Marine Safety Act 1998

An authorised officer cannot require a person to submit to a test, analysis or assessment, or to provide a sample, under this Schedule—

if the person has been admitted to hospital for medical treatment unless—

the medical practitioner in immediate charge of the person’s treatment has been notified of the intention to make the requirement, and

the medical practitioner does not object on the grounds that compliance with it would be prejudicial to the proper care or treatment of that person, or

in relation to the taking of a sample under clause 12—if an authorised sample taker has objected on the grounds that compliance would be dangerous to the person’s health, or

if it appears to the officer that it would, by reason of injuries sustained by that person, be dangerous to the person’s medical condition to submit to the test, analysis or assessment or provide the sample, or

at any time after the expiration of the relevant period (if any) for the test, analysis, assessment or sample concerned, or

at the person’s home.

The relevant period for the purposes of subclause (1) (d) is—

for a breath test or breath analysis under Division 2—the period of 2 hours from the occurrence of the event by reason of which the officer was entitled under clause 3 (1) to require the person to submit to a breath test, or

for a blood sample taken under clause 6—at any time after the expiration of 4 hours from the occurrence of the event that entitled the officer under clause 3 (1) to require the person to submit to a breath test, or

for an oral fluid test given or an oral fluid sample taken under Division 3—at any time after the expiration of 2 hours from the occurrence of the event that entitled the officer under clause 7 (1) to require the person to undergo an oral fluid test or provide a sample, or

for a blood sample taken under clause 10—at any time after the expiration of 4 hours from the occurrence of the event that entitled the officer under clause 7 (1) to require the person to submit to an oral fluid test, or

for a blood or urine sample taken under clause 13—at any time after the expiration of 4 hours from the occurrence of the accident concerned, or

for a blood or urine sample taken under Division 5—at any time after the expiration of 4 hours from the occurrence of the event that entitled an authorised officer under clause 3 (1) to require the person to submit to the breath test that entitled an authorised officer under clause 14 (1) to require the person to submit to a sobriety assessment.

This clause has effect despite any other provision of this Schedule that confers a power on an authorised officer to require a person to submit to a test, analysis or assessment, or to provide a sample, under this Schedule.