(1) This section applies if a police officer reasonably believes that an accident involving one or more motor vehicles has resulted in death or serious injury.
(2) Subject to subsections (4) and (5), the police officer may require any person who the police officer reasonably believes was, or may have been, driving or in charge of a motor vehicle involved in the accident at the time of the accident to allow a registered medical practitioner or an approved health professional nominated by the police officer to take from the person a sample of that person's blood for analysis.
(3) For the purpose of subsection (2), the police officer may require the person to accompany a police officer to a place where the sample is to be taken and to remain there until the sample required to be taken has been taken or until 3 hours after the accident, whichever is sooner.
(4) A person is not obliged to allow a sample of the person's blood to be taken for analysis if more than 3 hours have passed since the accident.
(5) A police officer must not require a person to allow a sample of the person's blood to be taken for analysis under this section if the person is taken to a place for examination or treatment in consequence of the accident.
S. 55BA(6) repealed by No. 70/2016 s. 32.
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(7) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with this section.
Penalty: 12 penalty units.
(8) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was required to be taken from any person under this section.
S. 55BA(9) amended by No. 49/2019 s. 116(Sch. 1 item 127).
(9) Without limiting sections 57 and 57A, if a sample of a person's blood is taken in accordance with this section, the results of the analysis of the sample may be given to the Secretary for the purposes of accident research.
(10) Nothing in this section prevents a police officer from requiring a person to undergo an assessment of drug impairment in accordance with section 55A.
S. 55C inserted by No. 14/2000 s. 9.