35Analysis of blood samples by approved analyst

35 Analysis of blood samples by approved analyst

(1)  This section applies if 2 containers containing parts of a sample of blood taken from a person under this Act are delivered to an approved analyst.

(2)  The approved analyst may analyse the part of the sample contained in one of the containers.

(3)  Except as a court may otherwise direct, the part of the sample contained in the second container must not be analysed or otherwise dealt with except on the joint written request of –

(a) the subject (or a person acting on behalf of the subject); and

(b) [Section 35 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] an Australian legal practitioner acting on behalf of the Crown.

(4)  After analysing any part of the sample, the approved analyst must prepare a report of the analysis.

(5)  The report is to state the concentration of alcohol in the part of the sample analysed, expressed in grams of alcohol in 100 millilitres of blood, as determined by the analysis.

(6)  Within 21 days after completing the report of the analysis, the approved analyst must cause a copy of the report to be –

(a) served on the subject (or a person acting on behalf of the subject); and

(b) provided to –

(i) [Section 35 Subsection (6) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] if the analysis was done pursuant to a request under subsection (3) , a person specified by the Australian legal practitioner acting on behalf of the Crown who jointly made the request; or

(ii) if a request under subsection (3) was not made, a prescribed police officer.

(7)  For the purposes of subsection (6)(a)  –

(a) the copy of the report must be served by posting it to the residential or postal address, or address of business or employment, of the person being served, as last known to the approved analyst; and