South Australian Current Acts South Australian Current Acts43—Providing or taking sample in another participating jurisdiction
(1) This section
applies if a police officer of the State acting under section 42(3)
requires a person to provide or allow to be taken a sample under the State's
drink or drug-driving laws in another participating jurisdiction.
(2) If the person is
required to provide the sample or allow the sample to be taken in accordance
with the testing procedures under that other jurisdiction's
drink or drug-driving laws, the person is taken to be required to provide the
sample or allow the sample to be taken in accordance with the testing
procedures under the State's drink or drug-driving laws.
(3) If the sample is
tested in accordance with the testing procedures under that other
jurisdiction's drink or drug-driving laws, the following provisions apply:
(a) the
sample is taken to have been tested in accordance with the testing procedures
under the State's drink or drug-driving laws;
(b) a
certificate relating to the testing procedures under that other jurisdiction's
drink or drug-driving laws that would be prima facie evidence of a matter
stated in the certificate in a proceeding for an offence under the law of that
other jurisdiction is prima facie evidence of the matter in a proceeding
referred to in section 47K(18) of the Road Traffic Act 1961 ;
(c) if a
sample of breath or blood is tested, the analysis result is taken to be the
analysis result for the purposes of Part 3 Division 5 of the
Road Traffic Act 1961 .
(4) This section does
not prevent the sample from being required to be provided or allowed to be
taken, or from being tested, in accordance with the testing procedures under
the State's drink or drug-driving laws.
Examples—
1 An SA police officer requires a person in WA to
provide a blood sample under SA's drug-driving laws. The police officer may
require the person to provide the sample in accordance with the testing
procedures under WA's drug-driving laws.
2 An SA police officer requires a person in WA to
provide a blood sample under SA's drug-driving laws. The sample may be tested
in accordance with the testing procedures under WA's drug-driving laws.