CORRECTIONS MANAGEMENT ACT 2007 - SECT 133 When test sample positive

CORRECTIONS MANAGEMENT ACT 2007 - SECT 133

    (1)     A person is taken to provide a positive test sample for alcohol or a drug if, when directed under this Act, the Crimes (Sentence Administration) Act 2005

or the Crimes (Sentencing) Act 2005

, 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 full-time detainee—the detainee provides a test sample that shows the detainee has taken alcohol or a drug; or

        (d)     for a person serving a term of imprisonment by intensive correction, or suspended under a drug and alcohol treatment order— the person provides a test sample that shows the person—

              (i)     either—

    (A)     if the person is under a condition or a direction that the person not take alcohol—has taken alcohol; or

    (B)     in any other case—has a blood alcohol concentration of the prescribed concentration or more; or

              (ii)     has taken 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 of 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:

"drug and alcohol treatment order"—see the Crimes (Sentencing) Act 2005

, section 12A.

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

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

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

"prescribed concentration", of alcohol, means—

        (a)     0.02g of alcohol per 100mL of blood; or

        (b)     if a regulation prescribes another concentration—the prescribed concentration.