(1) A person commits an offence if—
(a) a police officer requires the person to undergo—
(i) an alcohol screening test under—
(A) section 8 (Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer); or
(B) section 9 (Power to require alcohol screening test if vehicle involved in accident––driver); or
(C) section 9A (Power to require alcohol screening test if vehicle involved in accident––driver trainer); or
(D) section 10 (Power to require alcohol screening test for culpable driving––driver and driver trainer); or
(ii) a drug screening test under—
(A) section 13A (Power to require drug screening test if vehicle not involved in accident––driver and driver trainer); or
(B) section 13B (Power to require drug screening test if vehicle involved in accident––driver); or
(C) section 13BA (Power to require drug screening test if vehicle involved in accident––driver trainer); or
(D) section 13C (Power to require drug screening test for culpable driving—driver and driver trainer); and
(b) the person fails to undergo the screening test in accordance with the reasonable directions of a police officer.
Maximum penalty: 30 penalty units.
Note Fail includes refuse (see Legislation Act
, dict, pt 1).
(2) An offence against this section is a strict liability offence.
(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the failure was based on medical grounds.
Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 59).