Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 (ACT)

Case

Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011

A2011-15

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

Part 2Crimes Act 1900

  1. Power to enter premises to arrest offender


    Section 220 (4), definition of relevant offence, paragraph (b) (iv)            3

Part 3Road Transport (Alcohol and Drugs) Act 1977

  1. Meaning of public place
    Section 4A  4

  2. Meaning of special driver
    Section 4B (1) (a)  4

  3. Section 4B (3), new definitions  4

  4. New section 4BA  5

  5. Section 8  5

  6. Section 9 heading  6

  7. New section 9A  6

  8. Section 10 heading  7

  9. New section 10 (2)  7

  10. Detention for breath analysis


    Section 11 (1) (a) and (b)  7

  11. Breath analysis


    Section 12 (5), new example  7

  12. Section 13A  8

  13. Section 13B heading  9

  14. New section 13BA  9

  15. Section 13C heading  10

  16. New section 13C (1A)  10

  17. Detention for oral fluid analysis


    Section 13D (1) (a) and (b)  10

  18. Oral fluid––preliminary analysis


    Section 13E (6), new example  10

  19. Oral fluid—confirmatory analysis


    Section 13G (3)  11

  20. Section 13G (4)  11

  21. New section 13H  11

  22. Restrictions on tests etc under this part


    Section 14 (1)  12

  23. Section 14 (1) (b)  12

  24. Section 14 (3) (c) (i) to (iii)  12

  25. Taking blood samples from people in custody


    Section 15 (1)  13

  26. Section 15 (4)  13

  27. Section 15 (4)  13

  28. Taking blood samples from people in hospital


    Section 15AA (1) (c) (i)  14

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


    Section 16 (1)  14

  30. Section 16 (2)  15

  31. Section 16 (3)  15

  32. Section 16 (4) to (6)  15

  33. Analysis of body samples


    Section 16A (2) (a) and (b)  16

  34. Keeping of samples––request by DPP


    Section 16C (1) (a)  16

  35. Section 16C (1) (b) (ii)  16

  36. Section 16C (4), definition of preserved part, new paragraph (aa)         16

  37. Section 16C (4), definition of preserved part, paragraph (b)                17

  38. Destruction of samples


    Section 16D (1)  17

  39. Section 16D (2)  17

  40. New division 2.8  18

  41. Prescribed concentration of alcohol in blood or breath


    Section 19 (1) (a)  19

  42. Section 19 (5), definition of relevant period  19

  43. Defence if person did not intend to drive motor vehicle


    Section 19A  20

  44. Defence if special driver with lower concentration of alcohol from allowable source


    Section 19B (1) (b)  20

  45. Section 20 heading  20

  46. Section 20 (1)  21

  47. Section 20 (4), definition of relevant period  21

  48. Refusing to provide breath sample


    Section 22 (a)  22

  49. Refusing to provide oral fluid sample


    Section 22A (1) (a)  22

  50. Failing to stay for drug screening test


    Section 22B (1), note 1  22

  51. Refusing blood test etc


    Section 23 (1) (a)  23

  52. Driver etc intoxicated


    Section 24A (1)  23

  53. Fines and imprisonment––s 19 offences


    New section 26 (3)  23

  54. Automatic driver licence disqualification––first offenders, s 19


    Section 32 (2)  24

  55. Automatic driver licence disqualification––repeat offenders, s 19


    Section 33 (2)  24

  56. Automatic driver licence disqualification––offences other than s 19


    Section 34 (1) and (2)  24

  57. Evidentiary certificates––drug-related tests


    Section 41AA (4) (a)  25

  58. Evidentiary certificate––blood sample not taken


    Section 41AC (b)  25

  59. Evidence for insurance purposes


    Section 41A (1) (i)  25

  60. Section 41A (1) (j)  25

  61. Section 41A (2)  26

  62. Section 41A (5), definition of relevant offence, paragraph (b)               26

  63. When police officer may move person’s motor vehicle


    Section 48 (1) (b)  26

  64. Regulation-making power


    New section 51 (2)  27

  65. Dictionary, note 3  27

  66. Dictionary, definition of disqualifying offence, paragraph (b)                27

  67. Dictionary, new definitions  27

  68. Dictionary, definitions of public place and public street  27

  69. Dictionary, new definition of sampling facility  28

  70. Further amendments, mentions of public street or in a public place       28

Part 4Road Transport (Driver Licensing) Regulation 2000

  1. Meaning of required medical standards
