(1) Under a vehicle
search authorisation, a police officer may do a preliminary drug detection
test on the following persons —
(a) the
driver of a vehicle in the drug detection area; or
(b) a
passenger of a vehicle in the drug detection area; or
(c) a
person who a police officer has reasonable grounds to suspect has recently
left a vehicle that is, or was, in the drug detection area.
(2) A police officer
who wishes to do a preliminary drug detection test on a person under
subsection (1) may detain the person for a reasonable period in order to do
the test.
(3) A police officer
has reasonable grounds to suspect that any thing referred to in
section 23(1)(a), (b) or (c) is in the possession of a person, if a
preliminary drug detection test indicates the detection of any of the
following on the person —
(a) a
prohibited drug;
(b) a
prohibited plant;
(c) a
controlled precursor.
(4) Section 25 applies
as if the reference in subsection (1) of that section to a police officer
exercising the powers conferred by section 22 or 23 included a reference to a
police officer exercising the powers conferred by subsection (1) of this
section.
(5) Section 26 applies
as if —
(a) the
reference in subsection (1)(a)(i) and (ii) of that section to a dangerous
substance included a reference to a controlled precursor; and
(b) the
reference in subsection (1) of that section to the exercise of the powers
conferred by section 22 or 23 included a reference to the exercise of the
powers conferred by subsection (1) of this section.
[Section 20H inserted: No. 47 of 2016 s. 5.]
[Heading inserted: No. 47 of 2016 s. 5.]