Road Traffic (Miscellaneous) Variation Regulations 2009 (SA)

South Australia

Road Traffic (Miscellaneous) Variation Regulations 2009

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999

1. Variation of regulation 4—Interpretation

2. Variation of regulation 8C—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction

3. Variation of regulation 9—Oral advice and written notice on recording of positive breath analysis reading

4. Variation of regulation 10—Request for approved blood test kit

5. Variation of regulation 11—Procedures for voluntary blood test

6. Substitution of regulation 13A

   13ARecurrent offenders—prescribed day

7. Substitution of Schedule 3

   Schedule 3—Form of certificate

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2009.

2—Commencement

These regulations will come into operation on 1 February 2010.

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—Variation of regulation 4—Interpretation

Regulation 4(1)—after the definition of ADR insert:

approved courier means a person approved by the Commissioner of Police as a courier for the purposes of Schedule 1 of the Act;

5—Variation of regulation 8C—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction

Regulation 8C—delete "or blood test" and substitute:

and blood test

6—Variation of regulation 9—Oral advice and written notice on recording of positive breath analysis reading

Regulation 9—delete "(Evidence etc)" wherever occurring and substitute in each case:

(Evidence)

7—Variation of regulation 10—Request for approved blood test kit

Regulation 10(1)—delete "(Evidence etc)" and substitute:

(Evidence)

8—Variation of regulation 11—Procedures for voluntary blood test

1. Regulation 11—delete "(Evidence etc)" and substitute:

   (Evidence)

2. Regulation 11(a)—delete "(Evidence etc)" and substitute:

   (Evidence)

3. Regulation 11(j)—delete paragraph (j) and substitute:

   (j)a copy of the signed certificate must be delivered by the medical practitioner together with the other sealed container containing part of the blood sample to a police officer or an approved courier;

   (ja)a police officer to whom a copy of the signed certificate and the other sealed container is delivered under paragraph (j) must deliver the copy and container to Forensic Science SA or to an approved courier;

   (jb)an approved courier to whom a copy of the signed certificate and the other sealed container is delivered under this regulation must deliver the copy and container to Forensic Science SA;

4. Regulation 11(l)—delete "State Forensic Science" and substitute:

   Forensic Science SA

5. Regulation 11(m)(i)—delete "State Forensic Science" and substitute:

   Forensic Science SA

9—Substitution of regulation 13A

Regulation 13A—delete the regulation and substitute:

13A—Recurrent offenders—prescribed day

For the purposes of section 47J of the Act, the prescribed day is 1 February 2010.

10—Substitution of Schedule 3

Schedule 3—delete the Schedule and substitute:

Schedule 3—Form of certificate

(Section 47K(1a) and regulation 11)

Note—

This form may be combined with a form required for the purposes of section 73(2) of the Harbors and Navigation Act 1993 and Schedule 2 clause 15(2) of the Rail Safety Act 2007 and regulations under those Acts.

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 10 December 2009

No 289 of 2009

MRS07/007CS & MRS08/004CS