ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 15A Analysis of blood samples

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 15A

    (1)     This section applies if, under section 15 or section 15AA —

        (a)     a sample of blood is taken from a person (the tested person ) for analysis; and

        (b)     an analyst has collected the sealed container containing the sample from a one-way box.

    (2)     The analyst must, as soon as practicable, arrange for the analysis of the sample of blood at an approved laboratory to work out, in accordance with a request made by a police officer—

        (a)     the concentration of alcohol in the blood; or

        (b)     whether a prescribed drug is present in the blood.

    (3)     If a police officer has reasonable cause to suspect that the tested person has a drug other than a prescribed drug or alcohol in the person's body, or that the tested person's behaviour may be affected by the presence of a drug other than a prescribed drug or alcohol in the person's body, the police officer may ask the analyst to work out the following:

        (a)     whether 1 or more drugs other than a prescribed drug or alcohol are present in the sample;

        (b)     if a drug other than a prescribed drug or alcohol is present in the sample—the concentration, quantity or other measurement of the drug.

    (4)     The analyst must, as far as practicable, comply with the police officer's request.

    (5)     The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out for the tested person (the  preserved part ) is protected and preserved until—

        (a)     if a request is made under subsection (7)—the preserved part is sent to the laboratory nominated by the tested person; or

        (b)     in any other case—

              (i)     1 year has passed since the sample was taken from the tested person; or

              (ii)     if a request is made by the DPP under section 16C (Keeping of samples—request by DPP)—the end of the proceeding to which the sample relates.

    (6)     However, subsection (5) does not apply if the amount of sample remaining after analysis under subsection (2) is insufficient for further analysis.

    (7)     Before the end of the period mentioned in subsection (5) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person's expense, to a laboratory nominated by the person.

    (8)     If a request is made under subsection (7), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.