New South Wales Consolidated Acts

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

Offences relating to testing

138H Offences relating to testing

(1) A person who refuses to provide a blood or urine sample pursuant to a requirement under section 138G is guilty of an offence.
: Maximum penalty--50 penalty units or imprisonment for 2 years, or both.
(2) It is a defence to a prosecution for an offence under subsection (1) if the person was unable on medical grounds to comply with the requirement.
(3) A person who commits an offence under the provisions of Schedule 3 to the Road Transport Act 2013 that are applied by this Division is taken to be guilty of an offence under this Division.



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