87Samples taken where person is unconscious etc.

87 Samples taken where person is unconscious etc. (1) If a sample of the person's blood is taken in the circumstances referred to in section 86(2), the Chief Commissioner must, on the person regaining consciousness or otherwise becoming able to comply with a testing direction that could have been given to him or her under section 86(1), advise the person— (a) of the taking of the sample; and (b) that he or she may refuse to consent to the use of any evidence derived from the sample; and (c) that refusal to consent to the use of the evidence— (i) if the person is a police officer or protective services officer—constitutes a breach of discipline; or (ii) if the person is a police recruit—may be taken into account in the management of the person's performance of his or her duties; or (iii) if the person is a Victoria Police employee—may be taken into account in a determination under the **Public Administration Act 2004** or an industrial instrument applying to Victoria Police employees as to whether the employee has engaged in unsatisfactory performance, misconduct or serious misconduct. (2) Evidence derived from a sample obtained in accordance with a direction under section 86(2) must be destroyed if the person from whom the sample was taken refused to consent under subsection (1) to the use of the evidence. (3) The Chief Commissioner must cause a sample taken under section 86(2) in respect of which consent is refused under subsection (1) to be destroyed. Division 3—Targeted testing