Road Traffic (Miscellaneous) Variation Regulations 2006 (SA)
South Australia
Road Traffic (Miscellaneous) Variation Regulations 2006
under the Road Traffic Act 1961
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999
Substitution of heading to Part 2
Variation of regulation 7—Approved blood test kit
Insertion of regulation 8AA
8AAPrescribed drugs
Variation of regulation 8A—Conduct of breath analysis
Variation of regulation 8B—Oral advice on refusal or failure to comply with alcotest or breath analysis direction
Insertion of regulation 8C
8COral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction
Variation of regulation 9—Oral advice and written notice on recording of positive breath analysis reading
Variation of regulation 10—Request for approved blood test kit
Variation of regulation 11—Procedures for voluntary blood test
Substitution of regulation 12
12Prescribed period for keeping blood samples and oral fluid samples
Insertion of regulation 12A
12AInformation to be included on analyst's certificate
Insertion of Schedule 1A
Schedule 1A—Prescribed oral advice
Substitution of Schedule 1
Schedule 1—Prescribed oral advice and written notice
Substitution of Schedule 2
Schedule 2—Form of request
Substitution of Schedule 3
Schedule 3—Form of certificate
Variation of Schedule 9—Expiation Fees
Schedule 1—Transitional provision
Part 1—Preliminary
1—Short title
These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2006.
2—Commencement
These regulations will come into operation on the day that Part 2 of the Road Traffic (Drug Driving) Amendment Act 2005 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999
4—Substitution of heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—Drink driving and drug driving
5—Variation of regulation 7—Approved blood test kit
Regulation 7—delete "Section 47G(2a)(b)" and substitute:
Section 47K(2a)(b)
6—Insertion of regulation 8AA
After regulation 8 insert:
8AA—Prescribed drugs
For the purposes of the definition of prescribed drug in section 47A(1) of the Act (Interpretation), the following are declared to be prescribed drugs:
(a)delta-9-tetrahydrocannabinol;
(b)methylamphetamine.
7—Variation of regulation 8A—Conduct of breath analysis
Regulation 8A(1)—after "section 47E(2e)" insert:
of the Act (Police may require alcotest or breath analysis)
8—Variation of regulation 8B—Oral advice on refusal or failure to comply with alcotest or breath analysis direction
Regulation 8B—after "section 47E(4)(ab)" insert:
of the Act (Police may require alcotest or breath analysis)
9—Insertion of regulation 8C
After regulation 8B insert:
8C—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction
The prescribed oral advice for the purposes of section 47EAA(10)(b) of the Act (Police may require drug screening test, oral fluid analysis or blood test) is set out in Schedule 1A.
10—Variation of regulation 9—Oral advice and written notice on recording of positive breath analysis reading
Regulation 9(1)—delete "section 47G(2a)(a)" and substitute:
section 47K(2a)(a)
Regulation 9(2)—delete "section 47G(2a)(a) of the Act" and substitute:
section 47K(2a)(a) of the Act (Evidence etc)
11—Variation of regulation 10—Request for approved blood test kit
Regulation 10—delete "section 47G(2a)(b) of the Act" and substitute:
section 47K(2a)(b) of the Act (Evidence etc)
12—Variation of regulation 11—Procedures for voluntary blood test
Regulation 11—delete "section 47G(1a) of the Act" and substitute:
section 47K(1a) of the Act (Evidence etc)
Regulation 11(a)—delete "section 47G(2a)(b)" and substitute:
section 47K(2a)(b) of the Act (Evidence etc)
13—Substitution of regulation 12
Regulation 12—delete the regulation and substitute:
12—Prescribed period for keeping blood samples and oral fluid samples
For the purposes of clauses 2(e)(ii) and 7(e)(ii) of Schedule 1 of the Act, the prescribed period for which a container containing a sample of a person's blood or oral fluid (as the case requires) must be kept available for collection by or on behalf of that person is 12 months from the day on which the sample was taken from the person.
14—Insertion of regulation 12A
After regulation 12 insert:
12A—Information to be included on analyst's certificate
For the purposes of clause 7(f)(iv) of Schedule 1 of the Act, the required information in relation to any prescribed drug or drugs found to be present in the sample is information identifying the drug or drugs.
15—Insertion of Schedule 1A
After Schedule 1AA insert:
Schedule 1A—Prescribed oral advice
(Section 47EAA(10)(b))
16—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Prescribed oral advice and written notice
(Section 47K(2a)(a))
17—Substitution of Schedule 2
Schedule 2—delete the schedule and substitute:
Schedule 2—Form of request
(Section 47K(2a)(b))
18—Substitution of Schedule 3
Schedule 3—delete the schedule and substitute:
Schedule 3—Form of certificate
(Section 47K(1a) and regulation 11)
19—Variation of Schedule 9—Expiation Fees
Schedule 9 Part 2, table—after the entry related to section 47B(1) insert:
47BA(1)
Driving with prescribed drug in oral fluid or blood
$300
Schedule 1—Transitional provision
A reference in a form purporting to be a form prescribed by these regulations to section 47G(1a), 47G(2a)(a) or 47G(2a)(b) of the Act will be taken to be a reference to section 47K(1a), 47K(2a)(a) or 47K(2a)(b) of the Act as appropriate.
A reference on a blood test kit purporting to be an approved blood kit for the purposes of the Act to section 47G(2a)(b) of the Act will be taken to be a reference to section 47K(2a)(b) of the Act.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 8 June 2006
No 72 of 2006
MTR04/043CS
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