Road Transport (Alcohol and Drugs) Act 1977 (ACT)

Road Transport (Alcohol and Drugs) Act 1977   

A1977-17

Republication No 53

Effective:  26 November 2025

Republication date: 26 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Road Transport (Alcohol and Drugs) Act 1977 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Road Transport (Alcohol and Drugs) Act 1977

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

3            Notes  3

4Offences against Act—application of Criminal Code etc 3

Part 1A    Important concepts

4B          Meaning of special driver  4

4BA         Meaning of driver trainer  7

4C          Meaning of prescribed concentration of alcohol  7

4D          How alcohol concentration may be expressed  7

4E          Reference to level of alcohol concentration  8

4F          Meaning of first offender and repeat offender  8

5            Authorisation of operators  10

5A          Register of authorised operators  10

5B          Appointment of analysts  11

6            Approval of laboratories  11

Part 2      Examination of people for alcohol or drugs

Division 2.1              Important concepts—alcohol and drug tests

7           Meaning of alcohol screening device  12

7A          Meaning of breath analysis instrument  12

7B          Meaning of drug screening device  13

7C          Meaning of oral fluid analysis instrument  13

7D          Testing and maintenance of instruments etc  13

Division 2.2              Alcohol—screening tests

8            Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer  14

9            Power to require alcohol screening test if vehicle involved in accident––driver  15

9A          Power to require alcohol screening test if vehicle involved in accident––driver trainer    16

10          Power to require alcohol screening test for culpable driving––driver and driver trainer   17

10A         Power to enter premises for alcohol screening test  18

Division 2.3              Alcohol—confirmatory tests

11          Detention for breath analysis  19

12          Breath analysis  20

13          Precautions for privacy—breath analysis  21

Division 2.4              Prescribed drugs—screening tests

13A         Power to require drug screening test if vehicle not involved in accident––driver and driver trainer  21

13B         Power to require drug screening test if vehicle involved in accident––driver 22

13BA        Power to require drug screening test if vehicle involved in accident––driver trainer      23

13C         Power to require drug screening test for culpable driving—driver and driver trainer     24

13CA        Power to enter premises for drug screening test  25

Division 2.5              Prescribed drugs—confirmatory tests

13D         Detention for oral fluid analysis  26

13E         Oral fluid—preliminary analysis  26

13F         Precautions for privacy—oral fluid analysis  28

13G         Oral fluid—confirmatory analysis  28

13H         Oral fluid analysis statement  29

Division 2.6              Restrictions on alcohol and drug tests

14          Restrictions on tests etc under this part  30

Division 2.7              Analysis of blood—alcohol and drugs

15          Taking blood samples from people in custody  32

15AA        Taking blood samples from people in hospital  34

15A         Analysis of blood samples  36

15B         Blood analysis statement  37

16          Medical examination—offence against s 24 or culpable driving            38

16A         Analysis of body samples  41

16B         Body sample statement  42

16C         Keeping of samples—request by DPP  43

16D         Destruction of samples  44

17          Exemptions from requirements to take blood samples or carry out examinations       44

18          Protection of police officers and medical staff  46

18B         Permitted use of samples  47

Division 2.8              Search and seizure

18C         Power to search person in custody  47

Part 3      Offences

19          Prescribed concentration of alcohol in blood or breath  49

19A         Defence if person did not intend to drive motor vehicle—s 19              51

19B         Defence if special driver with lower concentration of alcohol from allowable source—s 19       51

20          Prescribed drug in oral fluid or blood––driver or driver trainer               52

21          Prescribed concentration of alcohol and prescribed drug in bodily fluid     54

21A         Defence if person did not intend to drive motor vehicle—s 21              57

21B         Defence if special driver with lower concentration of alcohol from allowable source—s 21       58

21C         Alternative verdicts—prescribed concentration of alcohol and prescribed drug in bodily fluid     58

22          Refusing to provide breath sample  59

22A         Refusing to provide oral fluid sample  60

22B         Failing to stay for screening test  61

22C         Refusing to undergo screening test  62

23          Refusing blood test etc  63

24          Driving under the influence of intoxicating liquor or a drug                  65

24A         Use vehicle or animal on road or road related area under influence of alcohol or drug  66

25          Consuming alcohol—driver or driver trainer  69

Part 4      Automatic driver licence disqualification

26          Automatic disqualification taken to be court order  70

27          Automatic driver licence disqualification—first offenders, s 19              70

28          Automatic driver licence disqualification—repeat offenders, s 19           71

29          Automatic driver licence disqualification—first offenders, s 20              71

30          Automatic driver licence disqualification—repeat offenders, s 20           72

31          Automatic driver licence disqualification—first offenders, s 21              72

32          Automatic driver licence disqualification—repeat offenders, s 21           73

33          Automatic driver licence disqualification—first offenders, s 24              73

34          Automatic driver licence disqualification—repeat offenders, s 24           74

34A         Automatic driver licence disqualification—other disqualifying offences    74

35          Automatic driver licence disqualification—immediate suspension period   75

Part 7      Evidence

Division 7.1              Evidence—alcohol-related tests

41          Evidentiary certificate—alcohol-related tests  76

Division 7.2              Evidence—drug-related tests

41AA        Evidentiary certificates—drug-related tests  81

41AB        Evidentiary certificate—analysis of oral fluid sample  84

41AC        Evidentiary certificate—blood sample not taken  85

41AD        Evidentiary certificate—analysis of sample for prescribed drug etc        86

41AE        NSW evidentiary certificates—drug-related tests  87

Division 7.3              Other provisions about evidence

41A         Evidence for insurance purposes  87

42          Effect of noncompliance—analysis of breath or blood  90

42AA        Effect of noncompliance—analysis of oral fluid  90

42A         Effect of noncompliance—analysis of body sample  91

42B         Effect of noncompliance—refusal to give sample of breath                 91

42C         Effect of noncompliance—refusal to give sample of oral fluid               92

43          Oral evidence about part 7 certificate  92

Part 9      Miscellaneous

45          Requirement for screening test before arrest  94

47          Right of arrested person to medical examination  94

47A         Stopping, search and detaining—Crimes Act, s 207 and s 209            95

47B         Police may direct person not to drive  95

47C         Conducting alcohol-related tests and drug-related tests at same time     96

48          When police officer may move person’s motor vehicle  97

49          Default term of imprisonment  98

50          References to Motor Traffic (Alcohol and Drugs) Act etc  99

51          Regulation-making power  99

Schedule 1 Drugs  100

Dictionary101

Endnotes

1            About the endnotes  107

2            Abbreviation key  107

3            Legislation history  108

4            Amendment history  119

5            Earlier republications  138

6            Expired transitional or validating provisions  142

Road Transport (Alcohol and Drugs) Act 1977

An Act to provide for the detection of people who drive motor vehicles after consuming alcohol or drugs, for offences by those people, and to provide measures for the treatment and rehabilitation of those people

Part 1Preliminary

1. Name of Act

   This Act is the Road Transport (Alcohol and Drugs) Act 1977.

   Note 1This Act is part of the road transport legislation.  See the Road Transport (General) Act 1999 for various provisions about the administration and enforcement of the road transport legislation generally.

   Note 2Other road transport legislation includes the following:

   ·     Motor Accident Injuries Act 2019

   ·Road Transport (Driver Licensing) Act 1999

   ·Road Transport (General) Act 1999

   ·     Road Transport (Public Passenger Services) Act 2001

   ·Road Transport (Safety and Traffic Management) Act 1999

   ·     Road Transport (Vehicle Registration) Act 1999.

   Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).

   Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary defines certain terms, and includes references (signpost definitions) to other terms defined elsewhere in this Act or elsewhere in the road transport legislation.

   For example, the signpost definition ‘driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.’ means the term ‘driver licence’ is defined in that dictionary and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

   ·     s 19 (Prescribed concentration of alcohol in blood or breath)

   ·     s 20 (Prescribed drug in oral fluid or blood––driver or driver trainer)

   ·     s 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid)

   ·     s 22A (Refusing to provide oral fluid sample)

   ·     s 22B (Failing to stay for screening test)

   ·     s 22C (Refusing to undergo screening test)

   ·     s 23 (1) (Refusing blood test etc)

   ·     s 24A (Use vehicle or animal on road or road related area under influence of alcohol or drug)

   ·     s 25 (Consuming alcohol—driver or driver trainer)

   ·     s 47B (Police may direct person not to drive).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1AImportant concepts

4BMeaning of special driver

(1)For this Act, a person is a special driver if—

(a)the person is not the holder of an Australian driver licence, an external territory driver licence or a foreign driver licence from a recognised country; or

(b)the person holds a foreign driver licence that––

(i)is not issued under the law of a recognised country; or

(ii)if the licence is issued under the law of a recognised country––is a licence that corresponds to a licence mentioned in paragraph (e); or

(c)the person’s Australian driver licence or external driver licence is suspended; or

(d)the person is disqualified from holding or obtaining an Australian driver licence by a court in Australia or under the law of any jurisdiction; or

(e)the person holds a learner licence, provisional licence, probationary licence or restricted licence within the meaning given by the Road Transport (Driver Licensing) Act1999, dictionary; or

(f)the person is the holder of an Australian driver licence with an interlock condition or an equivalent condition under a corresponding law; or

(g)the person is the holder of an Australian driver licence and is driving a motor vehicle of a kind that the person is not authorised to drive by the licence; or

(h)the person is the driver of—

(i)a vehicle on which a sign, marking or placard is required to be displayed under the—

(A)Dangerous Goods (Road Transport) Act 2009; or

(B)Dangerous Substances Act 2004; or

(C)Work Health and Safety Act 2011; or

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(ii)a motor vehicle with a GVM of more than 15t; or

(iii)a combination with a GCM of more than 15t; or

(iv)a public passenger vehicle; or

(v)a light rail vehicle; or

(i)the person is learning to drive a heavy vehicle; or

(j)the person is a driving instructor who is with a driver for the purposes of—

(i)driver instruction; or

(ii)driver assessment; or

(k)the person is a heavy vehicle driver assessor who is with a driver for the purposes of driver assessment; or

(l)the person is a driving supervisor who is with a person who holds a learner licence (a learner driver) while the learner driver drives a motor vehicle that displays, or ought to display, L‑plates on a road or road related area; or

(m)the person is with a driver of a light rail vehicle and is—

(i)instructing the driver how to drive a light rail vehicle; or

(ii)assessing the driver’s suitability to drive a light rail vehicle.

(2)However, subsection (1) (a) does not apply to a person who is exempted from holding a driver licence under the Road Transport (Driver Licensing) Act 1999.

(3)In this section:

Austroads––see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

corresponding law––see the Road Transport (Driver Licensing) Act 1999, dictionary.

driver assessment—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

driver instruction—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

driving instructor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

driving supervisor—see the Road Transport (Driver Licensing) Regulation 2000, section 21 (1).

heavy vehicle—see the Heavy Vehicle National Law (ACT), section 6.

heavy vehicle driver assessor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

interlock condition––see the Road Transport (Driver Licensing) Regulation 2000, section 73W.

public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary.

recognised country––see the Road Transport (Driver Licensing) Regulation 2000, section 141.

4BAMeaning of driver trainer

For this Act, driver trainer means a person mentioned in section 4B (1) (j) to (m).

4CMeaning of prescribed concentration of alcohol

For this Act, the prescribed concentration of alcohol in a person’s blood or breath is—

(a)for a special driver—more than 0g of alcohol in 100mL of blood or 210L of breath; or

(b)for any other person—0.05g or more of alcohol in 100mL of blood or 210L of breath.

4DHow alcohol concentration may be expressed

(1)For this Act, an analysis of a concentration of alcohol in a person’s blood or breath may be expressed as follows:

(a)the amount of alcohol, in grams, in 100mL of blood if the analysis is based on—

(i)a sample of blood; or

(ii)a sample of breath measured by a breath analysis instrument;

(b)the amount of alcohol, in grams, in 210L of breath if the analysis is based on a sample of breath measured by a breath analysis instrument.

