10BSubsequent testing and samples in certain cases

10B Subsequent testing and samples in certain cases

[Section 10B Inserted by No. 38 of 2017, s. 22, Applied:03 Dec 2018]

(1)  A police officer may require a person, who is liable under this Part to submit to a breath test, oral fluid test, breath analysis or oral fluid analysis, to submit to a further test or analysis if –

(a) the previous breath test, oral fluid test, breath analysis or oral fluid analysis of the person was unable to be completed due to an error by, or a malfunction of, an instrument, or thing, used as part of the test or analysis; and

(b) it is still within the relevant time in respect of the act of the person, or the act of driving by the person, that resulted in that liability of the person.

(2)  Nothing in subsection (1) alters the relevant time in respect of an act of the person or an act of driving by the person.

(3)  For the purposes of subsection (1) , a police officer may direct the person to another location for the purpose of a subsequent test or analysis.