Western Australian Current Regulations

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SENTENCE ADMINISTRATION REGULATIONS 2003 - REG 11

11 .         Samples of breath etc. from offenders

        (1)         For the purposes of section 76(4)(b) of the Act the supervisor of a centre may direct an offender —

            (a)         to give a sample of the offender’s breath, blood, saliva, urine or sweat;

            (b)         to attend at a specified place for the purpose of giving the sample; and

            (c)         to give the sample to a specified person.

        (2)         A breath test must be conducted by means of an apparatus of a kind approved by the CEO.

        (3)         The results of a breath test are admissible in any proceedings as prima facie evidence.

        (4)         A sample of the sweat of an offender must be taken by a means approved by the CEO.

        (5)         A sample of blood, saliva, urine or sweat must be labelled with —

            (a)         the name of the offender;

            (b)         the type of the sample;

            (c)         the name of the person who obtained the sample; and

            (d)         the date and time that the sample was obtained.

        (6)         A sample of blood, saliva, urine or sweat must be analysed by a person specified by the supervisor, being a person who is approved by the CEO or who is an employee of a body approved by the CEO.

        (7)         The person who analyses the sample must make a certificate of the results and forward it to the supervisor.

        (8)         The certificate is admissible in any proceedings as prima facie evidence of the matters certified in it.



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