236Positive test samples

236 Positive test samples (1) A person is taken to provide a positive test sample for alcohol or a drug if, when directed under this Act to provide a test sample— (a) the person fails to provide a test sample in accordance with the direction; or (b) the person provides an invalid test sample; or

(c) for a young detainee—the young detainee provides a test sample that shows that the young detainee has taken alcohol or a drug. (2) However, subsection (1) (a) does not apply if the person has a reasonable excuse for failing to provide the test sample within a reasonable time of the direction being given. Examples—reasonable excuse 1 a medical condition that prevents the person from providing a test sample as directed 2 prescribed medication that may affect test results (3) The director-general may exempt a drug from the application of this part. (4) An exemption is a notifiable instrument. invalid—a test sample provided by a person is invalid if the person— (a) tampers, or attempts to tamper, with the test sample; or (b) otherwise changes, or attempts to change, the results of the test sample.