Australian Capital Territory Current Acts

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Exemptions from requirements to take blood samples or carry out examinations

    (1)     In this section:

"specified procedure" means—

        (a)     the taking of a sample—

              (i)     of a person's blood under this Act; or

              (ii)     from the body of a person under section 16; or

        (b)     the carrying out of a medical examination under section 16.

    (2)     A doctor or nurse is not required to carry out a specified procedure on a person—

        (a)     if the doctor or nurse is of the opinion that to do so would be prejudicial to the proper care and treatment of the person or dangerous to the person's health; or

        (b)     for a procedure under section 15 (Taking blood samples from persons in custody), section 15AA (Taking blood samples from people in hospital) or section 16 (Medical examination—offence against s 24 or culpable driving)—if the person objects to the carrying out of the procedure and persists in so objecting after a doctor, nurse or police officer has informed the person that, unless the objection is based on religious or other conscientious grounds or on medical grounds, the refusal may constitute an offence punishable as provided by this Act; or

        (c)     for a procedure under section 15AA, if—

              (i)     the doctor or nurse believes on reasonable grounds that a sample of the person's blood—

    (A)     has already been taken under this Act; or

    (B)     will be taken under section 15; or

              (ii)     the behaviour of the person or another circumstance prevents the doctor or nurse from carrying out the procedure.

    (3)     It is a defence to a prosecution for a breach of section 15 (5) or section 16 (4), (5) or (6) if the defendant satisfies the court that—

        (a)     because of the behaviour of the person in relation to whom the relevant specified procedure was to be carried out, the defendant was unable to comply with the subsection; or

        (b)     there was other reasonable cause for the failure to comply with the subsection.

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