New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 28

28 When sobriety assessment and taking of samples not permitted

(cf Traffic Act, s 5AA (5))
A police officer cannot require a person to submit to a sobriety assessment or to provide a sample under this Division:

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

(b) if it appears to that officer that it would, because of the person’s injuries, be dangerous to the person’s medical condition to submit to the assessment or provide the sample, or

(c) at any time after the expiration of 4 hours from the occurrence of the event referred to in section 25 (2) (a) (i) or (ii) because of which the officer was entitled to require the person to submit to the assessment or provide the sample, or

(d) at the person’s home.