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 > [*\[Section 8A Inserted by No. 18 of 2005, s. 7, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS7@EN) > > > (1)  [*\[Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpd@EN) [*\[Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpc@EN) [*\[Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpb@EN) [*\[Section 8A Subsection (1) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpa@EN) 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)  [*\[Section 8A Subsection (2) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpe@EN) Where a police officer reasonably believes that, while a motor vehicle was in motion, a crime under [section 167A of the](/view/html/inforce/2026-04-12/act-1924-069#GS167A@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , or an offence under the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) or the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) , 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)  [*\[Section 8A Subsection (3) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hph@EN) [*\[Section 8A Subsection (3) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpg@EN) [*\[Section 8A Subsection (3) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpf@EN) 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. > > > (4)  [*\[Section 8A Subsection (4) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpi@EN) Without affecting the generality of [subsection (1)](#GS8A@Gs1@EN) , a police officer may, for the purpose of forming the suspicion referred to in that subsection, deduce from the manner in which the person concerned was behaving at the time when the police officer found him or her that that person may have had a prescribed illicit drug in his or her oral fluid at that time. > > > (5)  [*\[Section 8A Subsection (5) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpj@EN) Where a motor vehicle continues in motion after the commission of a crime or an offence referred to in [subsection (2)](#GS8A@Gs2@EN) or after the occurrence of a crash referred to in [subsection (3)](#GS8A@Gs3@EN) , the police officer concerned may, if necessary, direct the person who is driving the vehicle, by signal or otherwise, to stop the vehicle. > > > (5A)  [*\[Section 8A Subsection (5A) inserted by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpk@EN) Where a person has become liable to undergo an oral fluid analysis by virtue of this section, a police officer may first require that person to undergo an oral fluid test at or near the place where the requirement was made. > > > (6)  [*\[Section 8A Subsection (6) amended by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpl@EN) Where a police officer requires a person to undergo an oral fluid test under [subsection (1)](#GS8A@Gs1@EN) , [(2)](#GS8A@Gs2@EN) [(3)](#GS8A@Gs3@EN) or [(5A)](#GS8A@Gs5A@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. > > > (7)  [*\[Section 8A Subsection (7) inserted by No. 38 of 2017, s. 18, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS18@Hpm@EN) Where under [subsection (5A)](#GS8A@Gs5A@EN) a police officer requires a person to undergo an oral fluid test, that person must comply with that 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.