Youth Justice Act 2005

A community youth justice officer may direct a youth who is subject to a monitoring order to submit to:

a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, alcohol in the youth's body if the youth is prohibited under the order from consuming alcohol; or

a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, a restricted drug in the youth's body if the youth is prohibited under the order from using a restricted drug.

If a youth is required under this Division to submit to a prescribed alcohol/drug test, the youth must:

give to a prescribed sampler, or allow a prescribed sampler to take, (as the case requires) a sample of breath or a bodily substance that is sufficient for the purposes of the test; and

comply with any reasonable direction of the sampler.

If a youth does not submit to a test as required under subsection (2):

the prescribed sampler may take the required sample without the youth's consent; and

a police officer may assist to enable the test to be conducted, including by doing either or both of the following:

taking the youth to a place where the required sample can be taken;

assisting a prescribed sampler to obtain the required sample.

In providing the assistance, the police officer may use the force that is reasonably necessary.

A sample of breath or a bodily substance given or taken for a prescribed alcohol/drug test is the property of the Territory.

Regulations may prescribe one or more of the following:

alcohol/drug tests for use under this Division;

persons who are prescribed samplers for a prescribed alcohol/drug test;

matters in relation to the carrying out of a prescribed alcohol/drug test.

In this section: