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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 16A

Analysis of body samples

    (1)     This section applies if, under section 16

        (a)     a body sample is taken from a person (the tested person ) for analysis; and

        (b)     an analyst has collected the sealed container containing the sample from a one-way box.

    (2)     The analyst must, as soon as practicable, arrange for the analysis of the sample at an approved laboratory to work out, as far as practicable—

        (a)     whether any drug, including a prescribed drug or alcohol was present in the tested person's body when the sample was taken; and

        (b)     if the sample is of the tested person's blood—the concentration, quantity or other measurement of a drug, including a prescribed drug or alcohol, in the sample.

    (3)     The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out for the tested person (the  preserved part ) is protected and preserved until—

        (a)     if a request is made under subsection (5)—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.

    (4)     However, subsection (3) does not apply if the amount of sample remaining after analysis under subsection (2) is insufficient for further analysis.

    (5)     Before the end of the period mentioned in subsection (3) (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.

    (6)     If a request is made under subsection (5), 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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