11Guilt of offence and liability for failing to provide specimen#

If a police officer makes a requisition under subsection (8), (8C) or (9) in relation to a person driving, attempting to put in motion or in charge of a motor vehicle, tram, train, vessel, bicycle or personal mobility device, and the person fails to provide as prescribed in this section—

1. (a)a specimen of the person’s breath for analysis by a breath analysing instrument; or
2. (b)a specimen of the person’s saliva for saliva analysis; or
3. (c)a specimen of the person’s blood for a laboratory test;

each of the following applies—

1. (d)the person is guilty of an offence that is taken to be an offence against—
2. (i)for an offence involving a motor vehicle, tram, train or vessel—the appropriate provision of section 79(1); or
3. (ii)for an offence involving a bicycle or personal mobility device—section 79(7A);
4. (e)for an offence involving a motor vehicle, tram, train or vessel—the person is liable to the same punishment in all respects, including disqualification from holding or obtaining a Queensland driver licence, as the person would be if the offence were actually an offence committed by the person against the appropriate provision of section 79(1).

If a police officer makes a requisition under subsection (8), (8C) or (9) in relation to a person other than a person mentioned in subsection (11), and the person fails to provide as prescribed in this section—

1. (a)a specimen of the person’s breath for analysis by a breath analysing instrument; or
2. (b)a specimen of the person’s saliva for saliva analysis; or
3. (c)a specimen of the person’s blood for a laboratory test;

the person commits an offence against this Act. Maximum penalty—40 penalty units or 6 months imprisonment.