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].