116Action to be taken with respect to blood samples

116 Action to be taken with respect to blood samples

116 Action to be taken with respect to blood samples

(1) A medical practitioner or registered nurse by whom a sample of a juvenile justice officer’s blood is taken under Division 2 of Part 4A of the Act must—

(a) divide the sample into 3 approximately equal portions, and

(b) place each portion of the sample into a separate container, and

(c) fasten and seal each container, and

(d) mark or label each container for future identification.

(2) Of the sealed containers—

(a) two containers must, as soon as reasonably practicable, be transported to an approved laboratory for analysis by a government analyst in accordance with subclause (4), and must be stored at that laboratory on behalf of the Secretary, and

(b) the other container—

(i) if the officer has requested a part of the sample, must be given to the officer, or

(ii) if the officer does not request or is not capable of requesting a part of the sample, must, as soon as reasonably practicable, be transported to the approved laboratory to which the other two containers were sent and must be stored at that laboratory on behalf of the Secretary.

(3) If a juvenile justice officer does not request or is not capable of requesting a part of the sample, the officer may, within 12 months after the taking of the sample, apply to the approved laboratory for the container referred to in subclause (2) (b) (ii) to be sent for analysis (at the officer’s own expense) to a medical practitioner or laboratory nominated by the officer.

(4) The authorised person may arrange for the analyst to—

(a) determine whether the sample contains alcohol, and if so, the concentration of alcohol, or

(b) determine whether the sample contains a prohibited drug, or

(c) determine whether the sample contains alcohol, and if so, the concentration of alcohol and determine whether the sample also contains a prohibited drug.