Clause 16, Schedule 3 of the Road Transport Act 2013 (NSW) is ‘Refusing or Failing to Submit to a Breath Test or Analysis’ and is extracted below.
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Clause 16, Schedule 3 of the Road Transport Act 2013 is Refusing or Failing to Submit to a Breath Test or Analysis and reads as follows:
Refusing or Failing to Submit to a Breath Test or Analysis
(cf STM Act, ss 13 (2) and (3),15 (4) and (5), 18B (2) and (3) and 29 (1) and (3))
(1) A person must not, when required to do so by a police officer under this Part, refuse or fail:
(a) to submit to a breath test under Division 2 in accordance with the officer’s directions, or
(b) to submit to a breath analysis under Division 2 in accordance with the officer’s directions, or
(c) to submit to an oral fluid test under Division 3 in accordance with the officer’s directions, or
(d) to submit to a sobriety assessment under Division 5 in accordance with the officer’s directions.
(2) 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 defendant was required to do so, to submit to the test, analysis or assessment concerned.
(a) in the case of a breath test, oral fluid test or sobriety assessment–10 penalty units, or
(b) in the case of a breath analysis–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).
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