19Analysis of samples

19 Analysis of samples

19 Analysis of samples

(1) An analyst to whom a sample of blood is submitted for analysis under this Division may carry out an analysis of the sample, or of a portion of the sample, to determine the concentration of alcohol in the blood or to determine whether the blood contains alcohol or another drug or drugs, as the case requires.

(2) An analyst to whom a sample of oral fluid is submitted for analysis under this Division may carry out an analysis of the sample, or of a portion of the sample, to determine whether the oral fluid contains a drug or drugs.

(3) An analyst to whom a sample of urine is submitted for analysis under this Division may carry out confirmatory testing on the sample, or a portion of the sample, to determine whether the urine contains a drug or drugs. The confirmatory testing must be carried out, and a report provided, in accordance with AS/NZS 4308:2023, section 6.

(4) Confirmatory testing under subclause (3) may be carried out only if urine screening testing determines that the urine contains a drug or drugs.

(5) An analysis under this clause may be carried out, and any act, matter or thing in connection with the analysis (including the receipt of the sample to be analysed and the breaking of any seal securing the sample) may be done, by a person acting at the direction or under the supervision of an analyst, and in that event is taken to have been carried out or done by the analyst.

(6) Without limiting any other provision of this clause, the Regulator may, generally or in a particular case or class of cases, direct that an analysis is to be carried out in order to determine whether there is present in a sample a drug specified in Schedule 1 to the Drug Misuse and Trafficking Act 1985.

cl 19: Am 2025 (557), Sch 1[10].