Traffic Act 1987

(1) A person who is required under section 29AAC or 29AAD to submit to a breath analysis must not fail to provide a sample of breath sufficient for the analysis to be carried out.

Maximum penalty: For a first offence – 10 penalty units or imprisonment for 12 months.

For a second or subsequent offence – 20 penalty units or imprisonment for 12 months.

(2) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

(c) failing to provide a sufficient sample of breath for a breath analysis;

(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

(f) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).

(3) If a court finds a person guilty of a relevant offence, the person's licence to drive is automatically cancelled and the person is disqualified from:

(a) for a first offence – obtaining a licence for a period that is at least 12 months; and

(i) obtaining a licence for a period (mandatory period) that is at least 18 months; and

(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 12 months and not more than 3 years.

Notes

1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).

2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.

(4) However, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:

(b) failing to provide a sufficient sample of breath for a breath analysis;

(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);

the minimum period for which the person is disqualified from obtaining a licence is 5 years.

(5) Also, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:

(c) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

(ca) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);

and the person has also been previously found guilty at any time of committing any of the following offences:

(f) failing to provide a sufficient sample of breath for a breath analysis;

(h) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

the minimum period for which the person is disqualified from obtaining a licence is 5 years.

(7) A person is taken to have failed to provide a sufficient sample of breath for a breath analysis if the person's actions (or inactions) in any way prevent a police officer from requiring the person to submit to a breath analysis.

(8) It is a defence to a prosecution for a relevant offence if the defendant satisfies the court:

(a) it would have been detrimental to the defendant's medical condition to have submitted to a breath analysis at the time the person was required to do so; or

(b) the defendant had other reasonable grounds for failing to submit to a breath analysis.

(9) It is not reasonable grounds for failing to submit to a breath analysis that the defendant had consumed alcohol after the defendant ceased to drive a motor vehicle.