Road Safety (Alcohol and Drugs) Amendment Act 2008 (TAS)

Road Safety (Alcohol and Drugs) Amendment Act 2008

An Act to amend the Road Safety (Alcohol and Drugs) Act 1970

[Royal Assent 2 May 2008]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Road Safety (Alcohol and Drugs) Amendment Act 2008 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Road Safety (Alcohol and Drugs) Act 1970 is referred to as the Principal Act. 4Section 2 amended (Interpretation) Section 2(1) of the Principal Act is amended as follows: (a) by omitting " section 3 (1) ." from the definition of supervising analyst and substituting " section 3 (1) ;"; (b) by inserting the following definition after the definition of supervising analyst : trace particle detection test means a test for the purpose of detecting traces of a prescribed illicit drug carried out by means of a device approved for the purpose of such a test by the Minister by notice in the Gazette. 5Section 5 amended (Powers of arrest, &c.) Section 5 of the Principal Act is amended by inserting after subsection (3) the following subsection: (4)  A police officer may, for the purpose of performing any function or exercising any power under this Act, enter a motor vehicle using such force as is necessary and reasonable. 6Section 7D insertedAfter section 7C of the Principal Act , the following section is inserted in Division 2: 7DTrace particle detection tests (1)  A police officer may direct any person who is driving a motor vehicle on a public street to stop his or her vehicle for the purpose of conducting a trace particle detection test. (2)  A direction may be given under subsection (1) whether or not the police officer has grounds for suspecting that a person may have a prescribed illicit drug in his or her blood. (3)  For the purpose of performing a trace particle detection test, a police officer may collect a sample from the steering wheel of a motor vehicle directed to stop under subsection (1) or required or directed to stop under any other provision of this Act. (4)  A police officer may use such force as is necessary and reasonable to collect a sample referred to in subsection (3) .

[Second reading presentation speech made in:

House of Assembly on 3 APRIL 2008

Legislative Council on 10 APRIL 2008]