23   Analysis of samples of blood taken under this Division

(cf Traffic Act, s 4G (1)–(6))

(1)  The medical practitioner or nurse by whom a sample of a person’s blood is taken in accordance with this Division must:

(a)  place the sample into a container, and

(b)  fasten and seal the container, and

(c)  mark or label the container for future identification, and

(d)  give to the person from whom the sample is taken a certificate relating to the sample that contains sufficient information to enable the sample to be identified as a sample of that person’s blood.

Maximum penalty: 20 penalty units.

(2)  The medical practitioner or nurse must, as soon as reasonably practicable after the sample is taken, arrange for the sample to be submitted to a laboratory prescribed by the regulations for analysis by an analyst to determine the concentration of alcohol in the blood.

Maximum penalty: 20 penalty units.

(3)  The person from whom the sample was taken may, within 12 months after the taking of the sample, apply to the laboratory prescribed under this section for a portion of the sample to be sent, for analysis at that person’s own expense, to a medical practitioner or laboratory nominated by the person.

(4)  A medical practitioner who, in another State or Territory, takes a sample of blood:

(a)  from a person attended by the medical practitioner in consequence of an accident in New South Wales, and

(b)  in accordance with provisions of a law of that State or Territory that substantially correspond to the provisions of section 20,

      may arrange for a portion of the sample to be submitted for an analysis by an analyst to determine the concentration of alcohol in the blood.

(5)  A police officer may arrange for a sample of a person’s blood taken in accordance with this Division to be submitted to a laboratory prescribed by the regulations for analysis to determine the concentration of alcohol, or of alcohol and other drugs, in the blood.

(5A)  The making of arrangements under subsection (5) for analysis of a blood sample to determine the concentration of alcohol in the blood operates to discharge the duty referred to in subsection (2) to make those arrangements.

(6)  A police officer may not make arrangements under subsection (5) for analysis of a blood sample to determine the concentration in the blood of a drug other than alcohol unless:

(a)  the following circumstances apply:

(i)  the accident that caused the person to attend at or be admitted to hospital was a fatal accident, and

(ii)  the person from whom the sample was taken was a person referred to in section 20 (5) (a), (b) or (f), or

(b)  the following circumstances apply:

(i)  the police officer has reasonable grounds to believe that, at the time of the accident concerned, the person from whom the sample was taken was under the influence of a drug other than alcohol, and

(ii)  no police officer attended the scene of the accident that led to the taking of the sample or, although a police officer or police officers attended the scene of the accident, there was no reasonable opportunity to require the person from whom the sample was taken to submit, in accordance with Division 5, to an assessment of his or her sobriety.

(7)  An analyst to whom a sample of blood, or a portion of a sample of blood (under subsection (4)), is submitted for analysis under this section may carry out an analysis of the sample, or of a portion of the sample, to determine the concentration of alcohol (and, where required, of other drugs) in the blood.

(8)  An analysis referred to in subsection (7) may be carried out, and any act, matter or thing in connection with the analysis (including the receipt of the sample of blood, or the portion of the sample of blood, to be analysed and the breaking of any seal securing the sample or portion) may be done, by a person acting under the supervision of an analyst, and in that event is taken to have been carried out or done by the analyst.