125Failure to take sample when required

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—

(a) refuse or fail to take the sample, or

(b) fail to comply with the requirements of Division 2 in relation to a sample taken.

Maximum penalty—10 penalty units.

(2) It is a defence to a prosecution for an offence under subclause (1) if the authorised sample taker satisfies the court that—

(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

(b) the authorised sample taker was, because of the behaviour of the transport safety employee, unable to take the sample, or

(c) there was other reasonable cause for the authorised sample taker not to take the sample.

(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.

Maximum penalty—10 penalty units.

(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.

Maximum penalty—20 penalty units.

cl 125: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].