Road Transport (Drink Driving) Legislation Amendment Bill 2010

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1 00 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Transport) Road Transport (Drink Driving) Legislation Amendment Contents Page Part Preliminary Name of Act Commencement Part Road Transport (Alcohol and Drugs) Act Legislation amended pt Meaning of special driver Section B () (f) (iv) Section B () (f) Section B () to () J00-

2 Contents Page Section B (), new definition of public passenger vehicle Section C Section D 0 Sections and Section Breath analysis Section () Section () (a) Section () (b) Section () Section () Precautions for privacy Section Restrictions on screening tests and breath analyses Section () Taking blood samples from people in custody Section () (b) 0 Section (), () and () Taking blood samples from people in hospital Section AA (), () and () Sections A and B Section () Section (), () and () Section A Protection of police officers and medical staff Section () (a) Section Defence if person did not intend to drive motor vehicle Section (b) New section A 0 Fines and imprisonment s offences Section Table, column heading Sections and 0 contents

3 Contents Page Automatic driver licence disqualification first offenders, s Section Table, column heading Automatic driver licence disqualification repeat offenders, s Section Table, column heading New section Additional powers of court Section Certificate of evidence Section () (a) (i) 0 Section () (a) (ii) Section () (a) (iv) and (ix) Section () (b) (i) Section () (b) (ii) Section () (b) (iv) Section () (c) Section () (d) Section () (f) Section () (h) Effect of noncompliance analysis of breath or blood Section () 0 0 Section () 0 Effect of noncompliance analysis of body sample Section A () 0 Section A () Effect of noncompliance refusal to give sample of breath Section B () Section B () Rehabilitation programs Part Power of arrest Section Penalty for escaping from custody Section contents

4 Contents Page New part Dictionary, new definition of analyst 0 Dictionary, definitions of approved analyst and approved breath analysis instrument Dictionary, definition of approved laboratory Dictionary, definitions of approved operator and approved screening device Dictionary, new definition of authorised operator Dictionary, definition of breath analysis Dictionary, new definition of breath analysis instrument Dictionary, definition of first offender Dictionary, new definition of heavy vehicle Dictionary, definition of level Dictionary, new definition of medicine 0 Dictionary, definition of prescribed concentration Dictionary, definition of repeat offender Dictionary, new definition of screening device Dictionary, definition of screening test Legislative instruments repealed Part Road Transport (Alcohol and Drugs) Regulation 000 Legislation amended pt New sections and Schedule heading Schedule, item Part Road Transport (Driver Licensing) Act Legislation amended pt 0 0 New section () (s) 0 Part Road Transport (Driver Licensing) Regulation 000 Legislation amended pt contents

5 Contents Page Section (), notes and Driver licence condition codes Table 0, item Section 0 (), note Section (), new definition of driving supervisor Section () Section () Section (), note Section A (), note 0 Section A (), note Section (), note Section (), new note Section (), new note Section, note Section (), note New division. New section () (p) Dictionary, new definitions Part Road Transport (General) Act Legislation amended pt 00 Sections and A 0 Division. heading 0 Section 0 Effect of disqualification Section () and () 0 Section 0 0 Dictionary, new definitions Part Road Transport (General) Regulation Legislation amended pt 0 Schedule, part. 0 Schedule, part., new item A contents

6 Contents Page Part Road Transport (Offences) Regulation 00 0 Legislation amended pt 0 Schedule, part., items 0 to Schedule, part., item Schedule, part., items and Schedule, part., items to Schedule, part., new item A Schedule, part., item contents

7 00 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Transport) Road Transport (Drink Driving) Legislation Amendment A Bill for An Act to amend legislation about driving under the influence of alcohol, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J00-

8 Part Preliminary Section Part Preliminary 0 0 Name of Act This Act is the Road Transport (Drink Driving) Legislation Amendment Act 00. Commencement () Section, section and section commence on the day after this Act s notification day. Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s ()). () The following provisions commence on a day fixed by the Minister by written notice: part section section section section section section 0. () However, if a provision mentioned in subsection () has not commenced within months beginning on this Act s notification day, the provision automatically commences on the first day after that period. () The Legislation Act, section (Automatic commencement of postponed law) does not apply to the provisions mentioned in subsection (). page

9 Preliminary Part Section () The remaining provisions commence on a day fixed by the Minister by written notice. Note A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s ()). Note If a provision, other than a provision mentioned in s (), has not commenced within months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s ). page

