New South Wales Repealed Regulations

This legislation has been repealed.

POLICE REGULATION 2008 - REG 94

94 Interfering with results of test

(1) A person who does anything to introduce, or alter the concentration of, alcohol or any prohibited drug or steroid in the police officer's urine, hair, breath or blood:

(a) before submitting to a breath analysis, or

(b) before providing a test sample,

is guilty of an offence if the person does so for the purpose of preventing or restricting the use of the results of the analysis in any proceedings against the police officer.

Maximum penalty: 20 penalty units.

(2) A police officer is guilty of an offence if the police officer:

(a) in purported compliance with a requirement to provide a test sample under the Act, provides a false test sample, or

(b) replaces a test sample provided by the police officer with a false test sample, or

(c) encourages another person to provide a test sample, or to do anything else, for the purpose of assisting the police officer to contravene paragraph (a) or (b).

Maximum penalty: 20 penalty units.

(3) A person who removes or interferes with a test sample provided by a police officer for the purpose of preventing or perverting the course of any proceedings against a police officer is guilty of an offence.

Maximum penalty: 20 penalty units.

(4) A person who assists or encourages a person to contravene subclause (1), (2) (a) or (b) or (3) with the intention of assisting or encouraging that contravention is guilty of an offence.

Maximum penalty: 20 penalty units.

(5) In this clause:

"encourage" includes request or command.

"false test sample" means:

(a) a test sample obtained from another person (not being the police officer required to provide the test sample), or

(b) a test sample that has been interfered with, or

(c) a thing that is not a test sample.

"interfere" with a test sample means do anything that alters or disguises the concentration of alcohol or prohibited drug or steroid in the test sample.

"proceedings" includes disciplinary proceedings and any investigation of the conduct of a police officer carried out under the Act or another Act.

"test sample" means a sample of a person's urine, hair, breath or blood.