Under s 7A(1) of the Road Safety (Alcohol and Drugs) Act 1970 (Tas), the authority to require a random breath test only crystallises if the police direction to stop is given while the person is driving on a public street; if no action is taken on the public street, the power cannot be exercised on private land. The arrest of a person for breath analysis is unlawful if the officer fails to first require submission to a breath analysis as mandated by the statutory procedure. [name withheld] v [name withheld] does not establish an irrebuttable presumption that police have an implied licence to enter private driveways; the question remains one of fact dependent on all the circumstances.
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