14Offences under Division 2

### 14 Offences under Division 2 > > (1)  *\[Section 14 Subsection (1) substituted by No. 91 of 1982, s. 10 \]*Any person who, without reasonable excuse, fails or refuses – > > > > > > (a) [*\[Section 14 Subsection (1) amended by No. 18 of 2005, s. 12, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS12@Hpa@EN) [*\[Section 14 Subsection (1) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpa@EN) to comply with a requirement made to him by a police officer under [section 7A(1)](#GS7A@Gs1@EN) , [7C](#GS7C@EN) , [8(6)](#GS8@Gs6@EN) or [8A](#GS8A@EN) ; > > > > > > > (b) [*\[Section 14 Subsection (1) amended by No. 18 of 2005, s. 12, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS12@Hpb@EN) to comply with a direction made to him by a police officer under [section 7A](#GS7A@EN) [(1)](#GS7A@Gs1@EN) , [7B](#GS7B@EN) , [8](#GS8@EN) [(5)](#GS8@Gs5@EN) , or [9](#GS9@EN) [(1)](#GS9@Gs1@EN) ; or > > > > > > > (c) to comply with [section 7A](#GS7A@EN) [(3)](#GS7A@Gs3@EN) or [8](#GS8@EN) [(7)](#GS8@Gs7@EN) – > > > > is guilty of an offence. > > > (1A)  [*\[Section 14 Subsection (1A) amended by No. 68 of 2007, s. 9, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS9@EN) *\[Section 14 Subsection (1A) inserted by No. 91 of 1982, s. 10 \]**\[Section 14 Subsection (1A) amended by No. 44 of 1991, s. 10 \]*Any person who, without reasonable excuse, fails or refuses to comply with a requirement made to him by a police officer under [section 10](#GS10@EN) [(1)](#GS10@Gs1@EN) or [section 10A(1)](#GS10A@Gs1@EN) or [(1A)](#GS10A@Gs1A@EN) is guilty of an offence. > > > (1B)  *\[Section 14 Subsection (1B) inserted by No. 91 of 1982, s. 10 \]*[*\[Section 14 Subsection (1B) substituted by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpb@EN) Any person who is liable to submit to a breath test, oral fluid test, breath analysis, oral fluid analysis or medical examination, or to provide a blood sample, under this Act and who, having been taken into custody – > > > > > > (a) escapes or attempts to escape from that custody; or > > > > > > > (b) obstructs or hinders his or her conveyance to a place where the test, analysis or examination is to take place – > > > > is guilty of an offence. > > > (1C)  *\[Section 14 Subsection (1C) inserted by No. 91 of 1982, s. 10 \]*[*\[Section 14 Subsection (1C) omitted by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpb@EN) .  .  .  .  .  .  .  .   > > > (2)  Any person who, having been directed under [section 10](#GS10@EN) [(4)](#GS10@Gs4@EN) to submit to a breath analysis, fails or refuses, without reasonable excuse, to submit to a breath analysis in accordance with the directions of an approved operator is guilty of an offence. > > > (2AA)  [*\[Section 14 Subsection (2AA) inserted by No. 68 of 1997, s. 8, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS8@EN) For the purposes of [subsection (2)](#GS14@Gs2@EN) , the fact that a person has a medical or physical condition is not a reasonable excuse for failing or refusing to submit to a breath analysis unless – > > > > > > (a) that medical or physical condition is, or that person has a further medical or physical condition that is, a reasonable excuse for not having a sample of blood taken; or > > > > > > > (b) [*\[Section 14 Subsection (2AA) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpd@EN) [*\[Section 14 Subsection (2AA) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpc@EN) that person elected instead to the taking of a sample of blood for analysis and made himself or herself available so as to facilitate the taking of the sample within 5 hours after the relevant time but the sample was not taken within that 5-hour period. > > > (2A)  *\[Section 14 Subsection (2A) inserted by No. 94 of 1975, s. 12 \]**\[Section 14 Subsection (2A) amended by No. 91 of 1982, s. 10 \]*It is a defence in any proceedings for an offence under [subsection (2)](#GS14@Gs2@EN) for the defendant to show – > > > > > > (a) that he elected to submit to the taking of a sample of his blood for analysis instead of a breath analysis; and > > > > > > > (b) [*\[Section 14 Subsection (2A) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpe@EN) that the taking of that sample was carried out, or could have been carried out, within 5 hours after the relevant time. > > > (3)  *\[Section 14 Subsection (3) substituted by No. 91 of 1982, s. 10 \]*Any person who – > > > > > > (a) [*\[Section 14 Subsection (3) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpf@EN) having been informed as referred to in [section 9](#GS9@EN) [(4)](#GS9@Gs4@EN) , fails or refuses without reasonable excuse to submit