(2)For this Act, an amount of alcohol measured in grams as part of 210L of breath is equivalent to the same amount of alcohol in grams as part of 100mL of blood.

4EReference to level of alcohol concentration

For this Act, a reference to a concentration of alcohol at a level mentioned in an item in table 4E, column 2, is a reference to the concentration of alcohol mentioned in the item, column 3, in 100mL of blood or 210L of breath.

Table 4E

column 1 item	column 2 level	column 3 alcohol concentration range
1	level 1	less than 0.05g
2	level 2	0.05g or more but less than 0.08g
3	level 3	0.08g or more but less than 0.15g
4	level 4	0.15g or more

4FMeaning of first offender and repeat offender

(1)A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.

(2)A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if—

(a)the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted or found guilty of the relevant offence when the person committed the disqualifying offence); or

(b)the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence; or

(c)in the 5 years immediately before the disqualifying offence was committed, the person has—

(i)been issued with an infringement notice (however described) in relation to a corresponding offence; and

(ii)not disputed the infringement notice within the time allowed for the person to dispute the notice under the law of the jurisdiction where the notice was issued; or

(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.

(3)In this section:

relevant offence means—

(a)a disqualifying offence; or

(b)a corresponding offence; or

(c)an offence against the Crimes Act 1900, section 29 (Culpable driving of motor vehicle), in which the person who committed the offence was incapable of having proper control of a vehicle involved in the offence because of the influence of alcohol or a drug on the person.

NoteFound guilty, of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing), (see Legislation Act, dict, pt 1).

1. Authorisation of operators

   (1)The chief police officer may authorise a police officer to carry out either or both of the following for this Act:

   (a)breath analysis;

   (b)oral fluid analysis.

   (2)However, the chief police officer may authorise a police officer to carry out analysis mentioned in subsection (1) only if the chief police officer considers that the police officer is suitably qualified to carry out the analysis for which the police officer is to be authorised.

5ARegister of authorised operators

(1)The chief police officer must keep a register of police officers authorised under section 5.

(2)The register—

(a)must state whether a police officer is authorised to carry out breath analysis, oral fluid analysis or both; and

(b)must include the service number of each police officer authorised under section 5; and

(c)may include any other information the chief police officer considers appropriate.

(3)The register may be kept in any form, including electronically, that the chief police officer decides.

(4)The chief police officer may correct any mistake, error or omission in the register subject to any requirements prescribed by regulation.

(5)The chief police officer may change a detail included in the register to keep the register up-to-date.

(6)The register must be available for public inspection, free of charge, during normal business hours on any business day.

5BAppointment of analysts

The road transport authority may appoint a person as an analyst for this Act.

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

1. Approval of laboratories

   The road transport authority may, in writing, approve a laboratory or other entity as an approved laboratory for this Act.

Part 2Examination of people for alcohol or drugs

Division 2.1               Important concepts—alcohol and drug tests

1. Meaning of alcohol screening device

   In this Act:

   alcohol screening device means a device prescribed by regulation that is designed to analyse a sample of a person’s breath to indicate if the person’s blood or breath contains the presence of alcohol.

   NoteAn alcohol screening device is used to carry out an alcohol screening test.

7AMeaning of breath analysis instrument

In this Act:

breath analysis instrument means an instrument prescribed by regulation that is designed to analyse a sample of a person’s breath to record the concentration of alcohol in the person’s breath in either or both of the following:

(a)in grams per 100mL of blood;

(b)in grams per 210L of breath.

NoteA breath analysis instrument is used to carry out breath analysis.

7BMeaning of drug screening device

In this Act:

drug screening device means a device prescribed by regulation that is designed and made to indicate whether a prescribed drug is present in a person’s oral fluid when a sample of the person’s oral fluid is applied to the device.

7CMeaning of oral fluid analysis instrument

In this Act:

oral fluid analysis instrument means an instrument prescribed by regulation that is designed and made to indicate the presence of a prescribed drug in a sample of a person’s oral fluid.

7DTesting and maintenance of instruments etc

(1)A regulation may make provision in relation to the testing and maintenance of the following:

(a)alcohol screening devices;

(b)breath analysis instruments;

(c)oral fluid analysis instruments.

(2)Without limiting subsection (1), a regulation may make provision for approval by the chief police officer of people to test and maintain devices and instruments mentioned in that subsection.

Division 2.2               Alcohol—screening tests

1. Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer

   (1)A police officer may require a person to undergo 1 or more alcohol screening tests in accordance with the directions of that officer if—

   (a)the person is––

   (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; or

   (b)the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was––

   (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.

   (2)The person must remain at the place where the alcohol screening test is being carried out until the test is completed in accordance with the police officer’s directions.

   (3)In addition, if an alcohol screening device is not immediately available and the police officer has reasonable cause to suspect that the person has alcohol in the person’s body, the police officer may direct the person to remain at the place where the alcohol screening test is to be carried out for the time (not exceeding 30 minutes) reasonably necessary for an alcohol screening device to be made available and the test to be completed.

   Example—screening device not immediately available

   there is no working screening device at the place where the test is to be carried out

   NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

   (4)Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo 1 or more alcohol screening tests.

2. Power to require alcohol screening test if vehicle involved in accident––driver

   (1)If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo 1 or more alcohol screening tests in accordance with the directions of that officer—

   (a)if the police officer has reasonable cause to suspect that the person was the driver of the motor vehicle at the time of the accident; or

   (b)if—

   (i)the police officer does not know or has doubt as to who was the driver of the motor vehicle at the time of the accident; and

   (ii)the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

   (2)The person must remain at the place where the alcohol screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.

   Example—time reasonably necessary

   a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available

   NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

9APower to require alcohol screening test if vehicle involved in accident––driver trainer

(1)If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo 1 or more alcohol screening tests in accordance with the directions of that officer—

(a)if the police officer has reasonable cause to suspect that the person was the driver trainer in the motor vehicle at the time of the accident; or

(b)if—

(i)the police officer does not know or has doubt as to who was the driver trainer in the motor vehicle at the time of the accident; and

(ii)the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

(2)The person must remain at the place where the alcohol screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.

Example—time reasonably necessary

a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available

NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

1. Power to require alcohol screening test for culpable driving––driver and driver trainer

   (1)A police officer who has reasonable cause to suspect that a person has committed an offence of culpable driving may require the person to undergo 1 or more alcohol screening tests in accordance with the directions of that officer.

   (2)A police officer who has reasonable cause to suspect that a person was the driver trainer in a motor vehicle involved in an offence of culpable driving may require the person to undergo 1 or more alcohol screening tests in accordance with the directions of that officer.

   (3)The person must remain at the place where the alcohol screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.

   Example—time reasonably necessary

   a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available

   NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

10APower to enter premises for alcohol screening test

(1)This section applies if a police officer—

(a)suspects on reasonable grounds that a person—

(i)was the driver of a vehicle that was involved in an accident on a road or road related area; or

(ii)failed to comply with a police officer’s request or signal to stop a vehicle the person was driving on a road or road related area; and

(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

(c)requires the person to undergo 1 or more alcohol screening tests under this division; and

(d)believes on reasonable grounds that the person is on any premises.

(2)The police officer may enter the premises, using the force that is necessary and reasonable in the circumstances, for the purpose of requiring the person to undergo 1 or more alcohol screening tests.

(3)A police officer who enters premises under this section must not remain at the premises for longer than is necessary to conduct the required screening tests.

Division 2.3               Alcohol—confirmatory tests

1. Detention for breath analysis

   (1)This section applies if—

   (a)a person undergoes an alcohol screening test under a requirement made by a police officer under section 8, section 9, section 9A or section 10 and the alcohol screening device used for the test indicates that the concentration of alcohol in the person’s blood or breath is the prescribed concentration; or

   (b)a person required by a police officer to undergo an alcohol screening test under section 8, section 9, section 9A or section 10 fails to undergo the test in accordance with the directions of the police officer.

   NoteFail includes refuse, see the Legislation Act, dict, pt 1.

   (2)The police officer may take the person into custody.

   (3)For subsection (1) (a), if the police officer has reasonable cause to suspect that the person is a special driver, the prescribed concentration for the person is the prescribed concentration for a special driver.

   (4)If a person is taken into custody under this section, a police officer must take the person, as soon as practicable, to a police station or other convenient place (for example, a police vehicle) for the person to undergo breath analysis.

   Example—s (4)

   A person who is injured and is taken by a police officer to hospital for first aid and then to a police station for breath analysis has been taken to a police station as soon as practicable.

2. Breath analysis

   (1)A person who has been taken into custody under section 11 must give, in accordance with the reasonable directions of a police officer (the requesting police officer), a sample of the person’s breath for breath analysis.

   (2)A breath analysis must be carried out by an authorised operator.

   (3)A regulation may make provision in relation to the following:

   (a)the conditions for carrying out breath analysis;

   (b)the procedures to be followed in relation to carrying out breath analysis;

   (c)the circumstances in which the result of a breath analysis must be disregarded for this Act.

   (4)If, because of a regulation made for subsection (3) (c), the result of a breath analysis must be disregarded for this Act, the requesting police officer may, if another breath analysis instrument is available at the police station or other place where the requirement under subsection (1) is made, require the person to give, in accordance with the officer’s reasonable directions, a sample of the person’s breath for breath analysis using another breath analysis instrument.

   (5)As soon as practicable after the breath analysis has been carried out, the authorised operator who carried out the analysis must give the person a written statement, signed by the operator, containing the particulars required by regulation to be included in the statement.

   Example––written statement

   a print-out from the breath analysis instrument

3. Precautions for privacy—breath analysis

   (1)The authorised operator carrying out a breath analysis must take all steps that are practicable to ensure that it is not readily apparent to members of the public that the breath analysis is being carried out.

   (2)Subsection (1) does not apply if the breath analysis is carried out at a police station.

Division 2.4               Prescribed drugs—screening tests

13APower to require drug screening test if vehicle not involved in accident––driver and driver trainer

(1)A police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer if—

(a)the person is––

(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; or

(b)the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was––

(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.

(2)The person must remain at the place where the drug screening test is being carried out until the test is completed in accordance with the police officer’s directions.

(3)In addition, if a drug screening device is not immediately available and the police officer has reasonable cause to suspect that the person has a drug in the person’s body, the police officer may direct the person to remain at the place where the drug screening test is to be carried out for the time (not exceeding 30 minutes) reasonably necessary for a drug screening device to be made available and the test to be completed.

Example—screening device not immediately available

there is no working screening device at the place where the test is to be carried out

NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

(4)Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo a drug screening test.

13BPower to require drug screening test if vehicle involved in accident––driver

(1)If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer—

(a)if the police officer has reasonable cause to suspect that the person was the driver of the motor vehicle at the time of the accident; or

(b)if—

(i)the police officer does not know or has doubt as to who was the driver of the motor vehicle at the time of the accident; and

(ii)the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

(2)The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.

Example—time reasonably necessary

a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available

NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

13BAPower to require drug screening test if vehicle involved in accident––driver trainer

(1)If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer—

(a)if the police officer has reasonable cause to suspect that the person was the driver trainer in the motor vehicle at the time of the accident; or

(b)if—

(i)the police officer does not know or has doubt as to who was the driver trainer in the motor vehicle at the time of the accident; and

(ii)the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

(2)The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.

Example—time reasonably necessary

a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available

NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

13CPower to require drug screening test for culpable driving—driver and driver trainer

(1)A police officer who has reasonable cause to suspect that a person has committed an offence of culpable driving may require the person to undergo 1 or more drug screening tests in accordance with the directions of the officer.

(2)A police officer who has reasonable cause to suspect that a person was the driver trainer in a motor vehicle involved in an offence of culpable driving may require the person to undergo 1 or more drug screening tests in accordance with the directions of that officer.

(3)The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.

Example—time reasonably necessary

a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available

NoteA person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).

