Northern Territory Consolidated Acts

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TRAFFIC ACT - SECT 29AAF

Requirement for saliva test

29AAF. Requirement for saliva test

(1) A police officer may, in the following circumstances, require a person to submit to a saliva test to determine if the person's blood may contain a prohibited drug:

(a) the person is a driver required to pull over under section 29AAB(1)(b);

(b) the officer has reasonable cause to suspect the person:

(i) has committed an offence against Division 3 or 4; or

(ii) was the driver of a motor vehicle that was involved in a crash on a road, road-related area or public place.

(2) The officer may only require the person to submit to a saliva test if not more than 4 hours has expired since the driver was pulled over or the offence, or crash, mentioned in subsection (1) occurred.

(3) If a police officer requires a person to submit to a saliva test, the person must comply with the directions given by the officer or another police officer.

(4) If a police officer requires a person to submit to a saliva test and:

(a) the person fails to provide a sufficient sample of saliva for the completion of the test; or

(b) the officer reasonably believes (whether as a result of the test or otherwise) that the person's blood may contain a prohibited drug;

the officer or another police officer may arrest the person without warrant and detain the person for the purpose of having a sample of blood taken for analysis.

(5) A police officer must not require a person to submit to a saliva test under this section if it appears to the officer that the person:

(a) is injured, and the officer is satisfied it may be detrimental to the person's medical condition for the person to submit to the saliva test within the time mentioned in subsection (2); or

(b) has a physical disability that prevents the person from providing a sufficient sample of saliva for the completion of a saliva test.



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