Australian Capital Territory Current Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 13A

    (1)     A police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer if—

        (a)     the person is––

              (i)     the driver of a motor vehicle on a road or road related area; or

              (ii)     the driver trainer in a motor vehicle on a road or road related area; or

        (b)     the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was––

              (i)     the driver of a motor vehicle on a road or road related area; or

              (ii)     the driver trainer in a motor vehicle on a road or road related area.

    (2)     The person must remain at the place where the drug screening test is being carried out until the test is completed in accordance with the police officer's directions.

    (3)     In addition, if a drug screening device is not immediately available and the police officer has reasonable cause to suspect that the person has a drug in the person's body, the police officer may direct the person to remain at the place where the drug screening test is to be carried out for the time (not exceeding 30 minutes) reasonably necessary for a drug screening device to be made available and the test to be completed.

Example—screening device not immediately available

there is no working screening device at the place where the test is to be carried out

Note     A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

    (4)     Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo a drug screening test.