1), subject the person to a passive breath test.”;

replace subsection (2) with —“(2) A person may be required under subsection (1) to provide a specimen of his or her breath —

at or near the place where the requirement is made; or

if the police officer making the requirement thinks fit, at a police station specified by the police officer.”;

in subsection (3), replace “A preliminary breath test required under subsection (1)” with “A breath test required under subsection (1), and a passive breath test mentioned in subsection (1A),”;

in subsection (4), replace “pursuant to this section” with “under subsection (1) or (3A)”;

after subsection (4), insert —“(4A) If a person (X) is convicted of an offence under subsection (4) and it is shown that at the time of X’s involvement in an accident mentioned in subsection (1)(d) (if any) or of X’s arrest under subsection (5)(b) or (c), as the case may be —

X was driving or attempting to drive a motor vehicle on a road or any other public place — X shall, in lieu of the punishment prescribed under subsection (4), be liable to be punished as if the offence which X is convicted of were an offence under section 67; or

X was in charge of a motor vehicle on a road or any other public place — X shall, in lieu of the punishment prescribed under subsection (4), be liable to be punished as if the offence which X is convicted of were an offence under section 68.”; and

in subsection (5)(a), after “blood”, insert “is equal to or”.