106ZBEvidence relating to drug testing samples

#### 106ZB Evidence relating to drug testing samples 106ZB Evidence relating to drug testing samples > > (1) This section applies to samples collected from offenders who are— > > > > > (a) serving sentences by way of compulsory drug treatment detention, and > > > > > (b) being tested for drugs by random or periodic testing. > > > (2) In proceedings before the Drug Court, a certificate signed by an authorised officer to the following effects is admissible in evidence of the facts certified— > > > > > (a) a person received a sample obtained in a specified way, > > > > > (b) a person arranged for a sample to be submitted for analysis by an analyst to determine the presence of drugs in an offender’s body or the sample, > > > > > (c) a container was sealed, and marked or labelled, in a specified way. > > > (3) In proceedings before the Drug Court, a certificate signed by an analyst to the effect that on a specified day the following was true is admissible in evidence of the facts certified— > > > > > (a) the analyst received for analysis a container holding a specified sample, > > > > > (b) a container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified way, > > > > > (c) the analyst carried out an analysis of the sample to determine the presence of drugs in the sample, > > > > > (d) the analyst was, at the time of the analysis, an analyst. > > > (4) In proceedings before the Drug Court— > > > > > (a) the following matters are evidence that a sample was a sample obtained from the offender on the specified day— > > > > > > > (i) evidence that an analyst received a container holding a sample, > > > > > > > (ii) evidence that the container was marked or labelled to indicate the container held a sample obtained from a specified offender on a specified day, > > > > > (b) evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the analyst. > > **s 106ZB:** Ins 2025 No 6, Sch 1\[51\].