Page 3028 - Week 07 - Wednesday, 30 June 2010

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Schedule 2

Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Bill 2009

Amendments moved by Mr Hanson

1

Clause 7

Proposed new section 11 (4), definition of prescribed illicit drug, new paragraph (ba)

Page 6, line 17—

insert

(ba) N,α-Dimethyl-3,4-(Methylenedioxy)phenylethylamine (MDMA); or

2

Clause 7

Proposed new section 12 (1A)

Page 6, line 25—

insert

(1A)  The police officer taking a sample of a person’s oral fluid under this section must ensure that—

(a) part of the sample is stored and sealed in a container; and

(b) a label is attached to the container that—

(i) is signed by the police officer who took the sample; and

(ii) states the name of the person from whom the sample was taken; and

(iii) states the time and place when the sample was taken.

3

Proposed new clause 7A

Page 7, line 23—

insert

7A  New section 12AA 

after section 12, insert

12AA  Analysis of oral fluid at approved laboratory 

(1) This section applies if the result of an oral fluid analysis under section 12 (3) shows that a prescribed drug is present in the sample.

(2) The approved operator must ensure that the sample in the container mentioned in section 12 (1A) is taken to an approved laboratory for confirmation of the result.

(3) An analysis of the sample in the container must be carried out by an approved analyst to confirm whether a prescribed drug is present in the sample.

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