Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if—
(a) the person is—
(i) required by a police officer to permit a sample of blood to be taken under section 15; or
(ii) a person, other than a pedestrian, from whom a doctor or nurse is required to take a sample of blood under section 15AA; and
(b) the person fails or refuses to permit the sample to be taken.
Example—par (b)
the person waving their arm about so the nurse cannot place a tourniquet on it
Maximum penalty:
(a) for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b) for a repeat offender—200 penalty units, imprisonment for 2 years or both.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the failure or refusal was based on religious or other conscientious grounds, on medical grounds or on another reasonable excuse.
Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 59).
(3) A person who is required under section 16 to undergo a medical examination commits an offence if—
(a) the person fails or refuses to submit to the medical examination; or
(b) the person fails or refuses, when required by the doctor or nurse practitioner conducting the examination, to give or permit the taking of a sample from his or her body for analysis.
Maximum penalty:
(a) for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b) for a repeat offender—200 penalty units, imprisonment for 2 years or both.
(4) It is a defence to a prosecution for an offence against subsection (3) if the person charged establishes that the failure, refusal or behaviour (as the case requires) was based on religious or other conscientious grounds, on medical grounds or on another reasonable excuse.