Victorian Current Acts

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Offence to tamper with a sample

    (1)     A person must not, without reasonable excuse, do any of the following to a sample obtained in accordance with a testing direction made under this Part—

        (a)     interfere or tamper, or attempt to interfere or tamper, with that sample; or

        (b)     substitute, or attempt to substitute, another sample for that sample; or

        (c)     pass off, or attempt to pass off, another sample for that sample.

Penalty:     In the case of an individual, 60 penalty units or imprisonment for 6 months or both;

In the case of a body corporate, 300 penalty units.


See section 72 of the Criminal Procedure Act 2009 , which deals with the evidential burden of proof.

    (2)     Without limiting the operation of subsection (1), interfering or tampering with a sample includes—

        (a)     improperly processing a sample for the purpose of falsifying test results; or

        (b)     diluting or adulterating a sample.

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