Road Safety Legislation Amendment Act 2024 (ACT)
Road Safety Legislation Amendment Act 2024
A2024-20
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2 Road Transport (Alcohol and Drugs) Act 1997
4Offences against Act—application of Criminal Code etc
Section 4, note 1, new dot point 35 Meaning of first offender and repeat offenderNew section 4F (2) (d) 3
6 Power to enter premises for alcohol screening testSection 10A (1) (b) 3
7 Power to enter premises for drug screening testSection 13CA (1) (b) 4
8 Prescribed concentration of alcohol in blood or breathSection 19 (1), new penalty 4
9 Section 19 (3) 5
10 New table 19 5
11 Section 19A heading 5
12 Section 19A 6
13 Section 19A, new note 6
14 Section 19B heading 6
15 Prescribed drug in oral fluid or blood—driver or driver trainerSection 20 (1), penalty 6
16 Section 20 (6), definition of relevant period 7
17 New sections 21 to 21C 7
18 Refusing to provide breath sampleSection 22 12
19 Section 22, new penalty 12
20 New section 22 (2) 12
21 Refusing to provide oral fluid sampleSection 22A (2), penalty 13
22 Section 22A (4), except note 13
23 Failing to stay for screening testSection 22B (1), penalty 13
24 Refusing to undergo screening testSection 22C (1), penalty 13
25 Section 22C (3), except note 14
26 Refusing blood test etcSection 23 (1), penalty 14
27 New section 23 (1A) 14
28 Section 23 (2) 14
29 Section 23 (2), new penalty 15
30 Section 23 (3) 15
31 Section 23 (3) 15
32 Driving under the influence of intoxicating liquor or a drugSection 24 (1), penalty 15
33 Part 4 heading 16
34 Sections 26 to 34 16
35 Automatic driver licence disqualification—immediate suspension periodSection 35 (2) 21
36 Evidence for insurance purposesSection 41A (5), definition of relevant offence, paragraph (a) 21
37 Section 41A (5), definition of relevant offence, new paragraph (ba) 22
38 Dictionary, definition of disqualifying offence, new paragraph (ba) 22
39 Dictionary, definition of prescribed drug 22
Part 3Road Transport (Alcohol and Drugs) Regulation 2000
40 New section 5A 23
41 Prescribed drugs—Act, dict, def prescribed drugNew section 5A (d) 23
Part 4Road Transport (Driver Licensing) Regulation 2000
42 Eligibility to apply to Magistrates Court for order authorising issue of restricted licenceSection 45 (2), note 1, 3rd dot point 24
43 Section 45 (2), note 2 24
44 Definitions—div 3.14Section 73K, definition of drug-related disqualifying offence, new paragraph (aa) 24
45 Mandatory interlock conditionNew section 73T (1) (a) (i) (AA) 24
46 New section 73T (1) (a) (i) (E) 24
47 Dictionary, definition of alcohol related disqualifying offence, new paragraph (a) (ia) 25
Part 5Road Transport (General) Act 1999
48 Regulations about infringement notice offencesNew section 23 (6) 26
49 Infringement noticesNew section 24 (2A) 26
50 Meaning of first offender and repeat offender—s 60Section 60A (2) (a) 26
51 Definitions—div 4.2Section 61A, definition of automatic disqualification provision, paragraphs (d) to (f) 27
52 Section 61A, definition of driver trainer 28
53 Section 61A, definition of immediate suspension offence, paragraph (b) 28
54 Section 61A, definition of special driver 29
55 Immediate suspension of licenceSection 61B (5) and (6) 29
56 New sections 61BA to 61BC 29
57 Eligibility of disqualified first offender for restricted licence—automatic disqualification provisionsSection 67A (2) (a) 32
58 Section 67A (4) 32
59 Section 67A (5), example 2 32
60 Section 67A (5), note 32
61 Section 67A (6) 32
Part 6Road Transport (Offences) Regulation 2005
62 Schedule 1, part 1.3 33
63Road Transport (Alcohol and Drugs) Act 1977
Schedule 1, part 1.3, item 5 55Part 7Road Transport (Road Rules) Regulation 2017
64 Dictionary, new definition of mobile device 59
Part 8Road Transport (Safety and Traffic Management) Act 1999
65 Meaning of first offender and repeat offender—div 2.1Section 5AB (2) (a) 60
66 Aggravated offence—furious, reckless or dangerous drivingSection 7A (4), definition of repeat offender, paragraph (a) 60
67 Definitions—pt 6Section 22A, definition of mobile device 60
68 Dictionary, definition of mobile device 60
Schedule 1 Consequential Amendments 61
Part 1.1 Lakes Act 1976 61
Part 1.2 Motor Accident Injuries Act 2019 61
Road Safety Legislation Amendment Act 2024
A2024-20
An Act to amend legislation about road safety, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Road Safety Legislation Amendment Act 2024.
Commencement
(1)This Act (other than the provisions mentioned in subsection (2)) commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)The following provisions commence on 1 January 2025:
· section 5
· section 41
· section 63.
Legislation amended
This Act amends the following legislation:
· Road Transport (Alcohol and Drugs) Act 1977
· Road Transport (Alcohol and Drugs) Regulation 2000
· Road Transport (Driver Licensing) Regulation 2000
· Road Transport (General) Act 1999
· Road Transport (Offences) Regulation 2005
· Road Transport (Road Rules) Regulation 2017
· Road Transport (Safety and Traffic Management) Act 1999.
NoteThis Act also amends other legislation (see sch 1).
Part 2Road Transport (Alcohol and Drugs) Act 1997
Offences against Act—application of Criminal Code etc
Section 4, note 1, new dot pointinsert
· s 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid)
Meaning of first offender and repeat offender
New section 4F (2) (d)insert
(d)at any time before the disqualifying offence was committed, the person has—
(i)been issued with an infringement notice for a relevant offence other than a corresponding offence; and
(ii)not disputed the infringement notice within the time allowed for the person to dispute the notice.
