56Blood samples to be taken in certain cases

56 Blood samples to be taken in certain cases

S. 56(1) def. of designated place repealed by No. 7/1995 s. 3(1).

S. 56(1) def. of doctor amended by No. 23/1994 s. 118(Sch. 1 item 50.5).

doctor means a registered medical practitioner and includes a police surgeon.

S. 56(2) amended by Nos 78/1987 s. 11(1)(a)–(c), 53/1989 ss 10, 21(3), substituted by No. 19/1991 s. 11(1), amended by Nos 7/1995 s. 3(2), 81/2006 s. 6, 28/2009 s. 13.

(2) If a person of or over the age of 15 years enters or is brought to a place for examination or treatment in consequence of an accident (whether within Victoria or not) involving a motor vehicle, the person must allow a doctor or approved health professional to take from that person at that place a sample of that person's blood for analysis.

1. For a first offence, 12 penalty units;

For a second offence, 120 penalty units or imprisonment for 12 months;

For any other subsequent offence, 180 penalty units or imprisonment for 18 months.

S. 56(3) amended by No. 53/1989 s. 10, substituted by No. 19/1991 s. 11(1), amended by Nos 41/1992 s. 4(i), 5/2016 s. 36(Sch. 1 item 30).

(3) On convicting a person, or finding a person guilty, of an offence under subsection (2) the court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for the time that the court thinks fit, being not less than—

(a) for a first offence, 2 years; and

(b) for a subsequent offence, 4 years.

S. 56(4) amended by Nos 78/1987 s. 11(2)(a)(b), 53/1989 s. 10, substituted by No. 19/1991 s. 11(1), amended by Nos 7/1995 s. 3(3), 28/2009 s. 13, 37/2014 s. 10(Sch. item 147.15), 70/2016 s. 33, substituted by No. 25/2025 s. 7.

(4) Subsection (2) does not apply if, in the opinion of the doctor or approved health professional first responsible for the examination or treatment of the person, the taking of a blood sample from the person would be prejudicial to the person's proper care and treatment.

S. 56(5) amended by Nos 78/1987 s. 11(3), 53/1989 s. 10, substituted by No. 19/1991 s. 11(1), amended by Nos 7/1995 s. 3(4), 28/2009 s. 13.

(5) A person to whom subsection (2) applies and who is unconscious or otherwise unable to communicate must be taken to allow the taking of a sample of his or her blood by a doctor or approved health professional at a place which he or she enters or to which he or she is brought for examination or treatment.