Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101qa:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101QA (pt 1/2)
Character Range: 313887–316474

101QA  Offence of refusing to submit to medical examination etc.
 (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