Australian Capital Territory Current Acts

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

    (1)     If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer—

        (a)     if the police officer has reasonable cause to suspect that the person was the driver of the motor vehicle at the time of the accident; or

        (b)     if—

              (i)     the police officer does not know or has doubt as to who was the driver of the motor vehicle at the time of the accident; and

              (ii)     the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

    (2)     The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer's directions.

Example—time reasonably necessary

a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available

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).