New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 18E

18E Taking blood sample following arrest

(1) Except as provided by section 18F, a police officer may require a person who has attempted to provide an oral fluid sample as directed under section 18D (1), but has been unable to comply (for example, because no oral fluid was physically able to be produced), to provide a sample of the person’s blood (whether or not the person consents to the provision of the sample) in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker.

(2) The police officer must inform any such medical practitioner, registered nurse or prescribed sample taker that the sample is required to be taken for the purposes of this section.

(3) The medical practitioner, registered nurse or prescribed sample taker by whom or under whose directions a sample of blood is taken in accordance with this section must:

(a) place the sample into a container, and

(b) fasten and seal the container, and

(c) mark or label the container for future identification, and

(d) give to the person from whom the sample is taken a certificate relating to the sample that contains sufficient information to enable the sample to be identified as a sample of that person’s blood.

(4) The medical practitioner, registered nurse or prescribed sample taker must, as soon as reasonably practicable after the sample of blood is taken, arrange for the sample to be submitted to a laboratory prescribed by the regulations for analysis by an analyst to determine whether the blood contains any prescribed illicit drugs.

(5) The person from whom the sample of blood was taken may, within 12 months after the taking of the sample, apply to the laboratory prescribed under this section for a portion of the sample to be sent, for analysis at that person’s own expense, to a medical practitioner or laboratory nominated by the person.

(6) An analyst at a laboratory prescribed by the regulations to whom any blood sample is submitted for analysis under this section may carry out an analysis of the blood to determine whether it contains any prescribed illicit drugs.

(7) Any duty of a medical practitioner, registered nurse or prescribed sample taker under this section and any relevant provisions of the regulations may be performed by a person acting under the supervision of the medical practitioner, registered nurse or prescribed sample taker. A duty performed by any such person is taken to have been performed by the medical practitioner, registered nurse or prescribed sample taker.

(8) An analysis under this section may be carried out, and anything in connection with the analysis (including the receipt of the blood sample to be analysed and the breaking of any seal) may be done, by a person acting under the supervision of an analyst and, in that event, is taken to have been carried out or done by the analyst.

(9) A person must not, on being required under this section by a police officer to provide a sample of blood, refuse or fail to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker.

Maximum penalty (subsection (9)): 30 penalty units (in the case of a first offence) or 50 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).