117Action to be taken with respect to non-invasive samples

117 Action to be taken with respect to non-invasive samples

117 Action to be taken with respect to non-invasive samples

(1) A person who is provided with a non-invasive sample under Division 2 of Part 4A of the Act from a juvenile justice officer or who takes a non-invasive sample from a juvenile justice officer must—

(a) divide the sample into 3 approximately equal portions or, if the sample cannot be so divided, immediately require and immediately be provided with or take 2 further samples of the same type of biological material, and

(b) place each portion (or if 3 samples of the same type of biological material were provided or taken, each 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—

(a) if the non-invasive sample was provided or taken under section 37K of the Act, to determine whether the sample indicates that the blood of the juvenile justice officer, by whom the sample was provided or from whom the sample was taken, contained alcohol, and if so, the concentration of alcohol in the blood of the officer or determine whether the sample contains a prohibited drug, or