Sch 1Harbors

Schedule 1—Harbors 1—Harbors to which this Act applies (1) This Act applies to the following harbors: American River Ardrossan Beachport and Southend Cape Jaffa Cape Jervis Coffin Bay Cowell (Franklin Harbor) Kingscote Kingston SE Klein Point Penneshaw Point Turton Port Adelaide Port Augusta Port Bonython Port Broughton Port Giles Port MacDonnell Port Pirie Port Lincoln Port Stanvac Port Wakefield Rapid Bay Robe Streaky Bay Thevenard Venus Bay Victor Harbor Vivonne Bay Wallaroo Whyalla (2) Regulations may be made under this Act defining the boundaries to any of the harbors referred to above. Schedule 1A—Blood and oral fluid sample processes 1—Interpretation In this Schedule— approved courier means a person approved by the Commissioner of Police under the Road Traffic Act 1961 as a courier for the purposes of Schedule 1 of that Act. Part 2—Processes relating to blood samples under Part 10 Division 4 2—Blood sample processes generally The following provisions apply where a sample of blood is taken under Part 10 Division 4: (a) a medical practitioner or registered nurse by whom a sample of blood is taken must— (i) place the sample of blood, in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of blood and seal the containers; and (ii) give to the person from whom the sample was taken, or (in the case of a sample taken under section 74) leave with the person's personal effects at the hospital, a notice in writing— (A) advising that the sample has been taken under the relevant section; and (B) advising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and (C) containing any other information prescribed by the regulations; and (iii) complete and sign a certificate containing the information required under paragraph (d); and (iv) make the containers and the certificate available to a police officer; (b) each container must contain a sufficient quantity of blood to enable an analysis to be made of the concentration of alcohol present in the blood or of the presence of a prescribed drug in the blood; (c) it is the duty of the medical practitioner or registered nurse by whom the sample is taken to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper analysis of the concentration of alcohol present in the blood, or the presence of a prescribed drug in the blood; (d) the certificate referred to in paragraph (a) must state— (i) the identification number of the sample marked on the containers referred to in that paragraph; and (ii) the name and address of the person from whom the sample was taken; and (iii) the name of the medical practitioner or registered nurse by whom the sample was taken; and (iv) the date, time and place at which the sample was taken; and (v) that the medical practitioner or registered nurse gave the notice referred to in that paragraph to the person from whom the sample was taken, or, as the case may be, left the notice with the person's personal effects; (e) one of the containers containing the sample must— (i) as soon as reasonably practicable be taken by a police officer or an approved courier to the place specified in the notice given to the person or left with the person's personal effects under paragraph (a); and (ii) be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations; (f) after analysis of the sample in a container made available to a police officer in accordance with paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information: (i) the identification number of the sample marked on the container; (ii) the name and professional qualifications of the analyst; (iii) the date on which the sample was received in the laboratory in which the analysis was performed; (iv) the concentration of alcohol or other drug found to be present in the blood; (v) any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis; (vi) any other information relating to the sample or analysis or both that the analyst thinks fit to include; (g) on completion of an analysis of a sample— (i) the certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of— (A) the Minister; and (B) the medical practitioner or registered nurse by whom the sample was taken; and (ii) copies of the certificates referred to in paragraph (g)(i) must be sent to— (A) the Commissioner of Police; and (B) the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased; (h) if the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased, is unknown, there is no obligation to comply with paragraph (g)(ii)(B) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent. 4—Police officer to be present when blood sample taken The taking of a sample of blood under section 71(10) or 72(2), (3) or (12) must be in the presence of a police officer. 5—Cost of blood tests under certain sections The taking of a sample of blood under section 71(10), 72(12) or 74 must be at the expense of the Crown. 