Motor Traffic (Alcohol and Drugs) (Amendment) Act 1980 (ACT)

N o . 37 of 1980

An Ordinance to amend the Motor Traffic (Alcohol and Drugs)	Ordinance
1977

I, T H E G O V E R N O R - G E N E R A L of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following

Ordinance under the Seat of Government (Administration) Act 1910.

Dated this twelfth day of October 1980.

Z E L M A N C O W E N

Governor-General

By His Excellency's Command,

R. ELLICOTT

Minister of State for the Capital Territory

MOTOR TRAFFIC (ALCOHOL A N D DRUGS) ( A M E N D M E N T )

O R D I N A N C E 1980

Short title

(Amendment) Ordinance 1980.1 1. This Ordinance may be cited as the Motor Traffic (Alcohol and Drugs)

Principal Ordinance

(a)	has been designed and constructed for the purpose of analysing the
concentration of alcohol in a sample of a person's breath and showing

2. In this Ordinance, "Principal Ordinance" means the Motor Traffic

(Alcohol and Drugs) Ordinance 1977. 2

Interpretation

3. Section 4 of the Principal Ordinance is amended by omitting "of a type" from the definition of "approved breath analysing instrument" in sub-section (1).

Approval of instruments and types of devices

4. Section 5 of the Principal Ordinance is amended by omitting sub-section

(1) and substituting the following sub-section:

"(1) Where the Minister is of opinion that an instrument—

or recording a result that represents the concentration, in grams per

100 millilitres of blood, of alcohol in the blood of that person; and

(b) is suitable for use in analyses under Part II,

the Minister may, by notice in accordance with the form set out in the Schedule and affixed to the instrument, approve the instrument for the purposes of this Ordinance.".

Certificates to be evidence

5. Section 41 of the Principal Ordinance is amended—

(a) by inserting before paragraph (a) the following paragraph:

" (aa) a notice in accordance with the form set out in the Schedule, being a notice that purports to be signed by the Minister and that is affixed, by any means, to an instrument is prima facie evidence of the matters stated in the notice and of the facts on which they are based;";

(b) by omitting sub-paragraph (a) (iii) and substituting the following sub-paragraph:

"(iii) the instrument used in the analysis and that the instrument so
used was an approved breath analysing instrument;"; and

(c) by omitting sub-paragraph (b) (iii) and substituting the following sub-paragraph:

"(iii) the instrument available for the purpose of the analysis and that the instrument so available was an approved breath analysing instrument;".

Schedule

6. The Principal Ordinance is amended by adding at the end thereof the

following Schedule:

"SCHEDULE Sub-section 5 ( 1 )

A U S T R A L I A N C A P I T A L T E R R I T O R Y

Motor Traffic (Alcohol and Drugs) Ordinance 1977

N O T I C E O F A P P R O V A L O F B R E A T H A N A L Y S I N G I N S T R U M E N T

In pursuance of sub-section 5 ( 1 ) of the Motor Traffic (Alcohol and Drugs) Ordinance 1977,

I	the Minister of State for the Capital Territory, being of
opinion—

(a)	that the instrument to which this notice is affixed has been designed and constructed for the purpose of analysing the concentration of alcohol in a sample of a person's breath and showing or recording a result that represents the concentration, in grams per 100 millilitres of blood, of alcohol in the blood of that person; and
(b)	that the instrument is suitable for use in analyses under Part II of that Ordinance,

H E R E B Y	A P P R O V E the instrument for the purposes of the Motor	Traffic	(Alcohol	and	Drugs)
Ordinance	1977.

Dated this day of 19

Minister of State for the Capital Territory

N O T E S

1. Notified in the Commonwealth of Australia Gazette on 14 October 1980.

2.     Ordinance No. 17,1977 as amended by No. 52,1977; No. 46 ,1978.