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—

An employee in the Department who is authorised in writing by the Secretary or the Head, Transport for Victoria, as the case requires, for the purposes of this section may at any time require any person he or she finds driving a commercial motor vehicle or in charge of a commercial motor vehicle to undergo a preliminary oral fluid test by a prescribed device and, for that purpose, may further require the person, if inside a motor vehicle, to leave the motor vehicle for the purpose of undergoing the test.

A preliminary oral fluid test must be carried out in accordance with the prescribed procedure.

The Secretary or the Head, Transport for Victoria may only authorise an employee for the purposes of this section if satisfied that the employee has the appropriate training to carry out a preliminary oral fluid test in accordance with the prescribed procedure.

A prescribed device may be comprised of a collection unit and a testing unit and one or more other parts.

A person required to undergo a preliminary oral fluid test must do so by placing the prescribed device, or the collection unit of the device, into his or her mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the person who, under this section, is requiring the test to be undergone, a sufficient sample of oral fluid has been captured by the device or unit.

A person who, under this section, is requiring another person to undergo a preliminary oral fluid test may give any reasonable direction as to the physical actions that are necessary for the person to undergo the test.

Without limiting section 54(3), a person required to undergo a preliminary oral fluid test is required to remain at the place at which the test is being carried out until the sample of oral fluid provided has been tested by a prescribed device.

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