Procedures for the taking of oral fluid samples(cf STM Act, s 18D(4)–(4B); STM Reg, cl 130A(1))
26 Procedures for the taking of oral fluid samples(cf STM Act, s 18D(4)–(4B); STM Reg, cl 130A(1))
A police officer who is provided with an oral fluid sample under clause 8(1) must—
place the sample into a container, and
fasten and seal the container, and
mark or label the container for future identification, and
give to the person from whom the sample is taken a certificate relating to the sample that contains sufficient information to enable the sample to be identified as a sample of that person’s oral fluid.
The oral fluid sample must be placed in a security box (whether by the police officer or a person acting under the direction of the officer) as soon as is reasonably practicable after the procedures in subclause (1) have been completed.
The oral fluid sample must be kept in the security box until it is submitted to a prescribed laboratory for analysis.
The police officer must make arrangements for the oral fluid sample to be submitted to a prescribed laboratory for an oral fluid analysis.
A police officer may carry out an oral fluid test on a portion of an oral fluid sample provided under clause 8(1) before dealing with the remaining portion of the sample in accordance with subclause (1).
If an oral fluid test is carried out under subclause (5) on a portion of an oral fluid sample, a reference in this clause and clauses 32 and 36 to the sample that is required under subclause (4) to be submitted to a laboratory is taken to be a reference to the remaining portion of the sample.
This Act’s bill:Explanatory memorandumSecond reading speech
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