Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies to—
(a) a person who—
(i) has been required to undergo a screening test or to provide a sample of his or her breath for analysis; and
(ii) has been arrested on reasonable suspicion of having committed an offence against section 24 or an offence of culpable driving; and
(b) a driver involved in an accident.
(2) If a police officer has reasonable cause to suspect—
(a) that a person to whom this section applies has in his or her body a drug other than alcohol; or
(b) that the behaviour of the person does not arise, or does not wholly arise, from the presence of alcohol in his or her body;
the police officer may require that person to submit to a medical examination and to give, or permit the taking of, body samples in accordance with this section for the purpose of ascertaining whether the condition of the person is caused, or contributed to, by the presence in his or her body of a drug other than alcohol.
(3) For a person mentioned in subsection (1) (a), if the person is not in hospital, the police officer may take the person into custody and take the person, or place the person in the custody of another police officer who shall take the person, as soon as practicable to a hospital for the purposes of the medical examination.
(4) A doctor or authorised nurse practitioner requested by a police officer to carry out a medical examination of a person to whom this section applies for the purpose mentioned in subsection (2) shall carry out the medical examination within 2 hours of the person's arrival at hospital.
Maximum penalty: 10 penalty units.
(5) A doctor or authorised nurse practitioner requested by a police officer to take a sample from the body of a person to whom this section applies for the purpose mentioned in subsection (2) shall, within 2 hours of the person's arrival at hospital—
(a) take the sample; or
(b) request a nurse to take the sample.
Maximum penalty: 10 penalty units.
(6) A nurse requested by a doctor, authorised nurse practitioner or police officer to take a sample from the body of a person to whom this section applies shall take the sample within 2 hours of the person's arrival at hospital.
Maximum penalty: 10 penalty units.
(7) A person taking a sample under this section shall—
(a) place approximately equal quantities of the sample into 2 containers; and
(b) mark or label each container for future identification; and
(c) ensure that each container is sealed.
(8) A person who has taken a sample under this section shall—
(a) if satisfied that the person from whom the sample has been taken is incapable of understanding the procedures that have been applied to the person—put both sealed containers in a one-way box; or
(b) in any other case—give 1 sealed container to the person and put the other sealed container in a one-way box.
(9) A police officer shall arrange for the container or containers to be collected from the one-way box by an approved analyst as soon as practicable.