New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 138G

138G Blood and urine samples for analysis for presence of alcohol or drugs

(1) A police officer may require a person to whom this Division applies to provide samples of the person's blood and urine (taken by an authorised sample taker) at a police station or other place at which the person is detained in connection with the alleged offence.

(2) A blood or urine sample may only be required to be provided under this section if the person has refused to undertake (or cannot be required to undertake) a breath analysis pursuant to a requirement under section 138F or if the police officer has a reasonable belief that the person is under the influence of a substance other than alcohol. The person may also request that blood or urine samples be taken under this section if the person has undertaken such a breath analysis.

(3) A blood or urine sample may only be required to be provided under this section within 4 hours after the commission of the alleged offence.

(4) A person may be taken to and detained at a hospital for the purpose of the taking of a blood or urine sample required to be provided under this section.

(5) The following provisions of Schedule 3 to the Road Transport Act 2013 apply in relation to blood or urine samples taken under this section (with any necessary or prescribed modifications)--

(a) the procedures for taking the blood or urine samples,

(b) the procedures for analysing the blood or urine samples (including the independent analysis of a portion of a blood or urine sample at the request of the person providing the sample),

(c) offences relating to sample handling and the use of samples,

(d) the issue of evidentiary certificates relating to the blood or urine samples and their analysis,

(e) the protection from liability of authorised sample takers in relation to the taking of blood or urine samples,

(f) any other provisions prescribed by the regulations.

(6) Evidence of the presence or concentration of any alcohol, drug or other substance in an accused's blood or urine as determined by an analysis carried out in accordance with this section may be used only in proceedings for an offence under section 25A(2) of the Crimes Act 1900 .