Offence—use of samples for non-drug testing purposes
31 Offence—use of samples for non-drug testing purposes
A person must not intentionally or recklessly—
supply a drug testing sample (or cause or permit a drug testing sample to be supplied) to a person for analysis for a non-drug testing purpose, or
carry out an analysis (or cause or permit an analysis to be carried out) of a drug testing sample for a non-drug testing purpose, or
include information on a DNA database (or cause information to be included on a DNA database) if that information has been derived from an analysis of a drug testing sample for a non-drug testing purpose.
Maximum penalty—30 penalty units.
Note.
For example, deriving a DNA profile from the sample is a non-drug testing purpose.
In this clause—
DNA database means any database containing DNA data that is kept under a law of New South Wales or any other jurisdiction, and includes any DNA database system within the meaning of the Crimes (Forensic Procedures) Act 2000.
drug testing sample means a sample of oral fluid or blood taken from, or furnished or provided by, a person under Division 3 of Part 2.
non-drug testing purpose, in relation to the analysis of a drug testing sample, means a purpose other than determining whether any prescribed illicit drugs are present in the sample.
This Act’s bill:Explanatory memorandumSecond reading speech
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