13Duties of medical practitioners and nurses in relation to taking of blood samples, &c.

### 13 Duties of medical practitioners and nurses in relation to taking of blood samples, &c. > > (1)  [*\[Section 13 Subsection (1) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpb@EN) [*\[Section 13 Subsection (1) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpa@EN) Except as otherwise expressly provided therein, nothing in this Act shall be construed as requiring a qualified person to take a sample of the blood of any person, or carry out a medical examination of any person. > > > (1A)  [*\[Section 13 Subsection (1A) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpc@EN) [*\[Section 13 Subsection (1A) inserted by No. 13 of 2000, s. 4, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-013#GS4@EN) For the purposes of this section, a sample of blood may be divided into 3 parts at the time it is taken or given or at any subsequent time. > > > (2)  Where a medical practitioner has refused to take, or refrained from taking, a sample of the blood of a person for the purposes of this Act, or has refused to make, or refrained from making, a medical examination of a person for those purposes, on the grounds that to do so would, in his opinion, be prejudicial to the proper care or treatment of that person, he shall, if so requested by a police officer – > > > > > > (a) [*\[Section 13 Subsection (2) amended by No. 18 of 2005, s. 10, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS10@EN) [*\[Section 13 Subsection (2) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpd@EN) express an opinion on the question whether that person has or, if he is in hospital, had, at the time of his admission to the hospital, alcohol or a prescribed illicit drug or other drug in his blood; and > > > > > > > (b) to the best of his ability answer any relevant questions put to him by the police officer in relation to that question. > > > (3)  [*\[Section 13 Subsection (3) substituted by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpe@EN) If a qualified person takes a sample of a person's blood for analysis for the purposes of this Act, it is the duty of the qualified person to ensure that the following provisions of this section are complied with in respect of the taking of the sample so far as they are applicable. > > > (4)  Where regulations under this Act prescribe the manner in which a sample of blood is to be taken that sample shall be taken in that manner. > > > (4A)  [*\[Section 13 Subsection (4A) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpf@EN) [*\[Section 13 Subsection (4A) inserted by No. 68 of 2007, s. 7, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS7@Hpa@EN) Where regulations under this Act prescribe an amount of blood which constitutes a sample, less than that amount may be taken if a qualified person certifies that it was not possible to obtain the prescribed amount due to the medical condition of the patient at the time. > > > (4B)  [*\[Section 13 Subsection (4B) inserted by No. 68 of 2007, s. 7, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS7@Hpa@EN) If a sample of blood that is less than the prescribed amount is taken in accordance with [subsection (4A)](#GS13@Gs4A@EN) , that smaller sample is to be taken to be sufficient for the purposes of this Act. > > > (5)  *\[Section 13 Subsection (5) substituted by No. 94 of 1975, s. 10 \]**\[Section 13 Subsection (5) amended by No. 46 of 1991, s. 4 and Sched. 2 \]*[*\[Section 13 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja133@GC2@EN) [*\[Section 13 Subsection (5) amended by No. 17 of 1996, Applied:03 Dec 2007\]*](/view/html/inforce/2007-12-03/act-1996-017#AT@EN) [*\[Section 13 Subsection (5) substituted by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpg@EN) The sample of blood is to be divided into 3 parts, each part being – > > > > > > (a) enclosed in a container of a type approved by the Minister by notice in the *Gazette*; and > > > > > > > (b) labelled in such manner as may be prescribed. > > > (5A)  *\[Section 13 Subsection (5A) inserted by No. 94 of 1975, s. 10 \]*[*\[Section 13 Subsection (5A) omitted by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpg@EN) .  .  .  .  .  .  .  .   > > > (5B)  [*\[Section 13 Subsection (5B) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpi@EN) [*\[Section 13 Subsection (5B) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hph@EN) *\[Section 13 Subsection (5B) inserted by No. 94 of 1975, s. 10 \]*One of the containers containing a part of the sample of the blood is to, as soon as practicable after it has been taken, be tendered to the person from whom it was taken or, if he or she is in custody, to a police officer who was present while it was taken. > > > (5C)  [*\[Section 13 Subsection (5C) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpj@EN) *\[Section 13 Subsection (5C) inserted by No. 94 of 1975, s. 10 \]**\[Section 13 Subsection (5C) amended by No. 44 of 1991, s. 9 \]*The containers containing the other 2 parts of the sample of blood is to, within 10 days, be delivered to an approved analyst. > > > (6)  [*\[Section 13 Subsection (6) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS25@Hpk@EN) [*\[Section 13 Subsection (6) amended by No. 68 of 2007, s. 7, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS7@Hpb@EN) *\[Section 13 Subsection (6) substituted by No. 44 of 1991, s. 9 \]*If a sample of blood is taken from a person in accordance with [section 12](#GS12@EN) [(1)](#GS12@Gs1@EN) (person incapable of consenting), a police officer must– > > > > > > (a) give written notice to the person that the sample was taken; and > > > > > > > (b) tender to the person the part of the sample referred to in [subsection (5B)](#GS13@Gs5B@EN) ; and > > > > > > > (c) give written notice to the person that he or she may object to the sample being analysed, but in that case the person will be guilty of an offence under this Act– > > > > as soon as the police officer considers it is practical to do so having regard to the person's physical condition. > > > (7)  *\[Section 13 Subsection (7) omitted by No. 94 of 1975, s. 10 \]*.  .  .  .  .  .  .  .   > > > (8)  *\[Section 13 Subsection (8) omitted by No. 94 of 1975, s. 10 \]*.  .  .  .  .  .  .  .   > > > (9)  *\[Section 13 Subsection (9) omitted by No. 94 of 1975, s. 10 \]*.  .  .  .  .  .  .  .