AustLII Tasmanian Consolidated Acts

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ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970 - SECT 13B

13B. Analysis of blood and urine samples by approved analyst

      (1) Where the 2 containers containing parts of the sample of blood or urine are delivered to an approved analyst, the part of the sample contained in one of those containers may be analysed by an approved analyst and the part contained in any other of those containers may not, except as a court may otherwise direct, be so analysed or otherwise dealt with except on request in writing made by or on behalf of the person from whom the sample was taken and an Australian legal practitioner acting on behalf of the Crown.

      (2) Where under subsection (1) a part of the sample of the blood or urine taken from a person has been analysed by an approved analyst, that analyst must cause a copy of the report of the analysis, within 21 days after the completion of the report –

(a) to be served on that person; and

(b) if the analysis was made on the request by or on behalf of that person and an Australian legal practitioner referred to in subsection (1), to be provided to the person specified by the Australian legal practitioner in the request; and

(c) if such a request was not made, to be provided to a prescribed police officer.

      (3) The report referred to in subsection (2) made in respect of a sample of blood shall state the concentration of alcohol in the part of the sample analysed, expressed in grams of alcohol in 100 millilitres of blood, as determined by that analysis, unless the sample was taken pursuant to an obligation arising under section 7C, 9 or 10A.

      (4) For the purposes of subsection (2) –

(a) a copy of a report required to be served on the person referred to in subsection (2)(a) must be served by sending it by post to that person at the person's residential or postal address or address of business or employment as last known to the approved analyst; and

(b) a copy of the report is taken to have been served when it is posted by post; and

(c) a copy of the report required to be provided under subsection (2) may be provided by any means or in any manner.



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