Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 15AA

Taking blood samples from people in hospital

    (1)     A person commits an offence if—

        (a)     the person is a doctor or nurse; and

        (b)     the person attends to a person (the patient ) in hospital; and

        (c)     the person believes, on reasonable grounds, that—

              (i)     the patient was a driver involved in an accident; and

              (ii)     the accident happened not longer than 6 hours before the patient arrived at the hospital; and

        (d)     the person does not take a sample of the patient's blood for analysis within 2 hours after the time the patient arrives at the hospital.

Maximum penalty: 10 penalty units.

Note     Section 17 contains defences to a prosecution for a breach of this section.

    (2)     A person taking a sample of blood under this section shall—

        (a)     place approximately equal quantities of the sample into 2 containers; and

        (b)     mark or label each container for future identification; and

        (c)     ensure that each container is sealed.

    (3)     A person who has taken a sample of blood under this section shall—

        (a)     if satisfied that the person from whom the sample has been taken is incapable of understanding the procedures that have been applied to him or her—put both sealed containers in a one-way box; or

        (b)     in any other case—give 1 sealed container to the person and put the other sealed container in a one-way box.

    (4)     A 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.



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