HARBORS AND NAVIGATION ACT 1993 - SECT 74

HARBORS AND NAVIGATION ACT 1993 - SECT 74

74—Compulsory blood tests of injured persons including water skiers

        (1)         If a vessel is involved in an accident and, within 8 hours after the accident, a person apparently over the age of 10 years who was injured in the accident attends at, or is admitted into, a hospital for the purpose of receiving treatment for that injury, it is the duty of the medical practitioner by whom that patient is attended to ensure that, as soon as practicable, a sample of that patient's blood (despite the fact that the patient may be unconscious) is taken in accordance with this section.

        (2)         If a vessel is involved in an accident and a person apparently over the age of 10 years who was injured in the accident is dead on arrival at the hospital, or dies before a sample of blood has been taken in accordance with this section and within 8 hours after admission to the hospital, it is the duty of the medical practitioner who, under Part 5 of the Coroners Act 2003 , notifies the State Coroner or a police officer of the death—

            (a)         to ensure that a sample of blood from the body of the deceased is taken in accordance with this section; or

            (b)         to notify the State Coroner as soon as practicable that, in view of the circumstances in which the death of the deceased occurred, a sample of blood should be taken from the body under this section.

        (3)         A sample of blood under subsection (1) or (2) may be taken by a medical practitioner or a registered nurse.

        (4)         The State Coroner, on receiving a notification under subsection (2), may authorise and direct a pathologist to take a sample of blood from the body of the deceased in accordance with this section.

        (18)         A person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who—

            (a)         fails to assign a reason based on genuine medical grounds for that refusal or failure; or

            (b)         assigns a reason for that refusal or failure that is false or misleading; or

            (c)         makes any other false or misleading statement in response to the request,

is guilty of an offence.

Penalty:

            (a)         for a first offence—a fine of not less than $1 100 and not more than $1 600;

            (b)         for a subsequent offence—a fine of not less than $1 900 and not more than $2 900.

        (19)         In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous prescribed alcohol or drug offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.