CRIMES ACT 1958 - SECT 464C - RIGHT TO COMMUNICATE WITH FRIEND, RELATIVE AND LEGAL PRACTITIONER

464C. Right to communicate with friend, relative and legal practitioner

(1) Before any questioning or investigation under section 464A(2) commences,
an investigating official must inform the person in custody that he or she-

   (a)  may communicate with or attempt to communicate with a friend or
        relative to inform that person of his or her whereabouts; and
 TO COMMUNICATE WITH FRIEND
   (b)  may communicate with or attempt to communicate with a legal
        practitioner-

and, unless the investigating official believes on reasonable grounds that-

   (c)  the communication would result in the escape of an accomplice or the
        fabrication or destruction of evidence; or

   (d)  the questioning or investigation is so urgent, having regard to the
        safety of other people, that it should not be delayed-

the investigating official must defer the questioning and investigation for a
time that is reasonable in the circumstances to enable the person to make, or
attempt to make, the communication.

(2) Subject to subsection (1), if a person wishes to communicate with a
friend, relative or legal practitioner, the investigating official in whose
custody the person then is-

   (a)  must afford the person reasonable facilities as soon as practicable to
        enable the person to do so; and

   (b)  must allow the person's legal practitioner or a clerk of the legal
        practitioner to communicate with the person in custody in
        circumstances in which as far as practicable the communication will
        not be overheard.

(3) This section also applies to any questioning or investigation in
accordance with an order made under section 464B(5).

(4) This section does not apply to questioning or investigation in connection
with an offence under section 49(1) of the Road Safety Act 1986.

http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s464c.html 

Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-

   (a)  drives a motor vehicle or is in charge of a motor vehicle while under
        the influence of intoxicating liquor or of any drug to such an extent
        as to be incapable of having proper control of the motor vehicle; or

   (b)  drives a motor vehicle or is in charge of a motor vehicle while the
        prescribed concentration of alcohol or more than the prescribed
        concentration of alcohol is present in his or her blood or breath; or

   (ba) drives a motor vehicle or is in charge of a motor vehicle while
        impaired by a drug; or

   (bb) drives a motor vehicle or is in charge of a motor vehicle while the
        prescribed concentration of drugs or more than the prescribed
        concentration of drugs is present in his or her blood or oral fluid;
        or

   (c)  refuses to undergo a preliminary breath test in accordance with
        section 53 when required under that section to do so; or

   (ca) refuses to undergo an assessment of drug impairment in accordance with
        section 55A when required under that section to do so or refuses to
        comply with any other requirement made under section 55A(1); or

   (d)  refuses or fails to comply with a request or signal to stop a motor
        vehicle, and remain stopped, given under section 54(3); or

   (e)  refuses to comply with a requirement made under section 55(1), (2),
        (2AA), (2A) or (9A); or

   (ea) refuses to comply with a requirement made under section 55B(1); or

   (eb) refuses to provide a sample of oral fluid in accordance with section
        55D or 55E when required under that section to do so or refuses to
        comply with any other requirement made under that section; or

   (f)  within 3 hours after driving or being in charge of a motor vehicle
        furnishes a sample of breath for analysis by a breath analysing
        instrument under section 55 and-

   (i)  the result of the analysis as recorded or shown by the breath
        analysing instrument indicates that the prescribed concentration of
        alcohol or more than the prescribed concentration of alcohol is
        present in his or her breath; and

   (ii) the concentration of alcohol indicated by the analysis to be present
        in his or her breath was not due solely to the consumption of alcohol
        after driving or being in charge of the motor vehicle; or

   (g)  has had a sample of blood taken from him or her in accordance with
        section 55, 55B, 55E or 56 within 3 hours after driving or being in
        charge of a motor vehicle and-

   (i)  the sample has been analysed within 12 months after it was taken by a
        properly qualified analyst within the meaning of section 57 and the
        analyst has found that at the time of analysis the prescribed
        concentration of alcohol or more than the prescribed concentration of
        alcohol was present in that sample; and

