Application for disease test approval
147FB Application for disease test approval
An affected member may apply to a senior member for a disease test approval in relation to a transferor if:
there are grounds for disease testing; and
the transferor is not a protected person; and
the senior member is not involved in the investigation of any suspected offence to which the proposed disease test approval relates.
The application must:
if practicable be in writing; and
state the full name of, and other relevant details in relation to, the applicant; and
state the full name and address of the transferor, if known; and
state the grounds for suspecting that there has been a transfer of a substance from the transferor to the affected member; and
include any other information that is prescribed by regulation for this subsection.
If it is not practicable to make the application in writing, the applicant must, as soon as practicable after the application is made, make a written record of it, including all the information required under subsection (2).
If the transferor is being detained under section 147FC, the application must be made:
as soon as practicable after the transferor's apprehension; and
in a manner that ensures the determination of the application as soon as practicable after that apprehension.
In this section:
grounds for disease testing, in relation to a transferor, means grounds for suspecting that there has been a transfer of a substance from the transferor to a member as a result of:
an assault by the transferor against the member; or
the lawful apprehension or detention of the transferor by the member; or
another circumstance prescribed by regulation and involving the transferor and the member.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Second reading speech
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