65Sample-taking procedure

65 Sample-taking procedure (1) Despite any other provisions in this Part, an authorised officer may take a sample only if: (a) it is safe to do so; and (b) doing so will not result in a dangerous situation arising. (2) An authorised officer must: (a) unless it is not safe to do so, immediately after taking any sample of a substance, divide it into the following parts: (i) one part that is to be retained for future comparison; (ii) one part that is to be given to the person from whom the sample was taken; (iii) if the officer intends to have the sample tested or analysed – one part for that testing or analysis; and (b) immediately after dividing the sample: (i) enclose each part of the sample in packaging in a way that prevents the contamination of the part; and (ii) mark or label the packaging in a way that enables the part to be identified. (3) If an authorised officer finds packages that appear to be identical during an inspection or search, the officer: (a) may take 2 or more of the packages as samples; and (b) must, immediately after doing so: (i) enclose each package taken in a packaging in a way that prevents the contamination of the package; and

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 48 (ii) mark or label the packaging in a way that enables the sample to be identified; and (iii) give one of the samples to the person from whom the sample was taken. (4) If a person refused to accept a sample or part of a sample required to be given to the person under subsection (2)(a)(ii) or (3)(b)(iii), the authorised officer must: (a) retain the sample or part; and (b) give the retained sample or part to the person if subsequently asked to do so by the person. (5) An authorised officer intending to take a sample under this Part must, before removing the sample from the vehicle or premises (as appropriate), give a written receipt that identifies the sample to the person from whom the sample was taken. (6) In this section, a person from whom the sample was taken is: (a) for an inspection or search under section 37, 38, 48 or 49 – the driver of the vehicle, or the person apparently in charge of the vehicle; or (b) for an inspection or search under section 54 or 55 – the occupier, or apparent occupier, of the premises.