197Periodic drug testing

197 Periodic drug testing

197 Periodic drug testing

(1) For the Act, section 106ZA(1)(a) and (g), the Commissioner must ensure that each offender is to undergo periodic drug testing in accordance with this clause—

(a) for an offender in closed detention (Stage 1)—2 times a week, and

(b) for an offender in semi-open detention (Stage 2)—3 times a week, and

(c) for an offender in community custody (Stage 3)—2 times a week.

(2) A person authorised by the Commissioner may, in accordance with the Commissioner’s instructions, require an offender to supply for testing or analysis one or more of the following as a sample and give directions as to how the sample is to be supplied—

(a) breath,

(b) urine,

(c) oral fluid,

(d) hair.

(3) The directions may require the offender to comply with directions given by another person as to how the sample is to be supplied.

(4) An analysis of the sample must be carried out by an analyst.

(5) A sample may be required under this clause and tested or analysed for the presence of a drug even though the offender concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.

cl 197: Am 2026 (112), Sch 2.