71AWho must undergo first oral fluid screening test

1. An enforcement officer may require any of the following persons to undergo a first oral fluid screening test without delay:

2. a driver of, or a person attempting to drive, a motor vehicle on a road:
3. a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
4. if an accident has occurred involving a motor vehicle,—
   1. the driver of the vehicle at the time of the accident; or
   2. if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.

5. An enforcement officer—

6. may require a person to undergo a first oral fluid screening test whether or not the person has already undergone a breath screening test under section 68 or an evidential breath test under section 69 and regardless of the result (or failure to produce a result) of any such test or tests; but
7. must not require a person to undergo a first oral fluid screening test if an enforcement officer has required the person to undergo a compulsory impairment test under section 71F(1).

8. An enforcement officer may require the person—

9. to remain in the place where stopped to undergo the first oral fluid screening test; or
10. if it is not practicable for the person to undergo an oral fluid screening test at the place where stopped, to accompany an enforcement officer to a place where it is likely that the person can undergo a first oral fluid screening test.

11. If it is not practicable for a person to undergo a first oral fluid screening test at a place to which the person has accompanied an enforcement officer under subsection (3)(b), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a first oral fluid screening test.

12. An enforcement officer who requires a person to undergo a first oral fluid screening test under this section must, without delay, advise the person—

13. that the person may be issued with an infringement notice if the person—
    1. fails or refuses to undergo an oral fluid screening test that is required under this section or section 71B or 71C; or
    2. having undergone an oral fluid screening test under this section or section 71B or 71C, fails or refuses to remain at the place where the person underwent the test until after the result of the test is ascertained; and
14. of the infringement fee payable for a breach of section 59(3)(a) or 60A(1)(a).

15. A person must—

16. accompany an enforcement officer to a place when required to do so under this section:
17. if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to undergo an oral fluid screening test under this section:
18. if the person has undergone an oral fluid screening test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.

19. An enforcement officer may not require a person who is in a hospital or medical centre as a result of an accident involving a motor vehicle to undergo an oral fluid screening test under this section.

20. An enforcement officer must, without delay after the result of the first oral fluid screening test is ascertained, advise the person—

21. of the result of the test; and
22. if the test produces a positive result, of the following matters:
    1. that an oral fluid sample from the person will be subject to analysis carried out by an approved analyst in accordance with this Act:
    2. that, if the analysis establishes that the person’s oral fluid sample is positive for 1 or more listed qualifying drugs, the person may be issued with an infringement notice:
    3. that, if the analysis establishes that the person’s oral fluid sample is positive for 1 or more listed qualifying drugs, the person may, if they have provided an oral fluid sample that is sufficient for analysis, choose to have a private analyst analyse that sample at the person’s own expense:
    4. the infringement fee payable for a breach of section 57A(3), 57B(3), 57C(3), or 57C(4).

23. However, subsection (8)(b) does not apply if—

24. the person has undergone a first oral fluid screening test; and
25. the enforcement officer requires the person to—
    1. accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test under section 71E; or
    2. undergo a compulsory impairment test under section 71F.