Australian Capital Territory Numbered Acts

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Manager may require alcohol or drug testing

23. (1) The manager of a detention centre may require a detainee who is reporting for, or otherwise serving, a detention period to submit to such test as may be prescribed to determine—

        (a)     whether alcohol is present in the detainee's blood and, if so, the concentration of alcohol in the detainee's blood; or

        (b)     whether a drug is present in the detainee's body.

(2) A test prescribed for the purposes of subsection (1) shall only be carried out by an officer authorised to do so under section 38.

(3) The regulations may make provision for and in relation to—

        (a)     the procedures to be followed in relation to a test prescribed for the purposes of subsection (1);

        (b)     an instrument required for the purposes of such a test; and

        (c)     the analysis of a sample or a specimen obtained from a person who has undergone such a test.

(4) As soon as practicable after a prescribed test has been carried out, the officer who carried out the test shall give the detainee a written statement, signed by the officer, containing the particulars required by the regulations to be included in such statement.

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