Australian Capital Territory Numbered Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 (NO. 19 OF 2008) - SECT 236

    (1)     A person is taken to provide a positive test sample for alcohol or a drug if, when directed under this Act to provide a test sample—

        (a)     the person fails to provide a test sample in accordance with the direction; or

Note     Fail includes refuse, see the Legislation Act, dict, pt 1.

        (b)     the person provides an invalid test sample; or

        (c)     for a young detainee—the young detainee provides a test sample that shows that the young detainee has taken alcohol or a drug.

    (2)     However, subsection (1) (a) does not apply if the person has a reasonable excuse for failing to provide the test sample within a reasonable time of the direction being given.

Examples—reasonable excuse

1     a medical condition that prevents the person from providing a test sample as directed

2     prescribed medication that may affect test results

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     The chief executive may exempt a drug from the application of this part.

    (4)     An exemption is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (5)     In this section:

"invalid"—a test sample provided by a person is "invalid" if the person—

        (a)     tampers, or attempts to tamper, with the test sample; or

        (b)     otherwise changes, or attempts to change, the results of the test sample.