266Action to be taken with respect to non-invasive samples

#### 266 Action to be taken with respect to non-invasive samples 266 Action to be taken with respect to non-invasive samples > > (1) A person who is provided with a non-invasive sample under Division 5 of Part 11 of the Act from a member of correctional staff or who takes a non-invasive sample from a member of correctional staff must— > > > > > (a) if the staff member requests a part of the sample or if the staff member is not capable of requesting a part of the sample, divide the sample into 2 approximately equal portions or, if the sample cannot be so divided, immediately require and immediately be provided with or take a further sample of the same type of biological material, and > > > > > (b) place each portion (or if 2 samples of the same type of biological material were provided or taken, each sample) into a container, and > > > > > (c) fasten and seal each container, and > > > > > (d) mark or label each container for future identification. > > > (2) Of the sealed containers— > > > > > (a) one container must, as soon as reasonably practicable after subclause (1) is complied with, be transported to an accredited analytical laboratory for analysis by an analyst in accordance with subclause (4), and must be stored at that laboratory on behalf of the Commissioner, and > > > > > (b) the other container must— > > > > > > > (i) if the staff member has requested a part of the sample, be given to the staff member, or > > > > > > > (ii) if the staff member is not capable of requesting a part of the sample, as soon as reasonably practicable after subclause (1) is complied with, be transported to the accredited analytical laboratory to which the container referred to in paragraph (a) was sent and must be stored at that laboratory on behalf of the Commissioner. > > > (3) If a staff member was not capable of requesting a part of the sample as referred to in subclause (1), the staff member may, within 12 months after the taking of the sample, apply to the laboratory referred to in subclause (2) for the container referred to in subclause (2)(b)(ii) to be sent, for analysis (at the staff member’s own expense) of the sample, or the portion of the sample, in that container, to a medical practitioner or laboratory nominated by the staff member. > > > (4) The authorised person may arrange for the analyst— > > > > > (a) if the non-invasive sample was provided or taken under section 236G of the Act, to determine whether the sample indicates that the blood of the staff member, by whom the sample was provided or from whom the sample was taken, contained alcohol, and if so, the concentration of alcohol in the staff member’s blood or determine whether the sample contains a prohibited drug, or > > > > > (b) if the non-invasive sample was provided or taken under section 236F of the Act, to determine whether the sample contains a prohibited drug. > > > (5) In the case of samples of urine, any sealed containers referred to in subclause (2) must be handled in accordance with the procedure set out in AS/NZS 4308 or any other procedure approved by the Commissioner in that regard.