ACT No. XLVII of 2016 AN ACT to amend the Probation Act, Cap. 446.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

12th August, 2016

ACT No. XLVII of 2016

AN ACT to amend the Probation Act, Cap. 446.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Probation

(Amendment) Act, 2016, and this Act shall be read and construed as

one with the Probation Act, hereinafter in this Act referred to as "the

principal Act".

(2) This Act shall come into force on such a date as the

Minister responsible for the Department of Probation and Parole may

by notice in the Gazette establish, and different dates may be so

established for different provisions or different purposes of this Act.

Immediately after article 3 of the principal Act there shall

be added the following new article

" Laboratory

(1)The Director or his representative

analysis

may order a probationer or a parolee to provide a

regarding tests

sample for the purpose of ascertaining by means

for drugs or

alcohol.

of laboratory analysis or by a device approved

by the Minister whether he has any drugs or

alcohol in his body.

(2) In this article "drugs" means any

dangerous drug as defined in article 12 of the

Dangerous Drugs Ordinance, or any specified or

restricted drug under the Medical and Kindred

Professions Ordinance.

(3) When requiring a probationer or

parolee to provide a sample, the Director or his

representative shall, as far as is reasonably

practicable, inform the probationer or parolee

(a)

that he is being required to

provide a sample for the purpose of this

Act; and

(b) that a refusal to provide a

sample may lead to a breach of parole

licence or a breach of any community

based sanction.

(4) The sample shall be a fresh sample,

free from adulteration.

(5) When requiring a sample from a

probationer or a parolee, the Director or his

representative shall make such arrangements and

give the probationer or parolee such instructions

for its provision as may be reasonably necessary

in order to prevent or detect its adulteration or

falsification.

(6) For the purpose of this article

"parolee" has the same meaning assigned to it by

article 2 of the Restorative Justice Act.".

Passed by the House of Representatives at Sitting No. 422 of the

25th July, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.36