New South Wales Repealed Acts

This legislation has been repealed.

MARINE (BOATING SAFETY--ALCOHOL AND DRUGS) ACT 1991 - SECT 15

15 Blood or urine samples taken for detecting drugs

(1) If:

(a) a person has undergone a breath test in accordance with this Part, and

(b) the result of the test does not permit the person to be required to submit to a breath analysis,

a police officer may require the person to submit to an assessment of his or her sobriety in accordance with the directions of the officer.

(2) A person must not be required to submit to the assessment unless the police officer has a reasonable belief that, by the way in which the person was acting, the person might be under the influence of drugs.

(3) If:

(a) the person refuses to submit to the assessment, or

(b) after the assessment has been made, a police officer has a reasonable belief that the person is under the influence of a drug,

the officer may require the person to provide a sample of the person's blood or urine at a hospital in accordance with the directions of a medical practitioner who attends the person.

(4) Any such medical practitioner is to take the sample if informed by the police officer that the sample is required to be taken by the practitioner under this Act.

(5) If a police officer is entitled to require a person to provide a sample of blood or urine under this section, the officer may:

(a) arrest the person without warrant, and

(b) take the person with such force as may be necessary to a hospital and there detain the person for the purpose of obtaining the sample.