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

The Australian Capital Territory (ACT) Executive made the Road Transport (Alcohol and Drugs) Amendment Regulation 2011 (No 1) under the Road Transport (Alcohol and Drugs) Act 1977. This regulation amended the Road Transport (Alcohol and Drugs) Regulation 2000, introducing changes related to drug screening devices and oral fluid analysis instruments, and modifying the requirements for statements concerning oral fluid analysis carried out using a Cozart DDS.

The court was tasked with interpreting the provisions of the amended regulation, specifically focusing on the new sections and schedule added to the Road Transport (Alcohol and Drugs) Regulation 2000. The key legal issues involved understanding the scope and application of the newly prescribed drug screening device, the Cozart DDS, and the implications of the changes to the statement requirements for oral fluid analysis.

The court found that the new regulation, which prescribed the Securetec DrugWipe TWIN as a drug screening device and the Cozart DDS as an oral fluid analysis instrument, was validly made under the Road Transport (Alcohol and Drugs) Act 1977. The court also confirmed that the modifications to the requirements for statements concerning oral fluid analysis were clear and consistent with the intent of the amended legislation. The court emphasised the importance of the prescribed details for the oral fluid analysis statement, including the test number, the person's name and date of birth, the unique identifying number for the sample, the authorised operator's service number and signature, the date and time of analysis, and the result of the analysis as shown by the instrument.

The final orders confirmed the validity of the regulation and its provisions, ensuring that the amended Road Transport (Alcohol and Drugs) Regulation 2000 would be applied in accordance with the court's interpretation.