13CAPower to enter premises for drug screening test

(1)This section applies if a police officer—

(a)suspects on reasonable grounds that a person—

(i)was the driver of a vehicle that was involved in an accident on a road or road related area; or

(ii)failed to comply with a police officer’s request or signal to stop a vehicle the person was driving on a road or road related area; and

(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

(c)requires the person to undergo 1 or more drug screening tests under this division; and

(d)believes on reasonable grounds that the person is on any premises.

(2)The police officer may enter the premises, using the force that is necessary and reasonable in the circumstances, for the purpose of requiring the person to undergo 1 or more drug screening tests.

(3)A police officer who enters premises under this section must not remain at the premises for longer than is necessary to conduct the required screening tests.

Division 2.5               Prescribed drugs—confirmatory tests

13DDetention for oral fluid analysis

(1)This section applies if—

(a)a person undergoes a drug screening test under a requirement made by a police officer under section 13A, section 13B, section 13BA or section 13C and a drug screening device indicates to the police officer that a prescribed drug is present in the person’s oral fluid; or

(b)a person who has been required by a police officer under section 13A, section 13B, section 13BA or section 13C to undergo a drug screening test fails to undergo the screening test in accordance with the direction of the police officer.

NoteFail includes refuse, see the Legislation Act, dict, pt 1.

(2)The police officer may take the person into custody.

(3)If the person is taken into custody, a police officer must take the person, as soon as practicable, to a police station or another convenient place (for example, a police vehicle) to carry out an oral fluid analysis for the person.

13EOral fluid—preliminary analysis

(1)A person who has been taken into custody under section 13D must give, in accordance with the reasonable directions of a police officer, a sufficient sample of the person’s oral fluid (the sample) for oral fluid analysis.

(2)An authorised operator must carry out an oral fluid analysis on a part of the sample.

(3)A regulation may make provision in relation the following:

(a)the conditions for carrying out an oral fluid analysis;

(b)the procedures to be followed in relation to carrying out an oral fluid analysis;

(c)the circumstances in which the result of an oral fluid analysis must be disregarded for this Act.

(4)If, because of a regulation made for subsection (3) (c), the result of an oral fluid analysis must be disregarded, the requesting police officer may, if another oral fluid analysis instrument is available at the police station or other place where the requirement under subsection (1) is made, require the person to give, in accordance with the officer’s reasonable directions, another sufficient sample of the person’s oral fluid for oral fluid analysis using another oral fluid analysis instrument.

(5)If an oral fluid analysis is not to be disregarded for this Act, the authorised operator who carried out the analysis must—

(a)place the part of the sample not analysed under this section into a container; and

(b)attach a label to the container that includes the following information:

(i)the authorised operator’s name;

(ii)the name of the person who gave the sample;

(iii)the date and time the sample was given; and

(c)ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it.

(6)As soon as practicable after the oral fluid analysis has been carried out, the authorised operator who carried out the analysis must give the person a written statement, signed by the operator, containing the particulars required by regulation to be included in the statement.

Example––written statement

a print-out from the oral fluid analysis instrument

13FPrecautions for privacy—oral fluid analysis

(1)The authorised operator carrying out an oral fluid analysis must take all steps that are practicable to ensure that it is not readily apparent to members of the public that the oral fluid analysis is being carried out.

(2)Subsection (1) does not apply if the oral fluid analysis is carried out at a police station.

13GOral fluid—confirmatory analysis

(1)This section applies to the part of a sample of a person’s oral fluid stored and sealed in a container under section 13E (5) (the sample).

(2)The chief police officer must ensure that the sample is taken to an approved laboratory as soon as practicable after it is stored and sealed under section 13E (5).

(3)An analyst at the approved laboratory to which the sample is taken under subsection (2) must, as soon as practicable, arrange for the analysis of the sample at the laboratory or another approved laboratory to work out whether a prescribed drug is present in the sample.

(4)An analyst responsible for testing the sample must take reasonable care to ensure that a part of the sample (the preserved part) sufficient for analysis to be carried out for the person who gave the sample (the tested person) is protected and preserved until—

(a)if a request is made under subsection (6)—the preserved part is sent to the laboratory nominated by the tested person; or

(b)in any other case—

(i)1 year has passed since the sample was taken from the tested person; or

(ii)if a request is made by the DPP under section 16C (Keeping of samples—request by DPP)—the end of the proceeding to which the sample relates.

(5)However, subsection (4) does not apply if the amount of sample remaining after analysis under subsection (3) is insufficient for further analysis.

(6)Before the end of the period mentioned in subsection (4) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person’s expense, to a laboratory nominated by the person.

(7)If a request is made under subsection (6), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.

13HOral fluid analysis statement

(1)As soon as practicable after an analysis of a sample of a person’s oral fluid is carried out under section 13G, the chief police officer must ensure the person is given a written statement that includes the following information:

(a)the date and the time the oral fluid sample was taken;

(b)the unique identifying number on the tamper-evident seal;

(c)the result of the analysis;

(d)the address where the preserved part of the oral fluid sample is being held;

(e)that the person will be notified, in writing, of a request (if any) by the DPP under section 16C (Keeping of samples—request by DPP);

(f)that the person may, before the end of the period mentioned in section 13G (4) (b), ask the analyst to send the preserved part of the oral fluid sample to a laboratory nominated by the person, at the person’s expense.

(2)In this section:

preserved part—see section 13G (4).

Division 2.6               Restrictions on alcohol and drug tests

1. Restrictions on tests etc under this part

   (1)A police officer must not require a person to undergo a screening test, or provide a sample of the person’s breath or oral fluid for analysis under section 12 (Breath analysis) or section 13E (Oral fluid—preliminary analysis)—

   (a)for an accident—

   (i)if the person is taken to hospital—if more than 2 hours have elapsed since the person arrived at the hospital; or

   (ii)in any other case—if more than 2 hours have elapsed since the accident occurred; or

   (b)in any other case—if more than 2 hours have elapsed since the person ceased to be the driver of the motor vehicle or the driver trainer in the motor vehicle.

   (2)If subsection (1) (a) (ii) applies and—

   (a)a police officer attending the scene of the accident has doubt as to the time when the accident occurred; and

   (b)the relevant person is found at or near the scene of the accident; and

   (c)the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident;

   subsection (1) applies in relation to that person if more than 2 hours have elapsed since the person was found.

   (3)A police officer must not require a person to undergo a screening test, or provide a sample of the person’s breath or oral fluid for analysis under section 12 or section 13E—

   (a)if it appears to the police officer that it may, because of injury suffered by the person or otherwise, be dangerous or not practicable for the person to undergo the screening test or to provide the sample; or

   (b)if the person is in hospital and the doctor or nurse practitioner attending the person certifies in writing that, in the opinion of the doctor or nurse practitioner, complying with the requirement would be prejudicial to the proper care and treatment of the person or dangerous to the person’s health; or

   (c)for a person who is at the place where the person usually lives—

   (i)unless the person was, or the officer has reasonable cause to suspect that the person was, the driver of or driver trainer in a motor vehicle when it was involved in an accident on a road or road related area; or

   (ii)unless the officer has reasonable cause to suspect that the person has committed, or was the driver trainer during the commission of, an offence of culpable driving; or

   (iii)unless the requirement is made immediately after a motor vehicle driven by the person, or in which the person was a driver trainer, has stopped at or near the place where the person usually lives and the officer making the requirement has followed the motor vehicle while it was being driven on the road.

   (4)If the person is in hospital, the police officer must, before making the requirement, tell the doctor or nurse practitioner attending the person of the officer’s intention to make the requirement.

   (5)In this section:

   screening test means an alcohol screening test or drug screening test.

Division 2.7               Analysis of blood—alcohol and drugs

1. Taking blood samples from people in custody

   (1)If—

   (a)a police officer does not, because of section 14 (3) (a) or (b) require a person to undergo a screening test or to provide a sample of breath or oral fluid for analysis; or

   (b)it is not practicable to carry out a breath or oral fluid analysis because—

   (i)for a breath analysis, a breath analysis instrument is not available or an available breath analysis instrument is not in working order; or

   (ii)for oral fluid analysis, an oral fluid analysis instrument is not available or an available oral fluid analysis instrument is not in working order; or

   (c)a person is unable to provide a sufficient sample of oral fluid for analysis;

   the police officer may require the person to permit a sample of the person’s blood to be taken by a doctor or a nurse for analysis and, if the person is not in hospital, may take the person into custody and take the person, or place the person in the custody of another police officer who must take the person, as soon as practicable, to a hospital or sampling facility for that purpose.

   (2)A requirement must not be made under subsection (1) after the end of whichever of the periods specified in section 14 (1) or (2) applies in relation to the person.

   (3)In this section—

   (a)a reference to the taking of a blood sample is a reference to the taking of a blood sample under a requirement under subsection (1); and

   (b)a reference to an analysis of a blood sample is a reference to an analysis of the sample to detect alcohol, or a prescribed drug, or both.

   (4)A sample of a person’s blood must be taken as soon as practicable after the arrival of the person at hospital or at the sampling facility and must not be taken more than 2 hours after the arrival of the person at hospital or at the facility.

   (5)A doctor or nurse must not refuse to take a sample of a person’s blood for analysis—

   (a)if permitted to do so by the person under subsection (1); or

   (b)if the person is unconscious or the doctor or nurse is of the opinion that the person is, because of their medical condition, incapable of giving or refusing permission to take such a sample—if requested to do so by a police officer under this section.

   Maximum penalty:  10 penalty units.

   (6)A police officer must not make a request under subsection (5) after the end of whichever of the periods specified in section 14 (1) or (2) applies in relation to the person.

   (7)The doctor or nurse (the sample taker) taking a sample of blood from a person (the tested person) must—

   (a)take the sample in the presence of a police officer; and

   (b)place the sample into a container; and

   (c)attach a label to the container that includes the following information:

   (i)the sample taker’s name;

   (ii)the tested person’s name;

   (iii)the date and time the sample was taken; and

   (d)ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and

   (e)put the sealed container into a one-way box.

   (8)The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.

15AATaking blood samples from people in hospital

(1)This section applies if a doctor or nurse attending to a person in a hospital believes on reasonable grounds that—

(a)the person—

(i)was involved in an accident; and

(ii)is at least 15 years old; and

(iii)was admitted to the hospital for examination or treatment because of the accident; and

(b)the accident happened not more than 6 hours before the person arrived at the hospital.

(2)The doctor or nurse must, as soon as practicable but not more than 2 hours after the person arrives at the hospital, take a sample of the person’s blood for analysis.

(3)A doctor or nurse must not fail to take a sample of blood under subsection (2) only because—

(a)the person is unconscious; or

(b)the doctor or nurse is of the opinion that the person is, because of their medical condition, incapable of giving or refusing permission to take such a sample.

NoteSee s 17 (2) for circumstances when a doctor or nurse is not required to take a sample of blood.

(4)The person (the sample taker) taking a sample of blood from a patient must—

(a)place the sample into a container; and

(b)attach a label to the container that includes the following information:

(i)the sample taker’s name;

(ii)the patient’s name;

(iii)the date and time the sample was taken; and

(c)ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and

(d)put the sealed container into a one-way box.

(5)The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.

(6)In this section:

accident means an accident on a road or road related area, whether within or outside the ACT and whether or not it involves a motor vehicle.

animal means a horse, cattle or sheep.

drive, a vehicle—see section 24A (5).

involved in an accident—a person was involved in an accident if the person—

(a)was a driver or driver trainer of a motor vehicle involved in an accident; or

(b)was driving, or attempting to drive, a vehicle involved in an accident; or

(c)was riding, or attempting to ride, an animal involved in an accident; or

(d)was a pedestrian involved in an accident that involved a vehicle or motor vehicle.

vehicle—see section 24A (5).

15AAnalysis of blood samples

(1)This section applies if, under section 15 or section 15AA—

(a)a sample of blood is taken from a person (the tested person) for analysis; and

(b)an analyst has collected the sealed container containing the sample from a one-way box.