    Section 15 (1)  29

  2. Eligibility requirements for licence classes


    Section 28 (3) (c) except note  29

  3. Provisional licence requirement for motorcycle licences


    Section 29 (3) (c)  29

  4. Provisional licence requirement for car licences etc


    Section 30 (3) (c)  29

  5. Working out period a class or kind of licence has been held


    Section 68  30

  6. New section 141  30

  7. Dictionary, new definitions  30

Part 5Road Transport (General) Act 1999

  1. Definitions—div 4.2


    Section 61A, new definition of driver trainer  31

  2. Section 61A, definition of immediate suspension offence (or suspension offence), paragraph (a) (i)  31

  3. Dictionary, new definition of driver trainer  31

Part 6Road Transport (Offences) Regulation 2005

  1. Schedule 1 heading  32

  2. Schedule 1, part 1.3, items 3 and 4, column 3  32

  3. Schedule 1, part 1.3, items 6 to 19  33

Part 7Spent Convictions Act 2000

  1. How are traffic offences to be dealt with?


    Section 14 (1), new definition of driver trainer  47

  2. Section 14 (4) (c)  47

  3. Section 14 (4) (c)  47

  4. Section 14 (4) (c)  47

Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011

A2011-15

An Act to amend legislation about driving under the influence of alcohol and drugs, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011.

  2. 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)).

  3. Legislation amended

    This Act amends the following legislation:

    · Crimes Act 1900

    · Road Transport (Alcohol and Drugs) Act 1977

    · Road Transport (Driver Licensing) Regulation 2000

    · Road Transport (General) Act 1999

    · Road Transport (Offences) Regulation 2005

    ·     Spent Convictions Act 2000.

Part 2Crimes Act 1900

  1. Power to enter premises to arrest offender
    Section 220 (4), definition of relevant offence, paragraph (b) (iv)

    omit

    Driving with prescribed drug in oral fluid or blood

    substitute

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

Part 3Road Transport (Alcohol and Drugs) Act 1977

  1. Meaning of public place
    Section 4A

    omit

  2. Meaning of special driver
    Section 4B (1) (a)

    substitute

    (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

    (aa)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 (d); or

  3. Section 4B (3), new definitions

    insert

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

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

  4. New section 4BA

    insert

4BAMeaning of driver trainer

For this Act, driver trainer means a person mentioned in section 4B (1) (h), (i) or (j).

  1. Section 8

    substitute

  2. 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 an alcohol screening test 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)Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo an alcohol screening test.

  3. Section 9 heading

    substitute

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

  5. New section 9A

    insert

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

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 an alcohol screening test 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.

  1. Section 10 heading

    substitute

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

  3. New section 10 (2)

    insert

    (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 an alcohol screening test in accordance with the directions of that officer.

  4. Detention for breath analysis
    Section 11 (1) (a) and (b)

    after

    section 9

    insert

    , section 9A

  5. Breath analysis
    Section 12 (5), new example

    insert

    Example––written statement

    a print‑out from the breath analysis instrument

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  6. Section 13A

    substitute

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

  1. Section 13B heading

    substitute

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

  1. New section 13BA

    insert

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 until the test is completed in accordance with the police officer’s directions.

  1. Section 13C heading

    substitute

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

  1. New section 13C (1A)

    insert

    (1A)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.

