New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 189C

189C Power to prevent persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample supervising learner drivers

(1) A police officer may exercise the power referred to in subsection (2) in respect of a person who was occupying a seat in a motor vehicle next to a holder of a learner licence while the holder of the learner licence was driving (or about to drive) the motor vehicle if the person has:

(a) undergone an oral fluid test and the test has indicated that one or more prescribed illicit drugs may be present in the person’s oral fluid, or

(b) refused or failed to undergo an oral fluid test, or

(c) refused or failed to provide an oral fluid sample in accordance with the directions of a police officer.

(2) A police officer may prohibit the person from occupying a seat in a motor vehicle next to a holder of a learner licence for a period of 24 hours.

(3) In this section, "oral fluid test" and "prescribed illicit drug" have the same meaning as in the Road Transport (Safety and Traffic Management) Act 1999 .