Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101q:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101Q (pt 2/4)
Character Range: 308723–311299

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 the person does so wish, shall:
 (a) provide reasonable facilities to enable the person to arrange for a medical practitioner of the person's choice to be so present; and
 (b) unless it would be impracticable to do so—arrange for the examination to be made or the specimen to be taken, as the case may be, at a time when the medical practitioner chosen by the person can be present.
 (7) Subsection (6) does not apply in relation to a person in custody in respect of a service offence where an investigating officer believes on reasonable grounds that, if the examination of the person or the taking of a specimen from the person, as the case requires, is delayed until a time when a medical practitioner chosen by the person can be present, evidence of, or relating to, the service offence may be lost or destroyed or may otherwise disappear.
 (8) An investigating officer may use such reasonable force as is necessary to take a person to a medical practitioner for the purpose of an examination of the person in accordance with subsection (1) or the taking of a specimen from the person in accordance with subsection (2), as the case requires.
 (9) Where, in accordance with this section, a medical practitioner examines a person in lawful custody in respect of a service offence or takes a specimen from such a person and:
 (a) no proceedings in respect of the service offence, or a related service offence, are instituted against the person:
 (i) within a period of 12 months after the examination is made or the specimen is taken, as the case may be; or
 (ii) if that period is extended under subsection (10)—within that period as from time to time so extended; or
 (b) proceedings in respect of the service offence, or a related service offence, are instituted within that period, but a service tribunal acquits the person of a charge of the service offence, or a related service offence, or dismisses such a charge;
the person having the custody of the report of the examination or the report of the analysis or other examination of the specimen, as the case may be, and any investigating officer having the custody of a copy of such a report, shall cause it to be destroyed.
 (10) An authorized officer may, upon application by a person having the custody of the report of an examination by a medical practitioner of a person in