TASIn ForceAct
Road Safety (Alcohol and Drugs) Act 1970
7APower of police officer to require driver of motor vehicle to undergo breath test
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### 7A Power of police officer to require driver of motor vehicle to undergo breath test
> *\[Section 7A Inserted by No. 91 of 1982, s. 4 \]*
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> > (1) A police officer may require any person who is driving a motor vehicle on a public street to undergo, at or near the place where the requirement is made, a breath test and, for the purpose of enabling him to make such a request, may, if necessary, direct that person, by signal or otherwise, to stop his vehicle.
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> > (2) A requirement or direction under [subsection (1)](#GS7A@Gs1@EN) may be made by a police officer whether or not he has grounds for suspecting that a person may have consumed intoxicating liquor.
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> > (3) Where under [subsection (1)](#GS7A@Gs1@EN) a police officer requires a person to undergo a breath test, that person shall comply with the requirement in the presence of that officer or another police officer and in accordance with such directions as may be given by that officer or that other officer.
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> > (4) [*\[Section 7A Subsection (4) amended by No. 38 of 2017, s. 13, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS13@Hpa@EN) [*\[Section 7A Subsection (4) amended by No. 28 of 2005, s. 9, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS9@EN) Where, after requiring a person to undergo a breath test in accordance with this section, a police officer reasonably believes that alcohol may be present in that person's breath or blood, whether as a result of such a test or not –
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> > > > (a) [*\[Section 7A Subsection (4) amended by No. 38 of 2017, s. 13, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS13@Hpb@EN) the police officer may require the person to undergo another breath test; and
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> > > > (b) [*\[Section 7A Subsection (4) amended by No. 38 of 2017, s. 13, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS13@Hpb@EN) whether or not a further breath test is required under [paragraph (a)](#GS7A@Gs4@Hpa@EN) , the person becomes liable to submit to a breath analysis.
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> > (5) [*\[Section 7A Subsection (5) omitted by No. 38 of 2017, s. 13, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS13@Hpc@EN) . . . . . . . .