10 Part Road Transport (Alcohol and Drugs) Act Section Part Road Transport (Alcohol and Drugs) Act 0 0 Legislation amended pt This part amends the Road Transport (Alcohol and Drugs) Act. Note This part also repeals certain legislative instruments made under that Act (see s ). Meaning of special driver Section B () (f) (iv) (iv) a public passenger vehicle. Section B () (f) (f) the person is the driver of (i) a vehicle on which a sign, marking or placard is required to be displayed under the Dangerous Substances Act 00 or the Dangerous Goods (Road Transport) Act 00; or Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 0). (ii) a motor vehicle with a GVM of more than t; or (iii) a combination with a GCM of more than t; or (iv) a public passenger vehicle; or (g) the person is learning to drive a heavy vehicle; or page

11 Road Transport (Alcohol and Drugs) Act Part Section 0 0 (h) the person is a driving instructor who is with a driver for the purposes of (i) driver instruction; or (ii) driver assessment; or (i) the person is a heavy vehicle driver assessor who is with a driver for the purposes of driver assessment; or (j) the person is a driving supervisor who is with a person who holds a learner licence (a learner driver) while the learner driver drives a motor vehicle that displays, or ought to display, L-plates on a road or road related area. Section B () to () () In this section: driver assessment see the Road Transport (Driver Licensing) Regulation 000, dictionary. driver instruction see the Road Transport (Driver Licensing) Regulation 000, dictionary. driving instructor see the Road Transport (Driver Licensing) Regulation 000, dictionary. driving supervisor see the Road Transport (Driver Licensing) Regulation 000, section (). heavy vehicle driver assessor see the Road Transport (Driver Licensing) Regulation 000, dictionary. public passenger vehicle see the Road Transport (Public Passenger Services) Act 00, dictionary. page

12 Part Road Transport (Alcohol and Drugs) Act Section Section B (), new definition of public passenger vehicle insert public passenger vehicle see the Road Transport (Public Passenger Services) Act 00, dictionary. Section C 0 0 C D Meaning of prescribed concentration of alcohol For this Act, the prescribed concentration of alcohol in a person s blood or breath is (a) for a special driver more than 0g of alcohol in 00mL of blood or 0L of breath; or (b) for any other person 0.0g or more of alcohol in 00mL of blood or 0L of breath. How alcohol concentration may be expressed () For this Act, an analysis of a concentration of alcohol in a person s blood or breath may be expressed as follows: (a) the amount of alcohol, in grams, in 00mL of blood if the analysis is based on (i) a sample of blood; or (ii) a sample of breath measured by a breath analysis instrument; (b) the amount of alcohol, in grams, in 0L of breath if the analysis is based on a sample of breath measured by a breath analysis instrument. page

13 Road Transport (Alcohol and Drugs) Act Part Section E () For this Act, an amount of alcohol measured in grams as part of 0L of breath is equivalent to the same amount of alcohol in grams as part of 00mL of blood. Reference to level of alcohol concentration For this Act, a reference to a concentration of alcohol at a level mentioned in an item in table E, column, is a reference to the concentration of alcohol mentioned in the item, column, in 00mL of blood or 0L of breath. Table E column item column level column alcohol concentration range level less than 0.0g level 0.0g or more but less than 0.0g level 0.0g or more but less than 0.g level 0.g or more 0 Section D 0 F Meaning of first offender and repeat offender () A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence. () A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if (a) the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted page

14 Part Road Transport (Alcohol and Drugs) Act Section 0 0 or found guilty of the relevant offence when the person committed the disqualifying offence); or (b) the person is convicted or found guilty of or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and or more of the relevant offences were committed before the disqualifying offence. () However, a person who is convicted or found guilty of a disqualifying offence that was committed before the commencement of the Act 00, section, is a repeat offender in relation to the offence only if: (a) the person has been convicted or found guilty of a relevant offence within years before being convicted or found guilty of the disqualifying offence; or (b) the person is convicted or found guilty of or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and or more of the relevant offences were committed before the disqualifying offence. () Subsection () and this subsection expire years after the day this section commences. () In this section: relevant offence means (a) a disqualifying offence; or (b) a corresponding offence; or page

15 Road Transport (Alcohol and Drugs) Act Part Section 0 0 (c) an offence against the Crimes Act 00, section (Culpable driving of motor vehicle), in which the person who committed the offence was incapable of having proper control of a vehicle involved in the offence because of the influence of alcohol or a drug on the person. Note Found guilty, of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 00, s (Outstanding additional offences taken into account in sentencing), (see Legislation Act, dict, pt ). 0 Sections and Meaning of screening device In this Act: screening device means a device prescribed by regulation that is designed to analyse a sample of a person s breath to indicate if the person s blood or breath contains the presence of alcohol. Note A screening device is used to carry out a screening test (see pt ). 0 A Meaning of breath analysis instrument In this Act: breath analysis instrument means an instrument prescribed by regulation that is designed to analyse a sample of a person s breath to record the concentration of alcohol in the person s breath in either or both of the following: (a) in grams per 00mL of blood; (b) in grams per 0L of breath. Note A breath analysis instrument is used to carry out breath analysis (see pt ). page