Power to enter premises for alcohol screening test
Section 10A (1) (b)substitute
(b)suspects on reasonable grounds that the person has committed an offence against one of the following provisions:
(i)section 19 (Prescribed concentration of alcohol in blood or breath);
(ii)section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer);
(iii)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid);
(iv)section 24 (Driving under the influence of intoxicating liquor or a drug); and
Power to enter premises for drug screening test
Section 13CA (1) (b)substitute
(b)suspects on reasonable grounds that the person has committed an offence against one of the following provisions:
(i)section 19 (Prescribed concentration of alcohol in blood or breath);
(ii)section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer);
(iii)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid);
(iv)section 24 (Driving under the influence of intoxicating liquor or a drug); and
Prescribed concentration of alcohol in blood or breath
Section 19 (1), new penaltyinsert
Maximum penalty:
(a)for a first offender—the penalty mentioned in table 19, column 3 for the concentration of alcohol at a level specified in column 2; or
(b)for a repeat offender—the penalty mentioned in table 19, column 4 for the concentration of alcohol at a level specified in column 2.
NoteA person other than a special driver does not commit an offence against s (1) if the concentration of alcohol in the person’s blood or breath is at level 1 (see s 4C and s 4E).
Section 19 (3)
substitute
(3)A driver trainer convicted of an offence against subsection (1) is not punishable by imprisonment.
New table 19
after subsection (5), insert
Table 19
| column 1 item | column 2 alcohol concentration level | column 3 maximum penalty—first offender | column 4 maximum penalty—repeat offender |
| 1 | level 1 | 25 penalty units | 50 penalty units, imprisonment for 6 months or both |
| 2 | level 2 | 25 penalty units | 50 penalty units, imprisonment for 6 months or both |
| 3 | level 3 | 50 penalty units, imprisonment for 6 months or both | 100 penalty units, imprisonment for 12 months or both |
| 4 | level 4 | 75 penalty units, imprisonment for 9 months or both | 150 penalty units, imprisonment for 18 months or both |
Section 19A heading
substitute
19ADefence if person did not intend to drive motor vehicle—s 19
Section 19A
omit
establishes
substitute
proves
Section 19A, new note
insert
NoteThe defendant has a legal burden in relation to the matters mentioned in this section (see Criminal Code, s 59).
Section 19B heading
substitute
19BDefence if special driver with lower concentration of alcohol from allowable source—s 19
Prescribed drug in oral fluid or blood—driver or driver trainer
Section 20 (1), penaltysubstitute
Maximum penalty:
(a)for a first offender—25 penalty units; or
(b)for a repeat offender—
(i)if the offender is the driver—50 penalty units, imprisonment for 6 months or both; and
(ii)if the offender is the driver trainer—50 penalty units.
Section 20 (6), definition of relevant period
omit
may
substitute
could
New sections 21 to 21C
insert
Prescribed concentration of alcohol and prescribed drug in bodily fluid
(1)A person commits an offence if the person—
(a)has been—
(i)the driver of a motor vehicle on a road or road related area; or
(ii)the driver trainer in a motor vehicle on a road or road related area; and
(b)has, within the relevant period, the prescribed concentration of alcohol in the person’s blood or breath; and
(c)has, within the relevant period, a prescribed drug in the person’s oral fluid or blood.
Maximum penalty:
(a)for a first offender—the penalty mentioned in table 21, column 3 for the concentration of alcohol at a level specified in column 2; or
(b)for a repeat offender—the penalty mentioned in table 21, column 4 for the concentration of alcohol at a level specified in column 2.
NoteA person other than a special driver does not commit an offence against s (1) if the concentration of alcohol in the person’s blood or breath is at level 1 (see s 4C and s 4E).
(2)Strict liability applies to subsection (1).
(3)A driver trainer convicted of an offence against subsection (1) is not punishable by imprisonment.
(4)A defendant in a prosecution for an offence against this section cannot rely on the Criminal Code, section 36 (Mistake of fact—strict liability) in relation to the identity of the prescribed drug if the defendant claims to have—
(a)considered, and been under a mistaken belief about, the identity of the prescribed drug; and
(b)believed that the prescribed drug was a controlled drug.
(5)A defendant in a prosecution for an offence against this section cannot rely on the Criminal Code, section 36 (Mistake of fact—strict liability) in relation to having delta-9-tetrahydrocannabinol in the defendant’s oral fluid or blood if the defendant’s mistake relates to the effect of consumption of a cannabis food product on the presence of delta-9-tetrahydrocannabinol in the defendant’s oral fluid or blood.
(6)In a proceeding for an offence against subsection (1), evidence may be given of the concentration of alcohol in the person’s blood or breath based on—
(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.
(7)In a proceeding for an offence against subsection (1), evidence may be given that a person has a prescribed drug in the person’s oral fluid or blood based on—
(a)for proof of the presence of a prescribed drug in the person’s oral fluid—an analysis of a part of a sample of the person’s oral fluid under section 13G (Oral fluid—confirmatory analysis) that indicates that a prescribed drug is present in the sample; or
(b)for proof of the presence of a prescribed drug in the person’s blood—an analysis of a part of a sample of the person’s blood under section 15A (Analysis of blood samples) that indicates that a prescribed drug is present in the sample.
(8)In this section:
cannabis food product—see the Drugs of Dependence Act 1989, section 6.
controlled drug—see the Criminal Code, section 600.
relevant period means the period beginning when the person stopped being the driver of the vehicle or the driver trainer in the vehicle and ending at the latest time when—
(a)both of the following could be carried out under this Act:
(i)a breath analysis of the person;
(ii)an oral fluid analysis of the person; or
(b)if a sample of the person’s blood was taken under section 15 (Taking blood samples from people in custody) or section 15AA (Taking blood samples from people in hospital)—a sample of the person’s blood could be taken under the section.
Table 21
| column 1 item | column 2 alcohol concentration level | column 3 maximum penalty—first offender | column 4 maximum penalty—repeat offender |
| 1 | level 1 | 50 penalty units | 100 penalty units, imprisonment for 12 months or both |
| 2 | level 2 | 50 penalty units | 100 penalty units, imprisonment for 12 months or both |
| 3 | level 3 | 75 penalty units, imprisonment for 9 months or both | 150 penalty units, imprisonment for 18 months or both |
| 4 | level 4 | 100 penalty units, imprisonment for 12 months or both | 200 penalty units, imprisonment for 2 years or both |
21ADefence if person did not intend to drive motor vehicle—s 21
If a person charged with an offence against section 21 was the driver of a motor vehicle only for the reason that the person was in, and in charge of, a motor vehicle on a road or road related area, it is a defence if the person charged proves that—
(a)the person had not started, or attempted to start, the motor vehicle and had not put, or attempted to put, the motor vehicle in motion; and
(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.
