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s 23J

Security agent authorised to control crowds may be required to undertake drug testing

In force
Part 3ARegulation of security agents and security industry trainers
Division 2Alcohol and drug testing of agents authorised to control crowds

23J Security agent authorised to control crowds may be required to undertake drug testing

(1)

A police officer or an authorised officer may, by notice in writing, direct a licensee to attend at a specified time and place for the purpose of undertaking a drug testing procedure to determine the level of any prescribed drug in any form in the blood or urine of the agent.

(2)

A notice under subsection (1) must specify what sample or samples are to be taken.

(2a)

In the case of a drug testing procedure that involves the collection of a sample of urine, a police officer or an authorised officer may agree with the licensee on a different time or place to that specified in the notice under subsection (1).

(3)

A police officer or authorised officer may give directions reasonably required for purposes connected with the administration or enforcement of this section.

(4)

If a sample of blood or urine given by a licensee under this section is found on analysis to be a non-complying sample (within the meaning of the regulations), the Commissioner or the Commissioner of Police may—

(a)

determine the costs and expenses of carrying out the analysis;

and

(b)

recover the amount so determined from the licensee as a debt in a court of competent jurisdiction.

(5)

Regulations may be made under this section—

(a)

regulating the manner of taking and dealing with samples of blood and urine and their analysis; and

(b)

providing for certificate evidence for use in any proceedings as to the taking and analysis of any urine or blood sample and the authority of a person to carry out an analysis; and

(c)

requiring a licensee to produce the prescribed form of identification at the time a sample of blood or urine is taken, and providing that a failure to do so is taken to be a failure to comply with a direction under this section.

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