Traffic Act 1987

(1) A sample of blood may be taken for this Act, from a person taken to a hospital or a health centre under section 29AAG, or from a person who has apparently attained the age of 15 years and who enters a hospital or health centre for examination or treatment of injuries which may have been received in a crash:

(a) at a hospital – by a medical practitioner, a registered nurse or a member of the staff of the hospital who is under the direct supervision of a medical practitioner or registered nurse; and

(b) at a health centre – by a medical practitioner, a registered nurse or a qualified person.

(2) If a person is taken to a hospital under section 29AAG, the person in charge of the hospital must ensure a sample of the person's blood is taken as soon as practicable.

(3) The Minister responsible for administering hospitals in the Territory must ensure that, for the purpose of analysis by an authorised analyst, a sample of blood is taken as soon as practicable from each person who has apparently attained the age of 15 years who enters a hospital for examination or treatment of injuries which may have been received in a crash.

(4) For subsection (3), a medical practitioner, registered nurse or a member of the staff of a hospital who is under the direct supervision of a medical practitioner or registered nurse may:

(a) take a sample of blood from a person who is unconscious or apparently incapable of consenting to the taking of the sample; or

(5) However, a member of the staff of a hospital or a health centre is not required to take a sample of the person's blood if the member of staff believes on reasonable grounds that:

(a) the concentration of alcohol in the person's blood is already known; or

(b) the taking of the sample would be detrimental to the person's medical condition; or

(c) the injuries of the person were not received in a motor vehicle accident or the motor vehicle accident happened more than 12 hours before the person entered the hospital or health centre; or

(d) a period of more than 4 hours has elapsed since the person entered the hospital or health centre.

(6) A blood sample taken under this section is the property of the Commissioner.

(7) However, the person who takes the sample may make a portion of the sample available to the person from whom it was taken.

(8) No action or proceedings for assault, whether in or outside the Territory, lie against a person who takes a blood sample for this Act.

(9) This section does not obligate any person to take a sample of blood at a health centre.