NoteThe defendant has a legal burden in relation to the matters mentioned in this section (see Criminal Code, s 59).
21BDefence if special driver with lower concentration of alcohol from allowable source—s 21
(1)This section applies if—
(a)a person is a special driver charged with an offence against section 21; and
(b)the concentration of alcohol in the person’s blood or breath within the relevant period was less than 0.02g in 100mL of the person’s blood or 210L of the person’s breath.
(2)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
NoteA defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
21CAlternative verdicts—prescribed concentration of alcohol and prescribed drug in bodily fluid
(1)This section applies if, in a prosecution for an offence against section 21, the trier of fact—
(a)is satisfied beyond reasonable doubt that the defendant committed an offence against—
(i)section 19; or
(ii)section 20; but
(b)is not satisfied that the defendant committed an offence against section 21.
(2)The trier of fact may find the defendant guilty of an offence against section 19 or section 20 but not guilty of an offence against section 21, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Refusing to provide breath sample
Section 22omit
punishable, on conviction, by a maximum fine of 30 penalty units
Section 22, new penalty
insert
Maximum penalty:
(a)for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b)for a repeat offender—200 penalty units, imprisonment for 2 years or both.
New section 22 (2)
insert
(2)It is a defence to a prosecution for an offence against subsection (1) (d) if the defendant proves that the failure or refusal was based on medical grounds or on another reasonable excuse.
Refusing to provide oral fluid sample
Section 22A (2), penaltysubstitute
Maximum penalty:
(a)for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b)for a repeat offender—200 penalty units, imprisonment for 2 years or both.
Section 22A (4), except note
substitute
(4)It is a defence to a prosecution for an offence against subsection (2) (b) if the defendant proves that the failure was based on medical grounds or on another reasonable excuse.
Failing to stay for screening test
Section 22B (1), penaltysubstitute
Maximum penalty: 100 penalty units.
Refusing to undergo screening test
Section 22C (1), penaltysubstitute
Maximum penalty:
(a)for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b)for a repeat offender—200 penalty units, imprisonment for 2 years or both.
Section 22C (3), except note
substitute
(3)It is a defence to a prosecution for an offence against this section if the defendant proves that the failure was based on medical grounds or on another reasonable excuse.
Refusing blood test etc
Section 23 (1), penaltysubstitute
Maximum penalty:
(a)for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b)for a repeat offender—200 penalty units, imprisonment for 2 years or both.
New section 23 (1A)
insert
(1A)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the failure or refusal was based on religious or other conscientious grounds, on medical grounds or on another reasonable excuse.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (1A) (see Criminal Code, s 59).
Section 23 (2)
omit
punishable, on conviction, by a maximum fine of 30 penalty units
Section 23 (2), new penalty
insert
Maximum penalty:
(a)for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b)for a repeat offender—200 penalty units, imprisonment for 2 years or both.
Section 23 (3)
omit
this section
substitute
subsection (2)
Section 23 (3)
omit
or on medical grounds
substitute
, on medical grounds or on another reasonable excuse
Driving under the influence of intoxicating liquor or a drug
Section 24 (1), penaltysubstitute
Maximum penalty:
(a)for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b)for a repeat offender—200 penalty units, imprisonment for 2 years or both.
Part 4 heading
substitute
Part 4Automatic driver licence disqualification
NoteThe effect of disqualification is set out in the Road Transport (General) Act 1999, s 66.
Sections 26 to 34
substitute
Automatic disqualification taken to be court order
For the Magistrates Court Act 1930, section 208 (1) (g) an automatic disqualification from holding or obtaining a driver licence under this part is taken to be an order of the court to disqualify a person from holding or obtaining a driver licence.
Automatic driver licence disqualification—first offenders, s 19
(1)This section applies to a person who is convicted of an offence against section 19 (1) and is a first offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)the period mentioned in table 27, column 4 for the concentration of alcohol at a level specified in column 2; or
(b)if the convicting court orders a shorter period of disqualification that is not less than the period mentioned in column 3 for that level—the shorter period.
Table 27
| column 1 item | column 2 alcohol concentration level | column 3 minimum disqualification | column 4 default disqualification |
| 1 | level 1 | 3 months | 6 months |
| 2 | level 2 | 3 months | 6 months |
| 3 | level 3 | 6 months | 12 months |
| 4 | level 4 | 9 months | 18 months |
Automatic driver licence disqualification—repeat offenders, s 19
(1)This section applies to a person who is convicted of an offence against section 19 (1) and is a repeat offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)the period mentioned in table 28, column 4 for the concentration of alcohol at a level specified in column 2; or
(b)if the convicting court orders a shorter period of disqualification that is not less than the period mentioned in column 3 for that level—the shorter period.
Table 28
| column 1 item | column 2 alcohol concentration level | column 3 minimum disqualification | column 4 default disqualification |
| 1 | level 1 | 6 months | 12 months |
| 2 | level 2 | 6 months | 12 months |
| 3 | level 3 | 12 months | 2 years |
| 4 | level 4 | 18 months | 3 years |
Automatic driver licence disqualification—first offenders, s 20
(1)This section applies to a person who is convicted of an offence against section 20 (1) and is a first offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)6 months; or
(b)if the convicting court orders a shorter period of disqualification that is not less than 3 months—the shorter period.
Automatic driver licence disqualification—repeat offenders, s 20
(1)This section applies to a person who is convicted of an offence against section 20 (1) and is a repeat offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)12 months; or
(b)if the convicting court orders a shorter period of disqualification that is not less than 6 months—the shorter period.
Automatic driver licence disqualification—first offenders, s 21
(1)This section applies to a person who is convicted of an offence against section 21 (1) and is a first offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)the period mentioned in table 31, column 4 for the concentration of alcohol at a level specified in column 2; or
(b)if the convicting court orders a shorter period of disqualification that is not less than the period mentioned in column 3 for that level—the shorter period.
