Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 86

Critical incident testing

    (1)     The Chief Commissioner may give a testing direction (other than a direction to give a sample of hair) to a person to whom this Division applies if the conditions in subsection (3) are satisfied.

    (2)     The Chief Commissioner may direct a registered medical practitioner or registered nurse to take a sample of blood for analysis for the purpose of testing for the presence of alcohol or a drug of dependence from a person to whom this Division applies if—

        (a)     the person is unconscious or would be otherwise unable to comply with a testing direction given under subsection (1); and

        (b)     the conditions in subsection (3) are satisfied.

    (3)     The conditions are that—

        (a)     the Chief Commissioner reasonably believes that the person has been involved in a critical incident (whether or not the person was physically present at the place where the critical incident occurred); and

        (b)     the direction is given—

              (i)     in the case of a critical incident referred to in paragraph (b)(ii)(B) of the definition of critical incident in section 82—within 3 hours after the critical incident occurred; or

              (ii)     in the case of any other critical incident—within a reasonable time after the critical incident occurred.



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