(2)The analyst must, as soon as practicable, arrange for the analysis of the sample of blood at an approved laboratory to work out, in accordance with a request made by a police officer—

(a)the concentration of alcohol in the blood; or

(b)whether a prescribed drug is present in the blood.

(3)If a police officer has reasonable cause to suspect that the tested person has a drug other than a prescribed drug or alcohol in the person’s body, or that the tested person’s behaviour may be affected by the presence of a drug other than a prescribed drug or alcohol in the person’s body, the police officer may ask the analyst to work out the following:

(a)whether 1 or more drugs other than a prescribed drug or alcohol are present in the sample;

(b)if a drug other than a prescribed drug or alcohol is present in the sample—the concentration, quantity or other measurement of the drug.

(4)The analyst must, as far as practicable, comply with the police officer’s request.

(5)The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out for the tested person (the preserved part) is protected and preserved until—

(a)if a request is made under subsection (7)—the preserved part is sent to the laboratory nominated by the tested person; or

(b)in any other case—

(i)1 year has passed since the sample was taken from the tested person; or

(ii)if a request is made by the DPP under section 16C (Keeping of samples—request by DPP)—the end of the proceeding to which the sample relates.

(6)However, subsection (5) does not apply if the amount of sample remaining after analysis under subsection (2) is insufficient for further analysis.

(7)Before the end of the period mentioned in subsection (5) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person’s expense, to a laboratory nominated by the person.

(8)If a request is made under subsection (7), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.

15BBlood analysis statement

(1)As soon as practicable after an analysis of a sample of a person’s blood is carried out under section 15A, the chief police officer must ensure the person is given a written statement that includes the following information:

(a)the date and the time the blood sample was taken;

(b)the unique identifying number on the tamper-evident seal;

(c)the place where the blood sample was taken;

(d)the result of the analysis;

(e)the address where the preserved part of the blood sample is being held;

(f)that the person will be notified, in writing, of a request (if any) by the DPP under section 16C (Keeping of samples—request by DPP);

(g)that the person may, before the end of the period mentioned in section 15A (5) (b), ask the analyst to send the preserved part of the blood sample to a laboratory nominated by the person, at the person’s expense.

(2)In this section:

preserved part—see section 15A (5).

1. Medical examination—offence against s 24 or culpable driving

   (1)This section applies to a person who has been––

   (a)required to undergo––

   (i)an alcohol screening test, or to provide a sample of the person’s breath for analysis under section 12 (Breath analysis); or

   (ii)if it is practicable to do so––a drug screening test, or to provide a sample of the person’s oral fluid for analysis under section 13E (Oral fluid––preliminary analysis); and

   Examples––impracticability

   1     drug screening device not readily available

   2drug screening test or oral fluid analysis cannot be conducted before time limits for testing the person expire

   (b)arrested on reasonable suspicion of having committed an offence against section 24 (Driving under the influence of intoxicating liquor or a drug) or an offence of culpable driving.

   Examples––reasonable suspicion

   1the way the person was driving

   2the way the person is behaving

   3a breath analysis the person was required to undergo indicates that a prescribed concentration of alcohol is present in the person’s breath

   (2)If a police officer has reasonable cause to suspect—

   (a)that the person has in the person’s body a drug, including a prescribed drug or alcohol; or

   (b)that the behaviour of the person does not arise, or does not wholly arise, from the presence of alcohol in the person’s body;

   the police officer may require the person to submit to a medical examination and to give, or permit the taking of, body samples in accordance with this section for the purpose of ascertaining whether the condition of the person is caused, or contributed to, by the presence in the person’s body of a drug, including a prescribed drug or alcohol.

   (3)If the person is not in hospital and is not otherwise in custody under this Act, the police officer may take the person into custody and take the person, or place the person in the custody of another police officer who must take the person, as soon as practicable to a hospital or sampling facility for the purposes of the medical examination.

   (4)A doctor or nurse practitioner requested by a police officer to carry out a medical examination of the person for the purpose mentioned in subsection (2) must carry out the medical examination within 2 hours of the person’s arrival at hospital or the sampling facility.

   Maximum penalty:  10 penalty units.

   (5)A doctor or nurse practitioner requested by a police officer to take a sample from the body of a person to whom this section applies for the purpose mentioned in subsection (2) must, within 2 hours of the person’s arrival at hospital or the sampling facility—

   (a)take the sample; or

   (b)request a nurse to take the sample.

   Maximum penalty:  10 penalty units.

   (6)A nurse requested by a doctor, nurse practitioner or police officer to take a sample from the body of a person to whom this section applies must take the sample within 2 hours of the person’s arrival at hospital or the sampling facility.

   Maximum penalty:  10 penalty units.

   (7)The person (the sample taker) taking a sample from a person (the tested person) under this section must—

   (a)place the sample into a container; and

   (b)attach a label to the container that includes the following information:

   (i)the sample taker’s name;

   (ii)the tested person’s name;

   (iii)the date and time the sample was taken; and

   (c)ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and

   (d)put the sealed container into a one-way box.

   (8)The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.

16AAnalysis of body samples

(1)This section applies if, under section 16—

(a)a body sample is taken from a person (the tested person) for analysis; and

(b)an analyst has collected the sealed container containing the sample from a one-way box.

(2)The analyst must, as soon as practicable, arrange for the analysis of the sample at an approved laboratory to work out, as far as practicable—

(a)whether any drug, including a prescribed drug or alcohol was present in the tested person’s body when the sample was taken; and

(b)if the sample is of the tested person’s blood—the concentration, quantity or other measurement of a drug, including a prescribed drug or alcohol, in the sample.

(3)The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out for the tested person (the preserved part) is protected and preserved until—

(a)if a request is made under subsection (5)—the preserved part is sent to the laboratory nominated by the tested person; or

(b)in any other case—

(i)1 year has passed since the sample was taken from the tested person; or

(ii)if a request is made by the DPP under section 16C (Keeping of samples—request by DPP)—the end of the proceeding to which the sample relates.

(4)However, subsection (3) does not apply if the amount of sample remaining after analysis under subsection (2) is insufficient for further analysis.

(5)Before the end of the period mentioned in subsection (3) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person’s expense, to a laboratory nominated by the person.

(6)If a request is made under subsection (5), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.

16BBody sample statement

(1)As soon as practicable after an analysis of a person’s body sample is carried out under section 16A, the chief police officer must ensure the person is given a written statement that includes the following information:

(a)the date and the time the body sample was taken;

(b)the unique identifying number on the tamper-evident seal;

(c)the place where the body sample was taken;

(d)the result of the analysis;

(e)the address where the preserved part of the body sample is being held;

(f)that the person will be notified, in writing, of a request (if any) by the DPP under section 16C (Keeping of samples—request by DPP);

(g)that the person may, before the end of the period mentioned in section 16A (3) (b), ask the analyst to send the preserved part of the body sample to a laboratory nominated by the person, at the person’s expense.

(2)In this section:

preserved part—see section 16A (3).

16CKeeping of samples—request by DPP

(1)This section applies if—

(a)a blood, an oral fluid or other body sample was taken from a person (the tested person) under this part for analysis; and

(b)the preserved part of the sample—

(i)is being kept at the approved laboratory where the analysis was carried out; and

(ii)has not been sent to a nominated laboratory under section 13G (6) (Oral fluid––confirmatory analysis), section 15A (7) (Analysis of blood samples) or section 16A (5) (Analysis of body samples); and

(c)a proceeding against the tested person—

(i)has not yet begun; or

(ii)has begun and not yet been finally decided (including any appeals).

(2)The DPP may ask the approved laboratory to keep the preserved part of the sample until the end of the proceeding (including any appeals).

(3)If the DPP makes a request under subsection (2), the DPP must tell the tested person about the request as soon as practicable.

(4)In this section:

preserved part—

(a)in relation to an oral fluid sample–– see section 13G (4); or

(b)in relation to a blood sample—see section 15A (5); or

(c)in relation to a body sample (other than an oral fluid sample)—see section 16A (3).

16DDestruction of samples

(1)This section applies to the part of a sample preserved under section 13G (4) (Oral fluid––confirmatory analysis), section 15A (5) (Analysis of blood samples) or section 16A (3) (Analysis of body samples).

(2)An analyst must arrange for the preserved part to be destroyed after the end of the period for which the preserved part must be kept under section 13G (4) (b), section 15A (5) (b) or section 16A (3) (b).

1. Exemptions from requirements to take blood samples or carry out examinations

   (1)In this section:

   specified procedure means—

   (a)the taking of a sample—

   (i)of a person’s blood under this Act; or

   (ii)from the body of a person under section 16; or

   (b)the carrying out of a medical examination under section 16.

   (2)A doctor or nurse is not required to carry out a specified procedure on a person—

   (a)if the doctor or nurse is of the opinion that to do so would be prejudicial to the proper care and treatment of the person or dangerous to the person’s health; or

   (b)for a procedure under section 15 (Taking blood samples from people in custody), section 15AA (Taking blood samples from people in hospital) or section 16 (Medical examination—offence against s 24 or culpable driving)—if the person objects to the carrying out of the procedure and persists in so objecting after a doctor, nurse or police officer has informed the person that, unless the objection is based on religious or other conscientious grounds or on medical grounds, the refusal may constitute an offence punishable as provided by this Act; or

   (c)for a procedure under section 15AA, if—

   (i)the doctor or nurse believes on reasonable grounds that a sample of the person’s blood—

   (A)has already been taken under this Act; or

   (B)will be taken under section 15; or

   (ii)the behaviour of the person or another circumstance prevents the doctor or nurse from carrying out the procedure.

   (3)It is a defence to a prosecution for a breach of section 15 (5) or section 16 (4), (5) or (6) if the defendant satisfies the court that—

   (a)because of the behaviour of the person in relation to whom the relevant specified procedure was to be carried out, the defendant was unable to comply with the subsection; or

   (b)there was other reasonable cause for the failure to comply with the subsection.

2. Protection of police officers and medical staff

   (1)A police officer to whom this section applies who, in the exercise or intended exercise of a power given by this Act, takes a person into custody and takes the person to a place for the purpose of this Act, is not liable, only because of the taking into custody of the person and the holding of the person in custody, in an action arising out of the taking into custody of the person and holding of the person in custody.

   (2)Subsection (1) applies to—

   (a)a police officer who believes on reasonable grounds that a person who has been taken into custody is liable to be taken into custody; and

   (b)if such a police officer has taken a person into custody and has placed the person in the custody of another police officer—that other police officer.

   (3)A person who is taken into custody in relation to an offence against this Act must not be held in custody after—

   (a)if the sample of the person’s breath or oral fluid has been analysed—the time when the authorised operator gives the person the written statement mentioned in section 12 (5) or section 13E (6); or

   (b)if the person is required to permit the taking of a sample of the person’s blood or to submit to a medical examination—the sample of the blood of the person has been taken or the medical examination is completed; or

   (c)the end of whichever of the periods mentioned in section 14 (1) applies in relation to the person.

   (4)The Territory must indemnify and keep indemnified a doctor or nurse who carries out a specified procedure when required to do so by this Act in relation to any damages that the doctor or nurse becomes liable to pay as a result of carrying out the procedure.

   (5)In subsection (4):

   specified procedure—see section 17 (1).

   (6)Subsection (4) applies whether the person was or was not capable, because of the person’s mental condition, of giving or refusing consent to the taking of a sample of blood or to the medical examination.

18BPermitted use of samples

A sample of oral fluid, blood or any other body sample given or taken under this Act may only be used for the following purposes:

(a)analysis of the sample in accordance with this Act;

(b)research relating to drivers of motor vehicles affected by drugs, but only if identifying information about the person who provided the sample cannot be ascertained from it;

(c)a proceeding for an offence of culpable driving;

(d)a proceeding for an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5A (Races, attempts on speed records, speed trials etc) or section 7 (Furious, reckless or dangerous driving).

