Marine Safety Act 1998

A person must not, when required to do so by an authorised officer under this Part, refuse or fail—

to submit to the taking of a blood sample under clause 6 in accordance with the directions of the sample taker, or

to submit to the taking of a blood sample under clause 10, 13 or 16 in accordance with the directions of the sample taker, or

to provide an oral fluid sample under Division 3 for an oral fluid analysis in accordance with the directions of the officer, or

to provide a urine sample in accordance with the directions of the sample taker.

in the case of an offence against subclause (1) (b) in relation to a requirement to provide a sample under clause 10 or of an offence against subclause (1) (c)—30 penalty units (in the case of a first offence) or 50 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence), or

in any other case—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

A person must not, by reason of the person’s behaviour, prevent a sample taker from taking a sample of the person’s blood for the purposes of clause 12.

It is a defence to a prosecution for an offence against subclause (1) if the defendant proves to the court’s satisfaction that the defendant was unable on medical grounds, at the time the person was required to do so, to submit to the taking of the sample or to provide the sample concerned.

In this clause—