Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101q:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101Q (pt 1/4)
Character Range: 306221–308962

101Q  Medical examinations
 (1) An investigating officer may arrange for a medical practitioner to examine a person in lawful custody in respect of a service offence for the purpose of securing evidence of, or relating to, the service offence if, and only if, the investigating officer believes on reasonable grounds that the examination is likely to provide such evidence and:
 (a) the person has given his or her consent in writing; or
 (b) an authorized officer has, under subsection (4), approved the examination.
 (2) An investigating officer may arrange for a medical practitioner to take a specimen from a person in lawful custody in respect of a service offence for the purpose of having the specimen analysed or otherwise examined if, and only if, the investigating officer believes on reasonable grounds that analysis or other examination of the specimen is likely to provide evidence of, or relating to, the service offence and:
 (a) the person has given his or her consent in writing; or
 (b) an authorized officer has, under subsection (4), approved the taking of the specimen.
 (3) An investigating officer may:
 (a) make application to an authorized officer in person; or
 (b) if it is impracticable for the investigating officer to make application to an authorized officer in person—make application to an authorized officer by telephone;
  for an approval for the purpose of subsection (1) or (2).
 (4) The authorized officer may, if he or she is satisfied that the investigating officer has reasonable grounds for the belief referred to in subsection (1) or (2), whichever is applicable, give his or her approval by instrument in writing.
 (4A) The authority conferred by subsection (4) on an authorised officer only extends to the giving of approval in respect of a medical examination of a kind, or the taking of a specimen, that is reasonably necessary for the purpose of obtaining evidence relating to the presence or absence of a prohibited drug in the blood or urine of a person.
 (4C) In considering whether to give approval under subsection (4), an authorised officer may take into account the physical health of the person to whom the application for approval relates.
 (5) Where the application was made to the authorized officer by telephone, the authorized officer shall cause the instrument of approval to be forwarded to the investigating officer.
 (6) Before arranging for a medical practitioner to examine a person in lawful custody or to take a specimen from such a person, an investigating officer shall inquire whether the person wishes to have a medical practitioner of the person's choice present during the examination or the taking of the specimen, as the case may be, and, if the person states that