55ADrug assessment

55A Drug assessment S. 55A(1) amended by No. 37/2014 s. 10(Sch. item 147.11(a)). S. 55A(1)(b) amended by No. 111/2003 s. 11(5). (b) the driver of a motor vehicle that has been required to stop at a preliminary testing station under section 54(3); or (c) any person who he or she believes on reasonable grounds has within the last 3 preceding hours driven or been in charge of a motor vehicle when it was involved in an accident; or S. 55A(1)(d) amended by No. 37/2014 s. 10(Sch. item 147.11(a)(i)). (d) any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a motor vehicle when it was involved in an accident, if it has not been established to the satisfaction of the police officer which of the occupants was driving or in charge of the motor vehicle when it was involved in the accident; or (e) any person whom he or she has required under section 53 to undergo a preliminary breath test; or (f) any person required under section 55 to furnish a sample of breath or from whom a sample of blood was required to be taken under section 55(9A)— to undergo an assessment of drug impairment if, in the opinion of the police officer, that person's behaviour or appearance indicates that he or she may be impaired for a reason other than alcohol alone and for that purpose may further require the person to accompany a police officer to a place where the assessment is to be carried out and to remain there until the assessment has been carried out or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is sooner. (2) A person is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the person last drove, was an occupant of or was in charge of a motor vehicle. S. 55A(3) amended by No. 37/2014 s. 10(Sch. item 147.11(b)). (3) An assessment of drug impairment must be carried out by a police officer authorised to do so by the Chief Commissioner of Police. (4) An assessment of drug impairment must be carried out in accordance with the procedure specified in a notice under subsection (5). S. 55A(5) amended by No. 49/2019 s. 116(Sch. 1 item 126). (5) The Secretary may, by notice published in the Government Gazette, specify the procedure to be followed in assessing drug impairment. (6) The carrying out of an assessment of drug impairment must be video-recorded unless the prosecution satisfies the court that a video-recording has not been made because of exceptional circumstances. S. 55A(7) amended by No. 68/2009 s. 97(Sch. item 106.8). (7) If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under paragraph (ba) of section 49(1), a copy of the video-recording, if any, must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence. (8) Subject to subsection (9), the video-recording of the carrying out of an assessment of drug impairment on a person is only admissible in a proceeding against that person for an offence against this Act for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under subsection (5). (9) Evidence obtained as a result of an assessment of drug impairment carried out on a person is inadmissible as part of the prosecution case in proceedings against that person for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 55C. S. 55A(10) amended by No. 37/2014 s. 10(Sch. item 147.11(c)(ii)). (10) In any proceeding under this Act— S. 55A(10)(a) amended by No. 37/2014 s. 10(Sch. item 147.11(c)(i)). (a) the statement of any police officer that on a particular date he or she was authorised by the Chief Commissioner of Police under subsection (3) to carry out an assessment of drug impairment; or S. 55A(10)(b) amended by No. 37/2014 s. 10(Sch. item 147.11(c)(i)). (b) a certificate purporting to be signed by the Chief Commissioner of Police that a police officer named in it is authorised by the Chief Commissioner under subsection (3) to carry out an assessment of drug impairment— is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that police officer. S. 55B (Heading) inserted by No. 40/2015 s. 4(1). S. 55B inserted by No. 14/2000 s. 9.