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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 or driver trainer 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)     The person (the sample taker ) taking a sample of blood from a patient must—

        (a)     place the sample into a container; and

        (b)     attach a label to the container that includes the following information:

              (i)     the sample taker's name;

              (ii)     the patient's name;

              (iii)     the date and time the sample was taken; and

        (c)     ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and

        (d)     put the sealed container into a one-way box.

    (3)     The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.



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