33Follow-up procedure for blood-sampling of person incapable of consenting

33 Follow-up procedure for blood-sampling of person incapable of consenting

(1)  This section applies if, under section 30 , a medical practitioner carries out a blood-sampling of a person who is incapable of consenting to that procedure.

(2)  The police officer who requested that the blood-sampling be carried out (or another police officer) must, as soon as the police officer (or other police officer) considers it practicable to do so having regard to the person's condition –

(a) give written notice to the person that the blood-sampling has been carried out; and

(b) tender to the person the part of the blood sample referred to in section 32(6)(a) ; and

(c) give the person written notice to the effect that he or she may object to the blood sample being analysed but that doing so without a reasonable excuse is an offence under this Act.

(3)  The person is guilty of an offence if, after being given the written notice referred to in subsection (2)(c) , he or she objects without reasonable excuse to the sample being analysed.

Penalty:  Fine not exceeding 30 penalty units.