New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 18B

18B Power to conduct random oral fluid testing

(1) A police officer may require a person to undergo 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:

(a) is or was driving a motor vehicle on a road or road related area, or

(b) is or was occupying the driving seat of a motor vehicle on a road or road related area and attempting to put the motor vehicle in motion, or

(c) being the holder of a driver licence, is or was occupying the seat in a motor vehicle next to a holder of a learner licence while the holder of the learner licence is or was driving the vehicle on a road or road related area.

(2) A person must not, when required by a police officer to undergo an oral fluid test under subsection (1), refuse or fail to undergo the oral fluid test in accordance with the directions of the officer.

Maximum penalty: 10 penalty units.

(3) It is a defence to a prosecution for an offence under subsection (2) if the defendant satisfies the court that the defendant was unable, on medical grounds, to undergo an oral fluid test at the time the defendant was required to do so.

(4) Without limiting any other power or authority, a police officer may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.

(5) A person must comply with any request or signal made or given to the person by a police officer under subsection (4).

Maximum penalty: 10 penalty units.