New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 17

17 When breath test or breath analysis not permitted

(cf Traffic Act, s 4E (5))
A police officer cannot require a person to undergo a breath test or to submit to a breath analysis:

(a) if that person has been admitted to hospital for medical treatment, unless the medical practitioner in immediate charge of his or her treatment has been notified of the intention to make the requisition and the medical practitioner does not object on the grounds that compliance with it would be prejudicial to the proper care or treatment of that person, or

(b) if it appears to the officer that it would, by reason of injuries sustained by that person, be dangerous to that person’s medical condition to undergo a breath test or submit to a breath analysis, or

(c) at any time after the expiration of 2 hours from the occurrence of the event by reason of which the officer was entitled under section 13 (1) to require that person to undergo a breath test, or

(d) at that person’s home.