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\[2\].