CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 236 Positive test samples

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 236

    (1)     A person is taken to provide a positive test sample for alcohol or a drug if, when directed under this Act to provide a test sample—

        (a)     the person fails to provide a test sample in accordance with the direction; or

Note     Fail includes refuse, see the Legislation Act

, dict, pt 1.

        (b)     the person provides an invalid test sample; or

        (c)     for a young detainee—the young detainee provides a test sample that shows that the young detainee has taken alcohol or a drug.

    (2)     However, subsection (1) (a) does not apply if the person has a reasonable excuse for failing to provide the test sample within a reasonable time of the direction being given.

Examples—reasonable excuse

1     a medical condition that prevents the person from providing a test sample as directed

2     prescribed medication that may affect test results

    (3)     The director-general may exempt a drug from the application of this part.

    (4)     An exemption is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (5)     In this section:

"invalid"—a test sample provided by a person is "invalid" if the person—

        (a)     tampers, or attempts to tamper, with the test sample; or

        (b)     otherwise changes, or attempts to change, the results of the test sample.