Australian Capital Territory Numbered Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) (RANDOM DRUG TESTING) AMENDMENT ACT 2010 (NO. 27 OF 2010) - SECT 8

after section 12, insert

12AA     Analysis of oral fluid at approved laboratory

    (1)     This section applies if the result of an oral fluid analysis under section 12 (4) shows that a prescribed drug is present in the sample.

    (2)     The approved operator must ensure that the sample in the container mentioned in section 12 (2) is taken to an approved laboratory for confirmation of the result.

    (3)     An analysis of the sample in the container must be carried out by an approved analyst to confirm whether a prescribed drug is present in the sample.

    (4)     The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out by or for the person who gave the sample (the tested person ) is protected and preserved until—

        (a)     if a request is made under subsection (5)—the tested person receives the part of the sample; or

        (b)     in any other case—6 months have passed since the tested person gave the sample.

    (5)     Within 6 months after the sample is given, the tested person, or another person authorised by the tested person, may request that a part of the sample sufficient for analysis be made available to the tested person as soon as practicable.

    (6)     If a request is made under subsection (5), the analyst must—

        (a)     ensure that a part of the sample sufficient for analysis is made available to the tested person as soon as practicable; and

        (b)     give reasonable assistance to the tested person to ensure that the sample is protected and preserved until it is analysed.