55BBlood and urine samples—persons assessed to be impaired by drugs

55B Blood and urine samples—persons assessed to be impaired by drugs S. 55B(1) amended by No. 37/2014 s. 10(Sch. item 147.12(a)(i)). (1) If a person undergoes an assessment of drug impairment when required under section 55A to do so and the assessment, in the opinion of the police officer carrying it out, indicates that the person may be impaired by a drug or drugs, any police officer may require the person to do either or both of the following— S. 55B(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.12(a)(ii)). (a) allow a registered medical practitioner or an approved health professional nominated by that police officer to take from the person a sample of that person's blood for analysis; S. 55B(1)(b) amended by No. 37/2014 s. 10(Sch. item 147.12(a)(ii)). (b) furnish to a registered medical practitioner or an approved health professional nominated by that police officer a sample of that person's urine for analysis— and for that purpose may further require the person to accompany a police officer to a place where the sample is to be taken or furnished and to remain there until the sample has been taken or furnished or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is sooner. S. 55B(1A) inserted by No. 23/2001 s. 11, amended by No. 37/2014 s. 10(Sch. item 147.12(b)). (1A) A police officer must not require a person to allow a sample of his or her blood to be taken for analysis under subsection (1)(a) if that person has already had a sample of blood taken from him or her under section 55 after the driving, being an occupant of or being in charge of the motor vehicle. S. 55B(1B) inserted by No. 40/2015 s. 4(2). (1B) A police officer must not require a person to allow a sample of the person's blood to be taken for analysis or to furnish a sample of the person's urine for analysis under subsection (1) if the person has already had a sample of blood taken from the person under section 55BA. S. 55B(2) amended by No. 37/2014 s. 10(Sch. item 147.12(b)), repealed by No. 70/2016 s. 32. (3) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood, or be furnished with a sample of the urine, of any other person in accordance with this section. 1. 12 penalty units. (4) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood, or being furnished with any sample of urine, which the practitioner or approved health professional believed on reasonable grounds was required to be taken from, or be furnished by, any person under this section. S. 55B(5) amended by Nos 68/2009 s. 97(Sch. item 106.9), 37/2014 s. 10(Sch. item 147.12(b)). (5) If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under paragraph (ba) of section 49(1), a copy of a written report on that assessment prepared by the police officer who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence. S. 55BA inserted by No. 40/2015 s. 5. 55BA Blood samples—accidents resulting in death or serious injury (1) This section applies if a police officer reasonably believes that an accident involving one or more motor vehicles has resulted in death or serious injury. (2) Subject to subsections (4) and (5), the police officer may require any person who the police officer reasonably believes was, or may have been, driving or in charge of a motor vehicle involved in the accident at the time of the accident to allow a registered medical practitioner or an approved health professional nominated by the police officer to take from the person a sample of that person's blood for analysis. (3) For the purpose of subsection (2), the police officer may require the person to accompany a police officer to a place where the sample is to be taken and to remain there until the sample required to be taken has been taken or until 3 hours after the accident, whichever is sooner. (4) A person is not obliged to allow a sample of the person's blood to be taken for analysis if more than 3 hours have passed since the accident. (5) A police officer must not require a person to allow a sample of the person's blood to be taken for analysis under this section if the person is taken to a place for examination or treatment in consequence of the accident. S. 55BA(6) repealed by No. 70/2016 s. 32. (7) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with this section. Penalty: 12 penalty units. (8) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was required to be taken from any person under this section. S. 55BA(9) amended by No. 49/2019 s. 116(Sch. 1 item 127). (9) Without limiting sections 57 and 57A, if a sample of a person's blood is taken in accordance with this section, the results of the analysis of the sample may be given to the Secretary for the purposes of accident research. (10) Nothing in this section prevents a police officer from requiring a person to undergo an assessment of drug impairment in accordance with section 55A. S. 55C inserted by No. 14/2000 s. 9.