Road Transport Act 2013

A police officer may exercise the powers referred to in subclause (2) in respect of a person if—

it appears to the officer from one or more oral fluid tests carried out under clause 6(1) by the officer that the device by means of which the test was carried out indicates that there may be one or more prescribed illicit drugs present in the person’s oral fluid, or

the person refused to submit to an oral fluid test required by an officer under clause 6(1) or fails to submit to that test in accordance with the directions of the officer.

A police officer may—

arrest a person referred to in subclause (1) without warrant, and

take the person (or cause the person to be taken) with such force as may be necessary to a police station or such other place as the officer considers desirable and there detain the person (or cause the person to be detained) for the purpose of the person providing oral fluid samples in accordance with clause 8, and

if clause 9 permits the taking of a blood sample from the person—take the person (or cause the person to be taken) with such force as may be necessary to a hospital or a prescribed place and there detain the person (or cause the person to be detained) for the purpose of the person providing such a blood sample in accordance with clause 9.