Australian Capital Territory Current Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 13E

    (1)     A person who has been taken into custody under section 13D must give, in accordance with the reasonable directions of a police officer, a sufficient sample of the person's oral fluid (the sample ) for oral fluid analysis.

    (2)     An authorised operator must carry out an oral fluid analysis on a part of the sample.

    (3)     A regulation may make provision in relation the following:

        (a)     the conditions for carrying out an oral fluid analysis;

        (b)     the procedures to be followed in relation to carrying out an oral fluid analysis;

        (c)     the circumstances in which the result of an oral fluid analysis must be disregarded for this Act.

    (4)     If, because of a regulation made for subsection (3) (c), the result of an oral fluid analysis must be disregarded, the requesting police officer may, if another oral fluid analysis instrument is available at the police station or other place where the requirement under subsection (1) is made, require the person to give, in accordance with the officer's reasonable directions, another sufficient sample of the person's oral fluid for oral fluid analysis using another oral fluid analysis instrument.

    (5)     If an oral fluid analysis is not to be disregarded for this Act, the authorised operator who carried out the analysis must—

        (a)     place the part of the sample not analysed under this section into a container; and

        (b)     attach a label to the container that includes the following information:

              (i)     the authorised operator's name;

              (ii)     the name of the person who gave the sample;

              (iii)     the date and time the sample was given; and

        (c)     ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it.

    (6)     As soon as practicable after the oral fluid analysis has been carried out, the authorised operator who carried out the analysis must give the person a written statement, signed by the operator, containing the particulars required by regulation to be included in the statement.

Example––written statement

a print-out from the oral fluid analysis instrument