16 Part Road Transport (Alcohol and Drugs) Act Section 0 B Testing screening devices and breath analysis instruments () A regulation may make provision in relation to the testing and maintenance of screening devices and breath analysis instruments. () Without limiting subsection (), a regulation may make provision for approval by the chief police officer of people to test and maintain screening devices and breath analysis instruments. 0 Authorisation of operators () The chief police officer may authorise a police officer to carry out breath analysis for this Act. () The chief police officer may authorise a police officer only if the chief police officer considers that the police officer is suitably qualified to carry out breath analysis. 0 A Register of authorised operators () The chief police officer must keep a register of police officers authorised under section. () The register (a) must include the service number of each police officer authorised under section ; and (b) may include any other information the chief police officer considers appropriate. () The register may be kept in the form of, or as part of, or more computer databases or in any other form the chief police officer considers appropriate. () The chief police officer may correct any mistake, error or omission in the register subject to any requirements prescribed by regulation. page 0

17 Road Transport (Alcohol and Drugs) Act Part Section 0 () The chief police officer may change a detail included in the register to keep the register up-to-date. () The register must be available for public inspection, free of charge, during normal business hours on any business day. Appointment of analysts The road transport authority may appoint a person as an analyst for this Act. Note For the making of appointments (including acting appointments), see the Legislation Act, pt.. Note In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s ()) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 0). A Approval of laboratories The road transport authority may, in writing, approve a laboratory or other entity as an approved laboratory for this Act. 0 Section Detention for breath analysis () This section applies if (a) a person undergoes a screening test under a requirement made by a police officer under section, section or section 0 and the screening device used for the test indicates that the concentration of alcohol in the person s blood or breath is the prescribed concentration; or page

18 Part Road Transport (Alcohol and Drugs) Act Section 0 0 (b) a person required by a police officer to undergo a screening test under section, section or section 0 fails or refuses to undergo the test in accordance with the directions of the police officer. () The police officer may take the person into custody. () If the police officer has reasonable cause to suspect that the person is a special driver, the police officer may take the person into custody if the concentration of alcohol in the person s blood or breath is the prescribed concentration for a special driver. () If a person is taken into custody under this section, a police officer must take the person, as soon as practicable, to a police station or other convenient place (for example, a police vehicle) for the person to undergo breath analysis. Example s () A person who is injured and is taken by a police officer to hospital for first aid and then to a police station for breath analysis has been taken to a police station as soon as practicable. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s and s ). Breath analysis Section () approved operator authorised operator page

19 Road Transport (Alcohol and Drugs) Act Part Section 0 0 Section () (a) (a) make provision for and in relation to the procedures to be followed by an authorised operator immediately before beginning a breath analysis, during the breath analysis and immediately after the completion of the breath analysis; and Section () (b) approved operator authorised operator Section () approved breath analysis instruments breath analysis instruments Section () approved operator authorised operator page

20 Part Road Transport (Alcohol and Drugs) Act Section 0 0 Precautions for privacy Section approved operator authorised operator Restrictions on screening tests and breath analyses Section () approved operator authorised operator Taking blood samples from people in custody Section () (b) an approved breath analysis instrument a breath analysis instrument 0 Section (), () and () () The doctor or nurse (the sample taker) taking a sample of blood from a person (the tested person) must (a) take the sample in the presence of a police officer; and (b) place the sample into a container; and page

21 Road Transport (Alcohol and Drugs) Act Part Section 0 0 (c) attach a label to the container that includes the following information: (i) the sample taker s name; (ii) the tested person s name; (iii) the date and time the sample was taken; and (d) ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and (e) put the sealed container into a one-way box. () The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst. Taking blood samples from people in hospital Section AA (), () and () () The person (the sample taker) taking a sample of blood from a patient must (a) place the sample into a container; and (b) attach a label to the container that includes the following information: (i) the sample taker s name; (ii) the patient s name; (iii) the date and time the sample was taken; and (c) ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and (d) put the sealed container into a one-way box. () The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst. page

