Australian Capital Territory Numbered Acts

MOTOR TRAFFIC (ALCOHOL AND DRUGS) (NO. 53 OF 1997) - SECT 5

5. Section 15 of the Principal Act is amended—

        (a)     by inserting in subsection (1) “or a nurse” after “practitioner”;

        (b)     by inserting after subsection (2) the following subsection:

“(2A) A reference in this section to the taking of a blood sample shall be read as a reference to the taking of a blood sample pursuant to a requirement under subsection (1).”;

        (c)     by omitting subsection (4) and substituting the following subsection:

“(4) A medical practitioner or nurse shall not refuse to take a sample of a person's blood for analysis—

        (a)     if permitted to do so by the person under subsection (1); or

        (b)     if the practitioner or nurse is of the opinion that the person is, because of his or her medical condition, incapable of giving or refusing permission to the taking of such a sample—if requested to do so by a police officer under this section.

Penalty: 10 penalty units.”;

        (d)     by inserting in subsections (5) and (6) “or nurse” after “practitioner”; and

        (e)     by omitting subsections (8), (9) and (10).