New South Wales Consolidated Acts

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

18G Offences related to testing and sampling for drugs

(1) A person must not:

(a) wilfully do anything to introduce, or alter the amount of, any prescribed illicit drug in the person’s oral fluid between the time of the event referred to in section 18B (1) (a), (b) or (c) in respect of which the person has been required by a police officer to undergo an oral fluid test and the time when the person undergoes that test, or

(b) wilfully do anything to introduce, or alter the amount of, any prescribed illicit drug in the person’s oral fluid or blood between the time of the event referred to in section 18B (1) (a), (b) or (c) in respect of which the person has been required by a police officer to undergo an oral fluid test and the time when the person provides a sample of the person’s oral fluid or blood.

Maximum penalty: 30 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).

(2) It is a defence to a prosecution of a person for an offence under subsection (1) of wilfully doing anything to introduce, or alter the amount of, a prescribed illicit drug in the person’s oral fluid if the person satisfies the court that the thing was done more than 2 hours after the time of the event referred to in section 18B (1) (a), (b) or (c).

(3) It is a defence to a prosecution of a person for an offence under subsection (1) of wilfully doing anything to introduce, or alter the amount of, a prescribed illicit drug in the person’s blood if the person satisfies the court that the thing was done more than 4 hours after the time of the event referred to in section 18B (1) (a), (b) or (c).

(4) If a medical practitioner, registered nurse or prescribed sample taker is informed by a police officer in accordance with this Division that a blood sample is required to be taken for the purposes of this Division, the medical practitioner, registered nurse or prescribed sample taker must not:

(a) fail to take the sample, or

(b) fail to comply with any requirement made by section 18E (3) or (4) in relation to the sample.

Maximum penalty: 20 penalty units.

(5) It is a defence to a prosecution for an offence under subsection (4) if the medical practitioner, registered nurse or prescribed sample taker satisfies the court that:

(a) the practitioner, nurse or prescribed sample taker believed on reasonable grounds that the taking of the sample from the person would be prejudicial to the proper care and treatment of the person, or

(b) the practitioner, nurse or prescribed sample taker believed on reasonable grounds that the person was less than 15 years of age, or

(c) the practitioner, nurse or prescribed sample taker was, because of the behaviour of the person, unable to take the sample, or

(d) there was other reasonable cause for the practitioner, nurse or prescribed sample taker not to take the sample.

(6) A person must not hinder or obstruct a police officer in attempting to administer an oral fluid test on, or take a sample of oral fluid from, any other person in accordance with this Division.

Maximum penalty: 20 penalty units.

(7) A person must not hinder or obstruct a medical practitioner, registered nurse or prescribed sample taker in attempting to take a sample of the blood of any other person in accordance with this Division.

Maximum penalty: 20 penalty units.