22 Part Road Transport (Alcohol and Drugs) Act Section Sections A and B 0 0 A Analysis of blood samples () This section applies if, under section or section AA (a) a sample of blood is taken from a person (the tested person) for analysis; and (b) an analyst has collected the sealed container containing the sample from a one-way box. () The analyst must, as soon as practicable, arrange for the analysis of the sample of blood at an approved laboratory to work out the concentration of alcohol in the blood. () If a police officer has reasonable cause to suspect that the tested person has a medicine or drug other than alcohol in the person s body, or that the tested person s behaviour may be affected by the presence of a medicine or drug other than alcohol in the person s body, the police officer may ask the analyst to work out (a) whether or more medicines or drugs are present in the sample; and (b) if a medicine or drug is present in the sample the concentration, quantity or other measurement of the medicine or drug. () The analyst must, as far as practicable, comply with the police officer s request. () The analyst must take reasonable care to ensure that a part (the preserved part) of the sample sufficient for analysis to be carried out for the tested person is protected and preserved until (a) if a request is made under subsection () the preserved part is sent to the laboratory nominated by the tested person; or page

23 Road Transport (Alcohol and Drugs) Act Part Section 0 0 B (b) in any other case (i) year has passed since the sample was taken from the tested person; or (ii) a later time requested by the DPP under section B (Keeping of samples request by DPP). () Before the end of the period mentioned in subsection () (b), the tested person may ask that the preserved part of the sample be sent, at the tested person s expense, to a laboratory nominated by the person. () If a request is made under subsection (), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable. Blood analysis statement () As soon as practicable after an analysis of a sample of a person s blood is carried out under section A, the chief police officer must ensure the person is given a written statement that includes the following information: (a) the date and the time the blood sample was taken; (b) the unique identifying number on the tamper-evident seal; (c) the place where the blood sample was taken; (d) the result of the analysis; (e) the address where the preserved part of the blood sample is being held; (f) that the person will be notified, in writing, of a request (if any) by the DPP under section B (Keeping of samples request by DPP); page

24 Part Road Transport (Alcohol and Drugs) Act Section 0 0 (g) that the person may, before the end of the period mentioned in section A () (b), ask the analyst to send the preserved part of the blood sample to a laboratory nominated by the person, at the person s expense. () In this section: preserved part see section A (). Section () before drug other than alcohol insert medicine or Section (), () and () () The person (the sample taker) taking a sample from a person (the tested person) under this section must (a) place the sample into a container; and (b) attach a label to the container that includes the following information: (i) the sample taker s name; (ii) the patient s name; (iii) the date and time the sample was taken; and (c) ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and (d) put the sealed container into a one-way box. page

25 Road Transport (Alcohol and Drugs) Act Part Section () The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst. Section A 0 0 A Analysis of body samples () This section applies if, under section (a) a body sample is taken from a person (the tested person) for analysis; and (b) an analyst has collected the sealed container containing the sample from a one-way box. () The analyst must, as soon as practicable, arrange for the analysis of the sample at an approved laboratory to work out, as far as practicable (a) whether any medicine or drug other than alcohol was present in the person s body when the sample was taken; and (b) if the sample is of the person s blood the concentration, quantity or other measurement of a medicine or drug, other than alcohol, in the blood. () The analyst must take reasonable care to ensure that a part (the preserved part) of the sample sufficient for analysis to be carried out for the tested person is protected and preserved until (a) if a request is made under subsection () the preserved part is sent to the laboratory nominated by the tested person; or (b) in any other case (i) year has passed since the sample was taken from the tested person; or page

26 Part Road Transport (Alcohol and Drugs) Act Section 0 0 B (ii) a later time requested by the DPP under section B (Keeping of samples request by DPP). () Before the end of the period mentioned in subsection () (b), the tested person may ask that the preserved part of the sample be sent, at the tested person s expense, to a laboratory nominated by the person. () If a request is made under subsection (), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable. Keeping of samples request by DPP () This section applies if (a) year has passed since a sample of blood or a body sample was taken from a person (the tested person) under this part; and (b) the preserved part of the sample has not been sent to a nominated laboratory under section A () or section A (); and (c) a proceeding against the tested person (i) has not yet begun; or (ii) has begun and not yet been finally decided (including any appeals). () The DPP may ask the approved laboratory where the analysis was carried out to keep the preserved part of the sample until the end of the proceeding (including any appeals). () In this section: preserved part see section A (). page 0

27 Road Transport (Alcohol and Drugs) Act Part Section C Destruction of samples () This section applies to the part of a sample preserved under section A () (Analysis of blood samples) or section A () (Analysis of body samples). () An analyst must arrange for the preserved part to be destroyed after the end of the period for which the preserved part must be kept under section A () (b) or section A () (b). 0 0 Protection of police officers and medical staff Section () (a) approved operator authorised operator Section Prescribed concentration of alcohol in blood or breath () A person commits an offence if the person (a) has been the driver of a motor vehicle on a public street or in a public place; and (b) has, within the relevant period, the prescribed concentration of alcohol in the person s blood or breath. () A person convicted of an offence under this section is punishable in accordance with section. () In a proceeding for an offence against subsection (), evidence may be given of the concentration of alcohol in the person s blood or breath based on page

