LEGISLATIVE ASSEMBLY MEMBERS (RANDOM DRUG TESTING) BILL 2003

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This is a Bill, not an Act. For current law, see the Acts databases.

LEGISLATIVE ASSEMBLY MEMBERS (RANDOM DRUG TESTING) BILL 2003

Legislative Assembly Members (Random Drug Testing) Bill 2003
Mr Dunham

A BILL
for
AN ACT

to provide for the random drug testing of members of the Legislative Assembly and for related purposes

NORTHERN TERRITORY OF AUSTRALIA

LEGISLATIVE ASSEMBLY MEMBERS (RANDOM DRUG TESTING) ACT 2003

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No. of 2003
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TABLE OF PROVISIONS

Section

1. Short title
2. Commencement
3. Definitions
4. Purpose
5. MLAs to undergo random drug tests
6. Results of drug tests
7. Regulations

NORTHERN TERRITORY OF AUSTRALIA
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No. of 2003
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AN ACT

to provide for the random drug testing of members of the Legislative Assembly and for related purposes

[Assented to 2003]
[Second reading 2003]

The Legislative Assembly of the Northern Territory enacts as follows:

1. Short title
This Act may be cited as the Legislative Assembly Members (Random Drug Testing) Act 2003.

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. Definitions
In this Act, unless the contrary intention appears –

"Clerk" means the Clerk of the Legislative Assembly;

"dangerous drug" has the same meaning as in the Misuse of Drugs Act;

"drug test" means a test (which may include the taking of a blood or urine sample) conducted in accordance with the Regulations to determine the presence of a dangerous drug in a person's body;

"MLA" means a member of the Legislative Assembly;

"Privileges Committee" means the Committee of Privileges of the Legislative Assembly.

4. Purpose
The purpose of this Act is to implement a policy of zero tolerance in respect of unlawful drug use by MLAs.

5. MLAs to undergo random drug tests
(1) The Clerk must, at least once in any 12-month period, request each MLA to undergo a drug test.

(2) The Clerk may, at any other time, request an MLA to undergo a drug test.

(3) If the MLA does not comply with the Clerk's request, the Clerk must refer the non-compliance to the Privileges Committee.

(4) The Privileges Committee must investigate the reasons for the

non-compliance and report its findings to the Legislative Assembly.

(5) The report may include recommendations about the action to be taken as a consequence of those findings.

6. Results of drug tests
(1) A person who conducts a drug test requested under section 5 must, as soon as practicable after conducting the test, inform the Clerk and the MLA who was tested of the test results and provide each of them with a copy of the results.

(2) If the test results indicate the presence of a dangerous drug, the Clerk must refer the results to the Privileges Committee.

(3) The Privileges Committee must investigate the reasons for the presence of the drug and report its findings to the Legislative Assembly.

(4) The report may include recommendations about the action to be taken as a consequence of those findings.

7. Regulations
The Administrator may make regulations, not inconsistent with this Act, prescribing matters –

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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