Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts9. Section 16 of the Principal Act is amended—
(a) by omitting subsection (1) and substituting the following subsection:
“(1) This section applies to—
(a) a person who—
(i) has been required to undergo a screening test or to provide a sample of his or her breath for analysis; and
(ii) has been arrested on reasonable suspicion of having committed an offence against section 24 or an offence of culpable driving; and
(b) a driver involved in an accident.”;
(b) by inserting in subsection (2) “and to give, or permit the taking of, body samples” after “examination”;
(c) by omitting from subsection (3) “If” and substituting “In the case of a person referred to in paragraph (1) (a), if”;
(d) by omitting subsections (4), (5) and (6) and substituting the following subsections:
“(4) A medical practitioner requested by a police officer to carry out a medical examination of a person to whom this section applies for the purpose referred to in subsection (2) shall carry out the medical examination within 2 hours of the person's arrival at hospital.
Penalty: 10 penalty units.
“(5) A medical practitioner requested by a police officer to take a sample from the body of a person to whom this section applies for the purpose referred to in subsection (2) shall, within 2 hours of the person's arrival at hospital—
(a) take the sample; or
(b) request a nurse to take the sample.
Penalty: 10 penalty units.
“(6) A nurse requested by a medical practitioner or a police officer to take a sample from the body of a person to whom this section applies shall take the sample within 2 hours of the person's arrival at hospital.
Penalty: 10 penalty units.
“(7) A person taking a sample under this section shall—
(a) place approximately equal quantities of the sample into 2 containers;
(b) mark or label each container for future identification; and
(c) ensure that each container is sealed.
“(8) A person who has taken a sample under this section shall—
(a) if satisfied that the person from whom the sample has been taken is incapable of understanding the procedures that have been applied to him or her—put both sealed containers in a one-way box; or
(b) in any other case—give 1 sealed container to the person and put the other sealed container in a one-way box.
“(9) A police officer shall arrange for the container or containers to be collected from the one-way box by an approved analyst as soon as practicable.”.