28 Part Road Transport (Alcohol and Drugs) Act Section 0 0 (a) for proof of the concentration of alcohol in the person s blood or breath an analysis of a sample of the person s breath carried out in accordance with this Act; or (b) for proof of the concentration of alcohol in the person s blood an analysis of a sample of the person s blood carried out at an approved laboratory and certified accurate by an analyst. () In this section: relevant period means the period beginning when the person ceased to be the driver of the vehicle and ending at the latest time when (a) a breath analysis of the person could be carried out under this Act; or (b) if a sample of the person s blood was taken under section or section AA a sample of the person s blood could be taken under the section. Defence if person did not intend to drive motor vehicle Section (b) (b) the person did not intend to drive the motor vehicle until a time when the concentration of alcohol in the person s blood or breath was no longer the prescribed concentration for the person. New section A insert A Defence if special driver with lower concentration of alcohol from allowable source () This section applies if page

29 Road Transport (Alcohol and Drugs) Act Part Section (a) a person is a special driver charged with an offence against section ; and (b) the concentration of alcohol in the person s blood or breath is not more than 0.0g in 00mL of the person s blood or 0L of the person s breath. () It is a defence to a prosecution for the offence if the defendant proves that the concentration of alcohol in the defendant s blood or breath was caused by (a) the consumption of an alcoholic beverage that formed part of a religious observance; or (b) the consumption or use of a substance that was not, entirely or partly, consumed or used for its alcohol content. Example substance food or medicine that contains alcohol Note A defendant has a legal burden in relation to the matters mentioned in s () (see Criminal Code, s ). Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s and s ). 0 Fines and imprisonment s offences Section after person s blood insert or breath page

30 Part Road Transport (Alcohol and Drugs) Act Section 0 Table, column heading column alcohol concentration level Sections and 0 Automatic driver licence disqualification first offenders, s Section after person s blood insert or breath Table, column heading column alcohol concentration level page

31 Road Transport (Alcohol and Drugs) Act Part Section 0 0 Automatic driver licence disqualification repeat offenders, s Section after person s blood insert or breath Table, column heading column alcohol concentration level New section insert Automatic driver licence disqualification immediate suspension period () This section applies to a person if the person (a) is given an immediate suspension notice; and (b) is convicted or found guilty of the immediate suspension offence to which the notice relates; and (c) is disqualified under this part from holding or obtaining a driver licence. page

32 Part Road Transport (Alcohol and Drugs) Act Section 0 0 () The period for which the person is disqualified from holding or obtaining a driver licence under this part (including any period of minimum disqualification under section or section ) is reduced by the period that the person s driver licence was suspended under the Road Transport (General) Act, section A. () However, subsection () does not apply if, on hearing the charge for the immediate suspension offence, a court is satisfied that the person did not comply with the immediate suspension notice. () In this section: immediate suspension notice see the Road Transport (General) Act, dictionary. immediate suspension offence see the Road Transport (General) Act, dictionary. Additional powers of court Section Certificate of evidence Section () (a) (i) approved operator authorised operator page

33 Road Transport (Alcohol and Drugs) Act Part Section Section () (a) (ii) an approved breath analysis instrument a breath analysis instrument Section () (a) (iv) and (ix) approved breath analysis instrument breath analysis instrument Section () (b) (i) approved operator authorised operator Section () (b) (ii) an approved breath analysis instrument a breath analysis instrument page

34 Part Road Transport (Alcohol and Drugs) Act Section 0 0 Section () (b) (iv) approved breath analysis instrument breath analysis instrument Section () (c) an approved breath analysis instrument a breath analysis instrument Section () (d) (d) a certificate that appears to be signed by a person who is a doctor or nurse and states the following is evidence of the matter: (i) that the person is a doctor or nurse; (ii) that the person took a sample of blood or other body sample from a person mentioned in the certificate (the relevant person) on a stated day, at a stated time, in a stated place; (iii) that the person placed the sample of blood or other body sample into a container; (iv) that the person attached a label to the container that contained the following information: (A) the person s name; page

35 Road Transport (Alcohol and Drugs) Act Part Section 0 0 (B) the relevant person s name; (C) the date and time the sample was taken; (v) that the person sealed the container with a tamper-evident seal that had a stated unique identifying number on it; (vi) that the person placed the sealed container into a one-way box; (vii) if the sample was taken under section that, when the sample was taken, the person believed that the relevant person was, at that time, because of the relevant person s medical condition, incapable of giving or refusing permission to take a sample of blood. Section () (f) Section () (h) (h) a certificate that appears to be signed by a person who is an analyst and states the following is evidence of the matter: (i) that the person is an analyst; (ii) that a blood sample or body sample (the analysed sample) was analysed at an approved laboratory; (iii) that the analysed sample was in a container (A) labelled in accordance with section () (Taking blood samples from people in custody), section AA () (Taking blood samples from people in hospital) or section () (Medical examinations); and page

