New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 148G

148G Power to prevent driving by persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample

(1) A police officer may exercise the powers referred to in subsection (2) in respect of a person who is driving (or about to drive) a motor vehicle if the person has--

(a) undergone an oral fluid test and the test has indicated that one or more prescribed illicit drugs may be present in the person's oral fluid, or

(b) refused or failed to undergo an oral fluid test, or

(c) refused or failed to provide an oral fluid sample in accordance with the directions of a police officer.

(2) A police officer may--

(a) prohibit the person from driving a motor vehicle for a period of 24 hours, and

(b) require the person to immediately hand over all ignition or other keys of the motor vehicle in the person's actual possession--

(i) to the police officer, or

(ii) to another person in the company of the person whom the police officer is satisfied is responsible and capable of exercising proper control of the motor vehicle, and

(c) take such other steps as, in the opinion of the police officer, are necessary in order--

(i) to immobilise the motor vehicle, or

(ii) to remove the motor vehicle to a place of safety and detain it at that place.

(3) In this section--

"oral fluid test" has the same meaning as in Schedule 3.