34Retention of blood sample during detention in custody

34 Retention of blood sample during detention in custody

(1)  This section applies if a container containing part of a blood sample is delivered to a police officer under section 32(6)(a) .

(2)  If the manner in which the container is to be kept is prescribed, the container is to be kept in the prescribed manner.

(3)  If the subject is released from custody within 24 hours after the blood sample was taken, the container is to be tendered to the subject on his or her release.

(4)  If the container is not tendered to the subject as provided by subsection (3) , it must, on a written request made by or on behalf of the subject, be delivered to –

(a) the subject; or

(b) such other person at such place as is specified in the request.

(5)  A request under subsection (4) is to be made to such person or at such place as may be prescribed.

(6)  [Section 34 Subsection (6) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] If a request under subsection (4) is purportedly signed by an Australian legal practitioner acting for the subject, a person receiving or acting on the request is entitled to assume that it has been made on behalf of the subject.