43.—If, for the purpose of providing a F18[bodily sample] for a test under section 40 of this Act, any person personates another or proffers another knowing him not to be the person named in the direction, he shall be liable—

(a) on summary conviction, to F18[a class C fine] or to imprisonment for a term not exceeding 12 months, or to both;

(b) on conviction on indictment, to F18[a fine not exceeding €5,000] or to imprisonment for a term not exceeding two years, or to both.