  2. Detention for oral fluid analysis
    Section 13D (1) (a) and (b)

    after

    section 13B

    insert

    , section 13BA

  3. Oral fluid––preliminary analysis
    Section 13E (6), new example

    insert

    Example––written statement

    a print‑out from the oral fluid analysis instrument

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  4. Oral fluid—confirmatory analysis
    Section 13G (3)

    substitute

    (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.

  5. Section 13G (4)

    omit

    The analyst

    substitute

    An analyst responsible for testing the sample

  6. New section 13H

    in division 2.5, insert

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).

  1. Restrictions on tests etc under this part
    Section 14 (1)

    omit

    , and a police officer must not begin or continue an analysis under section 12 or section 13E

  2. Section 14 (1) (b)

    after

    vehicle

    insert

    or the driver trainer in the motor vehicle

  3. Section 14 (3) (c) (i) to (iii)

    substitute

    (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. Taking blood samples from people in custody
    Section 15 (1)

    after

    a hospital

    insert

    or sampling facility

  5. Section 15 (4)

    after 1st mention of

    hospital

    insert

    or at the sampling facility

  6. Section 15 (4)

    after last mention of

    hospital

    insert

    or at the facility

  7. Taking blood samples from people in hospital
    Section 15AA (1) (c) (i)

    after

    driver

    insert

    or driver trainer

  8. Medical examination—offence against s 24 or culpable driving
    Section 16 (1)

    substitute

    (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

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (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

  9. Section 16 (2)

    omit

    (other than a prescribed drug)

    insert

    , including a prescribed drug

  10. Section 16 (3)

    after

    a hospital

    insert

    or sampling facility

  11. Section 16 (4) to (6)

    after

    hospital

    insert

    or the sampling facility

  12. Analysis of body samples
    Section 16A (2) (a) and (b)

    omit

    (other than a prescribed drug)

    insert

    , including a prescribed drug

  13. Keeping of samples––request by DPP
    Section 16C (1) (a)

    omit

    a blood or a body sample

    substitute

    a blood, an oral fluid or other body sample

  14. Section 16C (1) (b) (ii)

    after

    under

    insert

    section 13G (6) (Oral fluid––confirmatory analysis),

  15. Section 16C (4), definition of preserved part, new paragraph (aa)

    before paragraph (a), insert

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

  16. Section 16C (4), definition of preserved part, paragraph (b)

    substitute

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

  17. Destruction of samples
    Section 16D (1)

    after

    under

    insert

    section 13G (4) (Oral fluid––confirmatory analysis),

  18. Section 16D (2)

    after

    under

    insert

    section 13G (4) (b),

  19. New division 2.8

    after section 18B, insert

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).

  1. Prescribed concentration of alcohol in blood or breath
    Section 19 (1) (a)

    substitute

    (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

  2. Section 19 (5), definition of relevant period

    after

    vehicle

    insert

    or the driver trainer in the vehicle

  3. Defence if person did not intend to drive motor vehicle
    Section 19A

    omit

    public street in a public place

    substitute

    road or road related area

  4. Defence if special driver with lower concentration of alcohol from allowable source
    Section 19B (1) (b)

    omit

    not more than

    substitute

    less than

  5. Section 20 heading

    substitute

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

  7. Section 20 (1)

    substitute

    (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, a prescribed drug in the person’s oral fluid or blood.

    Maximum penalty:

    (a)for an offence by a first offender––10 penalty units; and

    (b)for an offence by a repeat offender––

    (i)if the offender is the driver—25 penalty units, imprisonment for 3 months or both; and

    (ii)if the offender is the driver trainer—20 penalty units.

