71BWho must undergo second oral fluid screening test

1. An enforcement officer must require a person to undergo without delay a second oral fluid screening test if—

2. the person has undergone a first oral fluid screening test; and
3. the result of the first oral fluid screening test is positive.

4. See section 71D(3) and (4), which relates to the sequence of testing required under this section and section 71D.

5. However, an enforcement officer must not require a person to undergo a second oral fluid screening test if—

6. the person has undergone a first oral fluid screening test; and
7. the 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 in the circumstances described in section 71F(5).

8. An enforcement officer may require the person—

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

11. If it is not practicable for a person to undergo a second oral fluid screening test at a place to which the person has accompanied an enforcement officer under subsection (2)(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 second oral fluid screening test.

12. A person must—

13. accompany an enforcement officer to a place when required to do so under this section:
14. 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:
15. 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.

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

17. Repealed