Going to Court? Book Your Free First Appointment

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 (NSW) is ‘Refusing or Failing to Provide a Blood or Oral Fluid Sample’ and is extracted below.

If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

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).

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.

Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.


Going to Court? Call For Your Free First Appointment