   (ii) the concentration of alcohol found by the analyst to be present in
        that sample was not due solely to the consumption of alcohol after
        driving or being in charge of the motor vehicle; or

   (h)  within 3 hours after driving or being in charge of a motor vehicle
        provides a sample of oral fluid in accordance with section 55E and-

   (i)  the sample has been analysed by a properly qualified analyst within
        the meaning of section 57B and the analyst has found that at the time
        of analysis a prescribed illicit drug was present in that sample in
        any concentration; and

   (ii) the presence of the drug in that sample was not due solely to the
        consumption or use of that drug after driving or being in charge of
        the motor vehicle; or

        (i)    has had a sample of blood taken from him or her in accordance
               with section 55, 55B, 55E or 56 within 3 hours after driving or
               being in charge of a motor vehicle and-

   (i)  the sample has been analysed by a properly qualified analyst within
        the meaning of section 57 and the analyst has found that at the time
        of analysis a prescribed illicit drug was present in that sample in
        any concentration; and

   (ii) the presence of the drug in that sample was not due solely to the
        consumption or use of that drug after driving or being in charge of
        the motor vehicle.

(1A) A person may be convicted or found guilty of an offence under paragraph
(c), (ca), (e), (ea) or (eb) of subsection (1) even if-

   (a)  in the case of an offence under paragraph (c), a prescribed device was
        not presented to the person at the time of the making of the
        requirement; and

   (b)  in the case of an offence under paragraph (ca)-

   (i)  a requirement to undergo an assessment of drug impairment was not made
        at a place where such an assessment could have been carried out; and

   (ii) a member of the police force authorised to carry out an assessment of
        drug impairment was not present at the place where the requirement was
        made at the time it was made; and

   (c)  in the case of an offence under paragraph (e)-

   (i)  a breath analysing instrument was not available at the place or
        vehicle where the requirement was made at the time it was made; and

   (ii) a person authorised to operate a breath analysing instrument was not
        present at the place where the requirement was made at the time it was
        made; and

   (iii) the person requiring a sample of blood had not nominated a registered
        medical practitioner or approved health professional to take the
        sample; and

   (iv) a registered medical practitioner or approved health professional was
        not present at the place where the requirement was made at the time it
        was made; and

   (d)  in the case of an offence under paragraph (ea)-

   (i)  the member of the police force requiring a sample of blood had not
        nominated a registered medical practitioner or approved health
        professional to take the sample; and

   (ii) the member of the police force requiring a sample of urine had not
        nominated a registered medical practitioner or approved health
        professional to whom the sample was to be furnished for analysis; and

   (iii) a registered medical practitioner or approved health professional was
        not present at the place where the requirement was made at the time it
        was made; and

   (e)  in the case of an offence under paragraph (eb)-

   (i)  a prescribed device was not presented to the person at the time of the
        making of the requirement; and

   (ii) a prescribed device was not available at the place or vehicle where
        the requirement was made at the time it was made; and

   (iii) a person authorised to carry out the prescribed procedure for the
        provision of a sample of oral fluid was not present at the place where
        the requirement was made at the time it was made; and

   (iv) the person requiring a sample of blood had not nominated a registered
        medical practitioner or approved health professional to take the
        sample; and

   (v)  a registered medical practitioner or approved health professional was
        not present at the place where the requirement was made at the time it
        was made.

(1B) To avoid doubt, in proceedings for an offence under paragraph (e) of
subsection (1) a state of affairs or circumstance referred to in subsection
(1A)(c)(i) or (ii) is not a reason of a substantial character for a refusal
for the purposes of section 55(9).

(1C) To avoid doubt, in proceedings for an offence under paragraph (eb) of
subsection (1) a state of affairs or circumstance referred to in subsection
(1A)(e)(i), (ii) or (iii) is not a reason of a substantial character for a
refusal for the purposes of section 55E(12).

http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/s49.html