Power to conduct random oral fluid testing(cf STM Act, s 18B(1), (4) and (5))
6 Power to conduct random oral fluid testing(cf STM Act, s 18B(1), (4) and (5))
A police officer may require a person to submit to one or more oral fluid tests for prescribed illicit drugs in accordance with the officer’s directions if the officer has reasonable cause to believe that—
the person is or was driving a motor vehicle on a road, or
the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the motor vehicle in motion, or
the person (being the holder of an applicable driver licence) is or was occupying the seat in a motor vehicle next to a learner driver while the driver is or was driving the vehicle on a road.
Without limiting any other power or authority, a police officer may, for the purposes of this clause, request or signal the driver of a motor vehicle to stop the vehicle.
A person must comply with any request or signal made or given to the person by a police officer under subclause (2).
Maximum penalty—10 penalty units.
A police officer may direct a person who has submitted to an oral fluid test under subclause (1) to remain at or near the place of testing in accordance with the police officer’s directions for such period as is reasonable in the circumstances to enable the test to be completed.
A person must comply with any direction given to the person under subclause (4).
Maximum penalty—10 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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