New South Wales Consolidated Acts

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

18C Arrest following failed oral fluid test or refusal or inability to undergo test

(1) A police officer may exercise the powers referred to in subsection (2) in respect of a person if:

(a) it appears to the officer from one or more oral fluid tests carried out under section 18B (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

(b) the person refused to undergo an oral fluid test required by an officer under section 18B (1) or fails to undergo that test in accordance with the directions of the officer.

(2) A police officer may:

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

(b) 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 this Division, and

(c) if section 18E 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 place prescribed by the regulations 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 that section.