Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 80AA

80AA Limitation on use of saliva for saliva test or saliva analysis and related matters

(1) This section applies to a specimen of saliva for a saliva test or for saliva analysis obtained under section 80 from a person.

(2) The specimen must not be used for—

(a) DNA analysis to help decide whether or not the person may be a suspect in relation to an offence; or

(b) a purpose stated in the Police Powers and Responsibilities Act 2000 , section 537 .

Note for subsection (2)—

Matters mentioned in subsection (2) are regulated under the Police Powers and Responsibilities Act 2000 , chapters 17 and 18.

(3) If the saliva test or saliva analysis does not indicate the presence of a relevant drug in the person’s saliva, the specimen must be destroyed as soon as possible after the result is known.

(4) If a saliva test or saliva analysis indicates the presence of a relevant drug in the person’s saliva, the specimen must be destroyed as soon as possible after the results are no longer necessary for proceedings against the person, including an appeal about a conviction under this or another Act.