36 Part Road Transport (Alcohol and Drugs) Act Section 0 0 (B) sealed with a tamper-evident seal marked with a stated unique identifying number; (iv) that the tamper-evident seal did not appear to have been interfered with; (v) the analysis to which the analysed sample was subjected; (vi) the result of the analysis; (vii) that the analysis was accurate. Effect of noncompliance analysis of breath or blood Section () after provision insert (a testing provision) 0 Section () () The court must dismiss the charge unless satisfied that despite the failure to comply with a testing provision the result obtained in the breath analysis, or the blood sample analysis, would have been the prescribed concentration for the person. Effect of noncompliance analysis of body sample Section A () after provision insert (a testing provision) page 0

37 Road Transport (Alcohol and Drugs) Act Part Section 0 0 Section A () the provision of this Act mentioned in subsection () the testing provision Effect of noncompliance refusal to give sample of breath Section B () after provision insert (a testing provision) Section B () () The court must dismiss the charge unless satisfied that despite the failure to comply with a testing provision the result obtained in a breath analysis, if it had taken place, would have been the prescribed concentration for the person. Rehabilitation programs Part page

38 Part Road Transport (Alcohol and Drugs) Act Section 0 Power of arrest Section an approved screening device a screening device Penalty for escaping from custody Section New part insert Part Transitional Road Transport (Drink Driving) Legislation Amendment Act Meaning of commencement day pt () In this part: commencement day means the day the Road Transport (Drink Driving) Legislation Amendment Act 00, section 0 commences. () This section expires months after the day it commences. 0 Approved operator authorisation in force before commencement day () This section applies if page

39 Road Transport (Alcohol and Drugs) Act Part Section 0 0 (a) before the commencement day, the chief police officer authorised a police officer under section () (Approval of operators, analysts and laboratories) to carry out breath analysis; and (b) immediately before the commencement day the authorisation was in force. () The police officer is taken to be an authorised officer for this Act for months starting on the commencement day unless the authorisation is earlier ended. () This section expires months after the day it commences. 0 Approved analyst appointment in force before commencement day () This section applies if (a) before the commencement day, the Minister appointed a person as an approved analyst under section () (Approval of operators, analysts and laboratories); and (b) immediately before the commencement day the appointment was in force. () The appointment is taken to be an appointment under section (Appointment of analysts) and continues in force for months starting on the commencement day unless earlier ended. () This section expires months after the day it commences. 0 Approved laboratory approval in force before commencement day () This section applies if page

40 Part Road Transport (Alcohol and Drugs) Act Section 0 0 (a) before the commencement day, the Minister approved a laboratory or other entity (however described) under section () (Approval of operators, analysts and laboratories) as an approved laboratory; and (b) immediately before the commencement day the approval was in force. () The approval is taken to be an approval under section A (Approval of laboratories) and continues in force for months starting on the commencement day unless earlier ended. () This section expires months after the day it commences. 0 Transitional regulations () A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Road Transport (Drink Driving) Legislation Amendment Act 00. () A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive s opinion, is not, or is not adequately or appropriately, dealt with in this part. () A regulation under subsection () has effect despite anything else in this Act or another territory law. 0 Expiry pt () This part expires years after the day it commences. () This part is a law to which the Legislation Act, section (repeal does not end effect of transitional laws etc) applies. page

41 Road Transport (Alcohol and Drugs) Act Part Section 0 0 Dictionary, new definition of analyst insert analyst means a person appointed by the road transport authority under section. 0 Dictionary, definitions of approved analyst and approved breath analysis instrument Dictionary, definition of approved laboratory approved laboratory means a laboratory or other entity approved by the road transport authority under section A. Dictionary, definitions of approved operator and approved screening device Dictionary, new definition of authorised operator insert authorised operator means a police officer whose service number is included in the register kept under section A. Dictionary, definition of breath analysis means of an approved breath analysis instrument a breath analysis instrument page

42 Part Road Transport (Alcohol and Drugs) Act Section 0 0 Dictionary, new definition of breath analysis instrument insert breath analysis instrument see section A. Dictionary, definition of first offender section D section F Dictionary, new definition of heavy vehicle insert heavy vehicle see the Road Transport (Vehicle Registration) Act, dictionary. Dictionary, definition of level level, for a concentration of alcohol in blood or breath see section E. Dictionary, new definition of medicine insert medicine see the Medicines, Poisons and Therapeutic Goods Act 00, dictionary. page

