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\[2\].