Motor Traffic (Alcohol and Drugs) Regulations (Amendment) (ACT)

AUSTRALIAN CAPITAL TERRITORY

Regulations 1991   No. 121

Motor Traffic (Alcohol and Drugs) Regulations2 (Amendment)

The Australian Capital Territory Executive hereby makes the following Regulations under the Motor Traffic (Alcohol and Drugs) Act  1977.

Dated 20 May 1991.

BERNARD COLLAERY

Attorney-General

CRAIG DUBY

Minister

Principal Regulations

1.  In these Regulations, “Principal Regulations” means the Motor Traffic (Alcohol and Drugs) Regulations.

Statements required by subsection 12 (5)

2.  Regulation 9 of the Principal Regulations is amended by omitting “Part 1 or Part 2” and inserting “Part 1, Part 2 or Part 3”.

Schedule 4

3.  Schedule 4 of the Principal Regulations is amended by adding at the end the following Part:

PART  3—PARTICULARS TO BE INCLUDED IN A WRITTEN STATEMENT UNDER SUBSECTION 12 (5) WHEN BREATH ANALYSIS IS CARRIED OUT BY MEANS OF AN APPROVED BREATH ANALYSING INSTRUMENT OF THE TYPE KNOWN AS THE DRÄGER ALCOTEST 7110.

1.  The type and serial number of the instrument used in carrying out the breath analysis and the sample number of the test.

2.  The date, start time and location at which the test was carried out.

3.  The full name and date of birth of the person providing a sample of his or her breath for analysis.

4. The full name of the police officer who has custody of the person under section 11 of the Act (who may be referred to in the statement as the informant).

5.  The full name and rank of the approved operator.

6.  Whether self-tests were conducted on the instrument before and after analysis and the time and the result of any such test.

7.  If the breath sample was tested on “override” mode, that fact.

8.  The date on which and the time at which the sample of breath was analysed.

9.  The result of the breath analysis as shown by the instrument.

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NOTES

1.Notified in the ACT Gazette on 28 May 1991.

2.  Regulations 1977 No. 26 as amended by 1980 No. 15; 1984 No. 23; 1985 No. 26; Ordinance No. 21, 1989.

©  Australian Capital Territory 1991