(1) A person must not, without reasonable excuse, do any of the following to a sample obtained in accordance with a testing direction made under this Part—
(a) interfere or tamper, or attempt to interfere or tamper, with that sample; or
(b) substitute, or attempt to substitute, another sample for that sample; or
(c) pass off, or attempt to pass off, another sample for that sample.
Penalty: In the case of an individual, 60 penalty units or imprisonment for 6 months or both;
In the case of a body corporate, 300 penalty units.
Note
See section 72 of the Criminal Procedure Act 2009 , which deals with the evidential burden of proof.
(2) Without limiting the operation of subsection (1), interfering or tampering with a sample includes—
(a) improperly processing a sample for the purpose of falsifying test results; or
(b) diluting or adulterating a sample.