Road Transport (Alcohol and Drugs) Amendment Act 2006 (ACT)
Road Transport (Alcohol and Drugs) Amendment Act 2006
A2006-12
Contents
Page
Name of Act 2
Commencement 2
Legislation amended 2
Sections 3 and 4 2
New section 4 2
Section 6 3
Section 15AA heading 3
Section 15AA (1) 3
Analysis of blood samples
Section 15A (1) 4
Section 15A (2) 4
Section 15A (3) 5
Analysis of body samples
Section 16A (1) 5
Section 16A (2) (a) 5
Exemptions from requirements to take blood samples or carry out examinations
Section 17 (2) (b) 5
Prescribed blood alcohol concentration exceeded
Section 19 (2) (a) and (b) 6
Certificate of evidence
Section 41 (1) (h) (ii) 6
Section 41 (1) (h) (iv) 6
New part 20 7
Dictionary, new definition of approved laboratory 8
Road Transport (Alcohol and Drugs) Amendment Act 2006
A2006-12
An Act to amend the Road Transport (Alcohol and Drugs) Act 1977
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Road Transport (Alcohol and Drugs) Amendment Act 2006.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Road Transport (Alcohol and Drugs) Act 1977.
Sections 3 and 4
renumber as sections 2 and 3
New section 4
insert
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 offence against this Act (see Code, pt 2.1):
· s 15AA (1).
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.
Section 6
substitute
Approval of operators, analysts and laboratories
(1)The chief police officer may authorise a police officer to carry out breath analyses if the officer has—
(a)undergone a course approved by the Minister as a course for the instruction of police officers in the carrying out of breath analyses; and
(b)completed the course to the satisfaction of the chief police officer.
(2)The Minister may appoint the analysts that the Minister considers necessary for this Act.
(3)The Minister may approve a laboratory or other entity (however described) as an approved laboratory for this Act.
(4)An authorisation, appointment or approval under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Section 15AA heading
substitute
15AATaking blood samples from people in hospital
Section 15AA (1)
substitute
(1)A person commits an offence if—
(a)the person is a doctor or nurse; and
(b)the person attends to a person (the patient) in hospital; and
(c)the person believes, on reasonable grounds, that—
(i)the patient was a driver involved in an accident; and
(ii)the accident happened not longer than 6 hours before the patient arrived at the hospital; and
(d)the person does not take a sample of the patient’s blood for analysis within 2 hours after the time the patient arrives at the hospital.
Maximum penalty: 10 penalty units.
NoteSection 17 contains defences to a prosecution for a breach of this section.
Analysis of blood samples
Section 15A (1)omit everything after
approved analyst,
substitute
the analyst must arrange for the analysis of the blood at an approved laboratory to work out the concentration of alcohol in the blood.
Section 15A (2)
omit everything before paragraph (b), substitute
(2)If 2 sealed containers of a particular person’s blood have been put in a one-way box for collection by an approved analyst, the analyst must—
(a)arrange the analysis of the blood in 1 of the containers at an approved laboratory to work out the concentration of alcohol in the blood; and
Section 15A (3)
omit everything after paragraph (b), substitute
the police officer may ask an analyst to arrange for the analysis of the sample to work out the concentration in the blood of any drug other than alcohol.
Analysis of body samples
Section 16A (1)omit
shall analyse it
substitute
must arrange for analysis of the sample at an approved laboratory
Section 16A (2) (a)
omit
analyse
substitute
arrange for analysis of
Exemptions from requirements to take blood samples or carry out examinations
Section 17 (2) (b)omit
for a procedure under section 15 or 16—
substitute
for a procedure under section 15 (Taking blood samples from persons in custody), section 15AA (Taking blood samples from people in hospital) or section 16 (Medical examinations)—
Prescribed blood alcohol concentration exceeded
Section 19 (2) (a) and (b)substitute
(a)an analysis of a sample of the person’s breath carried out in accordance with this Act; or
(b)an analysis of a sample of the person’s blood carried out at an approved laboratory and certified accurate by an approved analyst; or
(c)any other analysis.
Certificate of evidence
Section 41 (1) (h) (ii)substitute
(ii)that a sample from a sealed container to which was attached a label purporting to be signed by a doctor or nurse named in the certificate, and bearing the name of a person stated in the certificate as the person from whom the sample was taken and the date and time when the sample was taken, was analysed at an approved laboratory; and
Section 41 (1) (h) (iv)
substitute
(iv)the result of the analysis; and
(v)the analysis was accurate;
New part 20
insert
Part 20Transitional—Road Transport (Alcohol and Drugs) Amendment Act 2006
Meaning of relevant commencement for pt 20
In this part:
relevant commencement means the commencement of the Road Transport (Alcohol and Drugs) Amendment Act 2006.
Transitional—sample taken before relevant commencement
(1)This Act as in force immediately before the relevant commencement continues to apply in relation to an analysis of a sample taken before the relevant commencement.
(2)To remove any doubt, this section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
Transitional—analyst certificates
(1)A certificate issued under section 41 (1) (h) before the relevant commencement continues to be evidence of the matters stated in the certificate.
(2)A certificate may be issued under section 41 (1) (h) as in force immediately before the relevant commencement in relation to a sample if either or both of the following paragraphs apply:
(a)the sample was taken before the relevant commencement;
(b)the analysis of the sample was carried out, or started, before the relevant commencement.
(3)To remove any doubt, this section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
Expiry—pt 20
This part expires 3 years after the day it commences.
Dictionary, new definition of approved laboratory
insert
approved laboratory means a laboratory or other entity (however described) approved by the Minister under section 6 (3) as an approved laboratory.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 16 February 2006.
Notification
Notified under the Legislation Act on 5 April 2006.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport (Alcohol and Drugs) Amendment Bill 2006, which was passed by the Legislative Assembly on 28 March 2006.
Clerk of the Legislative Assembly
© Australian Capital Territory 2006
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