Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where at any time a police officer finds a person in circumstances which give the police officer cause to reasonably suspect that a prescribed illicit drug may be present in that person's blood and the police officer reasonably believes that, immediately preceding that time, that person drove a motor vehicle on a public street while that drug was so present, the police officer may require the person to undergo an oral fluid test.
(2) Where a police officer reasonably believes that, while a motor vehicle was in motion, a crime under section 167A of the Criminal Code, or an offence under the Traffic Act 1925 or the Vehicle and Traffic Act 1999, was committed, the police officer may require the person (if any) who was driving the vehicle when it was in motion to undergo an oral fluid test.
(3) Where a police officer reasonably believes that, while a motor vehicle was in motion, the vehicle became involved in an accident, the police officer may require the person (if any) who was driving the vehicle at the time of the accident to undergo an oral fluid test.
(4) Without affecting the generality of subsection (1), a police officer may, for the purpose of forming the suspicion referred to in that subsection, deduce from the manner in which the person concerned was behaving at the time when the police officer found him or her that that person may have had a prescribed illicit drug in his or her blood at that time.
(5) Where a motor vehicle continues in motion after the commission of a crime or an offence referred to in subsection (2) or after the occurrence of an accident referred to in subsection (3), the police officer concerned may, if necessary, direct the person who is driving the vehicle, by signal or otherwise, to stop the vehicle.
(6) Where a police officer requires a person to undergo an oral fluid test under subsection (1), (2) or (3), that person must comply with the requirement in the presence of that officer or another police officer and in accordance with such directions as may be given by that officer or that other officer.