Part 5Miscellaneous provisions
73AARules about drug and alcohol testing and monitoring
The Commissioner may
make rules for all or any of the following purposes:- 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:
- specifying how often each of the prescribed testing procedures may be carried out:
- 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:
- 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:
- specifying restrictions as to how often, and for how long,—
- continuous monitoring may be carried out:
- a defendant may be required to contact an automated system:
- continuous monitoring may be carried out:
- 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:
- controlled drugs:
- psychoactive substances:
- alcohol.
- controlled drugs:
In this section and in sections 73AAB and 73AAC, Commissioner means the Commissioner of Police.
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).