Division 2.8               Search and seizure

18CPower to search person in custody

(1)A police officer may search a person who is taken into custody under the following sections and may take possession of anything found in the person’s possession:

(a)section 11 (Detention for breath analysis);

(b)section 13D (Detention for oral fluid analysis);

(c)section 15 (Taking blood samples from people in custody).

(2)For the purposes of the search, the officer may request the assistance of another police officer of the same sex as the person being searched.

(3)A person is entitled to the return of anything taken from the person under subsection (1) when the person ceases to be in custody, other than––

(a)a seizable item; or

(b)an item that may otherwise be seized or retained under another territory law.

(4)In this section:

search means a search of a person or of anything in the person’s possession, and may include––

(a)requiring the person to remove only the person’s overcoat, coat, jacket or a similar article of clothing and any footwear, gloves or headwear; and

(b)an examination of them.

seizable item means a seizable item under the Crimes Act 1900, part 10.

NoteA seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody (see Crimes Act 1900, pt 10).

Part 3Offences

1. Prescribed concentration of alcohol in blood or breath

   (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.

   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).

   (2)Strict liability applies to subsection (1).

   (3)A driver trainer convicted of an offence against subsection (1) is not punishable by imprisonment.

   (4)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.

   (5)In this section:

   relevant period means the period beginning when the person ceased to be the driver of the vehicle or the driver trainer in the vehicle and ending at the latest time when—

   (a)a breath analysis of the person could be carried out under this Act; 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 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

19ADefence if person did not intend to drive motor vehicle—s 19

If a person charged with an offence against section 19 was the driver of the 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—

1. Amendment history

   Preliminary

   pt 1 hdg note        am A2001‑44 amdt 1.3669; A2001‑62 amdt 1.4

   om A2005‑20 amdt 3.343

   Name of Act

   s 1sub A1999‑79 sch 3

   am A2005‑20 amdt 3.344; A2008‑1 amdt 1.12; A2009‑22 amdt 1.2; am A2013‑52 s 9, s 10; A2019‑12 amdt 3.73, amdt 3.74

   Dictionary

   s 2 hdg(prev s 3 hdg) sub A2005‑20 amdt 3.345

   s 2orig s 2 om A2001‑27 amdt 3.2

   (prev s 3) sub A1999‑79 sch 3

   renum as s 2 A2006‑12 s 4

   Notes

   s 3orig s 3 renum as s 2

   (prev s 4) am A1997‑51 s 4 (d)

   defs reloc (in pt) to dict A1999‑79 sch 3

   om (in pt) A1999‑79 sch 3

   sub A1999‑79 sch 3

   renum as s 3 A2006‑12 s 4

   def approved analyst om A1999‑79 sch 3

   def approved breath analysing instrument am Ord1980‑37 s 3

   om A1992‑63 s 3

   def approved breath analysis instrument ins A1992‑63 s 3

   om A1992‑63 s 3

   def approved operator am Ord1985‑51 sch

   om A1999‑79 sch 3

   def approved rehabilitation program ins A1997‑51 s 4 (c)

   om A1992‑63 s 3

   def approved screening device om A1999‑79 sch 3

   defCommonwealth vehicle ins A1993‑58 s 4 (c)

   sub A1996‑48 s 4

   om A1992‑63 s 3

   def dangerous goods vehicle ins A1990‑64 s 4 (b)

   om A1992‑63 s 3

   def drive a motor vehicle om A1999‑79 sch 3

   def experienced driver ins A1990‑64 s 4 (b)

   am A1993‑58 s 4 (a)

   om A1992‑63 s 3

   def heavy motor vehicle ins A1990‑64 s 4 (b)

   am A1996‑7 s 10

   om A1992‑63 s 3

   def level ins A1997‑51 s 4 (c)

   om A1992‑63 s 3

   def medical practitioner am A1989‑24 s 3 (a)

   om A1999‑79 sch 3

   def offence involving alcohol or drugs am Ord1981‑29 s 2; A1992‑63 sch

   om A1997‑51 s 4 (b)

   def public place om A1999‑79 sch 3

   def special driver ins A1997‑51 s 4 (c)

   om A1999‑79 sch 3

   Offences against Act—application of Criminal Code etc

   s 4orig s 4 renum as s 3

   ins A2006‑12 s 5

   am A2010‑27 s 4; A2010‑47 s 4; A2014-21 s 4; A2015‑30 s 6, A2019-21 s 7; A2022‑5 s 5; A2024‑20 s 4

   Important concepts

   pt 1A hdgins A2010‑47 s 5

   Meaning of public place

   s 4Ains A1999‑79 sch 3

   am A2002‑49 amdt 3.223; A2010‑43 amdts 1.59-1.61

   om A2011‑15 s 5

   Meaning of special driver

   s 4Bins A1999‑79 sch 3

   am A2001‑44 amdts 1.3670-1.3672; A2001‑62 amdt 1.5; A2004‑7 amdt 1.12, amdt 1.13; A2010‑18 amdt 3.12; A2010‑47 s 6, s 7; A2011‑15 s 6, s 7; pars renum R25 LA; A2013‑52 s 11; A2013‑24 s 4, s 5; pars renum R36 LA; A2017‑21 s 4, s 5; A2018‑8 amdt 1.40; A2025‑29 amdt 3.270

   Meaning of driver trainer

   s 4BAins A2011‑15 s 8

   am A2017‑21 s 6

   Meaning of prescribed concentration of alcohol

   s 4Cins A1999‑79 sch 3

   table renum R12 LA

   sub A2010‑47 s 8

   How alcohol concentration may be expressed

   s 4Dins A1999‑79 sch 3

   am A2001‑27 amdt 3.3, amdt 3.4

   def relevant offence am A2001‑27 amdt 3.5

   par (g) exp 1 March 2005 (s 52)

   sub A2010‑47 s 8

   Reference to level of alcohol concentration

   s 4Eins A2010‑47 s 8

   Meaning of first offender and repeat offender

   s 4Fins A2010‑47 s 8

   (3), (4) exp 1 December 2015 (s 4F (4))

   ss renum R38 LA

   am A2019‑21 s 8; A2024‑20 s 5

   Authorisation of operators

   s 5am Ord1980‑37 s 4; Ord1985‑51 s 4; A1992‑63 s 4, s 8 (2); A1999‑79 sch 3; A2001‑44 amdt 1.3673, amdt 1.3674

   sub A2010‑27 s 5; A2010‑47 s 8; A2025‑29 amdt 3.271

   Register of authorised operators

   s 5Ains A2010‑27 s 5

   sub A2010‑47 s 8

   Appointment of analysts

   s 5Bins A2010‑47 s 8

   Approval of laboratories

   s 6am Ord1985‑51 s 5, sch; A1989‑24 sch; A1992‑63 s 8 (2); A1999‑79 sch 3; A2001‑44 amdt 1.3675, amdt 1.3676

   sub A2006‑12 s 6

   am A2010‑27 s 6

   sub A2010‑47 s 8

   Important concepts—alcohol and drug tests

   div 2.1 hdgins A2010‑47 s 9

   Meaning of alcohol screening device

   s 7am Ord1978‑46; Ord1981‑16

   sub A1999‑79 sch 3

   om A2001‑44 amdt 1.3677

   ins A2010‑47 s 9

   Meaning of breath analysis instrument

   s 7Ains A2010‑47 s 9

   Meaning of drug screening device

   s 7Bins A2010‑47 s 9

   Meaning of oral fluid analysis instrument

   s 7Cins A2010‑47 s 9

   Testing and maintenance of instruments etc

   s 7Dins A2010‑47 s 9

   Alcohol—screening tests

   div 2.2 hdgins A2010‑47 s 9

   Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer

   s 8 hdgsub A2010‑47 s 10

   s 8am Ord1982‑94; Ord1985‑51 sch; A1989‑24 sch; A1999‑79 sch 3; A2010‑47 s 11

   sub A2011‑15 s 9

   am A2013‑20 amdt 1.3; A2014-21 s 5; ss renum R34 LA

   Power to require alcohol screening test if vehicle involved in accident––driver

   s 9 hdgsub A2010‑47 s 12; A2011‑15 s 10

   s 9am Ord1985‑51 sch; A1989‑24 sch; A2010‑47 s 13; A2011‑15 s 74; A2013‑20 amdt 1.3; A2014-21 s 6

   Power to require alcohol screening test if vehicle involved in accident––driver trainer

   s 9Ains A2011‑15 s 11

   am A2013‑20 amdt 1.3; A2014-21 s 7

   Power to require alcohol screening test for culpable driving––driver and driver trainer

   s 10 hdgsub A2010‑47 s 14; A2011‑15 s 12

   s 10am Ord1985‑51 sch; A1989‑24 sch; A2010‑47 s 15; A2011‑15 s 13; A2013‑20 amdt 1.3; A2014-21 s 8

   Power to enter premises for alcohol screening test

   s 10Ains Ord1982‑94

   am Ord1985‑51 sch; A1989‑24 sch; A1990‑64 s 5

   om A1999‑11 s 4

   ins A2016‑3 s 5

   am A2024‑20 s 6

   Alcohol—confirmatory tests

   div 2.3 hdgins A2010‑47 s 16

   Detention for breath analysis

   s 11am Ord1977‑52; Ord1985‑51 sch; A1990‑64 s 6; A1992‑63 s 5; A1997‑51 s 5

   sub A2010‑27 s 7; A2010‑47 s 16

   am A2011‑15 s 14

   Breath analysis

   s 12am Ord1982‑94; Ord1985‑51 s 6, sch; A1989‑24 sch;A1992‑63 s 8 (1); ss renum R9 LA

   sub A2010‑27 s 7; A2010‑47 s 16

   am A2011‑15 s 15

   Analysis of oral fluid at approved laboratory

   s 12AAins A2010‑27 s 8

   om A2010‑47 s 16

   Precautions for privacy—breath analysis

   s 13 hdgsub A2010‑47 s 17

   s 13am A1992‑63 s 6; A2010‑27 s 9; A2010‑47 s 18, s 19; A2013‑19 amdt 3.389

   Prescribed drugs—screening tests

   div 2.4 hdgins A2010‑47 s 20

   Power to require drug screening test if vehicle not involved in accident––driver and driver trainer

   s 13Ains A2010‑47 s 20

   sub A2011‑15 s 16

   am A2014-21 s 9; ss renum R34 LA

   Power to require drug screening test if vehicle involved in accident––driver

   s 13B hdgsub A2011‑15 s 17

   s 13Bins A2010‑47 s 20

   am A2011‑15 s 74; A2014-21 s 10

   Power to require drug screening test if vehicle involved in accident––driver trainer

   s 13BAins A2011‑15 s 18

   am A2014-21 s 11

   Power to require drug screening test for culpable driving—driver and driver trainer

   s 13C hdgsub A2011‑15 s 19

   s 13Cins A2010‑47 s 20

   am A2011‑15 s 20; ss renum R25 LA; A2014-21 s 12

   Power to enter premises for drug screening test

   s 13CAins A2016‑3 s 6

   am A2024‑20 s 7

   Prescribed drugs—confirmatory tests

   div 2.5 hdgins A2010‑47 s 20

   Detention for oral fluid analysis

   s 13Dins A2010‑47 s 20

   am A2011‑15 s 21

   Oral fluid—preliminary analysis

   s 13Eins A2010‑47 s 20

   am A2011‑15 s 22

   Precautions for privacy—oral fluid analysis

   s 13Fins A2010‑47 s 20

   am A2013‑19 amdt 3.390

   Oral fluid—confirmatory analysis

   s 13Gins A2010‑47 s 20

   am A2011‑15 s 23, s 24

   Oral fluid analysis statement

   s 13Hins A2011‑15 s 25

   Restrictions on alcohol and drug tests

   div 2.6 hdgins A2010‑47 s 20

   Restrictions on tests etc under this part

   s 14 hdgsub A2010‑27 s 10; A2010‑47 s 21

   s 14am Ord1982‑94 s 6; Ord1985‑51 sch; A1989‑24 s 4; A1999‑79 sch 3; ss renum R9 LA; A2004‑10 s 40, s 41; pars renum R23 LA; A2010‑27 ss 11-13; A2010‑47 ss 22-24; A2011‑15 ss 26‑28; A2018‑42 amdt 1.35; A2019-21 s 9; A2025‑29 amdt 3.272, amdt 3.273

