Bail Act 2000

Miscellaneous provisions

73AA: Rules about drug and alcohol testing and monitoring

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"Rules for testing and monitoring drug and alcohol use when on bail"

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The Commissioner of Police can make rules about testing people on bail for drugs or alcohol. You might have to undergo certain tests if you are on bail with a drug or alcohol condition. The rules can say how often you have to take these tests. The Commissioner can also make rules about devices that monitor drug or alcohol use. These devices can be connected to you if you are on bail with a drug or alcohol condition. The rules can say how often and for how long you have to use these devices. The rules can also say what levels of drugs or alcohol are allowed in your system. If you have more than the allowed level, it can be used as evidence that you broke your bail conditions. The Commissioner of Police is the person who makes these rules, which are a type of secondary legislation, as explained in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253694.


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73AAB: Further provisions concerning rules about drug and alcohol testing and monitoring, or

"Rules about drug and alcohol testing when you're on bail"

Part 5Miscellaneous provisions

73AARules about drug and alcohol testing and monitoring

  1. The Commissioner may make rules for all or any of the following purposes:

  2. prescribing, for the purposes of section 30T(1)(a) and (c), 1 or more types of testing procedure that defendants on bail with a drug or alcohol condition may be required to undergo:
    1. specifying how often each of the prescribed testing procedures may be carried out:
      1. prohibiting authorised persons from requiring a defendant to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
        1. prescribing, for the purposes of section 30T(1)(b), 1 or more types of drug or alcohol monitoring device that may be connected to a defendant on bail with a drug or alcohol condition:
          1. specifying restrictions as to how often, and for how long,—
            1. continuous monitoring may be carried out:
              1. a defendant may be required to contact an automated system:
              2. prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from a defendant in order for the sample to be used as evidence that the defendant has breached a drug or alcohol condition:
                1. controlled drugs:
                  1. psychoactive substances:
                    1. alcohol.
                    2. In this section and in sections 73AAB and 73AAC, Commissioner means the Commissioner of Police.

                    3. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 73AA: inserted, on , by section 11 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).
                    • Section 73AA(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 73AA(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).