TASIn ForceAct
Road Safety (Alcohol and Drugs) Act 1970
7CLiability to provide blood sample following oral fluid test
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### 7C Liability to provide blood sample following oral fluid test
> [*\[Section 7C Inserted by No. 18 of 2005, s. 6, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS6@EN)
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> > (1) [*\[Section 7C Subsection (1) substituted by No. 38 of 2017, s. 15, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS15@Hpa@EN) If a police officer requires a person to undergo an oral fluid test in accordance with [section 7B](#GS7B@EN) or [8A](#GS8A@EN) and –
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> > > > (a) the 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; or
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> > > > (b) the person refuses to undergo the oral fluid test –
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> > the police officer may require that person to submit to the taking, by a qualified person, of a sample of blood for analysis.
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> > (2) [*\[Section 7C Subsection (2) amended by No. 38 of 2017, s. 15, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS15@Hpb@EN) A police officer may only require a person to submit to the taking of a sample of blood for analysis if the officer reasonably believes that the sample can be taken within 5 hours of the relevant time.
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> > (3) Where a police officer requires a person to submit to the taking of a sample of blood for analysis under [subsection (1)](#GS7C@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.