to the taking of a sample of blood; or > > > > > > > (ab) [*\[Section 14 Subsection (3) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpg@EN) having been directed under [section 10](#GS10@EN) [(4)](#GS10@Gs4@EN) to submit to an oral fluid analysis, fails or refuses, without reasonable excuse, to submit to that analysis; or > > > > > > > (b) having been directed under [section 10](#GS10@EN) [(4)](#GS10@Gs4@EN) to submit to a medical examination, fails or refuses, without reasonable excuse, to submit to that examination or any part of it – > > > > is guilty of an offence. > > > (4)  [*\[Section 14 Subsection (4) amended by No. 18 of 2005, s. 12, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS12@Hpc@EN) Any person who, having been directed under [section 10](#GS10@EN) [(6)](#GS10@Gs6@EN) , or required under [section 7C](#GS7C@EN) , to submit to the taking of a sample of his blood for analysis, fails or refuses without reasonable excuse to submit to the taking of a sample of his blood in accordance with the direction is guilty of an offence. > > > (5)  [*\[Section 14 Subsection (5) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hph@EN) A person who, on being notified under [section 13](#GS13@EN) [(6)](#GS13@Gs6@EN) that a sample of his blood has been taken for analysis, objects, without reasonable excuse, to that sample being analysed is guilty of an offence. > > > (6)  [*\[Section 14 Subsection (6) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpi@EN) [*\[Section 14 Subsection (6) amended by No. 28 of 2005, s. 12, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS12@Hpa@EN) *\[Section 14 Subsection (6) amended by No. 91 of 1982, s. 10 \]*[*\[Section 14 Subsection (6) substituted by No. 18 of 2005, s. 12, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS12@Hpd@EN) Any person who, having been required under [section 7A](#GS7A@EN) [(1)](#GS7A@Gs1@EN) , [section 7B(1)](#GS7B@Gs1@EN) , [section 8](#GS8@EN) [(6)](#GS8@Gs6@EN) or [section 8A(1)](#GS8A@Gs1@EN) , [(2)](#GS8A@Gs2@EN) or [(3)](#GS8A@Gs3@EN) to undergo a breath test or an oral fluid test, does anything before he or she undergoes that test with intent to alter the concentration of alcohol or a prescribed illicit drug in his or her breath, oral fluid or blood is guilty of an offence. > > > (7)  [*\[Section 14 Subsection (7) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpm@EN) [*\[Section 14 Subsection (7) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpl@EN) [*\[Section 14 Subsection (7) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpk@EN) [*\[Section 14 Subsection (7) amended by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpj@EN) [*\[Section 14 Subsection (7) amended by No. 28 of 2005, s. 12, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS12@Hpb@EN) [*\[Section 14 Subsection (7) amended by No. 18 of 2005, s. 12, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS12@Hpf@EN) [*\[Section 14 Subsection (7) amended by No. 18 of 2005, s. 12, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS12@Hpe@EN) *\[Section 14 Subsection (7) amended by No. 94 of 1975, s. 12 \]*Any person who, having become liable to submit to a breath analysis, oral fluid analysis or to the taking of a sample of blood for analysis does anything, before he submits, in pursuance of that liability, to a breath analysis, oral fluid analysis or the taking of a sample of his blood, with intent to alter the concentration of alcohol or a prescribed illicit drug in his breath, oral fluid or blood is guilty of an offence. > > > (8)  [*\[Section 14 Subsection (8) inserted by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpn@EN) A person is guilty of an offence, if the person – > > > > > > (a) becomes liable to submit to a breath test, oral fluid test, breath analysis, oral fluid analysis or to the taking of a sample of blood for analysis under this Act; or > > > > > > > (b) is the driver of a vehicle that has been involved in a crash – > > > > and the person consumes an intoxicating liquor or drug, or administers a drug to himself or herself or has a drug administered to himself or herself, before all relevant tests, analyses and examinations have been performed under this Act in respect of the person's liability under this Act, or the crash. > > > (9)  [*\[Section 14 Subsection (9) inserted by No. 38 of 2017, s. 29, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS29@Hpn@EN) [Subsection (8)](#GS14@Gs8@EN) does not apply in respect of a drug that was obtained and administered in accordance with the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) or was otherwise lawfully obtained and administered.