67Blood test fee

1. The following persons who undergo a blood test are liable to pay the blood test fee that applied on the date of that test and any associated medical expenses:

2. any person who—
   1. elects or is required to undergo the blood test under section 70A(1) or 72(1)(a), (b), (c), or (d); and
   2. before undergoing the blood test is advised in accordance with section 69(4A)(d), 72(1D), or 72(1E):
3. any person who—
   1. elects or is required to undergo a blood test under section 71D or 72(1)(e), (f), (g), or (h); and
   2. is advised in accordance with section 71A(5)(c), 71D(2), or 72(1F) before undergoing the blood test; and
   3. commits an offence against section 57A(1) or (2), 57B(1) or (2), or 57C(1) or (2):
4. any person who undergoes a blood test under section 73.

5. Subsection (1) does not apply if the result of the blood test indicates that the person has committed an infringement offence against section 56(2B).

6. The blood test fee and any associated medical expenses payable by a person under subsection (1),—

7. in the case of a person who is convicted of an offence against any of sections 56(2), 57(2), 57AA, 57A(1), 57B(1), 57C(1), 58, 61(1)(b), 61(2), and 62, are deemed to be a fine imposed on the conviction of the person for that offence; and
8. in all other cases, are recoverable from the person as a debt due to the Crown.

9. An enforcement officer may waive or refund the blood test fee and any associated medical expenses payable or paid by a person under subsection (1) if—

10. the result of the blood test does not indicate that the person contravened a specified blood-alcohol limit; and
11. the blood test—
    1. was taken under section 72(1)(a) and the enforcement officer is satisfied, on the evidence of a medical practitioner, that the person's failure or refusal to undergo an evidential breath test was because of—
       1. a pre-existing medical condition or pre-existing disability that precluded undergoing the test; or
       2. an injury, sustained in a motor vehicle accident that gave rise to the obligation to undergo the test; or
    2. was taken under section 73.

12. For the purposes of subsection (1), the Minister of Police may from time to time, by notice, prescribe a fee for each type of blood test that is carried out under this Act (including prescribing different fees for different classes of persons).

13. The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen.

14. A notice under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).