8ALiability for oral fluid test or oral fluid analysis as result of conduct

8A Liability for oral fluid test or oral fluid analysis as result of conduct

[Section 8A Inserted by No. 18 of 2005, s. 7, Applied:01 Jul 2005]

(1)  [Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] [Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] [Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] [Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] Where at any time a police officer finds a person in circumstances which give the police officer cause to reasonably suspect that a prescribed illicit drug may be present in that person's oral fluid and the police officer reasonably believes that that person drove a motor vehicle while that drug was so present, the police officer may require the person to undergo an oral fluid test or oral fluid analysis.

(2)  [Section 8A Subsection (2) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] Where a police officer reasonably believes that, while a motor vehicle was in motion, a crime under section 167A of the Criminal Code , or an offence under the Traffic Act 1925 or the Vehicle and Traffic Act 1999 , was committed, the police officer may require the person (if any) who was driving the vehicle when it was in motion to undergo an oral fluid test or oral fluid analysis.

(3)  [Section 8A Subsection (3) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] [Section 8A Subsection (3) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] [Section 8A Subsection (3) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018] Where a police officer reasonably believes that, while a motor vehicle was in motion, the vehicle became involved in a crash, the police officer may require the person (if any) who was driving the vehicle at the time of the crash to undergo an oral fluid test or oral fluid analysis.