   Analysis of blood—alcohol and drugs

   div 2.7 hdgins A2010‑47 s 25

   Taking blood samples from people in custody

   s 15am Ord1985‑51; A1989‑24 s 5; A1992‑63 s 8 (1); A1997‑53 s 5; A1999‑79 sch 3; ss renum R9 LA; A2010‑27 s 14; A2010‑47 ss 26-28; A2011‑15 ss 29-31; A2013‑19 amdt 3.400; A2019-21 s 10; A2025‑29 amdt 3.274

   Taking blood samples from people in hospital

   s 15AA hdgsub A2006‑12 s 7

   s 15AAins A1997‑53 s 6

   am A1999‑79 sch 3; A2006‑12 s 8; A2010‑47 s 29; A2011‑15 s 32; A2019-21 s 11, s 12; ss renum R46 LA; A2022‑5 ss 6-8

   Analysis of blood samples

   s 15Ains A1989‑24 s 6

   am A1997‑53 s 7; A2006‑12 ss 9-11; A2010‑27 s 15, s 16

   sub A2010‑47 s 30

   Blood analysis statement

   s 15Bins A1997‑53 s 8

   sub A2010‑47 s 30

   Medical examination—offence against s 24 or culpable driving

   s 16 hdgsub A2010‑47 s 31

   s 16am Ord1985‑51 sch; A1992‑63 s 8 (3), (4); A1997‑53 s 9; A1999‑79 sch 3; A2004‑10 s 42, s 43; A2010‑27 s 17; A2010‑47 ss 32-34; A2011‑15 ss 33-36; A2013‑19 amdts 3.391-3.393; A2013‑19 amdt 3.400; A2018‑42 amdt 1.35; A2025‑29 amdt 3.274

   Analysis of body samples

   s 16Ains A1997‑53 s 10

   am A2006‑12 s 12, s 13

   sub A2010‑47 s 35

   am A2011‑15 s 37

   Body sample statement

   s 16Bins A2010‑47 s 35

   Keeping of samples—request by DPP

   s 16Cins A2010‑47 s 35

   am A2011‑15 ss 38-41; pars renum R25 LA

   Destruction of samples

   s 16Dins A2010‑47 s 35

   am A2011‑15 s 42, s 43

   Exemptions from requirements to take blood samples or carry out examinations

   s 17am Ord1985‑51 sch; A1992‑63 sch

   sub A1997‑53 s 10

   am A1999‑79 sch 3; A2006‑12 s 14; A2010‑47 s 36; A2019-21 ss 13-15; A2025‑29 amdt 3.275

   Protection of police officers and medical staff

   s 18am Ord1985‑51 sch; Ord1989‑38 sch 1; Ord1989‑23 s 10 (1); A1992‑63 s 8 (3), sch; A1997‑53 s 11; A1999‑79 sch 3; ss renum R9 LA; A2010‑27 s 18; A2010‑47 s 37, s 38; A2013‑19 amdt 3.400; A2025‑29 amdt 3.276, amdt 3.277

   Taking blood samples from people involved in accidents

   s 18Ains A1999‑79 sch 3

   am A2011‑15 s 74; A2013‑16 amdt 1.1

   om A2019-21 s 16

   Permitted use of samples

   s 18Bins A2010‑27 s 19

   sub A2010‑47 s 39

   am A2014-25 s 4; A2023‑19 s 4

   Search and seizure

   div 2.8 hdgins A2011‑15 s 44

   Power to search person in custody

   s 18Cins A2011‑15 s 44

   Prescribed concentration of alcohol in blood or breath

   s 19am A1990‑64 s 7; A1992‑63 s 8 (1), (3)

   sub A1993‑22 s 3

   am A1994‑81 sch; A1997‑51 s 6; A1997‑53 s 12; A2006‑12 s 15

   sub A2010‑47 s 40

   am A2011‑15 s 45, s 46; A2024‑20 ss 8-10

   Defence if person did not intend to drive motor vehicle—s 19

   s 19A hdgsub A2024‑20 s 11

   s 19A(prev s 21) am A1992‑63 s 8 (2), (3); A1993‑22 s 5 (1); A2010‑47 s 43

   reloc as s 19A A2010‑47 s 44

   am A2011‑15 s 47; A2024‑20 s 12, s 13

   Defence if special driver with lower concentration of alcohol from allowable source—s 19

   s 19B hdgsub A2024‑20 s 14

   s 19Bins A2010‑47 s 41

   am A2011‑15 s 48

   Prescribed drug in oral fluid or blood––driver or driver trainer

   s 20 hdgsub A2011‑15 s 49

   s 20am A1989‑24 s 7

   om A1993‑22 s 3

   ins A2010‑27 s 20

   am A2010‑47 s 42; ss renum R24 LA; A2011‑15 s 50, s 51; A2014-21 s 13, s 14; ss renum R34 LA; A2019‑23 s 55, s 56; ss remun R44 LA; A2024‑20 s 15, s 16

   Prescribed concentration of alcohol and prescribed drug in bodily fluid

   s 21reloc as s 19A

   ins A2024‑20 s 17

   am A2025‑29 amdt 3.278

   Defence if person did not intend to drive motor vehicle—s 21

   s 21Ains A2024‑20 s 17

   Defence if special driver with lower concentration of alcohol from allowable source—s 21

   s 21Bins A2024‑20 s 17

   Alternative verdicts—prescribed concentration of alcohol and prescribed drug in bodily fluid

   s 21Cins A2024‑20 s 17

   Refusing to provide breath sample

   s 22 hdgsub A1997‑51 note

   s 22am Ord1985‑51 sch; A1992‑63 sch; A1994‑81 sch; A2011‑15 s 52; A2024‑20 ss 18-20

   Refusing to provide oral fluid sample

   s 22Ains A2010‑27 s 21

   am A2010‑47 s 45; A2011‑15 s 53; A2024‑20 s 21, s 22

   Failing to stay for screening test

   s 22Bins A2010‑47 s 46

   am A2011‑15 s 54

   sub A2014-21 s 15

   am A2024‑20 s 23

   Refusing to undergo screening test

   s 22Cins A2014-21 s 15

   am A2024‑20 s 24, s 25

   Refusing blood test etc

   s 23 hdgsub A1997‑51 note

   s 23am A1992‑63 sch; A1994‑81 sch; A1997‑53 s 13; A1999‑79 sch 3; A2004‑10 s 44; ss renum R12 LA (see A2004‑10 s 45); A2011‑15 s 55; A2013‑19 amdt 3.400; A2018‑42 amdt 1.35; A2019-21 s 17, s 18; ss renum R46 LA; A2024‑20 ss 26-31; ss renum R51 LA; A2025‑29 amdt 3.279

   Driving under the influence of intoxicating liquor or a drug

   s 24am A1992‑63 s 8 (2), sch; A1994‑81 sch; A2011‑15 s 74; A2024‑20 s 32

   Use vehicle or animal on road or road related area under influence of alcohol or drug

   s 24A hdgsub A2020‑42 s 137

   s 24Ains A1999‑79 sch 3

   am A2004‑10 s 46; A2011‑15 s 56; A2013‑16 amdt 1.2; A2014-21 s 16; ss renum R34 LA; A2017‑21 s 7; pars renum R40 LA; A2020‑42 s 138

   sub A2022‑5 s 9

   Consuming alcohol—driver or driver trainer

   s 25am Ord1977‑52 s 4; Ord1985‑67 sch pt 1; A1992‑63 s 8 (3), sch; A1997‑51 s 7 (d)

   om A1999‑79 sch 3

   ins A2015‑30 s 7

   am A2017‑21 s 8, s 9

   def disqualifying offence ins A1997‑51 s 7 (c)

   om A1999‑79 sch 3

   def driving licence ins A1997‑51 s 7 (c)

   om A1999‑79 sch 3

   def first offender sub A1997‑51 s 7 (a)

   om A1999‑79 sch 3

   def previous offender om A1997‑51 s 7 (b)

   def repeat offender ins A1997‑51 s 7 (c)

   om A1999‑79 sch 3

   def traffic infringer ins A1990‑64 s 8

   am A1993‑22 s 5 (1)

   om A1997‑51 s 7 (b)

   Automatic driver licence disqualification

   pt 4 hdgsub A2024‑20 s 33

   Automatic disqualification taken to be court order

   s 26am A1993‑22 s 5 (2)

   om A1994‑81 sch

   ins A1997‑51 s 8

   table renum R12 LA

   am A2010‑47 s 47

   table am A2010‑47 s 48

   am A2011‑15 s 57

   sub A2024‑20 s 34

   First offenders—traffic infringement notice

   s 26Ains A1990‑64 s 9

   am A1993‑22 s 5 (1); A1993‑50 s 4; A1993‑58 s 5

   om A1997‑51 s 8

   Automatic driver licence disqualification—first offenders, s 19

   s 27 hdgsub A2010‑27 s 22; A2014-21 s 17

   s 27am A1993‑22 s 5 (2)

   om A1994‑81 sch

   ins A1999‑18 s 4

   am A1999‑79 sch 3; A2010‑27 s 23; A2014-21 s 18

   sub A2024‑20 s 34

   Automatic driver licence disqualification—repeat offenders, s 19

   s 28am A1990‑64 s 10; A1992‑63 sch; A1993‑22 s 5

   om A1997‑51 s 8

   ins A2024‑20 s 34

   Automatic driver licence disqualification—first offenders, s 20

   s 29am Ord1984‑63; Ord1989‑38 sch 1; A1991‑44 sch 1; A1992‑63 s 8 (4), sch; A1997‑51 s 9; A1999‑79 sch 3; ss renum R9 LA

   sub A2006‑23 amdt 1.276

   om A2010‑47 s 49

   ins A2024‑20 s 34

   Automatic driver licence disqualification—repeat offenders, s 20

   s 30om A2010‑47 s 49

   ins A2024‑20 s 34

   Automatic driver licence disqualification—first offenders, s 21

   s 31am A1990‑64 s 11; A1992‑63 s 8 (4); A1993‑22 s 5 (1)

   sub A1997‑51 s 10

   om A1999‑79 sch 3

   ins A2024‑20 s 34

   Automatic driver licence disqualification—repeat offenders, s 21

   s 32am Ord1985‑67 sch pt 1; A1990‑64 s 12; A1992‑63 s 8 (2), (4); A1993‑22 s 5 (1); A1993‑58 s 6

   sub A1997‑51 s 10; A1999‑79 sch 3

   am A2001‑27 amdt 3.6, amdt 3.7

   table renum R12 LA

   am A2010‑47 s 50

   table am A2010‑47 s 51

   am A2011‑15 s 58; A2016‑3 s 7

   sub A2024‑20 s 34

   Automatic driver licence disqualification—first offenders, s 24

   s 33sub A1997‑51 s 10; A1999‑79 sch 3

   am A2001‑27 amdt 3.8, amdt 3.9

   table renum R12 LA

   am A2010‑47 s 52

   table am A2010‑47 s 53

   am A2011‑15 s 59; A2016‑3 s 8

   sub A2024‑20 s 34

   Automatic driver licence disqualification—repeat offenders, s 24

   s 34am A1992‑63 sch; A1994‑81 sch

   sub A1997‑51 s 10; A1999‑79 sch 3

   am A2001‑27 amdt 3.10, amdt 3.11; A2011‑15 s 60; A2016‑3 s 9

   sub A2024‑20 s 34

   Automatic driver licence disqualification—other disqualifying offences

   s 34Ains A2024‑20 s 34

   Automatic driver licence disqualification—immediate suspension period

   s 35am A1993‑58 s 7

   sub A1997‑51 s 10

   om A1999‑79 sch 3

   ins A2010‑47 s 54

   am A2016‑3 s 10; A2024‑20 s 35

   Special licences to drive motor vehicles

   pt 5 hdgom A1997‑51

   Disqualification subject to grant of special licence

   s 36am A1992‑63 s 8 (2), sch

   sub A1997‑51 s 10

   om A1999‑79 sch 3

   Disqualification etc—further special licence

   s 37am A1992‑63 sch

   sub A1997‑51 s 10

   om A1999‑79 sch 3

   Additional powers of court

   s 38am A1992‑63 s 8 (3); A1994‑81 sch

   sub A1997‑51 s 10

   am A2010‑47 s 55

   Notice to registrar

   s 39am Ord1985‑67 sch pt 1

   sub A1997‑51 s 10

   om A1999‑79 sch 3

   Restoration of cancelled driving licences

   pt 6 hdgom A1997‑51

   Restoration of cancelled licences

   s 40am A1992‑63 s 8 (2), sch; A1993‑58 s 8; A1994‑81 sch

   om A1997‑51

   Evidence—alcohol-related tests

   div 7.1 hdgins A2010‑47 s 56

   Evidentiary certificate—alcohol-related tests

   s 41 hdgsub A2010‑47 s 56

   s 41am Ord1980‑37 s 5; Ord1985‑51 s 7, sch; A1989‑24 s 8; A1992‑63 s 7, s 8 (1); A1997‑51 s 11; A1997‑53 s 14;

