Victorian Current Acts Victorian Current Acts(1) If a prisoner is released under a parole order that contains an abstinence, treatment or testing condition, the Secretary may at any time direct the prisoner to submit to tests to assess whether the prisoner has consumed or used alcohol, any drug of dependence or a Schedule 8 poison or Schedule 9 poison.
(2) Tests under subsection (1)—
(a) must be of a kind approved by the Secretary; and
S. 76A(2)(b) amended by No. 64/2017 s. 14(1)(a).
(b) may include the taking of samples of urine; and
S. 76A(2)(c) inserted by No. 64/2017 s. 14(1)(b).
(c) if the Secretary so directs, may be conducted or supervised by an officer within the meaning of Part 9.
S. 76A(2A) inserted by No. 64/2017 s. 14(2).
(2A) The Secretary may give a direction referred to in subsection (2)(c) if the Secretary reasonably believes that the direction is necessary to ensure the reliability and accuracy of the test.
S. 76A(2B) inserted by No. 64/2017 s. 14(2).
(2B) If a test includes the taking of a sample of urine from a prisoner and is to be conducted or supervised by an officer in accordance with a direction referred to in subsection (2)(c), the officer must—
(a) if the prisoner identifies as being of a particular gender, be of that gender; or
(b) if the prisoner requests that the officer be of a different gender, be of that different gender.
S. 76A(2C) inserted by No. 64/2017 s. 14(2).
(2C) Subsection (2B) need not be complied with if it is not practicable for the test to be conducted or supervised in accordance with that subsection.
(3) In this section—
"abstinence, treatment or testing condition" means a term or condition of a parole order that requires a prisoner to do one or more of the following—
(a) abstain from consuming alcohol;
(b) undergo assessment and treatment for abuse of or dependency on alcohol or any drug of dependence, Schedule 8 poison or Schedule 9 poison;
(c) submit to tests to assess whether the prisoner has consumed alcohol or used any drug of dependence, Schedule 8 poison or Schedule 9 poison while released on parole;
S. 76A(3) def. of drug of dependence repealed by No. 59/2015 s. 23(2).
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Schedule 8 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981 ;
Schedule 9 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981 .
S. 77 amended by Nos 57/1989 s. 3(Sch. items 35.2, 35.3), 23/1994 s. 118(Sch. 1 item 14.5), 81/2005 s. 7, 97/2005 s. 182(Sch. 4 item 13.4), 49/2006 s. 6(2)(3), 13/2010 s. 51(Sch. item 16.5), 10/2013 s. 29, substituted by No. 15/2013 s. 3.