13BAnalysis of blood samples by approved analyst

### 13B Analysis of blood samples by approved analyst > *\[Section 13B Inserted by No. 94 of 1975, s. 11 \]* > > > (1)  [*\[Section 13B Subsection (1) amended by No. 38 of 2017, s. 27, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS27@Hpa@EN) [*\[Section 13B Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja91@GC2@Hpa@EN) Where the 2 containers containing parts of the sample of blood are delivered to an approved analyst, the part of the sample contained in one of those containers may be analysed by an approved analyst and the part contained in any other of those containers may not, except as a court may otherwise direct, be so analysed or otherwise dealt with except on request in writing made by or on behalf of the person from whom the sample was taken and an Australian legal practitioner acting on behalf of the Crown. > > > (2)  [*\[Section 13B Subsection (2) substituted by No. 68 of 1997, s. 7, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS7@Hpa@EN) [*\[Section 13B Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja91@GC2@Hpc@EN) [*\[Section 13B Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja91@GC2@Hpb@EN) [*\[Section 13B Subsection (2) substituted by No. 38 of 2017, s. 27, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS27@Hpb@EN) Where a part of the sample of the blood taken from a person has been analysed under [subsection (1)](#GS13B@Gs1@EN) , an approved analyst must ensure a copy of the report of the analysis, within 21 days after the completion of the report – > > > > > > (a) if the analysis was made on request by, or on behalf of, that person and an Australian legal practitioner as referred to in [subsection (1)](#GS13B@Gs1@EN) , is given to the person specified by the Australian legal practitioner in the request; and > > > > > > > (b) if such a request was not made, is provided to a police officer. > > > (2A)  [*\[Section 13B Subsection (2A) inserted by No. 38 of 2017, s. 27, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS27@Hpb@EN) If a police officer is provided with a copy of a report under [subsection (2)(b)](#GS13B@Gs2@Hpb@EN) , the police officer is to ensure that a copy of the report is given to the person from whom the sample of the blood was taken. > > > (3)  [*\[Section 13B Subsection (3) amended by No. 18 of 2005, s. 11, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS11@EN) The report referred to in [subsection (2)](#GS13B@Gs2@EN) made in respect of a sample of blood shall 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 that analysis, unless the sample was taken pursuant to an obligation arising under [section 7C](#GS7C@EN) , [9](#GS9@EN) or [10A](#GS10A@EN) . > > > (4)  [*\[Section 13B Subsection (4) inserted by No. 68 of 1997, s. 7, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS7@Hpb@EN) [*\[Section 13B Subsection (4) amended by No. 68 of 2007, s. 8, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS8@Hpa@EN) [*\[Section 13B Subsection (4) amended by No. 68 of 2007, s. 8, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS8@Hpb@EN) [*\[Section 13B Subsection (4) omitted by No. 38 of 2017, s. 27, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS27@Hpc@EN) .  .  .  .  .  .  .  .