   
   A1999‑79

   sch 3; pars renum R9 LA; A2004‑10 s 47; pars renum R12 LA (see A2004‑10 s 48); A2006‑12 s 16, s 17; A2010‑27 ss 24-27; A2010‑47 ss 57-69; pars renum R24 LA; A2013‑44 amdt 3.173; A2018‑42 amdt 1.35; A2019-21 s 19, s 20; A2025‑29 amdts 3.280-3.289

   Evidence—drug-related tests

   div 7.2 hdgins A2010‑47 s 70

   Evidentiary certificates—drug-related tests

   s 41AAins A2010‑47 s 70

   am A2011‑15 s 61; A2011‑28 amdt 1.1, amdt 1.2; A2018‑42 amdt 1.35; A2019-21 s 21, s 22

   Evidentiary certificate—analysis of oral fluid sample

   s 41ABins A2010‑47 s 70

   Evidentiary certificate—blood sample not taken

   s 41ACins A2010‑47 s 70

   am A2011‑15 s 62; A2019-21 s 23

   Evidentiary certificate—analysis of sample for prescribed drug etc

   s 41ADins A2010‑47 s 70

   NSW evidentiary certificates—drug-related tests

   s 41AEins A2010‑47 s 70

   am A2013‑44 amdt 3.174

   Other provisions about evidence

   div 7.3 hdgins A2010‑47 s 71

   Evidence for insurance purposes

   s 41Ains A1989‑24 s 9

   am A1993‑22 s 4; A1997‑53 s 14; A1999‑79 sch 3; A2005‑20 amdt 3.346; A2006‑23 amdt 1.277

   sub A2010‑47 s 71

   am A2011‑15 ss 63-66; A2019-21 s 24; A2024‑20 s 36, s 37; pars renum R51 LA

   Effect of noncompliance—analysis of breath or blood

   s 42sub Ord1985‑51 s 8

   am A1990‑64 s 13; A2001‑44 amdt 1.3678, amdt 1.3679; A2010‑47 s 72, s 73

   Effect of noncompliance—analysis of oral fluid

   s 42AAins A2010‑27 s 28

   am A2010‑47 s 74, s 75

   Effect of noncompliance—analysis of body sample

   s 42Ains Ord1985‑51 s 8

   am A2001‑44 amdt 1.3680, amdt 1.3681; A2010‑47 s 76, s 77; A2013‑19 amdt 3.400

   Effect of noncompliance—refusal to give sample of breath

   s 42Bins Ord1985‑51 s 8

   am A1990‑64 s 14; A2001‑44 amdts 1.3682-1.3684; A2010‑47 s 78, s 79

   Effect of noncompliance—refusal to give sample of oral fluid

   s 42Cins A2010‑27 s 29

   am A2010‑47 s 80, s 81

   Oral evidence about part 7 certificate

   s 43 hdgsub A2010‑47 s 82

   s 43am A1992‑63; A1997‑51 s 12; A1999‑79 sch 3; A2010‑47 s 83, s 84; A2012‑21 amdt 3.137; A2013‑19 amdt 3.394

   Rehabilitation programs

   pt 8 hdgsub A1997‑51 s 13

   om A2010‑47 s 85

   Approval of programs

   s 44am Ord1989‑38 sch

   sub A1997‑51 s 13

   am A1999‑79 sch 3; A2001‑44 amdt 1.3685, amdt 1.3686

   om A2010‑47 s 85

   Conditions

   s 44Ains A1997‑51 s 13

   om A2001‑44 amdt 1.3687

   Review of administrative appeals tribunal

   s 44Bins A1997‑51 s 13

   om A1999‑79 sch 3

   Requirement for screening test before arrest

   s 45 hdgsub A2013‑19 amdt 3.395

   s 45am Ord1985‑51 sch; Ord1989‑23 s 10 (2); A1992‑63 sch; A2006‑23 amdt 1.278; A2010‑47 s 86, s 87

   Penalty for escaping from custody

   s 46am Ord1985‑51 sch; A1992‑63 s 8 (2); A1994‑81 sch

   om A2010‑47 s 88

   Right of arrested person to medical examination

   s 47am Ord1985‑51 sch; Ord1987‑9; A1992‑63 s 8 (3); A1997‑51 s 14; A1999‑79 sch 3; A2004‑10 s 49; A2014-21 s 19; A2018‑42 amdt 1.35; A2025‑29 amdt 3.290

   Stopping, search and detaining—Crimes Act, s 207 and s 209

   s 47Ains A2010‑27 s 30

   am A2010‑47 s 89

   Police may direct person not to drive

   s 47Bins A2010‑47 s 90

   Conducting alcohol-related tests and drug-related tests at same time

   s 47Cins A2010‑47 s 90

   am A2025‑29 amdt 3.291, amdt 3.292

   When police officer may move person’s motor vehicle

   s 48am A1992‑63 s 8 (2)

   om A1997‑51 s 15

   ins A1999‑79 sch 3

   am A2011‑15 s 67

   Default term of imprisonment

   s 49am A1992‑63 sch; A2013‑19 amdt 3.400

   References to Motor Traffic (Alcohol and Drugs) Act etc

   s 50sub A1999‑79 sch 3

   am A2001‑44 amdt 1.3688, amdt 1.3689

   Regulation-making power

   s 51sub A1999‑79 sch 3

   am A2001‑44 amdt 1.3690; A2011‑15 s 68; A2013‑44 amdt 3.175; A2025‑29 amdt 4.154

   Transitional

   pt 10 hdgins A1999‑79 sch 3

   om R13 LA

   Expiry of s 4D (3), def relevant offence, par (g)

   s 52am Ord1989‑38 sch

   sub A1999‑79 sch 3

   am A2001‑27 amdt 3.12

   exp 1 March 2005 (s 52)

   Approved operator

   s 53ins A1999‑79 sch 3

   am A2001‑27 amdt 3.13

   exp 1 March 2002 (s 53 (2))

   Transitional—Road Transport (Alcohol and Drugs) Amendment Act 2006

   pt 20 hdgins A2006‑12 s 18

   exp 6 April 2009 (s 103)

   Meaning of relevant commencement for pt 20

   s 100ins A2006‑12 s 18

   exp 6 April 2009 (s 103)

   Transitional—sample taken before relevant commencement

   s 101ins A2006‑12 s 18

   exp 6 April 2009 (s 103 (LA s 88 declaration applies))

   Transitional—analyst certificates

   s 102ins A2006‑12 s 18

   exp 6 April 2009 (s 103 (LA s 88 declaration applies))

   Expiry—pt 20

   s 103ins A2006‑12 s 18

   exp 6 April 2009 (s 103)

   Transitional—Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010

   pt 21 hdgins A2010‑47 s 91

   exp 1 December 2012 (s 110 (1) (LA s 88 declaration applies))

   Meaning of commencement day—pt 21

   s 105ins A2010‑47 s 91

   exp 1 June 2011 (s 105 (2) (LA s 88 declaration applies))

   Approved operator—authorisation in force before commencement day

   s 106ins A2010‑47 s 91

   exp 1 June 2011 (s 106 (3) (LA s 88 declaration applies))

   Approved analyst—appointment in force before commencement day

   s 107ins A2010‑47 s 91

   exp 1 June 2011 (s 107 (3) (LA s 88 declaration applies))

   Approved laboratory—approval in force before commencement day

   s 108ins A2010‑47 s 91

   exp 1 June 2011 (s 108 (3) (LA s 88 declaration applies))

   Transitional regulations

   s 109ins A2010‑47 s 91

   exp 1 December 2012 (s 110 (1) (LA s 88 declaration applies))

   Expiry—pt 21

   s 110ins A2010‑47 s 91

   exp 1 December 2012 (s 110 (1) (LA s 88 declaration applies))

   Transitional—Road Transport Legislation Amendment Act 2016

   pt 22 hdgins A2016‑3 s 11

   exp 25 February 2018 (s 113)

   Meaning of commencement day—pt 22

   s 111ins A2016‑3 s 11

   exp 25 February 2018 (s 113)

   Existing automatic driver licence disqualification

   s 112ins A2016‑3 s 11

   exp 25 February 2018 (s 113)

   Expiry—pt 22

   s 113ins A2016‑3 s 11

   exp 25 February 2018 (s 113)

   Drugs

   sch 1 hdgam A2025‑29 amdt 3.293

   sch 1ins Ord1985‑51 s 9

   renum as sch R5 LRA

   renum as sch 1 A2001‑27 amdt 3.14

   Schedule 2

   sch 2 hdg(prev sch hdg) sub Ord1985‑51 s 10

   sch 2(prev sch) ins Ord1980‑37 s 6

   am Ord1989‑38 sch

   om A1992‑63 s 9

   Dictionary

   dictins A1999‑79 sch 3

   am A1999‑79 sch 3; A2001‑27 amdt 3.15; A2002‑30 amdt 3.692; A2004‑10 s 50; A2010‑18 amdt 3.13; A2011‑15 s 69; A2012‑21 amdt 3.138; A2013‑19 amdt 3.396; A2017‑21 s 10; A2019‑21 s 25; A2025‑29 amdt 3.294

   def accident ins A1997‑53 s 4

   reloc from s 4 A1999‑79 sch 3

   am A2011‑15 s 74

   def alcohol screening device ins A2010‑47 s 92

   def alcohol screening test ins A2010‑47 s 92

   def analyst ins A2010‑47 s 93

   def another jurisdiction ins A1999‑79 sch 3

   om A2025‑29 amdt 3.295

   def approved alcohol screening device ins A2010‑27 s 31

   om A2010‑47 s 94

   def approved analysis instrument ins A2010‑27 s 31

   om A2010‑47 s 94

   def approved analyst ins A1999‑79 sch 3

   sub A2010‑27 s 32

   om A2010‑47 s 94

   def approved breath analysis instrument ins A1999‑79 sch 3

   sub A2010‑27 s 32

   om A2010‑47 s 94

   def approved drug screening device ins A2010‑27 s 33

   om A2010‑47 s 94

   def approved laboratory ins A2006‑12 s 19

   sub A2010‑47 s 95

   def approved operator ins A1999‑79 sch 3

   sub A2010‑27 s 34

   om A2010‑47 s 96

   def approved oral fluid analysis instrument ins A2010‑27 s 35

   om A2010‑47 s 96

   def approved screening device ins A1999‑79 sch 3

   om A2010‑27 s 36

   def Australian driver licence ins A1999‑79 sch 3

   def authorised nurse practitioner ins A2004‑10 s 51

   om A2018‑42 amdt 1.32

   def authorised operator ins A2010‑47 s 97

   def breath analysis am A1992‑63 s 8 (1)

