Brogan is stopped in his Holden on the South Gippsland Highway by police. The police officer compels him to undertake a breath test in the back of the police car, as they believe that Brogan is driving under the influence of alcohol.

Brogan is stopped in his Holden on the South Gippsland Highway by police. The police officer compels him to undertake a breath test in the back of the police car, as they believe that Brogan is driving under the influence of alcohol. The next morning, Brogan googles the relevant section of the Road Safety Act 2006, as he believes that the police officers are not allowed to take breath tests in the back of a police car. In fact, section 6 of the Act reads: Breath tests shall be held in a ‘police station or other place’.

Brogan believes a police car is not covered by this section of the Act.

Advise Brogan relying on the relevant Latin maxim of statutory interpretation.

Note: s. 6 of the Road Safety Act is fictitious and does not exist.

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