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Contents (2002 - 103)
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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 18:37)
Part 10 Division 4 Section 138H
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.