South Australian Current Acts South Australian Current Acts41D—Procedures for drug and alcohol testing
(1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Division.
(2) Without limiting
the generality of subsection (1), the regulations may—
(a)
prescribe procedures for drug and alcohol testing; and
(b)
provide for the authorisation of persons to conduct drug and alcohol testing
and operate equipment for that purpose; and
(c)
regulate the collection of biological samples taken from persons for the
purposes of drug and alcohol testing under this Division; and
(d)
provide for the analysis of test results, including the accreditation of
persons conducting the analysis; and
(e)
provide for the approval of devices used in carrying out drug and
alcohol testing and analysis; and
(f)
provide for the use of results from any testing or analysis, or the steps that
may be taken on account of any testing or any evidence or information produced
as a result of testing; and
(g)
prescribe the circumstances that amount to a defence to a breach of the Code
or the regulations, including where the consumption of alcohol or drugs occurs
after police work or police security work (as the case requires) has been
carried out; and
(h)
prescribe evidentiary provisions to facilitate proof of contraventions of the
Code or the regulations for the purposes of proceedings relating to those
contraventions; and
(i)
provide for the confidentiality of test results; and
(j)
regulate the destruction of biological samples collected for testing; and
(k)
provide for the protection of persons involved in taking or conducting testing
from liability for acts or omissions done in good faith and in accordance with
this Division.