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This is a Bill, not an Act. For current law, see the Acts databases.


SUMMARY OFFENCES (DRUG TESTING ON ARREST) AMENDMENT BILL 2007

South Australia

Summary Offences (Drug Testing on Arrest) Amendment Bill 2007

A BILL FOR

An Act to amend the Summary Offences Act 1953.


Contents

Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions

Part 2—Amendment of Summary Offences Act 1953
4 Amendment of section 81—Power to search, examine, drug test and take particulars of persons


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Summary Offences (Drug Testing on Arrest) Amendment Act 2007.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Summary Offences Act 1953

4—Amendment of section 81—Power to search, examine, drug test and take particulars of persons

(1) Section 81—after subsection (3g) insert:

(3h) A police officer must, as soon as practicable after a person is taken into lawful custody, cause a drug testing procedure to be carried out on the person.

(3i) The drug testing procedure must be carried out—

(a) by a person qualified in accordance with the regulations; and

(b) in accordance with procedures prescribed by regulation.

(3j) A person who refuses or fails to comply with the reasonable directions of a person who seeks to carry out a drug testing procedure in accordance with this section is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

(3k) Regulations may be made under this section—

(a) regulating the manner of taking and dealing with biological samples obtained in the course of a drug testing procedure and their analysis; and

(b) providing for certificate evidence for use in any proceedings as to the taking and analysis of any biological samples and the authority of a person to carry out an analysis.

(2) Section 81(6)—before the definition of intimate intrusive search insert:

biological sample means a sample of blood, urine, oral fluid or hair;

drug testing procedure means a procedure, of a kind prescribed by regulation, consisting of the taking of a biological sample from a person for analysis for the purpose of ascertaining the presence of a prescribed drug in the body of the person from whom the sample was taken;

(3) Section 81(6)—after the definition of medical practitioner insert:

oral fluid includes saliva;

prescribed drug means—

(a) delta-9-tetrahydrocannabinol; or

(b) methylamphetamine; or

(c) 3, 4-methylenedioxymethamphetamine (MDMA); or

(d) heroin (diacetylmorphine); or

(e) any other substance declared by the regulations to be a prescribed drug;

 


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