NSWIn ForceRegulation
Passenger Transport (General) Regulation 2017
125Failure to take sample when required
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#### 125 Failure to take sample when required
125 Failure to take sample when required
> > (1) An authorised sample taker must not, when required under this Regulation to take a sample of blood or urine from a transport safety employee—
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> > > (a) refuse or fail to take the sample, or
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> > > (b) fail to comply with the requirements of Division 2 in relation to a sample taken.
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> > Maximum penalty—10 penalty units.
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> > (2) It is a defence to a prosecution for an offence under subclause (1) if the authorised sample taker satisfies the court that—
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> > > (a) the authorised sample taker believed on reasonable grounds that taking the sample from the transport safety employee would be prejudicial to the proper care and treatment of the employee, or
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> > > (b) the authorised sample taker was, because of the behaviour of the transport safety employee, unable to take the sample, or
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> > > (c) there was other reasonable cause for the authorised sample taker not to take the sample.
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> > (3) A person must, when taking a sample of urine from a transport safety employee, comply with the requirements of Division 2 in relation to the sample.
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> > Maximum penalty—10 penalty units.
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> > (4) A person must not hinder or obstruct an authorised sample taker or other person who is attempting to take a sample of blood or urine under this Regulation.
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> > Maximum penalty—20 penalty units.
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> **cl 125:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].