Australian Capital Territory Current Acts

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

Power to enter premises for drug screening test

    (1)     This section applies if a police officer—

        (a)     suspects on reasonable grounds that a person—

              (i)     was the driver of a vehicle that was involved in an accident on a road or road related area; or

              (ii)     failed to comply with a police officer's request or signal to stop a vehicle the person was driving on a road or road related area; and

        (b)     suspects on reasonable grounds that the person has committed an offence against section 19 (Prescribed concentration of alcohol in blood or breath), section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer) or section 24 (Driving under the influence of intoxicating liquor or a drug); and

        (c)     requires the person to undergo 1 or more drug screening tests under this division; and

        (d)     believes on reasonable grounds that the person is on any premises.

    (2)     The police officer may enter the premises, using the force that is necessary and reasonable in the circumstances, for the purpose of requiring the person to undergo 1 or more drug screening tests.

    (3)     A police officer who enters premises under this section must not remain at the premises for longer than is necessary to conduct the required screening tests.



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