Table 31
| column 1 item | column 2 alcohol concentration level | column 3 minimum disqualification | column 4 default disqualification |
| 1 | level 1 | 6 months | 12 months |
| 2 | level 2 | 6 months | 12 months |
| 3 | level 3 | 9 months | 18 months |
| 4 | level 4 | 12 months | 2 years |
Automatic driver licence disqualification—repeat offenders, s 21
(1)This section applies to a person who is convicted of an offence against section 21 (1) and is a repeat offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)the period mentioned in table 32, column 4 for the concentration of alcohol at a level specified in column 2; or
(b)if the convicting court orders a shorter period of disqualification that is not less than the period mentioned in column 3 for that level—the shorter period.
Table 32
| column 1 item | column 2 alcohol concentration level | column 3 minimum disqualification | column 4 default disqualification |
| 1 | level 1 | 12 months | 2 years |
| 2 | level 2 | 12 months | 2 years |
| 3 | level 3 | 18 months | 3 years |
| 4 | level 4 | 2 years | 4 years |
Automatic driver licence disqualification—first offenders, s 24
(1)This section applies to a person who is convicted of an offence against section 24 (1) and is a first offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)2 years; or
(b)if the convicting court orders a shorter period of disqualification that is not less than 12 months—the shorter period.
Automatic driver licence disqualification—repeat offenders, s 24
(1)This section applies to a person who is convicted of an offence against section 24 (1) and is a repeat offender in relation to the offence.
(2)The person is automatically disqualified from holding or obtaining a driver licence for—
(a)4 years; or
(b)if the convicting court orders a shorter period of disqualification that is not less than 2 years—the shorter period.
34AAutomatic driver licence disqualification—other disqualifying offences
(1)This section applies to a person who is convicted of an offence against section 22, section 22A, section 22C or section 23.
(2)If the person is a first offender in relation to the offence mentioned in subsection (1), the person is automatically disqualified from holding or obtaining a driver licence for—
(a)2 years; or
(b)if the court orders a shorter period of disqualification that is not less than 6 months—the shorter period.
(3)If the person is a repeat offender in relation to the offence mentioned in subsection (1), the person is automatically disqualified from holding or obtaining a driver licence for—
(a)4 years; or
(b)if the court orders a shorter period of disqualification that is not less than 12 months—the shorter period.
Automatic driver licence disqualification—immediate suspension period
Section 35 (2)omit
(including any period of minimum disqualification under section 32 or section 33)
Evidence for insurance purposes
Section 41A (5), definition of relevant offence, paragraph (a)substitute
(a)an offence against section 19 (Prescribed concentration of alcohol in blood or breath);
Section 41A (5), definition of relevant offence, new paragraph (ba)
insert
(ba)an offence against section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid);
Dictionary, definition of disqualifying offence, new paragraph (ba)
insert
(ba)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); or
Dictionary, definition of prescribed drug
substitute
prescribed drug means a drug prescribed by regulation.
Part 3Road Transport (Alcohol and Drugs) Regulation 2000
New section 5A
insert
5APrescribed drugs—Act, dict, def prescribed drug
The following are prescribed:
(a)delta-9-tetrahydrocannabinol;
(b)methylamphetamine;
(c)N, α-Dimethyl-3,4-(Methylenedioxy)phenylethylamine.
Prescribed drugs—Act, dict, def prescribed drug
New section 5A (d)insert
(d)cocaine.
Part 4Road Transport (Driver Licensing) Regulation 2000
Eligibility to apply to Magistrates Court for order authorising issue of restricted licence
Section 45 (2), note 1, 3rd dot pointsubstitute
· s 67A (which is about disqualification of first offenders)
Section 45 (2), note 2
omit
Definitions—div 3.14
Section 73K, definition of drug-related disqualifying offence, new paragraph (aa)insert
(aa)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid);
Mandatory interlock condition
New section 73T (1) (a) (i) (AA)insert
(AA)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); or
New section 73T (1) (a) (i) (E)
insert
(E)section 24 (Driving under the influence of intoxicating liquor or a drug) to the extent that the offence is related to alcohol; or
Dictionary, definition of alcohol related disqualifying offence, new paragraph (a) (ia)
insert
(ia)the Road Transport (Alcohol and Drugs) Act 1977, section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); or
Part 5Road Transport (General) Act 1999
Regulations about infringement notice offences
New section 23 (6)insert
(6)If a regulation prescribes an offence that has a different penalty for a first offender or a repeat offender in relation to the offence the regulation may only prescribe the offence in relation to a first offender.
Infringement notices
New section 24 (2A)insert
(2A)If an authorised person reasonably believes that a person has committed an offence and section 23 (6) applies to the offence—
(a)the administering authority need not consider whether the person would, if convicted, be a first offender or a repeat offender in relation to the offence; and
(b)for the purposes of the infringement notice, the person is presumed to be a first offender.
Meaning of first offender and repeat offender—s 60
Section 60A (2) (a)after 1st mention of
failing to identify or stop offence
insert
that was committed
Definitions—div 4.2
Section 61A, definition of automatic disqualification provision, paragraphs (d) to (f)substitute
(d)the Road Transport (Alcohol and Drugs) Act 1977, section 27 (which is about automatic disqualification for first offender drivers for having the prescribed concentration of alcohol in their blood or breath);
(e)the Road Transport (Alcohol and Drugs) Act 1977, section 28 (which is about automatic disqualification for repeat offender drivers for having the prescribed concentration of alcohol in their blood or breath);
(f)the Road Transport (Alcohol and Drugs) Act 1977, section 29 (which is about automatic disqualification for first offender drivers for having a prescribed drug in their oral fluid or blood);
(fa)the Road Transport (Alcohol and Drugs) Act 1977, section 30 (which is about automatic disqualification for repeat offender drivers for having a prescribed drug in their oral fluid or blood);
(fb)the Road Transport (Alcohol and Drugs) Act 1977, section 31 (which is about automatic disqualification for first offender drivers for having the prescribed concentration of alcohol in their blood or breath and a prescribed drug in their bodily fluid);
(fc)the Road Transport (Alcohol and Drugs) Act 1977, section 32 (which is about automatic disqualification for repeat offender drivers for having the prescribed concentration of alcohol in their blood or breath and a prescribed drug in their bodily fluid);
(fd)the Road Transport (Alcohol and Drugs) Act 1977, section 33 (which is about automatic disqualification for first offender drivers for driving under the influence of intoxicating liquor or a drug);
(fe)the Road Transport (Alcohol and Drugs) Act 1977, section 34 (which is about automatic disqualification for repeat offender drivers for driving under the influence of intoxicating liquor or a drug);
(ff)the Road Transport (Alcohol and Drugs) Act 1977, section 34A (which is about automatic disqualification for other offences against that Act);
Section 61A, definition of driver trainer
substitute
driver trainer—see the Road Transport (Alcohol and Drugs) Act 1977, section 4BA.
