Giving of disease test approval
10 Giving of disease test approval
On an application, a senior police officer may give a disease test approval if satisfied —
there are reasonable grounds for disease testing; and
the suspected transferor is not a protected person.
The disease test approval must be in an approved form and must include a statement of all of the following —
the full name and address of the suspected transferor;
that a police officer may apprehend the suspected transferor and detain him or her for as long as is reasonably necessary to enable the taking of a sample from the suspected transferor;
that, for the purposes of paragraph (b), a police officer may enter any place where the police officer suspects on reasonable grounds the suspected transferor might be located;
that a police officer may take the suspected transferor to a place the police officer considers has appropriate facilities for taking the sample;
that a doctor, nurse or qualified person may take a sample from the suspected transferor.
The disease test approval may be given subject to any reasonable conditions that the senior police officer considers appropriate and specifies in the approval.
The disease test approval may be given by remote communication.
The senior police officer must, as soon as practicable after granting an approval orally by remote communication, make a record in writing of the particulars referred to in subsection (2) relating to the approval.
[Section 10 amended: No. 21 of 2020 s. 7.]
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.