Road Transport (Alcohol and Drugs) Amendment Regulation 2011 (No 1) (ACT)

Road Transport (Alcohol and Drugs) Amendment Regulation 2011 (No 1)

Subordinate Law SL2011-11

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Alcohol and Drugs) Act 1977.

Dated 16 April 2011.

Jon Stanhope

Minister

Andrew Barr

Minister

Road Transport (Alcohol and Drugs) Amendment Regulation 2011 (No 1)

Subordinate Law SL2011-11

made under the

Road Transport (Alcohol and Drugs) Act 1977

Contents

Page

1. Name of regulation  1

2. Commencement  1

3. Legislation amended  1

4. New sections 3A and 3B  1

5. Section 5  2

6. Schedule 1, item 1  2

7. Schedule 1, items 3 and 4  2

8. Schedule 1, item 5  2

9. New schedule 2  3

1. Name of regulation

   This regulation is the Road Transport (Alcohol and Drugs) Amendment Regulation 2011 (No 1).

2. Commencement

   (1)Sections 3 and 4 commence on the day after this regulation’s notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   (2)Sections 5 to 9 commence immediately after the later of—

   (a)the day after this regulation’s notification day; and

   (b)the commencement of the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011, section 22.

   (3)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this regulation.

3. Legislation amended

   This regulation amends the Road Transport (Alcohol and Drugs) Regulation 2000.

4. New sections 3A and 3B

   insert

3ADrug screening device—Act, s 7B, def drug screening device

The Securetec DrugWipe TWIN, also known as the Securetec DrugWipe II TWIN, is prescribed.

3BOral fluid analysis instrument—Act, s 7C, def oral fluid analysis instrument

The Cozart DDS is prescribed.

1. Section 5

   substitute

2. Oral fluid analysis—requirements for statement under Act, s 13E (6)

   The particulars mentioned in schedule 2 are required to be included in a statement mentioned in the Act, section 13E (6).

3. Schedule 1, item 1

   omit

   sample number of the test

   substitute

   test number

4. Schedule 1, items 3 and 4

   omit

   full

5. Schedule 1, item 5

   omit

   full name and rank

   substitute

   service number and signature

6. New schedule 2

   insert

Schedule 2 Particulars for oral fluid analysis carried out using a Cozart DDS

(see s 5)

1. the type and serial number of the instrument used in carrying out the oral fluid analysis and the test number

2. the name and date of birth of the person providing a sample of his or her oral fluid for analysis

3. the unique identifying number for the sample of oral fluid taken for analysis

4. the service number and signature of the authorised operator who carried out the oral fluid analysis

5. the date and time when the sample of oral fluid was analysed

6. the result of the oral fluid analysis as shown by the instrument

Endnotes

1. Notification

   Notified under the Legislation Act on 2 May 2011.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2011