Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Any person who, without reasonable excuse, fails or refuses –
is guilty of an offence.(a) to comply with a requirement made to him by a police officer under section 7A(1), 7C or 8(6);
(b) to comply with a direction made to him by a police officer under section 7A(1), 7B, 8(5), or 9(1); or
(c) to comply with section 7A(3) or 8(7) –
(1A) Any person who, without reasonable excuse, fails or refuses to comply with a requirement made to him by a police officer under section 10(1) or section 10A(1) or (1A) is guilty of an offence.
(1B) Any person who, having been taken into custody under section 10(2), escapes or attempts to escape from that custody is guilty of an offence.
(1C) Any person who, having been taken into custody under section 10(2), obstructs or hinders his conveyance to a place referred to in that subsection is guilty of an offence.
(2) Any person who, having been directed under section 10(4) to submit to a breath analysis, fails or refuses, without reasonable excuse, to submit to a breath analysis in accordance with the directions of an approved operator is guilty of an offence.
(2AA) For the purposes of subsection (2), the fact that a person has a medical or physical condition is not a reasonable excuse for failing or refusing to submit to a breath analysis unless –
(a) that medical or physical condition is, or that person has a further medical or physical condition that is, a reasonable excuse for not having a sample of blood taken; or
(b) that person elected instead to the taking of a sample of blood for analysis and made himself or herself available so as to facilitate the taking of the sample within 3 hours after the relevant time but the sample was not taken within that 3 hour period.
(2A) It is a defence in any proceedings for an offence under subsection (2) for the defendant to show –
(a) that he elected to submit to the taking of a sample of his blood for analysis instead of a breath analysis; and
(b) that the taking of that sample was carried out, or could have been carried out, within 3 hours after the relevant time.
(3) Any person who –
is guilty of an offence.(a) having been informed as referred to in section 9(4), fails or refuses without reasonable excuse to submit to the taking of a sample of his blood or to provide a sample of his urine; or
(b) having been directed under section 10(4) to submit to a medical examination, fails or refuses, without reasonable excuse, to submit to that examination or any part of it –
(4) Any person who, having been directed under section 10(6), or required under section 7C, to submit to the taking of a sample of his blood for analysis, fails or refuses without reasonable excuse to submit to the taking of a sample of his blood in accordance with the direction is guilty of an offence.
(5) A person who, on being notified under section 13(6) that a sample of his blood or urine has been taken for analysis, objects, without reasonable excuse, to that sample being analysed is guilty of an offence.
(6) Any person who, having been required under section 7A(1), section 7B(1), section 8(6) or section 8A(1), (2) or (3) to undergo a breath test or an oral fluid test, does anything before he or she undergoes that test with intent to alter the concentration of alcohol or a prescribed illicit drug in his or her breath or blood is guilty of an offence.
(7) Any person who, having become liable to submit to a breath analysis or to the taking of a sample of blood for analysis does anything, before he submits, in pursuance of that liability, to a breath analysis or the taking of a sample of his blood or urine, with intent to alter the concentration of alcohol or a prescribed illicit drug in his breath or blood is guilty of an offence.