6—Provisions relating to medical practitioners etc (1) No proceedings lie against a medical practitioner or registered nurse in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Act. (2) A medical practitioner or registered nurse must not take a sample of a person's blood under this Act if, in the opinion of the medical practitioner or registered nurse, it would be injurious to the medical condition of the person to do so. (3) A medical practitioner or registered nurse is not obliged to take a sample of a person's blood under this Act if the person objects to the taking of the sample of blood and persists in that objection after the medical practitioner or registered nurse has informed the person that, unless the objection is made on genuine medical grounds, it may constitute an offence against this Act. (4) A medical practitioner who fails, without reasonable excuse, to comply with a provision of, or to perform any duty arising under, section 74 is guilty of an offence. (5) No proceedings can be commenced against a medical practitioner for an offence against subclause (4) unless those proceedings have been authorised by the Attorney‑General. (6) An apparently genuine document purporting to be signed by the Attorney‑General and to authorise proceedings against a medical practitioner for an offence under subclause (4) must, in the absence of proof to the contrary, be accepted by any court as proof that those proceedings have been authorised by the Attorney‑General. Part 3—Processes relating to oral fluid samples under section 72 7—Oral fluid sample processes The following provisions apply where a sample of oral fluid is taken under section 72(2): (a) the police officer who takes a sample of oral fluid for the purposes of an oral fluid analysis must— (i) place the sample of oral fluid (and any reagent or other substance required by the regulations to be added to the sample) in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of oral fluid and seal the containers; and (ii) give to the person from whom the sample was taken a notice in writing— (A) advising that the sample has been taken under section 72(2); and (B) advising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and (C) containing any other information prescribed by the regulations; and (iii) complete and sign a certificate containing the information required under paragraph (d); (b) each container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid; (c) it is the duty of the police officer who takes the sample of oral fluid for the purposes of the oral fluid analysis to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated (other than as required under paragraph (a)) and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid; (d) the certificate referred to in paragraph (a) must state— (i) the identification number of the sample marked on the containers referred to in that paragraph; and (ii) the name and address of the person from whom the sample was taken; and (iii) the identification number of the police officer by whom the sample was taken; and (iv) the date, time and place at which the sample was taken; and (v) that the police officer gave the notice referred to in that paragraph to the person from whom the sample was taken; (e) one of the containers containing the sample must— (i) as soon as reasonably practicable be taken by a police officer or an approved courier to the place specified in the notice given to the person under paragraph (a); and (ii) be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations; (f) after analysis of the sample in a container referred to in paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information: (i) the identification number of the sample marked on the container; (ii) the name and professional qualifications of the analyst; (iii) the date on which the sample was received in the laboratory in which the analysis was performed; (iv) the information required by the regulations in relation to any prescribed drug or drugs found to be present in the sample; (v) any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis; (vi) any other information relating to the sample or analysis or both that the analyst thinks fit to include; (g) on completion of an analysis of a sample, the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the Minister and copies of the certificates must be sent— (i) to the Commissioner of Police; and (ii) to the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased; (h) if the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(ii) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent. Part 4—Other provisions relating to blood or oral fluid samples under Part 10 Division 4 8—Blood or oral fluid sample or results of analysis etc not to be used for other purposes (1) A sample of blood or oral fluid taken under Part 10 Division 4 (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) must not be used for a purpose other than that contemplated by this Act. (2) The results of a drug screening test, oral fluid analysis or blood test under Part 10 Division 4, an admission or statement made by a person relating to such a drug screening test, oral fluid analysis or blood test, or any evidence taken in proceedings relating to such a drug screening test, oral fluid analysis or blood test (or transcript of such evidence)— (a) will not be admissible in evidence against the person in any proceedings, other than proceedings for— (i) an offence against this Act; or (ii) an offence involving the operation or crewing of a vessel; or (iii) an offence against the Controlled Substances Act 1984; and (b) may not be relied on as grounds for the exercise of any search power or the obtaining of any search warrant. 9—Destruction of blood or oral fluid sample taken under Part 10 Division 4 The Commissioner of Police must ensure that a sample of blood or oral fluid taken under Part 10 Division 4 (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) is destroyed— (a) if proceedings for an offence of a kind referred to in clause 8(2)(a) based on evidence of the results of analysis of the sample are not commenced within the period allowed; or (b) if such proceedings are commenced within the period allowed—when the proceedings (including any proceedings on appeal) are finally determined or discontinued.