South Australian Numbered Acts

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CORRECTIONAL SERVICES (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 1 OF 2005) - SECT 4

4—Amendment of section 4—Interpretation

        (1)         Section 4—after the definition of "the Advisory Council insert:

"alcotest" means a test, by means of apparatus approved for the purpose of conducting alcotests under the Road Traffic Act 1961 , by which the presence of alcohol in the blood of a person who exhales into the apparatus is indicated;

"analyst" has the same meaning as in the Controlled Substances Act 1984 ;

"biological sample" means a sample of urine, saliva or sweat;

        (2)         Section 4—delete the definition of "drug" and substitute:

"drug" means—

            (a)         alcohol; or

            (b)         a substance that is a prescription drug, a drug of dependence or a prohibited substance under the Controlled Substances Act 1984 ;

"drug test" means an alcotest or a prescribed procedure; and "drug testing" has a corresponding meaning;

        (3)         Section 4—after the definition of "manager" insert:

"nearest police station", in relation to a person who has been arrested without warrant under this Act, means the police station nearest to the place of arrest at which facilities are continuously available for the care and custody of the person arrested;

        (4)         Section 4—after the definition of "police prison" insert:

"prescribed procedure" means a procedure, prescribed by regulation, consisting of the taking of a biological sample from a person for analysis for the purpose of ascertaining the presence of a drug in the body of the person from whom the sample was taken;



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