CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 57
Drug tests for inmates
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 57
Drug tests for inmates
57 Drug tests for inmates
(1) This section applies to a correctional centre
offence arising out of--
(a) the result of a test showing the presence of a
drug in a non-invasive sample taken from or provided by an inmate, or
(b) an
inmate refusing or failing to provide, or enable to be taken, from the inmate
a non-invasive sample when required to do so by a correctional officer of or
above the rank of Assistant Superintendent.
(2) The governor or Visiting
Magistrate dealing with a charge relating to an offence to which this section
applies may order that an inmate be deprived, for up to 6 months, of such
withdrawable privileges as the governor or Visiting Magistrate may determine
if satisfied beyond reasonable doubt that the inmate is guilty of the offence.
(3) The governor or Visiting Magistrate is not to make such an order if the
inmate establishes that the drug--
(a) was administered on and in accordance
with the prescription of a registered medical practitioner or registered
dentist, or
(b) was lawfully supplied by, and taken in accordance with the
instructions of, a registered medical practitioner, registered dentist or
registered nurse, or
(c) was taken or administered in such form or
preparation as may be allowed by the regulations, or
(d) was present in a
quantity that does not exceed the quantity (if any) prescribed by the
regulations, or
(e) was not a drug within the meaning of this Act at the time
it was taken by or administered to the inmate.
