Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies to a person who has been––
(a) required to undergo––
(i) an alcohol screening test, or to provide a sample of the person's breath for analysis under section 12 (Breath analysis); or
(ii) if it is practicable to do so––a drug screening test, or to provide a sample of the person's oral fluid for analysis under section 13E (Oral fluid––preliminary analysis); and
Examples––impracticability
1 drug screening device not readily available
2 drug screening test or oral fluid analysis cannot be conducted before time limits for testing the person expire
(b) arrested on reasonable suspicion of having committed an offence against section 24 (Driving under the influence of intoxicating liquor or a drug) or an offence of culpable driving.
Examples––reasonable suspicion
1 the way the person was driving
2 the way the person is behaving
3 a breath analysis the person was required to undergo indicates that a prescribed concentration of alcohol is present in the person's breath
(2) If a police officer has reasonable cause to suspect—
(a) that the person has in his or her body a drug, including a prescribed drug or alcohol; or
(b) that the behaviour of the person does not arise, or does not wholly arise, from the presence of alcohol in his or her body;
the police officer may require the person to submit to a medical examination and to give, or permit the taking of, body samples in accordance with this section for the purpose of ascertaining whether the condition of the person is caused, or contributed to, by the presence in his or her body of a drug, including a prescribed drug or alcohol.
(3) If the person is not in hospital and is not otherwise in custody under this Act, the police officer may take the person into custody and take the person, or place the person in the custody of another police officer who must take the person, as soon as practicable to a hospital or sampling facility for the purposes of the medical examination.
(4) A doctor or nurse practitioner requested by a police officer to carry out a medical examination of the person for the purpose mentioned in subsection (2) must carry out the medical examination within 2 hours of the person's arrival at hospital or the sampling facility.
Maximum penalty: 10 penalty units.
(5) A doctor or nurse practitioner requested by a police officer to take a sample from the body of a person to whom this section applies for the purpose mentioned in subsection (2) must, within 2 hours of the person's arrival at hospital or the sampling facility—
(a) take the sample; or
(b) request a nurse to take the sample.
Maximum penalty: 10 penalty units.
(6) A nurse requested by a doctor, nurse practitioner or police officer to take a sample from the body of a person to whom this section applies must take the sample within 2 hours of the person's arrival at hospital or the sampling facility.
Maximum penalty: 10 penalty units.
(7) The person (the sample taker ) taking a sample from a person (the tested person ) under this section must—
(a) place the sample into a container; and
(b) attach a label to the container that includes the following information:
(i) the sample taker's name;
(ii) the tested person's name;
(iii) the date and time the sample was taken; and
(c) ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and
(d) put the sealed container into a one-way box.
(8) The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.