New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 22

22 Offence-hindering or obstructing health professional taking blood sample

(cf Traffic Act, s 4F (6)-(7B))

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

Maximum penalty: 20 penalty units.

(2) A person (other than a secondary participant) must not:

(a) by reason of the person’s behaviour, prevent a medical practitioner or nurse from taking a sample of the person’s blood in accordance with this Division, or

(b) between the time of the accident concerned and the taking of a sample of the person’s blood in accordance with this Division, wilfully do anything to alter the concentration of alcohol in the person’s blood (except at the direction or under the supervision of an appropriate health professional).

Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

(3) A secondary participant must not:

(a) by reason of the person’s behaviour, prevent a medical practitioner or nurse from taking a sample of the person’s blood in accordance with this Division, or

(b) between the time of the accident concerned and the taking of a sample of the person’s blood in accordance with this Division, wilfully do anything to alter the concentration of alcohol in the person’s blood (except at the direction or under the supervision of an appropriate health professional).

Maximum penalty: 30 penalty units.

(4) It is a defence to a prosecution of a person for an offence under subsection (2) or (3) of wilfully doing anything to alter the concentration of alcohol in the person’s blood if he or she satisfies the court that he or she did the thing after the expiration of 2 hours after the accident concerned occurred.

(5) In this section:
"appropriate health professional" means a medical practitioner or nurse, or a person of a class or description prescribed by the regulations, for the proper care and treatment of the person.
"secondary participant" in relation to an accident, means a person involved in the accident who was:

(a) a pedestrian, or

(b) driving or riding a vehicle (other than a motor vehicle or a horse).