Offences—destroying or tampering or interfering with samples(cf STM Reg, cll 130(2) and (3) and 130A(2))
28 Offences—destroying or tampering or interfering with samples(cf STM Reg, cll 130(2) and (3) and 130A(2))
A person must not destroy or otherwise interfere or tamper with a sample, or a portion of a sample, of a person’s blood or urine taken under Part 2 except as follows—
after the expiration of 13 months (in the case of a sample taken under clause 12) or 12 months (in any other case) commencing on the day the sample was taken,
Note.
Clause 27(3) provides that a blood or urine sample that has been provided under clause 12 must be destroyed by or at the direction of the analyst who has custody of the sample without being analysed if, at the expiry of 13 months after the accident concerned, no police officer has made a notification relating to a death.
in the case of a sample—by or at the direction of an analyst—
so as to permit a portion of the sample to be sent for analysis by a medical practitioner or laboratory nominated, under clause 22, in an application made under that clause by the person from whom the sample was taken, or
in the course of, or on completion of, an analysis of the sample,
in the case of a portion of a sample—by or at the direction of the medical practitioner or laboratory nominated under clause 22 by the person from whom the sample was taken.
Maximum penalty—20 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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