Australian Capital Territory Current Acts

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

Detention for oral fluid analysis

    (1)     This section applies if—

        (a)     a person undergoes a drug screening test under a requirement made by a police officer under section 13A, section 13B, section 13BA or section 13C and a drug screening device indicates to the police officer that a prescribed drug is present in the person's oral fluid; or

        (b)     a person who has been required by a police officer under section 13A, section 13B, section 13BA or section 13C to undergo a drug screening test fails to undergo the screening test in accordance with the direction of the police officer.

Note     Fail includes refuse, see the Legislation Act

, dict, pt 1.

    (2)     The police officer may take the person into custody.

    (3)     If the person is taken into custody, a police officer must take the person, as soon as practicable, to a police station or another convenient place (for example, a police vehicle) to carry out an oral fluid analysis for the person.



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