Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_32b:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 32B (pt 1/2)
Character Range: 554874–557348

32B  Arrest following failed breath or saliva test etc.
 (1) A member of the police force may exercise the powers mentioned in subsection (2) in respect of a person if:
 (a) both of the following apply:
 (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person's breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;
 (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or
 (aa) both of the following apply:
 (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person's breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;
 (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or
 (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person's breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or
 (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or
 (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person's saliva a drug or psychotropic substance; or
 (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.
 (2) The powers that the member of the police force may exercise in respect of the person are as follows:
 (a) the power to arrest the person, without warrant;
 (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;
 (c) the power to detain the person (or cause the person to be detained) at a police