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ROAD TRAFFIC ACT 1974 - SECT 67AB

ROAD TRAFFIC ACT 1974 - SECT 67AB

67AB .         Failure to comply with s. 66D or 66E requirement to provide oral fluid, blood sample or accompany police officer

        (1)         A person, other than a person to whom section 68A(3) applies, commits an offence if the person fails to comply with a requirement made by a police officer —

            (a)         to provide a sample of oral fluid under section 66D; or

            (b)         to allow a sample of blood to be taken under section 66E; or

            (c)         to accompany a police officer to a place and to wait at that place under section 66D or 66E.

        Penalty for this subsection:

            (a)         for a first offence, a fine of not more than 25 PU;

            (b)         for a second or subsequent offence —

                  (i)         a fine of not less than 25 PU or more than 40 PU; and

                  (ii)         the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months.

        (2)         A person who commits an offence against subsection (1) may be arrested without warrant.

        [(3)         deleted]

        (4)         For the purposes of subsection (1), where a person is convicted of an offence against this section any offence previously committed by the person against section 63, 64AB, 64AC, 64B, 64C, 67, 67AA, 67AC or 67AD must be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first-mentioned offence is a first, second or subsequent offence.

        (5)         It is a defence to a prosecution for an offence against this section if the accused satisfies the court that there was some substantial reason for the accused’s failure to comply other than a desire to avoid providing information that might be used as evidence.

        [Section 67AB inserted: No. 6 of 2007 s. 10; amended: No. 14 of 2011 s. 15; No. 8 of 2012 s. 37; No. 25 of 2016 s. 40 and 50; No. 27 of 2020 s. 19.]