   reloc from s 4 A1999‑79 sch 3

   am A2010‑47 s 98

   def breath analysis instrument ins A2010‑47 s 99

   def corresponding offence ins A1999‑79 sch 3

   def court am Ord1985‑67 sch pt 1

   reloc from s 4 A1999‑79 sch 3

   def disqualifying offence ins A1999‑79 sch 3

   sub A2010‑27 s 37

   am A2010‑47 s 100; A2011‑15 s 70; A2014-21 s 20; pars renum R34 LA; A2024‑20 s 38; pars renum R51 LA

   def doctor ins A1999‑79 sch 3

   sub A2001‑56 amdt 3.474

   om A2002‑30 amdt 3.693

   def drive ins A1999‑79 sch 3

   def driver ins A1999‑79 sch 3

   om A2010‑18 amdt 3.14

   def driver involved in an accident ins A1997‑53 s 4

   reloc from s 4 A1999‑79 sch 3

   om A2019-21 s 26

   def driver licence ins A1999‑79 sch 3

   def driver trainer ins A2011‑15 s 71

   def drug ins Ord1985‑51 s 3

   am Ord1989‑14 s 4; A1994‑26 sch; am A2001‑27 amdt 3.15; A2005‑5 s 38

   reloc from s 4 A1999‑79 sch 3

   def drug screening device ins A2010‑47 s 101

   def drug screening test ins A2010‑47 s 101

   def external driver licence ins A1999‑79 sch 3

   def external territory driver licence ins A2011‑15 s 71

   def first offender ins A1999‑79 sch 3

   am A2010‑47 s 102

   def GCM ins A1999‑79 sch 3

   def GVM ins A1999‑79 sch 3

   def jurisdiction ins A1999‑79 sch 3

   om A2010‑18 amdt 3.14

   def level ins A1999‑79 sch 3

   sub A2010‑47 s 103

   def medical examination ins A2004‑10 s 51

   am A2018‑42 amdt 1.33

   def motor vehicle ins A1999‑79 sch 3

   om A2010‑18 amdt 3.14

   def nurse ins A1997‑53 s 4

   reloc from s 4 A1999‑79 sch 3

   om A2002‑30 amdt 3.693

   def nurse practitioner position ins A2004‑10 s 51

   sub A2006‑27 amdt 2.12

   om A2018‑42 amdt 1.34

   def offence of culpable driving ins A1999‑79 sch 3

   am A2013‑19 amdt 3.397

   def one-way box ins A1989‑24 s 3 (b)

   reloc from s 4 A1999‑79 sch 3

   def oral fluid analysis ins A2010‑27 s 38

   am A2010‑47 s 104

   def oral fluid analysis instrument ins A2010‑47 s 105

   def personal mobility device ins A2019‑21 s 27

   def prescribed concentration sub A1990‑64 s 4 (a)

   am A1993‑58 s 4 (b)

   sub A1997‑51 s 4 (a)

   reloc from s 4 A1999‑79 sch 3

   sub A2010‑47 s 106

   am A2013‑19 amdt 3.398

   def prescribed drug ins A2010‑27 s 39

   sub A2010‑47 s 107; A2024‑20 s 39

   def public place ins A1999‑79 sch 3

   om A2011‑15 s 72

   def public street reloc from s 4 A1999‑79 sch 3

   om A2011‑15 s 72

   def registered operator ins A1999‑79 sch 3

   def repeat offender ins A1999‑79 sch 3

   am A2010‑47 s 108

   def responsible person ins A1999‑79 sch 3

   def restricted licence ins A1999‑79 sch 3

   def road related area ins A2013‑44 amdt 3.176

   om A2019‑21 s 28

   def road transport authority ins A1999‑79 sch 3

   om A2010‑18 amdt 3.14

   def road transport legislation ins A1999‑79 sch 3

   om A2010‑18 amdt 3.14

   def sampling facility ins A2011‑15 s 73

   sub A2013‑19 amdt 3.399

   def scope of practice ins A2004‑7 s 53

   sub A2006‑27 amdt 2.13

   om A2018‑42 amdt 1.34

   def screening test ins A2004‑10 s 51

   sub A2010‑27 s 40

   om A2010‑47 s 109

   def special driver ins A1999‑79 sch 3

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 30 Sept 1991	25 Sept 1991– 29 Oct 1992	A1991‑44	initial republication since self-government
R1 (RI) 30 Jan 2008	25 Sept 1991– 29 Oct 1992	A1991‑44	reissue of printed version
R1A 30 Jan 2008	30 Oct 1992– 4 Apr 1993	A1992‑63	amendments by A1992‑63
R1B 30 Jan 2008	5 Apr 1993– 31 Aug 1993	A1993‑22	amendments by A1993‑22
R1C 30 Jan 2008	1 Sept 1993– 26 Sept 1993	A1993‑50	amendments by A1993‑50
R2 30 Sept 1993	27 Sept 1993– 30 May 1994	A1993‑58	amendments by A1993‑58
R2 (RI) 30 Jan 2008	27 Sept 1993– 30 May 1994	A1993‑58	reissue of printed version
R2A 30 Jan 2008	31 May 1994– 28 Nov 1994	A1994‑26	amendments by A1994‑26
R3 28 Feb 1995	29 Nov 1994– 11 Sept 1996	A1994‑81	amendments by A1994‑81
R3 (RI) 30 Jan 2008	29 Nov 1994– 11 Sept 1996	A1994‑81	reissue of printed version
R3A 30 Jan 2008	12 Sept 1996– 18 Sept 1996	A1996‑7	amendments by A1996‑7
R3B 30 Jan 2008	19 Sept 1996– 1 Mar 1998	A1996‑48	amendments by A1996‑48
R4 2 Mar 1998	2 Mar 1998– 22 Mar 1999	A1997‑53	amendments by A1997‑51 and A1997‑53
R4 (RI) 6 Feb 2008	2 Mar 1998– 22 Mar 1999	A1997‑53	reissue of printed version
R4A 30 Jan 2008	23 Mar 1999– 13 Apr 1999	A1999‑11	amendments by A1999‑11
R4B 30 Jan 2008	14 Apr 1999– 29 Feb 2000	A1999‑18	amendments by A1999‑18
R5 1 Mar 2000	1 Mar 2000– 23 May 2001	A1999‑79	renaming and other amendments by A1999‑79
R5 (RI) 30 Jan 2008	1 Mar 2000– 23 May 2001	A1999‑79	reissue of printed version
R6 12 Sept 2001	24 May 2001– 30 Nov 2001	A2001‑56	amendments by A2001‑27, A2001‑44 and A2001‑56
R7 3 Dec 2001	1 Dec 2001– 1 Mar 2002	A2001‑62	amendments by A2001‑62
R8 6 June 2002	2 Mar 2002– 16 Sept 2002	A2001‑62	commenced expiry
R9 25 Sept 2002	17 Sept 2002– 16 Jan 2003	A2002‑30	amendments by A2002‑30
R10 17 Jan 2003	17 Jan 2003– 4 Apr 2004	A2002‑49	amendments by A2002‑49
R11 5 Apr 2004	5 Apr 2004– 26 May 2004	A2004‑7	amendments by A2004‑7
R12 27 May 2004	27 May 2004– 1 Mar 2005	A2004‑10	amendments by A2004‑10
R13 2 Mar 2005	2 Mar 2005– 5 Mar 2005	A2004‑10	commenced expiry
R14 6 Mar 2005	6 Mar 2005– 1 June 2005	A2005‑5	amendments by A2005‑5
R15 2 June 2005	2 June 2005– 5 Apr 2006	A2005‑20	amendments by A2005‑20
R16* 6 Apr 2006	6 Apr 2006– 1 June 2006	A2006‑12	amendments by A2006‑12
R17 2 June 2006	2 June 2006– 13 Dec 2006	A2006‑23	amendments by A2006‑23
R18 14 Dec 2006	14 Dec 2006– 1 June 2007	A2006‑27	amendments by A2006‑27
R19 2 June 2007	2 June 2007– 30 Sept 2008	A2006‑27	amendments by A2006‑23
R20* 1 Oct 2008	1 Oct 2008– 6 Apr 2009	A2008‑39	amendments by A2008‑1 as amended by A2008‑39
R21 7 Apr 2009	7 Apr 2009– 2 Mar 2010	A2008‑39	commenced expiry
R22 3 Mar 2010	3 Mar 2010– 2 June 2010	A2009‑22	amendments by A2009‑22
R23 3 June 2010	3 June 2010– 30 Nov 2010	A2010‑18	amendments by A2010‑18
R24* 1 Dec 2010	1 Dec 2010– 12 May 2011	A2010‑47	amendments by A2010‑27, A2010‑43 and A2010‑47
R25 13 May 2011	13 May 2011– 1 June 2011	A2011‑15	amendments by A2011‑15
R26 2 June 2011	2 June 2011– 20 Sept 2011	A2011‑15	expiry of transitional provisions (ss 105-108)
R27 21 Sept 2011	21 Sept 2011– 4 June 2012	A2011‑28	amendments by A2011‑28
R28 5 June 2012	5 June 2012– 1 Dec 2012	A2012‑21	amendments by A2012‑21
R29 2 Dec 2012	2 Dec 2012– 22 May 2013	A2012‑21	expiry of transitional provisions (pt 21)
R30 23 May 2013	23 May 2013– 13 June 2013	A2013‑16	amendments by A2013‑16
R31 14 June 2013	14 June 2013– 24 Nov 2013	A2013‑20	amendments by A2013‑19 and A2013‑20
R32 25 Nov 2013	25 Nov 2013– 9 Feb 2014	A2013-44	amendments by A2013-44
R33 10 Feb 2014	10 Feb 2014– 22 May 2014	A2013‑52	amendments by A2013‑52
R34 23 May 2014	23 May 2014– 12 June 2014	A2014-21	amendments by A2014-21
R35 13 June 2014	13 June 2014– 16 June 2014	A2014-25	amendments by A2014-25
R36 17 June 2014	17 June 2014– 21 Aug 2015	A2014‑25	amendments by A2013-24
R37 22 Aug 2015	22 Aug 2015– 1 Dec 2015	A2015-30	amendments by A2015-30
R38 2 Dec 2015	2 Dec 2015– 24 Feb 2016	A2015-30	expiry of provision (s 4F (3), (4))
R39 25 Feb 2016	25 Feb 2016– 14 Aug 2017	A2016‑3	amendments by A2016‑3
R40 15 Aug 2017	15 Aug 2017– 25 Feb 2018	A2017-21	amendments by A2017-21
R41 26 Feb 2018	26 Feb 2018– 28 Mar 2018	A2017-21	expiry of transitional provisions (pt 22)
R42 29 Mar 2018	29 Mar 2018– 21 Nov 2018	A2018-8	amendments by A2018-8
R43 22 Nov 2018	22 Nov 2018– 14 Aug 2019	A2018‑42	amendments by A2018‑42
R44 15 Aug 2019	15 Aug 2019– 21 Aug 2019	A2019-23	amendments by A2019-23
R45 22 Aug 2019	22 Aug 2019– 18 Sept 2019	A2019‑23	amendments by A2019-21
R46 19 Sept 2019	19 Sept 2019– 31 Jan 2020	A2019‑23	amendments by A2019-21
R47 1 Feb 2020	1 Feb 2020– 27 Aug 2020	A2019‑23	amendments by A2019‑12
R48 28 Aug 2020	28 Aug 2020– 10 May 2022	A2020‑42	amendments by A2020‑42
R49 11 May 2022	11 May 2022– 21 June 2023	A2022‑5	amendments by A2022‑5
R50 22 June 2023	22 June 2023– 24 May 2024	A2023‑19	Amendments by A2023‑19
R51 25 May 2024	25 May 2024– 31 Jan 2024	A2024‑20	amendments by A2024‑20
R52 1 Jan 2025	1 Jan 2025– 25 Nov 2025	A2024‑20	amendments by A2024‑20

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.