386ERefusal to submit to physical examination or to provide samples

#### 386E Refusal to submit to physical examination or to provide samples (1) A person who is required under this Act to undertake a physical examination is guilty of an offence if: (a) he or she fails or refuses to submit to the physical examination; or (b) he or she fails or refuses, when required under this Act to do so, to provide a urine sample or mouth swab to the medical practitioner conducting the examination for analysis by an approved laboratory or to permit a blood or urine sample, or a mouth swab to be taken by the practitioner for that purpose. Penalty: Imprisonment for 6 months. (1A) A person who is required under this Act to permit a medical practitioner to take a blood sample for analysis commits an offence if he or she refuses or fails to permit it to be taken. Penalty: Imprisonment for 6 months. (2) A person who is required under this Act to provide a urine sample or a mouth swab to an authorised person or to a medical practitioner for analysis, or to permit an authorised person or a medical practitioner to take a urine sample or mouth swab for that purpose, commits an offence if he or she refuses or fails so to provide the sample, or to permit it to be taken. Penalty: Imprisonment for 6 months. (2A) An offence under subsection (1), (1A) or (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) It is a defence to a prosecution for an offence against subsection (1), (1A) or (2) if the person establishes that the failure or refusal was based on religious or other conscientious grounds or on medical grounds.