29   Offences related to sobriety assessments and testing for drugs

(cf Traffic Act, s 5AC (1)–(4) and (6)–(8))

(1)  A person must not, when required by a police officer to submit to an assessment under section 25, refuse or fail to submit to the assessment in accordance with the directions of the police officer.

Maximum penalty: 10 penalty units.

(2)  A person must not:

(a)  on being required under this Division by a police officer to provide samples of blood or urine:

(i)  refuse or fail to submit to the taking of the sample of blood, or

(ii)  refuse or fail to provide the sample of urine,

      in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker, or

(b)  wilfully do anything to introduce, or alter the amount of, a drug in the person’s blood or urine between the time of the event referred to in section 25 (2) (a) (i) or (ii) in respect of which the person has been required by a police officer to submit to an assessment and the time when the person undergoes that assessment, or

(c)  wilfully do anything to introduce, or alter the amount of, a drug in the person’s blood or urine between the time of the event referred to in section 25 (2) (a) (i) or (ii) in respect of which the person has been required by a police officer to submit to an assessment and the time when the person provides a sample that the person is required to provide under this Division.

Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

(3)  It is a defence to a prosecution for an offence under subsection (1) or (2) (a) if the defendant satisfies the court that the defendant was unable on medical grounds, when the defendant was required to do so, to submit to an assessment or to provide a sample.

(4)  It is a defence to a prosecution of a person for an offence under subsection (2) (b) of wilfully doing anything to introduce, or alter the amount of, a drug in the person’s blood or urine if the person satisfies the court that the thing was done more than 4 hours after the time of the event referred to in section 25 (2) (a) (i) or (ii).

(5)  If a medical practitioner, registered nurse or prescribed sample taker is informed by a police officer in accordance with this Division that a sample is required to be taken for the purposes of this Division, the medical practitioner, registered nurse or prescribed sample taker must not:

(a)  fail to take the sample, or

(b)  fail to comply with any requirement made by section 27 (3) or (4) in relation to the sample.

Maximum penalty: 20 penalty units.

(6)  It is a defence to a prosecution for an offence under subsection (5) if the medical practitioner, registered nurse or prescribed sample taker satisfies the court that:

(a)  the practitioner, nurse or prescribed sample taker believed on reasonable grounds that the taking of the sample from the person would be prejudicial to the proper care and treatment of the person, or

(b)  the practitioner, nurse or prescribed sample taker did not believe that the person was of or above the age of 15 years and it was reasonable for the practitioner, nurse or prescribed sample taker not to have so believed, or

(c)  the practitioner, nurse or prescribed sample taker was, because of the behaviour of the person, unable to take the sample, or

(d)  there was other reasonable cause for the practitioner, nurse or prescribed sample taker not to take the sample.

(7)  A person must not hinder or obstruct a medical practitioner, registered nurse or prescribed sample taker in attempting to take a sample of the blood or urine of any other person in accordance with this Division.

Maximum penalty: 20 penalty units.