South Australian Numbered Acts

STATUTES AMENDMENT (DRINK DRIVING) ACT 2005 (NO 6 OF 2005) - SECT 10

10—Insertion of section 47EA

Before section 47EA (now to be redesignated as section 47EB) insert:

47EA—Exercise of random testing powers

The following provisions apply in relation to the exercise of random testing powers consisting of the giving of a direction to stop a motor vehicle or the making of a requirement to submit to an alcotest:

            (a)         a member of the police force must not give such a direction or make such a requirement unless the member of the police force is in uniform;

            (b)         if the member of the police force is driving or riding in or on a vehicle at the time of giving such a direction—the vehicle must be marked as a police vehicle or must be displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm;

            (c)         a member of the police force must not make such a requirement unless he or she has in his or her possession, or a member of the police force in the immediate vicinity of the place at which the requirement is made has in his or her possession, an apparatus of a kind approved by the Governor for the conduct of alcotests;

            (d)         the Commissioner of Police must establish procedures to be followed by members of the police force in the exercise of such powers, being procedures designed to prevent as far as reasonably practicable any undue delay or inconvenience to persons being subjected to the powers.