Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts10. Section 17 of the Principal Act is repealed and the following sections are substituted:
“16A. (1) Where only 1 sealed container of a particular person's body sample has been put in a one-way box under subsection 16 (8), the analyst by whom it is collected shall analyse it to ascertain—
(a) whether any drug other than alcohol was present in the person's body when the sample was taken;
(b) if any such drug is found to have been present—the concentration, quantity or other measurement of that drug; and
(c) where the sample is of the person's blood—the concentration of alcohol in the blood.
“(2) Where 2 sealed containers of a particular person's body samples have been put in a one-way box under subsection 16 (8), the analyst by whom they have been collected shall—
(a) analyse the sample in one of the containers in accordance with subsection (1); and
(b) keep the other container sealed and under refrigeration until—
(i) the person, or another person authorised by the first-mentioned person, requests the analyst to give him or her the sample; or
(ii) 6 months have elapsed since the sample was taken from the person.
“17. (1) In this section—
(a) the taking of a sample—
(i) of a person's blood under this Act; or
(ii) from the body of a person under section 16; or
(b) the carrying out of a medical examination under section 16.
“(2) A medical practitioner or nurse is not required to carry out a specified procedure on a person—
(a) if he or she is of the opinion that to do so would be detrimental to the person's medical condition;
(b) in the case of a procedure under section 15 or 16—if the person objects to the carrying out of the procedure and persists in so objecting after a medical practitioner, nurse or police officer has informed the person that, unless the objection is based on religious or other conscientious grounds or on medical grounds, the refusal may constitute an offence punishable as provided by this Act; or
(c) in the case of a procedure under section 15AA—the medical practitioner or nurse believes on reasonable grounds that a sample of the blood of the person—
(i) has already been taken under this Act; or
(ii) will be taken under section 15.
“(3) It is a defence to a prosecution for a breach of subsection 15 (4), 15AA (1) or 16 (4), (5) or (6) if the defendant satisfies the court that—
(a) by reason of the behaviour of the person in relation to whom the relevant specified procedure was to be carried out, the defendant was unable to comply with the subsection; or
(b) there was other reasonable cause for the failure to comply with the subsection.”.