Road Safety Act 1986

A police officer may at any time require—

any person he or she finds driving a motor vehicle or in charge of a motor vehicle; or

the driver of a motor vehicle that has been required to stop at a preliminary testing station under section 54(3); or

any person who he or she believes on reasonable grounds has within the last 3 preceding hours driven or been in charge of a motor vehicle when it was involved in an accident; or

any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a motor vehicle when it was involved in an accident, if it has not been established to the satisfaction of the police officer which of the occupants was driving or in charge of the motor vehicle when it was involved in the accident; or

any person whom he or she has required under section 53 to undergo a preliminary breath test; or

any person required under section 55 to furnish a sample of breath or from whom a sample of blood was required to be taken under section 55(9A)—

A person is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the person last drove, was an occupant of or was in charge of a motor vehicle.

An assessment of drug impairment must be carried out by a police officer authorised to do so by the Chief Commissioner of Police.

An assessment of drug impairment must be carried out in accordance with the procedure specified in a notice under subsection (5).

The Secretary may, by notice published in the Government Gazette, specify the procedure to be followed in assessing drug impairment.

The carrying out of an assessment of drug impairment must be video-recorded unless the prosecution satisfies the court that a video-recording has not been made because of exceptional circumstances.

If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under paragraph (ba) of section 49(1), a copy of the video-recording, if any, must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence.

Subject to subsection (9), the video-recording of the carrying out of an assessment of drug impairment on a person is only admissible in a proceeding against that person for an offence against this Act for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under subsection (5).

Evidence obtained as a result of an assessment of drug impairment carried out on a person is inadmissible as part of the prosecution case in proceedings against that person for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 55C.

In any proceeding under this Act—

the statement of any police officer that on a particular date he or she was authorised by the Chief Commissioner of Police under subsection (3) to carry out an assessment of drug impairment; or

a certificate purporting to be signed by the Chief Commissioner of Police that a police officer named in it is authorised by the Chief Commissioner under subsection (3) to carry out an assessment of drug impairment—