INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 174 Taking a sample when an IBAC Officer is unconscious or otherwise unable to comply with direction

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 174

    (1)     If an IBAC Officer is unconscious or otherwise unable to comply with a direction and the IBAC reasonably believes that the IBAC Officer was involved in a critical incident, the IBAC may direct a registered medical practitioner to take from the IBAC Officer a sample of blood to test for the presence of alcohol or a drug of dependence.

    (2)     If a sample of blood is taken under subsection (1), the IBAC must, upon the IBAC Officer regaining consciousness or otherwise becoming able to comply with a direction, advise the IBAC Officer—

        (a)     of the taking of the sample; and

        (b)     that he or she may refuse to consent to the use of any evidence derived from the sample; and

        (c)     that a refusal to consent to the use of the evidence may constitute grounds for a disciplinary process or action against the IBAC Officer.

    (3)     A direction under subsection (1) must be—

        (a)     in writing; and

        (b)     made in accordance with the regulations.

    (4)     The IBAC must destroy any evidence derived from a sample of blood taken under subsection (1) if the IBAC Officer refuses to consent to the use of that evidence in the circumstances set out in subsection (2).

    (5)     The IBAC must destroy any sample of blood taken under subsection (1) in respect of which consent is refused.

    (6)     Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986 .

S. 175 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)), amended by No. 28/2012 s. 27.