NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
138HOffences relating to testing
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#### 138H Offences relating to testing
138H Offences relating to testing
> > (1) A person who refuses to provide a blood or urine sample pursuant to a requirement under section 138G is guilty of an offence.
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> > Maximum penalty—50 penalty units or imprisonment for 2 years, or both.
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> > (2) It is a defence to a prosecution for an offence under subsection (1) if the person was unable on medical grounds to comply with the requirement.
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> > (3) A person who commits an offence under the provisions of Schedule 3 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) that are applied by this Division is taken to be guilty of an offence under this Division.
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> **pt 10, div 4 (ss 138D–138H):** Ins 2014 No 2, Sch 2.