43 Road Transport (Alcohol and Drugs) Act Part Section Dictionary, definition of prescribed concentration prescribed concentration means (a) for a special driver see section C (a); and (b) for any other person see section C (b). Dictionary, definition of repeat offender section D section F Dictionary, new definition of screening device insert screening device see section. Dictionary, definition of screening test means of an approved screening device a screening device Legislative instruments repealed All legislative instruments under the Road Transport (Alcohol and Drugs) Act, section are repealed. page

44 Part Road Transport (Alcohol and Drugs) Regulation 000 Section Part Road Transport (Alcohol and Drugs) Regulation Legislation amended pt This part amends the Road Transport (Alcohol and Drugs) Regulation 000. New sections and insert Screening device Act, s, def screening device The following devices are prescribed: (a) Alcolizer LE; (b) lion alcolmeter SD-00. Breath analysis instrument Act, s A, def breath analysis instrument The Dräger Alcotest 0 MKV is prescribed. page

45 Road Transport (Alcohol and Drugs) Regulation 000 Part Section Schedule heading Schedule Particulars for breath analysis carried out using a Dräger Alcotest 0 MKV 0 Schedule, item approved operator authorised operator page

46 Part Road Transport (Driver Licensing) Act Section Part Road Transport (Driver Licensing) Act 0 Legislation amended pt This part amends the Road Transport (Driver Licensing) Act. 0 New section () (s) insert (s) require a person convicted or found guilty of a disqualifying offence against the Road Transport (Alcohol and Drugs) Act to complete a course approved by the road transport authority about the effects of alcohol, including its effects on driving and health. page 0

47 Road Transport (Driver Licensing) Regulation 000 Part Section Part Road Transport (Driver Licensing) Regulation Legislation amended pt This part amends the Road Transport (Driver Licensing) Regulation 000. Section (), notes and Note Note A person is not eligible to apply for a restricted licence if any of the following provisions of the Road Transport (General) Act apply to the person: s A (which is about disqualification in another jurisdiction) s (which is about disqualification of repeat offenders) s A () (which is about disqualification of a first offender, under the Road Transport (Alcohol and Drugs) Act, who exceeds the prescribed concentration of alcohol for the person by 0.0g or more) s B (which is about disqualification until a court orders otherwise) s C (which is about disqualification while holding a restricted licence) s () (which is about suspension or disqualification for default in payment of an outstanding fine). Under the Road Transport (General) Act, s A () and (), a person disqualified from holding a driver licence under an automatic disqualification provision (see Road Transport (General) Act, s A), other than as a first offender under the Road Transport (Alcohol and Drugs) Act, is not eligible to apply for a restricted licence during the minimum period of disqualification. page

48 Part Road Transport (Driver Licensing) Regulation 000 Section Driver licence condition codes Table 0, item The licence holder must not drive a motor vehicle if the holder has a concentration of alcohol of more than 0g in 00mL of blood or 0L of breath. Section 0 (), note Z 0 0 Section (), new definition of driving supervisor insert driving supervisor means a person, other than a driving instructor, who holds a full car licence, or a full licence of a higher class, and who is performing driver instruction. Section () person who holds a full car licence or a full licence of a higher class driving supervisor Section () person driving supervisor page

49 Road Transport (Driver Licensing) Regulation 000 Part Section 0 0 Section (), note Section A (), note 0 Section A (), note Section (), note Section (), new note insert Note Under s E (), the road transport authority must not issue a restricted licence to a person required to complete an alcohol awareness course unless the person has given the authority written evidence that the person has completed the course. Section (), new note insert Note Under s D (), the road transport authority must not issue a probationary licence to a person whose driver licence has been disqualified as a consequence of a conviction, or finding of guilt, for an offence against the Road Transport (Alcohol and Drugs) Act if the person has not given the authority written evidence that the person has completed an alcohol awareness course. Section, note page

50 Part Road Transport (Driver Licensing) Regulation 000 Section Section (), note New division. insert Division. Alcohol awareness courses 0 A Application div. This part applies to a person who commits a disqualifying offence on or after the day the Act, section () (s) commences. B Definitions div. In this division: alcohol awareness course means a course approved under section I (Alcohol awareness course approval). disqualifying offence see the Road Transport (Alcohol and Drugs) Act, dictionary. 0 C Requirement to complete alcohol awareness course person not disqualified () This section applies to a person who (a) is found guilty of a disqualifying offence; and (b) is not disqualified from holding or obtaining a driver licence; and (c) has not completed an alcohol awareness course within the previous months. () The person must complete an alcohol awareness course within months after being found guilty of the disqualifying offence. page