Section 61A, definition of immediate suspension offence, paragraph (b)
substitute
(b)the following, if the person to whom the offence relates is not a driver trainer:
(i)the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed concentration of alcohol in blood or breath);
(ii)the Road Transport (Alcohol and Drugs) Act 1977, section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer);
(iii)the Road Transport (Alcohol and Drugs) Act 1977, section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid);
Section 61A, definition of special driver
substitute
special driver—see the Road Transport (Alcohol and Drugs) Act 1977, section 4B.
Immediate suspension of licence
Section 61B (5) and (6)omit
New sections 61BA to 61BC
insert
61BAWhen a suspension notice ceases to have effect
(1)This section applies if an immediate suspension notice is served on a person for an immediate suspension offence under section 61B (1).
(2)The suspension notice ceases to have effect if—
(a)the maximum suspension time has elapsed since the day the suspension notice was served; or
(b)the Magistrates Court orders a stay of the suspension notice; or
(c)the chief police officer or the DPP gives the person written notice that no proceeding will be brought for the offence; or
(d)the offence is found proved, dismissed or taken into account by a court; or
(e)if a proceeding was brought for the offence—any of the following happens:
(i)the chief police officer or the DPP gives the person written notice that the proceeding is to be withdrawn or discontinued;
(ii)the proceeding is withdrawn or discontinued other than under section 53 (3); or
(f)if an infringement notice was given for the offence and the person has not disputed the notice under section 51—the infringement notice is withdrawn; or
(g)if an infringement notice was given for the offence and the person has disputed the notice under section 51—any of the following happens:
(i)the administering authority tells the person under section 53 (5) that no further action will be taken against the person for the offence;
(ii)the administering authority has not brought a proceeding within the time allowed under section 53; or
(h)if the offence is an infringement notice offence—the administering authority gives the person written notice that no infringement notice will be given for the offence.
(3)In this section:
maximum suspension time means—
(a)if an infringement notice was given for the offence and the person does not dispute the notice under section 51—180 days; or
(b)if a proceeding is discontinued under section 53 (3) and 90 days have not elapsed since the day the suspension notice was served—180 days; or
(c)in any other case—90 days.
bring, in relation to a proceeding for an offence, includes lay an information.
61BBAdditional suspension notice—discontinued infringement notice proceedings
(1)This section applies if—
(a)an immediate suspension notice is served on a person for an immediate suspension offence; and
(b)an infringement notice is given for the offence; and
(c)the person disputes the infringement notice under section 51; and
(d)90 days or more have elapsed since the day the immediate suspension notice was served; and
(e)a proceeding for the offence is discontinued under section 53 (3).
(2)A police officer may serve an additional immediate suspension notice on the person.
(3)An additional immediate suspension notice is taken to have been served under section 61B (1).
NoteThe maximum suspension time for an additional suspension notice is 90 days (see s 61BA (3), def maximum suspension time, par (c)).
61BCRoad transport authority to return surrendered licence
If a person has surrendered their driver licence under an immediate suspension notice and the suspension notice ceases to have effect, the road transport authority must return the driver licence to the person as soon as practicable.
Eligibility of disqualified first offender for restricted licence—automatic disqualification provisions
Section 67A (2) (a)substitute
(a)the person is disqualified from holding or obtaining a driver licence under the Road Transport (Alcohol and Drugs) Act 1977, section 27 (Automatic driver licence disqualification—first offenders, s 19); and
Section 67A (4)
omit
section 32
substitute
section 27
Section 67A (5), example 2
substitute
2 For the Road Transport (Alcohol and Drugs) Act 1977, s 34A, the minimum disqualification period is 6 months (see that Act, s 34A (2) (b)).
Section 67A (5), note
substitute
NoteThe Road Transport (Alcohol and Drugs) Act 1977, s 27 applies to first offenders and only applies for this section if the offender has a limited concentration of alcohol in their blood or breath. That Act, s 28 applies to repeat offenders.
