New South Wales Repealed Regulations

This legislation has been repealed.

POLICE REGULATION 2008 - REG 92

92 Action with respect to samples of urine, hair and blood

(1) This clause applies to:

(a) an authorised person who arranges for a sample of urine, hair or blood to be taken when empowered to do so under section 211A or 211AA of the Act, and

(b) a medical practitioner who takes a sample of blood when empowered to do so under clause 90 or directed to do so by an authorised person under section 211A (4B) of the Act.

(1A) This clause does not apply in relation to a sample of urine that has been the subject of an initial screening test that returned a result indicating the absence of prohibited drugs.

(2) A person to whom this clause applies must ask the police officer from whom the sample was taken whether or not the police officer would like to keep part of the sample of urine, hair or blood taken from the officer.

(3) A person to whom this clause applies must:

(a) divide the sample into 2 approximately equal portions, or, if the police officer has indicated that he or she would like to keep a part of the sample, divide the same into 3 approximately equal portions, and

(b) place each portion into a container, and

(c) fasten and seal each container, and

(d) mark or label each container for future identification.

(4) Of the sealed containers:

(a) the first container must:

(i) in the case of a sample taken by a medical practitioner under clause 90, be handed by a medical practitioner to the authorised person present when the sample was taken, or

(ii) in any other case, be dealt with in accordance with clause 93, and

(b) the second container must be transported to a laboratory accredited by the National Association of Testing Authorities, Australia for the purposes of AS 4308 and nominated by the Commissioner, and must be stored at that laboratory on behalf of the Commissioner, and

(c) in the case where the police officer has indicated that he or she would like to keep a part of the sample, the third container must be given to the police officer.

(5) In the case of samples of urine, the two sealed containers referred to in subclause (4) (a) and (b) must be handled in accordance with the procedure set out in AS 4308 or any other procedure approved by the Commissioner in that regard.