21Liable person must submit to breath test, breath analysis or blood-sampling

21 Liable person must submit to breath test, breath analysis or blood-sampling

(1)  This section applies if a person is liable to submit to a breath test, breath analysis or blood-sampling under Division 1 .

(2)  The person must not, without reasonable excuse, fail to –

(a) submit to the breath test, breath analysis or blood-sampling; or

(b) comply with such directions as the police officer requiring the person to submit to the breath test, breath analysis or blood-sampling (or another police officer) may give the person to enable it to be carried out.

Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding one month, or both.

(3)  Without limiting the generality of subsection (2)(b) , the person may be directed to –

(a) go to such place (by such means and with such persons) as the police officer giving the direction nominates; and

(b) submit to the breath test, breath analysis or blood-sampling at that place.

(4)  However, it is a defence in proceedings for an offence under subsection (2) in respect of a breath analysis liability if the defendant establishes that –

(a) the defendant was informed by the approved operator of a breath analysing instrument or a police officer that the defendant could elect to submit to a blood-sampling instead of the breath analysis; and

(b) the defendant made that election; and

(c) the blood-sampling was carried out, or could have practicably been carried out, within 3 hours after the relevant time.

(5)  In proceedings for an offence under subsection (2) , the medical or physical condition of the defendant at the time of the alleged offence is not a reasonable excuse for the purposes of that subsection unless the court is satisfied by medical evidence that, by reason of that condition –

(a) it was not possible, practicable or safe for the defendant to submit to the relevant procedure; or