7BPower of police officer to require driver of motor vehicle to undergo oral fluid test

### 7B Power of police officer to require driver of motor vehicle to undergo oral fluid test > [*\[Section 7B Inserted by No. 18 of 2005, s. 6, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS6@EN) > > > (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, an oral fluid test. > > > (2)  For the purpose of making a requirement under [subsection (1)](#GS7B@Gs1@EN) , the police officer may direct the person, by signal or otherwise, to stop the vehicle. > > > (3)  Where a police officer requires a person to undergo an oral fluid test under [subsection (1)](#GS7B@Gs1@EN) , that person must 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. > > > (4)  [*\[Section 7B Subsection (4) amended by No. 38 of 2017, s. 14, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS14@Hpa@EN) A requirement or direction under this section may be made by a police officer whether or not the officer has grounds for suspecting that a person may have a prescribed illicit drug in his or her oral fluid. > > > (5)  [*\[Section 7B Subsection (5) substituted by No. 38 of 2017, s. 14, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS14@Hpb@EN) Where, after requiring a person to undergo an oral fluid test in accordance with this section, a police officer reasonably believes that an illicit drug has been consumed by, or administered to, the person, whether as a result of such a test or not – > > > > > > (a) the police officer may require the person to undergo another oral fluid test; and > > > > > > > (b) whether or not a further oral fluid test is required under [paragraph (a)](#GS7B@Gs5@Hpa@EN) , the person becomes liable to submit to an oral fluid analysis.