  1. Section 20 (4), definition of relevant period

    after

    vehicle

    insert

    or the driver trainer in the vehicle

  2. Refusing to provide breath sample
    Section 22 (a)

    substitute

    (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

  3. Refusing to provide oral fluid sample
    Section 22A (1) (a)

    substitute

    (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

  4. Failing to stay for drug screening test
    Section 22B (1), note 1

    after

    13B

    insert

    , s 13BA

  5. Refusing blood test etc
    Section 23 (1) (a)

    substitute

    (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

  6. Driver etc intoxicated
    Section 24A (1)

    omit

    public street

    substitute

    road

  7. Fines and imprisonment––s 19 offences
    New section 26 (3)

    insert

    (3)However, if the special driver convicted of an offence against section 19 (1) is a driver trainer, the person is not punishable by a penalty of imprisonment.

  8. Automatic driver licence disqualification––first offenders, s 19
    Section 32 (2)

    after

    special driver

    insert

    , other than a driver trainer,

  9. Automatic driver licence disqualification––repeat offenders, s 19
    Section 33 (2)

    after

    special driver

    insert

    , other than a driver trainer,

  10. Automatic driver licence disqualification––offences other than s 19
    Section 34 (1) and (2)

    after

    offender

    insert

    , other than a driver trainer,

  11. Evidentiary certificates––drug-related tests
    Section 41AA (4) (a)

    after

    nurse

    insert

    practitioner

  12. Evidentiary certificate––blood sample not taken
    Section 41AC (b)

    after

    hospital

    insert

    or sampling facility

  13. Evidence for insurance purposes
    Section 41A (1) (i)

    substitute

    (i)evidence that a statement was given to the person under section 13H (Oral fluid analysis statement), section 15B (Blood analysis statement) or section 16B (Body sample statement);

  14. Section 41A (1) (j)

    substitute

    (j)evidence of the contents of a statement given under section 13H, section 15B, or section 16B;

  15. Section 41A (2)

    before

    section 15B

    insert

    section 13H,

  16. Section 41A (5), definition of relevant offence, paragraph (b)

    omit

    Driving with prescribed drug in oral fluid or blood

    substitute

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

  17. When police officer may move person’s motor vehicle
    Section 48 (1) (b)

    after

    section 11,

    insert

    section 13D,

  18. Regulation-making power
    New section 51 (2)

    after the note, insert

    (2)The Executive may also make regulations under this Act, prescribing other areas that are road related areas for the purposes of this Act.

  19. Dictionary, note 3

    insert

    ·     road

    ·     road related area

  20. Dictionary, definition of disqualifying offence, paragraph (b)

    omit

    Driving with prescribed drug in oral fluid or blood

    substitute

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

  21. Dictionary, new definitions

    insert

    driver trainer––see section 4BA.

    external territory driver licence––see the Road Transport (Driver Licensing) Act 1999, dictionary.

  22. Dictionary, definitions of public place and public street

    omit

  23. Dictionary, new definition of sampling facility

    insert

    sampling facility means a facility prescribed by regulation to which a person may be taken for the purpose of having a blood sample taken by a doctor or nurse for analysis under part 2 (Examination of people for alcohol or drugs).

    Examples––sampling facility

    1     a police station

    2     a police vehicle equipped for the purpose of taking blood samples

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  24. Further amendments, mentions of public street or in a public place

    omit

    public street or in a public place

    substitute

    road or road related area

    in

    ·     section 9

    ·     section 13B

    ·     section 18A, definition of accident

    ·     section 24

    ·     dictionary, definition of accident

Part 4Road Transport (Driver Licensing) Regulation 2000

  1. Meaning of required medical standards
    Section 15 (1)

    omit

    Incorporated

  2. Eligibility requirements for licence classes
    Section 28 (3) (c) except note

    substitute

    (c)a foreign driver licence issued under the law of a recognised country that corresponds to that class or a higher class.

  3. Provisional licence requirement for motorcycle licences
    Section 29 (3) (c)

    substitute

    (c)a foreign driver licence issued under the law of a recognised country corresponding to a full motorcycle licence.

  4. Provisional licence requirement for car licences etc
    Section 30 (3) (c)

    substitute

    (c)a foreign driver licence issued under the law of a recognised country corresponding to an Australian driver licence of the class applied for or a higher class.

