Procedures for drug and alcohol testing
41D Procedures for drug and alcohol testing
The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Division.
Without limiting the generality of subsection (1), the regulations may—
prescribe procedures for drug and alcohol testing;
and
provide for the authorisation of persons to conduct drug and alcohol testing and operate equipment for that purpose; and
regulate the collection of biological samples taken from persons for the purposes of drug and alcohol testing under this Division; and
provide for the analysis of test results, including the accreditation of persons conducting the analysis; and
provide for the approval of devices used in carrying out drug and alcohol testing and analysis; and
provide for the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; and
prescribe the circumstances that amount to a defence to a breach of the Code or the regulations, including where the consumption of alcohol or drugs occurs after police work or police security work (as the case requires) has been carried out; and
prescribe evidentiary provisions to facilitate proof of contraventions of the Code or the regulations for the purposes of proceedings relating to those contraventions; and
provide for the confidentiality of test results; and
regulate the destruction of biological samples collected for testing; and
provide for the protection of persons involved in taking or conducting testing from liability for acts or omissions done in good faith and in accordance with this Division.
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