133When test sample positive

133 When test sample positive (1) A person is taken to provide a positive test sample for alcohol or a drug if, when directed under this Act, the Crimes (Sentence Administration) Act 2005 or the Crimes (Sentencing) Act 2005, to provide a test sample— (a) the person fails to provide a test sample in accordance with the direction; or Note Fail includes refuse, see the Legislation Act, dict, pt 1. (b) the person provides an invalid test sample; or

Alcohol and drug testing Part 9.6 General Division 9.6.1 (c) for a full-time detainee—the detainee provides a test sample that shows the detainee has taken alcohol or a drug; or (d) for a person serving a term of imprisonment by intensive correction, or suspended under a drug and alcohol treatment order—the person provides a test sample that shows the person— (i) either— (A) if the person is under a condition or a direction that the person not take alcohol—has taken alcohol; or (B) in any other case—has a blood alcohol concentration of the prescribed concentration or more; or (ii) has taken 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 of 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 (4) An exemption is a notifiable instrument. drug and alcohol treatment order—see the Crimes (Sentencing) Act 2005, section 12A.

invalid—a test sample provided by a person is invalid if— (a) the person tampers, or attempts to tamper, with the test sample; or (b) the person otherwise changes, or attempts to change, the results of the test sample. prescribed concentration, of alcohol, means— (a) 0.02g of alcohol per 100mL of blood; or (b) if a regulation prescribes another concentration—the prescribed concentration.