The Act Commentary on Sections Part 3: Assessment of Misuse of Drugs Section 16: Samples submitted for further analysis
38.This section in subsection (1) provides that a person will no longer be required to attend an initial or follow-up assessment if, before he attends that assessment, a further analysis of the sample taken reveals that it was negative. Subsections (4) and (5) provide that where a person has failed to attend or to attend for the duration of an assessment and the requirement subsequently ceases to have effect by virtue of subsection (1), no proceedings will be brought in respect of that failure and any ongoing proceedings in respect of that failure will be discontinued.