Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts22. (1) The manager of a detention centre may refuse to admit a detainee to the centre where he or she believes on reasonable grounds that the detainee is unfit to serve a period of detention because the detainee's behaviour is unruly or is otherwise a threat to the good order or security of the centre.
(2) Where the results of a test undertaken by a detainee in pursuance of a requirement by the manager of a detention centre under subsection 23 (1) indicate to the manager that—
(a) the concentration of alcohol in the blood of the detainee is equal to or more than 0.02 grams of alcohol per 100 millilitres of blood or more; or
(b) a drug is present in the body of the detainee;
the manager of the centre shall—
(c) where the test results are received by the manager prior to admission of the detainee for a detention period, refuse to admit the detainee to the centre and inform the detainee that he or she is to be taken to have failed to report for that detention period;
(d) where the test results are received by the manager while a detainee is serving a detention period, direct the detainee to leave the centre and inform the detainee that he or she is to be taken to have failed to report for that detention period; and
(e) where the test results are received by the manager after the completion of a detention period by the detainee, inform the detainee that he or she is to be taken to have failed to report for that detention period.
(3) Subsection (2) does not apply in relation to a detainee where the concentration of alcohol in the detainee's blood or the presence of the drug in the detainee's body is due to the detainee taking medication in accordance with the advice of—
(a) a medical practitioner, being advice provided for medical reasons;
(b) a dentist, being advice provided for dental reasons; or
(c) a nurse, being advice provided for nursing reasons .
(4) Where—
(a) under subsection (1) or paragraph (2) (c), a detainee has been refused admission to a detention centre;
(b) under paragraph (2) (d), a detainee has been directed to leave a detention centre; or
(c) test results of the kind referred to in paragraph (2) (a) or (b) have been received by a manager after completion of a period of detention by a detainee;
the detainee shall be taken to have failed to report for periodic detention.
(5) Where a detainee refuses or fails to submit to a test that he or she is required to undertake under subsection 23 (1)—
(a) prior to admission to a detention centre for a detention period; or
(b) while the detainee is serving a detention period;
the manager of the centre shall—
(c) in the circumstances referred to in paragraph (a), refuse to admit the detainee to the centre and inform the detainee that he or she is to be taken to have failed to report for that detention period; and
(d) in the circumstances referred to in paragraph (b), direct the detainee to leave the centre and inform the detainee that he or she is to be taken to have failed to report for that detention period.
(6) A detainee who refuses or fails to submit to a test that he or she is required to undertake under subsection 23 (1) shall be taken to have failed to report for the relevant detention period.