South Australian Current Regulations South Australian Current Regulations21—Procedures for voluntary blood test
The following are the prescribed procedures in accordance with which a sample
of a licensee's blood must be taken and dealt with for the purposes of
section 23M(2)(a) of the Act:
(a) the
licensee must cause the sample to be taken by a sample collector of the
licensee's choice and must deliver to the sample collector—
(i)
the blood test kit supplied to the licensee under
section 23M(5)(b) of the Act for use for that purpose; and
(ii)
the blood test information sheet supplied to the licensee
under regulation 23;
(b) the
sample must be taken by the sample collector as soon as reasonably practicable
but, in any event, within 4 hours of the licensee having submitted to the
breath analysis indicating, for the purposes of the Act, the presence of the
prescribed concentration of alcohol in the licensee's blood;
(c) the
sample collector must place the sample, in approximately equal proportions, in
2 containers (being the containers provided as part of the blood test
kit);
(d) each
container must contain a sufficient quantity of blood to enable an accurate
evaluation to be made of any concentration of alcohol present in the blood and
the sample of blood taken by the sample collector must be such as to furnish
2 such quantities of blood;
(e) the
sample collector must seal each container by application of the adhesive seal
bearing an identifying number provided as part of the blood test kit;
(f) it
is the duty of the sample collector to take such measures as are reasonably
practicable in the circumstances to ensure that the blood is not adulterated
and does not deteriorate so as to prevent a proper assessment of the
concentration of alcohol present in the blood of the licensee;
(g) the
sample collector must then complete a certificate in the approved form by
inserting the particulars required by the form;
(h) the
certificate must be signed by the sample collector certifying as to the
matters set out in the form;
(i)
the certificate must also bear the signature of the
licensee, attested to by the signature of the sample collector;
(j) the
original of the signed certificate must then be delivered to the licensee
together with 1 of the sealed containers containing part of the blood
sample;
(k) a
copy of the signed certificate must be delivered by the sample collector
together with the other sealed container containing part of the blood sample
to a police officer who must, in turn, deliver that copy of the certificate
and the blood sample container to Forensic Science SA;
(l) the
blood sample container and copy of the certificate referred to in
paragraph (k) must not be delivered into the possession of the licensee;
(m) on
receipt of the blood sample container and certificate at Forensic Science SA,
the blood in the container must be analysed as soon as reasonably practicable
by or under the supervision of an analyst to determine the concentration of
alcohol present in the blood expressed in grams in 100 millilitres of
blood;
(n) the
analyst must then complete and sign a certificate certifying as to the
following matters:
(i)
the date of receipt at Forensic Science SA of the blood
sample container and the certificate accompanying the blood sample container;
(ii)
the identifying number appearing on the adhesive seal
used to seal the blood sample container;
(iii)
the name and professional qualifications of the analyst;
(iv)
the concentration of alcohol found to be present in the
blood expressed in grams in 100 millilitres of blood;
(v)
any factors relating to the blood sample or the analysis
that might, in the opinion of the analyst, adversely affect the accuracy or
validity of the analysis;
(vi)
any other information relating to the blood sample or
analysis or both that the analyst thinks fit to include;
(o) the
analyst's certificate must be sent by post to the licensee at the address
shown as the licensee's address on the certificate accompanying the blood
sample container;
(p) a
copy of the analyst's certificate must be sent to or retained on behalf of the
Minister;
(q) a
copy of the analyst's certificate must also be sent to the Commissioner and
the Commissioner of Police;
(r) the
licensee from whom the blood sample was taken may cause the sample of blood as
contained in the blood sample container delivered to that licensee to be
analysed to determine the concentration of alcohol present in the blood.