13ARetention of blood sample during detention in custody

### 13A Retention of blood sample during detention in custody > *\[Section 13A Inserted by No. 94 of 1975, s. 11 \]* > > > (1)  Where a container containing part of a sample of blood is delivered to a police officer as mentioned in [section 13](#GS13@EN) [(5B)](#GS13@Gs5B@EN) , it shall be kept in such manner as may be prescribed. > > > (2)  If the person from whom the sample was taken is released from custody within 24 hours from the time at which the sample was taken, the container shall be tendered to him on his release from custody. > > > (3)  If the container is not tendered as mentioned in [subsection (2)](#GS13A@Gs2@EN) , it shall, on a written request made by or on behalf of the person from whom the sample was taken, be delivered to him, or to such other person at such place within the State as may be specified in the request. > > > (4)  [*\[Section 13A Subsection (4) omitted by No. 38 of 2017, s. 26, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS26@Hpa@EN) .  .  .  .  .  .  .  .   > > > (5)  [*\[Section 13A Subsection (5) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja91@GC1@EN) Where for the purposes of [subsection (3)](#GS13A@Gs3@EN) a request in writing is made to any person purporting to be signed by an Australian legal practitioner acting for the person from whom the sample was taken, the person to whom the request is made is entitled to assumed that the request is made on behalf of the person from whom the sample was taken. > > > (6)  [*\[Section 13A Subsection (6) inserted by No. 38 of 2017, s. 26, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS26@Hpb@EN) Where a request in respect of a sample has not been made under [subsection (3)](#GS13A@Gs3@EN) within 60 days after the person from whom the sample was taken was released from custody, the sample is to be destroyed.