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Bail Act 2000

Miscellaneous provisions

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

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

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You must follow rules about drug and alcohol testing. These rules can say how you will be tested. The rules can include things like breath screening or collecting a bodily sample. You can be supervised by someone of the same sex when giving a bodily sample. You might be able to pay for your own test if you want. The rules must make sure you are not tested too much or in a way that is too intrusive. The Commissioner makes these rules and they must be fair. They must also make sure you have as much privacy and dignity as possible. There are some exceptions to these rules, but they are in place to help keep you safe and make sure you follow the conditions of your bail.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253696.

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Part 5Miscellaneous provisions

73AABFurther provisions concerning rules about drug and alcohol testing and monitoring

  1. Rules made under section 73AA(1)(a) may, without limitation, prescribe testing procedures that do all or any of the following:

  2. include, as part of the procedure, either or both of the following:
    1. breath screening:
      1. the collection and analysis of a bodily sample:
      2. require a defendant to be supervised by a person of the same sex as the defendant during the collection of a bodily sample required for testing:
        1. provide for a defendant to elect, if the defendant meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.

          1. The Commissioner may make rules under section 73AA(1) only if satisfied that the rules—

          2. prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
            1. allow for defendants to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
              1. ensure that defendants liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.

                1. Subsection (1)(b) overrides subsection (2)(c).

                Notes
                • Section 73AAB: inserted, on , by section 11 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).