Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
16A Analysis of body samples
(1) This section applies if, under section 16—
(a) a body sample is taken from a person (the tested person ) for analysis; and
(b) an analyst has collected the sealed container containing the sample from a one-way box.
(2) The analyst must, as soon as practicable, arrange for the analysis of the sample at an approved laboratory to work out, as far as practicable—
(a) whether any drug (other than a prescribed drug) or alcohol was present in the tested person's body when the sample was taken; and
(b) if the sample is of the tested person's blood—the concentration, quantity or other measurement of a drug (other than a prescribed drug) or alcohol, in the sample.
(3) The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out for the tested person (the preserved part ) is protected and preserved until—
(a) if a request is made under subsection (5)—the preserved part is sent to the laboratory nominated by the tested person; or
(b) in any other case—
(i) 1 year has passed since the sample was taken from the tested person; or
(ii) if a request is made by the DPP under section 16C (Keeping of samples—request by DPP)—the end of the proceeding to which the sample relates.
(4) However, subsection (3) does not apply if the amount of sample remaining after analysis under subsection (2) is insufficient for further analysis.
(5) Before the end of the period mentioned in subsection (3) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person's expense, to a laboratory nominated by the person.
(6) If a request is made under subsection (5), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.
16B Body sample statement
(1) As soon as practicable after an analysis of a person's body sample is carried out under section 16A, the chief police officer must ensure the person is given a written statement that includes the following information:
(a) the date and the time the body sample was taken;
(b) the unique identifying number on the tamper-evident seal;
(c) the place where the body sample was taken;
(d) the result of the analysis;
(e) the address where the preserved part of the body sample is being held;
(f) that the person will be notified, in writing, of a request (if any) by the DPP under section 16C (Keeping of samples—request by DPP);
(g) that the person may, before the end of the period mentioned in section 16A (3) (b), ask the analyst to send the preserved part of the body sample to a laboratory nominated by the person, at the person's expense.
(2) In this section:
"preserved part"—see section 16A (3).
16C Keeping of samples—request by DPP
(1) This section applies if—
(a) a blood or a body sample was taken from a person (the tested person ) under this part for analysis; and
(b) the preserved part of the sample—
(i) is being kept at the approved laboratory where the analysis was carried out; and
(ii) has not been sent to a nominated laboratory under section 15A (7) (Analysis of blood samples) or section 16A (5) (Analysis of body samples); and
(c) a proceeding against the tested person—
(i) has not yet begun; or
(ii) has begun and not yet been finally decided (including any appeals).
(2) The DPP may ask the approved laboratory to keep the preserved part of the sample until the end of the proceeding (including any appeals).
(3) If the DPP makes a request under subsection (2), the DPP must tell the tested person about the request as soon as practicable.
(4) In this section:
"preserved part"—
(a) in relation to a blood sample—see section 15A (5); or
(b) in relation to a body sample—see section 16A (3).
16D Destruction of samples
(1) This section applies to the part of a sample preserved under section 15A (5) (Analysis of blood samples) or section 16A (3) (Analysis of body samples).
(2) An analyst must arrange for the preserved part to be destroyed after the end of the period for which the preserved part must be kept under section 15A (5) (b) or section 16A (3) (b).