51 Road Transport (Driver Licensing) Regulation 000 Part Section 0 0 D () If the person does not complete an alcohol awareness course and give the road transport authority written evidence to that effect within the -month period, the authority must suspend the person s driver licence. () However, the road transport authority must end the suspension if the authority receives written evidence that the person has completed an alcohol awareness course. Requirement to complete alcohol awareness course person disqualified and not eligible for restricted licence () This section applies to a person who (a) is convicted or found guilty of a disqualifying offence; and (b) is disqualified from holding or obtaining a driver licence; and (c) is not eligible to apply for, or be issued with, a restricted licence; and (d) has not completed an alcohol awareness course within the previous months. () The person must complete an alcohol awareness course before the end of the period of disqualification. () Despite section () (When probationary licence must be issued), if the person does not complete an alcohol awareness course and give the road transport authority written evidence to that effect before the end of the period of disqualification, the authority must not issue a probationary licence to the person. () However, the road transport authority must issue a probationary licence to the person if the authority receives written evidence that the person has completed an alcohol awareness course after the end of the disqualification period. page

52 Part Road Transport (Driver Licensing) Regulation 000 Section 0 0 E F Requirement to complete alcohol awareness course person disqualified and eligible for restricted licence () This section applies to a person if (a) the person is convicted or found guilty of a disqualifying offence; and (b) the person is disqualified from holding or obtaining a driver licence; and (c) the Magistrates Court has made an order authorising the road transport authority to issue a restricted licence to the person; and (d) the person has not completed an alcohol awareness course within the previous months. () Despite section (Issue of restricted licence by road transport authority), the road transport authority must not issue a restricted licence to the person unless the person has completed an alcohol awareness course and given the road transport authority written evidence to that effect. Requirement to complete alcohol awareness course person no longer disqualified and eligible for provisional licence () This section applies to a person if (a) the person was convicted or found guilty of a disqualifying offence; and (b) the person was disqualified from holding or obtaining a driver licence for the offence; and (c) the Magistrates Court made an order authorising the road transport authority to issue a restricted licence to the person for the period of disqualification; and page

53 Road Transport (Driver Licensing) Regulation 000 Part Section 0 0 G H (d) the person (i) did not apply for, or was not issued with, a restricted licence; and (ii) is eligible to apply for, or be issued with, a provisional licence because the person is no longer disqualified from holding or obtaining a provisional driver licence; and (iii) has not completed an alcohol awareness course within the previous months. () Despite section () (When probationary licence must be issued), the road transport authority must not issue a probationary licence to the person unless the person has completed an alcohol awareness course and given the road transport authority written evidence to that effect. Exemption from alcohol awareness course application () The road transport authority may, on application, grant a person an exemption from the requirement to complete an alcohol awareness course because of exceptional circumstances. () The road transport authority may, in writing, require the applicant to give the authority additional information or documents that the authority reasonably needs to decide the application. () If the applicant does not comply with a requirement under subsection (), the road transport authority may refuse to consider the application. Exemption from alcohol awareness course decision on application () On an application by a person for an exemption from the requirement to attend an alcohol awareness course, the road transport authority must page

54 Part Road Transport (Driver Licensing) Regulation 000 Section 0 I (a) grant the exemption; or (b) refuse to grant the exemption. () The road transport authority must refuse to grant the exemption if satisfied on reasonable grounds that exceptional circumstances do not exist for granting the exemption. Alcohol awareness course approval () The road transport authority may approve a course (an alcohol awareness course) about the effects of alcohol, including its effects on driving and health. () An approval is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 0 New section () (p) before the note, insert (p) the person has failed to complete an alcohol awareness course as required under section C (Requirement to complete alcohol awareness course person not disqualified). Dictionary, new definitions insert alcohol awareness course, for division. (Alcohol awareness courses) see section B. disqualifying offence, for division. (Alcohol awareness courses) see section B. page

55 Road Transport (General) Act Part Section Part Road Transport (General) Act 0 0 Legislation amended pt This part amends the Road Transport (General) Act. 00 Sections and A Police officer or authorised person may require name, date of birth, address and driver licence driver or rider () A police officer or authorised person may, in the execution of any of his or her functions under the road transport legislation, require the driver of a vehicle, or the rider of an animal, to do any or all of the following: (a) for the driver of a motor vehicle produce the person s Australian driver licence or external driver licence; (b) state the person s name; (c) state the person s date of birth; (d) state the person s home address. () A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (). Maximum penalty: 0 penalty units. Note It is an offence to produce false or misleading documents (see Criminal Code, s ). () It is a defence to a prosecution for an offence against subsection () (a) if the defendant page

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