Clause 17, Schedule 3 Road Transport Act 2013
Refusing or Failing to Provide a Blood or Oral Fluid Sample

Clause 17, Schedule 3 of the Road Transport Act 2013 is Refusing or Failing to Provide a Blood or Oral Fluid Sample and reads as follows:

Refusing or Failing to Provide a Blood or Oral Fluid Sample

(cf STM Act, ss 18D (2) and (3), 18E (9), 22 (2) (a) and (3) (a), 24D (1) (a) and (2) and 29 (2) (a) and (3))

(1) A person must not, when required to do so by a police officer under this Part, refuse or fail:

(a1) to submit to the taking of a blood sample under clause 5A in accordance with the directions of the sample taker, or

(a) to submit to the taking of a blood sample under clause 9, 12 or 15 in accordance with the directions of the sample taker, or

(b) to provide an oral fluid sample under Division 3 for an oral fluid analysis in accordance with the directions of the officer, or

(c) to provide a urine sample in accordance with the directions of the sample taker.

Maximum penalty:

(a) in the case of an offence against subclause (1) (a) in relation to a requirement to provide a sample under clause 9 or of an offence against subclause (1) (b)–30 penalty units (in the case of a first offence) or 50 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence), or

(b) in any other case–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).

(2) A person (other than a secondary participant in an accident) must not, by reason of the person’s behaviour, prevent a sample taker from taking a sample of the person’s blood for the purposes of clause 11.

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) A secondary participant in an accident must not, by reason of the person’s behaviour, prevent a sample taker from taking a sample of the person’s blood for the purposes of clause 11.

Maximum penalty: 30 penalty units.

(4) It is a defence to a prosecution for an offence against subclause (1) if the defendant proves to the court’s satisfaction that the defendant was unable on medical grounds, at the time the person was required to do so, to submit to the taking of the sample or to provide the sample concerned.

(5) In this clause:

“sample taker” , in relation to a sample, means an authorised sample taker who is required to take the sample concerned under this Part.

“secondary participant” in an accident means a person involved in the accident who was:

(a) a pedestrian, or

(b) driving or riding a vehicle (other than a motor vehicle or a horse).

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