New South Wales Repealed Acts

This legislation has been repealed.

MARINE (BOATING SAFETY--ALCOHOL AND DRUGS) ACT 1991 - SECT 23

23 Taking of samples by medical practitioner

(1) Any medical practitioner who, when required under this Part to take a sample of blood or urine from a person:

(a) refuses or fails to take the sample, or

(b) does not comply with the requirements of section 17 with respect to any sample taken,

is guilty of an offence.

Maximum penalty: 5 penalty units.

(2) It is a defence to a prosecution for an offence under subsection (1) if the medical practitioner satisfies the court that:

(a) the practitioner believed on reasonable grounds that the taking of the sample from the person would be prejudicial to the proper care and treatment of the person, or

(b) the practitioner was, because of the behaviour of the person, unable to take the sample, or

(c) there was other reasonable cause for the practitioner not to take the sample.

(3) A person who hinders or obstructs a medical practitioner who is attempting to take a sample of the blood or urine of any other person under this Part is guilty of an offence.

Maximum penalty: 10 penalty units.