Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_32a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 32A
Character Range: 553491–554874

32A  Power to conduct random breath or saliva testing
 (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member's directions if the member has reasonable cause to believe that:
 (a) the person is or was driving a motor vehicle on a road; or
 (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or
 (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner's licence while the driver is or was driving the vehicle on a road.
 (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person's breath by requiring the person to talk into a device that indicates the presence of alcohol.
 (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.
 (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.
Penalty: 10 penalty units.