Taking blood sample following arrest
5A Taking blood sample following arrest
A police officer may require a person to provide a sample of the person’s blood (whether or not the person consents to the provision of the sample) in accordance with the directions of an authorised sample taker if the person has been physically unable to submit to a breath analysis as directed under this Division.
An authorised sample taker is under a duty to take the sample if the authorised sample taker is informed by the police officer that the sample is required to be taken for the purposes of this clause.
Note.
A refusal or failure by the authorised sample taker to take a sample that the authorised sample taker is required to take under this Schedule may constitute an offence against clause 20.
A blood sample taken under this clause may be used for the purpose of conducting an analysis to determine the concentration of alcohol in the blood.
Note.
Part 4 provides for the procedures in relation to the taking and analysis of samples taken under this clause.
This Act’s bill:Explanatory memorandumSecond reading speech
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