43Providing or taking sample in another participating jurisdiction

43 Providing or taking sample in another participating jurisdiction (1) This section applies if a police officer of the Territory acting under section 42(3) requires a person to provide or allow to be taken a sample under the Territory's drink or drug-driving laws in another (2) If the person is required to provide the sample or allow the sample to be taken in accordance with the testing procedures under the other jurisdiction's drink or drug-driving laws, the person is taken to be required to provide the sample or allow the sample to be taken in accordance with the testing procedures under the Territory's drink or drug-driving laws. (3) If the sample is tested in accordance with the testing procedures under the other jurisdiction's drink or drug-driving laws, the following provisions apply: (a) the sample is taken to have been tested in accordance with the testing procedures under the Territory's drink or drug- driving laws; (b) a certificate relating to the testing procedures under the other jurisdiction's drink or drug-driving laws that would be prima facie evidence of a matter stated in the certificate in a proceeding for an offence under the law of the other jurisdiction is prima facie evidence of the matter in a proceeding for an offence under the law of the Territory; (c) if a sample of breath or blood is tested, the analysis result is taken to be the analysis result for the law of the Territory. (4) This section does not prevent the sample from being required to be provided or allowed to be taken, or from being tested, in accordance with the testing procedures under the Territory's drink or drug-driving laws. Examples for section 43 1 An NT police officer requires a person in WA to provide a blood sample under the NT's drug-driving laws. The police officer may require the person to provide the sample in accordance with the testing procedures under WA's drug-driving laws. 2 An NT police officer requires a person in WA to provide a blood sample under the NT's drug-driving laws. The sample may be tested in accordance with the testing procedures under WA's drug-driving laws.

Cross-border Justice Act 2009 28