Section 67A (6)
omit
Part 6Road Transport (Offences) Regulation 2005
Schedule 1, part 1.3
substitute
Part 1.3Road Transport (Alcohol and Drugs) Act 1977
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty (pu) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 15 (5) | doctor/nurse refuse to take blood sample permitted by person/requested by police officer | 10 | - | - |
| 2 | 16 (4) | doctor/nurse practitioner not carry out medical examination within 2 hours | 10 | - | - |
| 3 | 16 (5) | doctor/nurse practitioner not take body sample within 2 hours | 10 | - | - |
| 4 | 16 (6) | nurse not take body sample within 2 hours | 10 | - | - |
| 5 | 19 (1) | ||||
| 5.1 | · special driver, level 1, first offender—driver | special driver drive motor vehicle on road/related area with level 1 alcohol in blood or breath—first offender | 25 | - | - |
| 5.2 | · special driver, level 1, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 1 alcohol in blood or breath—first offender | 25 | - | - |
| 5.3 | · special driver, level 1, repeat offender—driver | special driver drive motor vehicle on road/related area with level 1 alcohol in blood or breath—repeat offender | 50pu/ 6 months prison/both | - | - |
| 5.4 | · special driver, level 1, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 1 alcohol in blood or breath—repeat offender | 50 | - | - |
| 5.5 | · special driver, level 2, first offender—driver | special driver drive motor vehicle on road/related area with level 2 alcohol in blood or breath—first offender | 25 | - | - |
| 5.6 | · special driver, level 2, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 2 alcohol in blood or breath—first offender | 25 | - | - |
| 5.7 | · special driver, level 2, repeat offender—driver | special driver drive motor vehicle on road/related area with level 2 alcohol in blood or breath—repeat offender | 50pu/ 6 months prison/both | - | - |
| 5.8 | · special driver, level 2, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 2 alcohol in blood or breath—repeat offender | 50 | - | - |
| 5.9 | · special driver, level 3, first offender—driver | special driver drive motor vehicle on road/related area with level 3 alcohol in blood or breath—first offender | 50pu/ 6 months prison/both | - | - |
| 5.10 | · special driver, level 3, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 3 alcohol in blood or breath—first offender | 50 | - | - |
| 5.11 | · special driver, level 3, repeat offender—driver | special driver drive motor vehicle on road/related area with level 3 alcohol in blood or breath—repeat offender | 100pu/ 12 months prison/both | - | - |
| 5.12 | · special driver, level 3, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 3 alcohol in blood or breath—repeat offender | 100 | - | - |
| 5.13 | · special driver, level 4, first offender—driver | special driver drive motor vehicle on road/related area with level 4 alcohol in blood or breath—first offender | 75pu/ 9 months prison/both | - | - |
| 5.14 | · special driver, level 4, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 4 alcohol in blood or breath—first offender | 75 | - | - |
| 5.15 | · special driver, level 4, repeat offender—driver | special driver drive motor vehicle on road/related area with level 4 alcohol in blood or breath—repeat offender | 150pu/ 18 months prison/both | - | - |
| 5.16 | · special driver, level 4, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 4 alcohol in blood or breath—repeat offender | 150 | - | - |
| 5.17 | · person other than special driver, level 2, first offender | drive motor vehicle on road/related area with level 2 alcohol in blood or breath—first offender | 25 | - | - |
| 5.18 | · person other than special driver, level 2, repeat offender | drive motor vehicle on road/related area with level 2 alcohol in blood or breath—repeat offender | 50pu/ 6 months prison/both | - | - |
| 5.19 | · person other than special driver, level 3, first offender | drive motor vehicle on road/related area with level 3 alcohol in blood or breath—first offender | 50pu/ 6 months prison/both | - | - |
| 5.20 | · person other than special driver, level 3, repeat offender | drive motor vehicle on road/related area with level 3 alcohol in blood or breath—repeat offender | 100pu/ 12 months prison/both | - | - |
| 5.21 | · person other than special driver, level 4, first offender | drive motor vehicle on road/related area with level 4 alcohol in blood or breath—first offender | 75pu/ 9 months prison/both | - | - |
| 5.22 | · person other than special driver, level 4, repeat offender | drive motor vehicle on road/related area with level 4 alcohol in blood or breath—repeat offender | 150pu/ 18 months prison/both | - | - |
| 6 | 20 (1) | ||||
| 6.1 | · first offender | drive motor vehicle on road/related area with prescribed drug in oral fluid or blood—first offender | 25 | - | - |
| 6.2 | · repeat offender—driver | drive motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender | 50pu/ 6 months prison/both | - | - |
| 6.3 | · repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender | 50 | - | - |
| 7 | 21 (1) | ||||
| 7.1 | · special driver, level 1, first offender—driver | special driver drive motor vehicle on road/related area with level 1 alcohol and prescribed drug—first offender | 50 | - | - |
| 7.2 | · special driver, level 1, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 1 alcohol and prescribed drug—first offender | 50 | - | - |
| 7.3 | · special driver, level 1, repeat offender—driver | special driver drive motor vehicle on road/related area with level 1 alcohol and prescribed drug—repeat offender | 100pu/ 12 months prison/both | - | - |
| 7.4 | · special driver, level 1, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 1 alcohol and prescribed drug—repeat offender | 100 | - | - |
| 7.5 | · special driver, level 2, first offender—driver | special driver drive motor vehicle on road/related area with level 2 alcohol and prescribed drug—first offender | 50 | - | - |
| 7.6 | · special driver, level 2, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 2 alcohol and prescribed drug—first offender | 50 | - | - |
| 7.7 | · special driver, level 2, repeat offender—driver | special driver drive motor vehicle on road/related area with level 2 alcohol and prescribed drug—repeat offender | 100pu/ 12 months prison/both | - | - |
| 7.8 | · special driver, level 2, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 2 alcohol and prescribed drug—repeat offender | 100 | - | - |
| 7.9 | · special driver, level 3, first offender—driver | special driver drive motor vehicle on road/related area with level 3 alcohol and prescribed drug—first offender | 75pu/ 9 months prison/both | - | - |
| 7.10 | · special driver, level 3, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 3 alcohol and prescribed drug—first offender | 75 | - | - |
| 7.11 | · special driver, level 3, repeat offender—driver | special driver drive motor vehicle on road/related area with level 3 alcohol and prescribed drug—repeat offender | 150pu/ 18 months prison/both | - | - |
| 7.12 | · special driver, level 3, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 3 alcohol and prescribed drug—repeat offender | 150 | - | - |
