Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If—
(a) a police officer does not, because of section 14 (3) (a) or (b) require a person to undergo a screening test or to provide a sample of his or her breath for breath analysis; or
(b) because the breath analysis instrument available is not in working order or an approved breath analysis instrument is not available, it is not practicable to carry out the breath analysis;
the police officer may require the person to permit a sample of his or her blood to be taken by a doctor or a nurse for analysis and, if the person is not in hospital, may take the person into custody and take the person, or place the person in the custody of another police officer who shall take the person, as soon as practicable to a hospital for that purpose.
(2) A requirement shall not be made under subsection (1) after the end of whichever of the periods specified in section 14 (1) or (2) applies in relation to the person.
(3) A reference in this section to the taking of a blood sample is a reference to the taking of a blood sample under a requirement under subsection (1).
(4) A sample of a person's blood shall be taken as soon as practicable after the arrival of the person at hospital and shall not be taken more than 2 hours after the arrival of the person at hospital.
(5) A doctor or nurse shall not refuse to take a sample of a person's blood for analysis—
(a) if permitted to do so by the person under subsection (1); or
(b) if the doctor or nurse is of the opinion that the person is, because of his or her medical condition, incapable of giving or refusing permission to the taking of such a sample—if requested to do so by a police officer under this section.
Maximum penalty: 10 penalty units.
(6) A police officer shall not make a request under subsection (5) after the end of whichever of the periods specified in section 14 (1) or (2) applies in relation to the person.
(7) The doctor or nurse taking a sample of a person's blood under this section shall—
(a) take a sample of that person's blood in the presence of a police officer; and
(b) place approximately equal quantities of the sample blood into 2 containers and, on a label attached to each container, sign his or her name and write the name of the person from whom the sample was taken and the date and time when the sample was taken; and
(c) ensure that each container is sealed.
(8) The doctor or nurse shall—
(a) if he or she is of the opinion that the person was, at the time the blood sample was taken, incapable of giving or refusing his or her permission to take a sample of his or her blood—put both sealed containers in a one-way box; and
(b) in any other case—give 1 sealed container to the person and put the other sealed container in a one-way box.
(9) The police officer shall arrange for the container or containers to be collected from the one-way box by an approved analyst as soon as practicable.