10Enforcement of obligation to provide blood sample or submit to breath analysis or medical examination

### 10 Enforcement of obligation to provide blood sample or submit to breath analysis or medical examination > > (1)  [*\[Section 10 Subsection (1) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpa@EN) [*\[Section 10 Subsection (1) amended by No. 18 of 2005, s. 8, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS8@Hpb@EN) [*\[Section 10 Subsection (1) amended by No. 18 of 2005, s. 8, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS8@Hpa@EN) *\[Section 10 Subsection (1) amended by No. 91 of 1982, s. 7 \]**\[Section 10 Subsection (1) amended by No. 17 of 1984, s. 4 \]*A police officer may require a person who is liable under this Part to submit to the taking of a sample of blood for analysis or submit to a breath analysis, oral fluid analysis or a medical examination to proceed to such place or into such vehicle by such means and with such person as the officer may indicate and there submit himself or herself to the taking of that sample or to that analysis or that examination. > > > (2)  *\[Section 10 Subsection (2) amended by No. 91 of 1982, s. 7 \]*If a person fails or refuses to comply with a requirement made under [subsection (1)](#GS10@Gs1@EN) , or is in such a condition or behaves in such a manner as to give reasonable grounds for believing that he will not comply with the requirement, a police officer may take him into custody and convey him or cause him to be conveyed to some appropriate place, and there detain him or cause him to be detained, for so long as is necessary to enable a direction to be given to him under [subsection (4)](#GS10@Gs4@EN) . > > > (3)  [*\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpc@EN) [*\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpb@EN) [*\[Section 10 Subsection (3) amended by No. 18 of 2005, s. 8, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS8@Hpc@EN) *\[Section 10 Subsection (3) amended by No. 91 of 1982, s. 7 \]*A police officer shall not exercise his powers under [subsection (2)](#GS10@Gs2@EN) in respect of any person unless that officer has reasonable cause to believe that the taking of the sample of blood for analysis, or the taking of a sample of oral fluid for oral fluid analysis, or the breath analysis or medical examination can be carried out, within 5 hours after the relevant time, at or near the place to which that person is to be, is being, or has been conveyed in the exercise of those powers. > > > (4)  [*\[Section 10 Subsection (4) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpd@EN) *\[Section 10 Subsection (4) amended by No. 17 of 1984, s. 4 \]*[*\[Section 10 Subsection (4) substituted by No. 18 of 2005, s. 8, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS8@Hpd@EN) Where a person who is liable to submit to the taking of a sample of blood for analysis, or the taking of a sample of oral fluid for oral fluid analysis, or submit to a breath analysis or a medical examination is at a place where, or in a vehicle in which, that sample can forthwith be taken or that analysis or medical examination can forthwith be carried out, a police officer may direct him or her there to submit to the taking of the sample or to the analysis or examination. > > > (4A)  [*\[Section 10 Subsection (4A) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpe@EN) *\[Section 10 Subsection (4A) substituted by No. 91 of 1982, s. 7 \]**\[Section 10 Amended by No. 17 of 1984, s. 4 \]*Where a person who is liable to submit to a breath analysis is at a place where, or in a vehicle in which, that analysis can be carried out forthwith and that person fails or refuses to comply with a direction given to him in accordance with [subsection (4)](#GS10@Gs4@EN) , the approved operator of the breath analysing instrument at that place or in that vehicle shall inform that person that he may elect to submit to the taking of a sample of his blood for analysis instead of submitting to a breath analysis, but only if the taking of that sample can be begun within 5 hours after the relevant time. > > > (4AB)  [*\[Section 10 Subsection (4AB) inserted by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpf@EN) Where a person who has been informed in accordance with [subsection (4A)](#GS10@Gs4A@EN) declines to submit to the taking of a sample of blood – > > > > > > (a) the approved operator concerned is to inform the person of the consequences of declining to submit to the taking of the sample; and > > > > > > > (b) if the person does not elect to submit to the taking of the sample as soon as practicable after being informed of the consequences of declining to submit – > > > > > > > > > > (i) the person is taken to have declined to submit to the taking of the sample; and > > > > > > > > > > > (ii) the deemed decision to decline to submit to the taking of the sample is final. > > > (4B)  [*\[Section 10 Subsection (4B) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hph@EN) [*\[Section 10 Subsection (4B) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpg@EN) *\[Section 10 Subsection (4B) inserted by No. 91 of 1982, s. 7 \]*Where a person who has been informed in accordance with [subsection (4A)](#GS10@Gs4A@EN) elects to submit to the taking of a sample of blood under [subsection (4A)](#GS10@Gs4A@EN) or [(4AB)](#GS10@Gs4AB@EN) , the approved operator concerned shall forthwith cause arrangements to be made for such a sample to be taken by a qualified person. > > > (5)  Where a person is at a hospital for medical treatment or is being attended by a medical practitioner for medical treatment, a police officer shall not direct that person to submit to a breath analysis unless he notifies the medical practitioner in charge of that treatment of his intention to make the direction and that medical practitioner does not object on the grounds that compliance therewith, would, in his opinion, be prejudicial to the proper care or treatment of that person. > > > (6)  Where a person is liable to submit to a breath analysis a police officer, if – > > > > > > (a) a medical practitioner has objected to the submission of that person to such an analysis on the grounds referred to in [subsection (5)](#GS10@Gs5@EN) ; > > > > > > > (b) it appears to that officer that it may be dangerous to that person's medical condition to submit to the analysis; or > > > > > > > (c) it appears to that officer that, by reason of that person's condition, it is not practicable for that person to submit to the analysis – > > > > may direct that person to submit to the taking of a sample of his blood for analysis. > > > (7)  [*\[Section 10 Subsection (7) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpk@EN) [*\[Section 10 Subsection (7) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpj@EN) [*\[Section 10 Subsection (7) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpi@EN) *\[Section 10 Subsection (7) amended by No. 91 of 1982, s. 7 \]*No direction shall be given under this section to a person requiring him to submit to a breath analysis or oral fluid analysis, or to a medical examination, or to the taking of a sample of his blood, after the expiration of 5 hours after the relevant time and a person is not required under this section to submit to a breath analysis or oral fluid analysis, or to the taking of a sample of his blood, or to a medical examination that is begun after the expiration of that period. > > > (8)  [*\[Section 10 Subsection (8) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpm@EN) [*\[Section 10 Subsection (8) amended by No. 38 of 2017, s. 20, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS20@Hpl@EN) *\[Section 10 Subsection (8) amended by No. 94 of 1975, s. 8 \]*Where a motor vehicle is involved in a crash in a public street a police officer may place on, or attach to, the clothing or body of any person whom that officer reasonably believes may have been the driver of that vehicle, a prescribed means of identification, if the officer is satisfied that that person is in such a condition as to be unable to understand or comply with any request or direction that, assuming that person to have been the driver of that vehicle at the time of the crash, could otherwise be given to him under this section.