Motor Traffic (Alcohol and Drugs) (Amendment) Act (No 2) 1999 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Motor Traffic (Alcohol and Drugs) (Amendment) Act (No. 2) 1999

No. 18 of 1999

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

[Notified in ACT Gazette S16: 14 April 1999]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Motor Traffic (Alcohol and Drugs) (Amendment) Act (No. 2) 1999.

2. Commencement

   This Act commences on the day on which it is notified in the Gazette.

3. Principal Act

   In this Act, “Principal Act” means the Motor Traffic (Alcohol and Drugs) Act 1977.1

4. Insertion

   Before section 29 of the Principal Act the following section is inserted:

5. Imprisonment—ss. 22, 23 and 24 offences

   Where—

   (a)a person is convicted of an offence against section 22, 23 or 24; and

(b)the Court considers that, in all the circumstances and having regard  to the antecedents of the person (including convictions for offences against this Act, against the Motor Traffic Act 1936 or for corresponding offences), that it is appropriate to do so;

the Court may, in addition to, or in substitution of, a pecuniary penalty, sentence the person to a term of imprisonment not exceeding—

(c)in the case of an offence by a first offender—6 months; or

(d)in the case of an offence by a repeat offender—12 months.”.

NOTE

Principal Act

1. Reprinted as at 2 March 1998. See also Act No. 11, 1999.

[Presentation speech made in Assembly on 26 November 1998]

©Australian Capital Territory 1999