| 7.13 | · special driver, level 4, first offender—driver | special driver drive motor vehicle on road/related area with level 4 alcohol and prescribed drug—first offender | 100pu/ 12 months prison/both | - | - |
| 7.14 | · special driver, level 4, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 4 alcohol and prescribed drug—first offender | 100 | - | - |
| 7.15 | · special driver, level 4, repeat offender—driver | special driver drive motor vehicle on road/related area with level 4 alcohol and prescribed drug—repeat offender | 200pu/ 2 years prison/both | - | - |
| 7.16 | · special driver, level 4, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 4 alcohol and prescribed drug—repeat offender | 200 | - | - |
| 7.17 | · person other than special driver, level 2, first offender | drive motor vehicle on road/related area with level 2 alcohol and prescribed drug—first offender | 50 | - | - |
| 7.18 | · person other than special driver, level 2, repeat offender | drive motor vehicle on road/related area with level 2 alcohol and prescribed drug—repeat offender | 100pu/ 12 months prison/both | - | - |
| 7.19 | · person other than special driver, level 3, first offender | drive motor vehicle on road/related area with level 3 alcohol and prescribed drug—first offender | 75pu/ 9 months prison/both | - | - |
| 7.20 | · person other than special driver, level 3, repeat offender | drive motor vehicle on road/related area with level 3 alcohol and prescribed drug—repeat offender | 150pu/ 18 months prison/both | - | - |
| 7.21 | · person other than special driver, level 4, first offender | drive motor vehicle on road/related area with level 4 alcohol and prescribed drug—first offender | 100pu/ 12 months prison/both | - | - |
| 7.22 | · person other than special driver, level 4, repeat offender | drive motor vehicle on road/related area with level 4 alcohol and prescribed drug—repeat offender | 200pu/ 2 years prison/both | - | - |
| 8 | 22 (c) | ||||
| 8.1 | · first offender—driver | refuse to provide breath sample—first offender | 100pu/ 12 months prison/both | - | - |
| 8.2 | · first offender—driver trainer | refuse to provide breath sample—first offender | 100pu/ 12 months prison/both | - | - |
| 8.3 | · repeat offender—driver | refuse to provide breath sample—repeat offender | 200pu/ 2 years prison/both | - | - |
| 8.4 | · repeat offender—driver trainer | refuse to provide breath sample—repeat offender | 200pu/ 2 years prison/both | - | - |
| 9 | 22 (d) | ||||
| 9.1 | · first offender—driver | fail/refuse to provide breath sample in accordance with reasonable directions of police officer—first offender | 100pu/ 12 months prison/both | - | - |
| 9.2 | · first offender—driver trainer | fail/refuse to provide breath sample in accordance with reasonable directions of police officer—first offender | 100pu/ 12 months prison/both | - | - |
| 9.3 | · repeat offender—driver | fail/refuse to provide breath sample in accordance with reasonable directions of police officer—repeat offender | 200pu/ 2 years prison/both | - | - |
| 9.4 | · repeat offender—driver trainer | fail/refuse to provide breath sample in accordance with reasonable directions of police officer—repeat offender | 200pu/ 2 years prison/both | - | - |
| 10 | 22A (2) (a) | ||||
| 10.1 | · first offender—driver | refuse to provide sample of oral fluid for analysis—first offender | 100pu/ 12 months prison/both | - | - |
| 10.2 | · first offender—driver trainer | refuse to provide sample of oral fluid for analysis—first offender | 100pu/ 12 months prison/both | - | - |
| 10.3 | · repeat offender—driver | refuse to provide sample of oral fluid for analysis—repeat offender | 200pu/ 2 years prison/both | - | - |
| 10.4 | · repeat offender—driver trainer | refuse to provide sample of oral fluid for analysis—repeat offender | 200pu/ 2 years prison/both | - | - |
| 11 | 22A (2) (b) | ||||
| 11.1 | · first offender—driver | fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender | 100pu/ 12 months prison/both | - | - |
| 11.2 | · first offender—driver trainer | fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender | 100pu/ 12 months prison/both | - | - |
| 11.3 | · repeat offender—driver | fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender | 200pu/ 2 years prison/both | - | - |
| 11.4 | · repeat offender—driver trainer | fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender | 200pu/ 2 years prison/both | - | - |
| 12 | 22B | fail to stay for alcohol or drug screening test | 100 | - | - |
| 13 | 22C (1) | ||||
| 13.1 | · first offender—driver | fail to undergo alcohol or drug screening test—first offender | 100pu/ 12 months prison/both | - | - |
| 13.2 | · first offender—driver trainer | fail to undergo alcohol or drug screening test—first offender | 100pu/ 12 months prison/both | - | - |
| 13.3 | · repeat offender—driver | fail to undergo alcohol or drug screening test—repeat offender | 200pu/ 2 years prison/both | - | - |
| 13.4 | · repeat offender—driver trainer | fail to undergo alcohol or drug screening test—repeat offender | 200pu/ 2 years prison/both | - | - |
| 14 | 23 (1) | ||||
| 14.1 | · first offender—driver | fail/refuse to permit blood sample to be taken—first offender | 100pu/ 12 months prison/both | - | - |
| 14.2 | · first offender—driver trainer | fail/refuse to permit blood sample to be taken—first offender | 100pu/ 12 months prison/both | - | - |
| 14.3 | · repeat offender—driver | fail/refuse to permit blood sample to be taken—repeat offender | 200pu/ 2 years prison/both | - | - |
| 14.4 | · repeat offender—driver trainer | fail/refuse to permit blood sample to be taken—repeat offender | 200pu/ 2 years prison/both | - | - |
| 15 | 23 (2) (a) | ||||
| 15.1 | · first offender—driver | fail/refuse to submit to medical examination—first offender | 100pu/ 12 months prison/both | - | - |
| 15.2 | · first offender—driver trainer | fail/refuse to submit to medical examination—first offender | 100pu/ 12 months prison/both | - | - |
| 15.3 | · repeat offender—driver | fail/refuse to submit to medical examination—repeat offender | 200pu/ 2 years prison/both | - | - |
| 15.4 | · repeat offender—driver trainer | fail/refuse to submit to medical examination—repeat offender | 200pu/ 2 years prison/both | - | - |
| 16 | 23 (2) (b) | ||||
| 16.1 | · first offender—driver | fail/refuse to give/permit taking of body sample—first offender | 100pu/ 12 months prison/both | - | - |
| 16.2 | · first offender—driver trainer | fail/refuse to give/permit taking of body sample—first offender | 100pu/ 12 months prison/both | - | - |
| 16.3 | · repeat offender—driver | fail/refuse to give/permit taking of body sample—repeat offender | 200pu/ 2 years prison/both | - | - |
| 16.4 | · repeat offender—driver trainer | fail/refuse to give/permit taking of body sample—repeat offender | 200pu/ 2 years prison/both | - | - |
| 17 | 24 (1) | ||||
| 17.1 | · first offender | drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—first offender | 100pu/ 12 months prison/both | - | - |
| 17.2 | · repeat offender | drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—repeat offender | 200pu/ 2 years prison/both | - | - |
| 18 | 24A (1) | ||||
