Victorian Numbered Regulations Victorian Numbered RegulationsAfter regulation 207B of the Principal Regulations insert —
(1) The device prescribed for the purposes of section 55D of the Act is the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN.
(2) The devices prescribed for the purposes of section 55E of the Act are—
(a) the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO;
(b) the oral fluid testing device known as the Cozart RapiScan.
For the purposes of section 55D of the Act, the prescribed procedure for carrying out a preliminary oral fluid test is that the member of the police force or person authorised under section 55D(2) of the Act who conducts the test—
(a) provides a fresh oral fluid collection unit for use by a person required to provide a preliminary oral fluid sample; and
(b) uses only an oral fluid collection unit that, until required for taking the oral fluid sample, has been kept in a sealed container; and
(c) tests the oral fluid sample by using the device, or the oral fluid testing unit that is part of the device, that was used to obtain the sample.
For the purposes of section 55E of the Act, an authorised officer, in taking an oral fluid sample, must—
(a) provide a fresh oral fluid collection unit for use by each person required to provide an oral fluid sample; and
(b) use only an oral fluid collection unit which, until required for taking the oral fluid sample, has been kept in a sealed container.
r. 8
An authorised officer who takes a sample of oral fluid under section 55E of the Act must ensure that the sample, or if the sample is broken into parts each part, has attached to it a label bearing—
(a) the name and signature of the authorised officer who took the oral fluid sample; and
(b) the date and time the sample was taken; and
(c) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken.
A certificate under section 57B(3) of the Act must contain the following particulars—
(a) a statement by the person who carried out the oral fluid test that he or she is an authorised officer within the meaning of section 55E of the Act;
(b) a statement as to whether the requirements of these Regulations for the taking and testing of oral fluid samples have been complied with;
(c) a statement as to whether the result of the oral fluid tested indicated the oral fluid sample provided by the person contained a prescribed illicit drug;
(d) the name of the person from whom the oral fluid sample was taken;
(e) the time and date the oral fluid sample was taken;
(f) the name and signature of the authorised officer who took the oral fluid sample.
r. 8
A certificate under section 57B(4) of the Act must, in addition to a statement as to the presence of a prescribed illicit drug in that sample of oral fluid, contain the following particulars—
(a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57B of the Act;
(b) a statement as to the method of analysis used;
(c) the name and signature of the analyst;
(d) the date on which the analysis was conducted;
(e) a description of the contents of the identification label referred to in regulation 207F that was attached to the part of the oral fluid received for analysis.".