Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person is in lawful custody in respect of a service offence; and
(b) an investigating officer has arranged for a medical practitioner to examine the person for the purpose of securing evidence of, or relating to, the service offence; and
(c) either:
(i) the person has given his or her consent in writing to the examination; or
(ii) an authorised officer has, under subsection 101Q(4), approved the examination; and
(d) the investigating officer has informed the person that refusal or failure by him or her to submit to the examination will constitute an offence; and
(e) after having been so informed, the person refuses or fails to submit to the examination;
the person commits an offence for which the maximum punishment is imprisonment for 6 months.
(1A) It is a defence to a charge under subsection (1) if the person proves that he or she had a reasonable excuse for refusing or failing to submit to the examination.
Note: The defendant bears a legal burden in relation to the matter in subsection (1A). See section 13.4 of the Criminal Code .
(2) If:
(a) a person is in lawful custody in respect of a service offence; and
(b) an investigating officer has arranged for a medical practitioner to take a specimen from the person; and
(c) the officer believes on reasonable grounds that analysis or other examination of the specimen is likely to provide evidence of, or relating to, the service offence; and
(d) either:
(i) the person has given his or her consent in writing to the taking of the specimen; or
(ii) an authorised officer has, under subsection 101Q(4), approved the taking of the specimen; and
(e) the investigating officer has informed the person that refusal or failure by him or her:
(i) to submit to the taking of the specimen; or
(ii) to do any act reasonably necessary to enable the specimen to be taken;
will constitute an offence; and
(f) after being so informed, the person:
(i) refuses or fails to submit to the taking of the specimen; or
(ii) refuses or fails to do an act reasonably necessary to enable the specimen to be taken;
the person commits an offence for which the maximum punishment is imprisonment for 6 months.
(2A) It is a defence to a charge under subsection (2) if the person proves that he or she had a reasonable excuse for refusing or failing to do the act mentioned in subparagraph (2)(f)(i) or (ii).
Note: The defendant bears a legal burden in relation to the matter in subsection (2A). See section 13.4 of the Criminal Code .
(3) It is a reasonable excuse for the purposes of subsection (1A) or (2A) that a person has a medical condition that may be aggravated by the conduct of the medical examination or the taking of the specimen, as the case requires.
(4) Nothing in this section renders a person guilty of an offence for refusing to submit to a medical examination or the taking of a specimen to the extent that the person proves that the examination or the taking of the specimen, as the case may be, was not reasonably necessary for the purpose of obtaining evidence relating to the presence or absence of a prohibited drug in the blood or urine of a person.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code .