100Offence to tamper with a sample

100 Offence to tamper with a sample

(1) A person must not, without reasonable excuse, do any of the following to a sample obtained in accordance with a testing direction made under this Part—

(a) interfere or tamper, or attempt to interfere or tamper, with that sample; or

(b) substitute, or attempt to substitute, another sample for that sample; or

(c) pass off, or attempt to pass off, another sample for that sample.

See section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.

(2) Without limiting the operation of subsection (1), interfering or tampering with a sample includes—

(a) improperly processing a sample for the purpose of falsifying test results; or

(b) diluting or adulterating a sample.