Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A community youth justice officer may direct a youth who is subject to a monitoring order to submit to:
(a) a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, alcohol in the youth's body if the youth is prohibited under the order from consuming alcohol; or
(b) a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, a restricted drug in the youth's body if the youth is prohibited under the order from using a restricted drug.
(2) If a youth is required under this Division to submit to a prescribed alcohol/drug test, the youth must:
(a) give to a prescribed sampler, or allow a prescribed sampler to take, (as the case requires) a sample of breath or a bodily substance that is sufficient for the purposes of the test; and
(b) comply with any reasonable direction of the sampler.
Note for subsection (2)
Tampering with a sample may constitute an offence against section 140AG.
(3) If a youth does not submit to a test as required under subsection (2):
(a) the prescribed sampler may take the required sample without the youth's consent; and
(b) a police officer may assist to enable the test to be conducted, including by doing either or both of the following:
(i) taking the youth to a place where the required sample can be taken;
(ii) assisting a prescribed sampler to obtain the required sample.
(4) In providing the assistance, the police officer may use the force that is reasonably necessary.
Note for subsection (4)
See section 10 in relation to the use of force.
(5) A sample of breath or a bodily substance given or taken for a prescribed alcohol/drug test is the property of the Territory.
(6) Regulations may prescribe one or more of the following:
(a) alcohol/drug tests for use under this Division;
(b) persons who are prescribed samplers for a prescribed alcohol/drug test;
(c) matters in relation to the carrying out of a prescribed alcohol/drug test.
(7) In this section:
"alcohol/drug test" means a test under which a sample of a person's breath, blood, saliva, urine or another bodily substance is tested or analysed to detect the presence, or ascertain the concentration of, alcohol or a restricted drug.