122Refusal to be tested

122 Refusal to be tested

122 Refusal to be tested

(1) If required to do so under this Regulation, a transport safety employee must, in accordance with the directions of a test supervisor or police officer—

(a) undergo a breath test, or

(b) submit to an assessment.

Maximum penalty—10 penalty units.

(2) If required to do so under this Regulation, a transport safety employee must, in accordance with the directions of a test supervisor or police officer—

(a) submit to a breath analysis, or

(b) provide a sample of blood or urine.

Maximum penalty—25 penalty units or imprisonment for 9 months, or both.

(3) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the person was unable on medical grounds to comply with the requirement concerned.

cl 122: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].