(1) A police officer
may require a person to allow a prescribed sample taker nominated by the
police officer to take a sample of the person’s blood for analysis, and
require the person to accompany a police officer to a place and wait at that
place for the purposes of taking the sample, if —
(a) the
person underwent a driver assessment and it appears to a police officer that
the assessment indicates that the person is drug impaired; or
(b) the
person refuses or fails to undergo a driver assessment having been required to
do so; or
(c) a
police officer might require a person to undergo a driver assessment but is
precluded from doing so by section 66A(6)(b).
(2) If a person is
incapable of complying with a requirement under subsection (1), a police
officer may cause a prescribed sample taker to take a sample of the
person’s blood for analysis.
(3) If a person is
apparently unconscious or seriously injured a police officer must facilitate
the provision of medical assistance for the person.
(4) If it appears to a
police officer that a blood sample cannot be taken from a person under
subsection (1) within 4 hours after the time at which driving, attempted
driving, use or management of a vehicle in circumstances giving rise to the
requirement under subsection (1) is believed to have taken place —
(a) the
person must not be required to allow a prescribed sample taker to take a
sample of the person’s blood under that subsection; and
(b) a
prescribed sample taker must not be caused to take a sample of the blood of a
person under that subsection.
[Section 66B inserted: No. 27 of 2020 s. 16.]
[Section 66B. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]