Road Traffic Act 1974

A police officer may personally give a person a notice (a prohibition notice) prohibiting the person from driving a motor vehicle for 24 hours if, when the notice is given —

the person has provided a sample of oral fluid that has been tested under section 66D(4)(b) and it appears to the authorised drug tester conducting the test that the test indicates that a prescribed illicit drug is present in the person’s oral fluid; or

each of the following apply —

the person has undergone a preliminary oral fluid test and it appears to a police officer that the test indicates that the person’s oral fluid contains a prescribed illicit drug;

the police officer is precluded from requiring the person to provide a sample of oral fluid by section 66D(3)(b);

the police officer requires the person to allow a prescribed sample taker to take the person’s blood for analysis under section 66E;

each of the following apply —

the person has undergone a preliminary oral fluid test and it appears to a police officer that the test indicates that the person’s oral fluid contains a prescribed illicit drug;

the person is not required to provide another sample of oral fluid for analysis under section 69B(5);

the person refuses or fails to undergo a test having been required to do so under section 66C, 66D or 66E.

The prohibition notice must —

specify the grounds on which the notice is given, including when and where subsection (1) applies to the person; and

contain a statement to the effect that because the person has been given the notice, the person must not drive a motor vehicle for a period commencing on receipt of the notice and ending 24 hours after receipt of the notice; and

specify when the person receives the prohibition notice and when the 24‑hour period ends.

A person who has been given a prohibition notice under this section must not contravene the notice.

for a first offence, a fine of 25 PU;

for a second or subsequent offence, a fine of 40 PU.