| 18.1 | · first offender | drive vehicle/ride animal/be in charge of animal on road under influence of alcohol/drug, incapable of proper control of vehicle/animal—first offender | 30pu/ 6 months prison/both | - | - |
| 18.2 | · repeat offender | drive vehicle/ride animal/be in charge of animal on road under influence of alcohol/drug, incapable of proper control of vehicle/animal—repeat offender | 30pu/ 12 months prison/both | - | - |
| 19 | 24A (2) | drive vehicle/ride animal/be in charge of animal on road related area under influence of alcohol/drug, incapable of proper control of vehicle/animal | 20 | - | - |
| 20 | 25 (1) | drive or ride vehicle on road/related area while consuming alcohol | 20 | 400 | - |
| 21 | 25 (2) | driver trainer in motor vehicle on road/related area while consuming alcohol | 20 | 400 | - |
| 22 | 47B (4) | fail to comply with police officer’s direction not to drive | 10 | - | - |
Road Transport (Alcohol and Drugs) Act 1977
Schedule 1, part 1.3, item 5substitute
| 5 | 19 (1) | ||||
| 5.1 | · special driver, level 1, first offender—driver | special driver drive motor vehicle on road/related area with level 1 alcohol in blood or breath—first offender | 25 | 800 | - |
| 5.2 | · special driver, level 1, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 1 alcohol in blood or breath—first offender | 25 | 800 | - |
| 5.3 | · special driver, level 1, repeat offender—driver | special driver drive motor vehicle on road/related area with level 1 alcohol in blood or breath—repeat offender | 50pu/ 6 months prison/both | - | - |
| 5.4 | · special driver, level 1, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 1 alcohol in blood or breath—repeat offender | 50 | - | - |
| 5.5 | · special driver, level 2, first offender—driver | special driver drive motor vehicle on road/related area with level 2 alcohol in blood or breath—first offender | 25 | 800 | - |
| 5.6 | · special driver, level 2, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 2 alcohol in blood or breath—first offender | 25 | 800 | - |
| 5.7 | · special driver, level 2, repeat offender—driver | special driver drive motor vehicle on road/related area with level 2 alcohol in blood or breath—repeat offender | 50pu/ 6 months prison/both | - | - |
| 5.8 | · special driver, level 2, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 2 alcohol in blood or breath—repeat offender | 50 | - | - |
| 5.9 | · special driver, level 3, first offender—driver | special driver drive motor vehicle on road/related area with level 3 alcohol in blood or breath—first offender | 50pu/ 6 months prison/both | - | - |
| 5.10 | · special driver, level 3, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 3 alcohol in blood or breath—first offender | 50 | - | - |
| 5.11 | · special driver, level 3, repeat offender—driver | special driver drive motor vehicle on road/related area with level 3 alcohol in blood or breath—repeat offender | 100pu/ 12 months prison/both | - | - |
| 5.12 | · special driver, level 3, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 3 alcohol in blood or breath—repeat offender | 100 | - | - |
| 5.13 | · special driver, level 4, first offender—driver | special driver drive motor vehicle on road/related area with level 4 alcohol in blood or breath—first offender | 75pu/ 9 months prison/both | - | - |
| 5.14 | · special driver, level 4, first offender—driver trainer | driver trainer in motor vehicle on road/related area with level 4 alcohol in blood or breath—first offender | 75 | - | - |
| 5.15 | · special driver, level 4, repeat offender—driver | special driver drive motor vehicle on road/related area with level 4 alcohol in blood or breath—repeat offender | 150pu/ 18 months prison/both | - | - |
| 5.16 | · special driver, level 4, repeat offender—driver trainer | driver trainer in motor vehicle on road/related area with level 4 alcohol in blood or breath—repeat offender | 150 | - | - |
| 5.17 | · person other than special driver, level 2, first offender | drive motor vehicle on road/related area with level 2 alcohol in blood or breath—first offender | 25 | 800 | - |
| 5.18 | · person other than special driver, level 2, repeat offender | drive motor vehicle on road/related area with level 2 alcohol in blood or breath—repeat offender | 50pu/ 6 months prison/both | - | - |
| 5.19 | · person other than special driver, level 3, first offender | drive motor vehicle on road/related area with level 3 alcohol in blood or breath—first offender | 50pu/ 6 months prison/both | - | - |
| 5.20 | · person other than special driver, level 3, repeat offender | drive motor vehicle on road/related area with level 3 alcohol in blood or breath—repeat offender | 100pu/ 12 months prison/both | - | - |
| 5.21 | · person other than special driver, level 4, first offender | drive motor vehicle on road/related area with level 4 alcohol in blood or breath—first offender | 75pu/ 9 months prison/both | - | - |
| 5.22 | · person other than special driver, level 4, repeat offender | drive motor vehicle on road/related area with level 4 alcohol in blood or breath—repeat offender | 150pu/ 18 months prison/both | - | - |
Part 7Road Transport (Road Rules) Regulation 2017
Dictionary, new definition of mobile device
insert
mobile device—
(a)includes a mobile phone and any other wireless hand-held or wearable device designed or capable of being used for telecommunication; but
(b)does not include a CB radio or any other two-way radio.
Examples—other wireless hand-held or wearable devices
tablet computer, smart watch
Part 8Road Transport (Safety and Traffic Management) Act 1999
Meaning of first offender and repeat offender—div 2.1
Section 5AB (2) (a)after 1st mention of
dangerous driving offence
insert
that was committed
Aggravated offence—furious, reckless or dangerous driving
Section 7A (4), definition of repeat offender, paragraph (a)after
(Culpable driving of motor vehicle)
insert
that was committed
Definitions—pt 6
Section 22A, definition of mobile devicesubstitute
mobile device—see the Road Transport (Road Rules) Regulation 2017, dictionary.
Dictionary, definition of mobile device
substitute
mobile device, for part 6 (Traffic offence detection devices)—see the Road Transport (Road Rules) Regulation 2017, dictionary.
Schedule 1Consequential Amendments
(see s 3)
Part 1.1Lakes Act 1976
[1.1]Section 73 (2) (d)
omit
19 to 20
substitute
19 to 21C
Part 1.2Motor Accident Injuries Act 2019
[1.2]Section 41, definition of driving offence, new paragraph (c) (ia)
insert
(ia)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 3; or
[1.3]Section 48 (6), definition of serious offence, new paragraph (b) (ia)
insert
(ia)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 4; or
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 29 November 2023.
Notification
Notified under the Legislation Act on 24 May 2024.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Road Safety Legislation Amendment Bill 2024, which originated in the Legislative Assembly as the Road Safety Legislation Amendment Bill 2023 and was passed by the Assembly on 15 May 2024.
Clerk of the Legislative Assembly
© Australian Capital Territory 2024
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