Personal liability for good faith taking of samples(cf STM Act, s 39)
41 Personal liability for good faith taking of samples(cf STM Act, s 39)
An authorised sample taker does not incur any civil or criminal liability in respect of anything properly and necessarily done by the sample taker in the course of taking a sample of blood or urine from a person for the purpose of its being used by an analyst to determine the concentration of alcohol or detect the presence of any drug if the authorised sample taker—
believed on reasonable grounds that the authorised sample taker was required under this Schedule to take the sample of blood or urine from the person, or
believed on reasonable grounds that the person was involved in an accident (whether in this jurisdiction or elsewhere) and the authorised sample taker did not know, and could not with reasonable diligence have ascertained, whether or not the authorised sample taker was required to take the sample from the person under Division 4 of Part 2, or
was informed by a police officer that the person was a person from whom the sample taker was required under this Schedule to take the sample of blood or urine.
Subclause (1) extends to any person acting at the direction or under the supervision of the sample taker as referred to in clause 42.
This clause applies despite section 275.
This Act’s bill:Explanatory memorandumSecond reading speech
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