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

Oral fluid—confirmatory analysis

    (1)     This section applies to the part of a sample of a person's oral fluid stored and sealed in a container under section 13E (5) (the sample ).

    (2)     The chief police officer must ensure that the sample is taken to an approved laboratory as soon as practicable after it is stored and sealed under section 13E (5).

    (3)     An analyst at the approved laboratory to which the sample is taken under subsection (2) must, as soon as practicable, arrange for the analysis of the sample at the laboratory or another approved laboratory to work out whether a prescribed drug is present in the sample.

    (4)     An analyst responsible for testing the sample must take reasonable care to ensure that a part of the sample (the preserved part ) sufficient for analysis to be carried out for the person who gave the sample (the tested person ) is protected and preserved until—

        (a)     if a request is made under subsection (6)—the preserved part is sent to the laboratory nominated by the tested person; or

        (b)     in any other case—

              (i)     1 year has passed since the sample was taken from the tested person; or

              (ii)     if a request is made by the DPP under section 16C (Keeping of samples—request by DPP)—the end of the proceeding to which the sample relates.

    (5)     However, subsection (4) does not apply if the amount of sample remaining after analysis under subsection (3) is insufficient for further analysis.

    (6)     Before the end of the period mentioned in subsection (4) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person's expense, to a laboratory nominated by the person.

    (7)     If a request is made under subsection (6), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.



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