  5. Working out period a class or kind of licence has been held
    Section 68

    omit

    external driver licence

    substitute

    external territory driver licence or a foreign driver licence issued under the law of a recognised country

  6. New section 141

    insert

  7. Meaning of recognised country

    (1)For this regulation, a recognised country, in relation to a foreign driver licence, means a country listed as a recognised country by Austroads and published on its website from time to time.

    NoteThe list of recognised countries is available at Legislation Act, section 47 (6) does not apply to the list of recognised countries.

  8. Dictionary, new definitions

    insert

    Austroads means Austroads Ltd ABN 16 245 787 323.

    recognised country, in relation to a foreign driver licence—see section 141.

Part 5Road Transport (General) Act 1999

  1. Definitions—div 4.2
    Section 61A, new definition of driver trainer

    insert

    driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.

  2. Section 61A, definition of immediate suspension offence (or suspension offence), paragraph (a) (i)

    after

    driver

    insert

    , other than a driver trainer,

  3. Dictionary, new definition of driver trainer

    insert

    driver trainer, for division 4.2 (Licence suspension, disqualification and related matters)––see section 61A.

Part 6Road Transport (Offences) Regulation 2005

  1. Schedule 1 heading

    substitute

Schedule 1Short descriptions, penalties and demerit points

(see ss 5, 6, 8, 17 and 18)

  1. Schedule 1, part 1.3, items 3 and 4, column 3

    after

    doctor

    insert

    /authorised nurse practitioner

  1. Schedule 1, part 1.3, items 6 to 19

    substitute

6 19 (1)
6.1 ·    special driver, level 1, first offender special driver drive motor vehicle on road/related area with level 1 or more alcohol in blood—first offender 5
6.2 ·    special driver, level 1, repeat offender special driver drive motor vehicle on road/related area with level 1 or more alcohol in blood—repeat offender 10
6.3 ·    special driver, level 2, first offender special driver drive/driver trainer in motor vehicle on road/related area with level 2 or more alcohol in blood—first offender 5
6.4 ·    special driver,level 2, repeat offender special driver drive/driver trainer in motor vehicle on road/related area with level 2 or more alcohol in blood—repeat offender 10
6.5 ·    special driver, level 3, first offender—driver special driver drive motor vehicle on road/related area with level 3 or more alcohol in blood—first offender 10 pu/6 months prison/both
6.6 ·   special driver, level 3, first offender—driver trainer driver trainer in motor vehicle on road/related area with level 3 or more alcohol in blood—first offender 10
6.7 ·   special driver, level 3, repeat offender—driver special driver drive motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender 10 pu/6 months prison/both
6.8 ·    special driver, level 3, repeat offender—driver trainer driver trainer in motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender 10
6.9 ·   special driver, level 4, first offender—driver special driver drive motor vehicle on road/related area with level 4 or more alcohol in blood—first offender 15 pu/9 months prison/both
6.10 ·   special driver, level 4, first offender—driver trainer driver trainer in  motor vehicle on road/related area with level 4 or more alcohol in blood—first offender 15
6.11 ·   special driver, level 4, repeat offender—driver special driver drive motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender 20 pu/12 months prison/both
6.12 ·   special driver, level 4, repeat offender—driver trainer driver trainer in motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender 20
6.13 ·   person other than special driver, level 1, first offender drive motor vehicle on road/related area with level 1 or more alcohol in blood—first offender 5
6.14 ·   person other than special driver, level 1, repeat offender drive motor vehicle on road/related area with level 1 or more alcohol in blood—repeat offender 10
6.15 ·   person other than special driver, level 2, first offender drive motor vehicle on road/related area with level 2 or more alcohol in blood—first offender 5
6.16 ·   person other than special driver, level 2, repeat offender drive motor vehicle on road/related area with level 2 or more alcohol in blood—repeat offender 10
6.17 ·   person other than special driver, level 3, first offender drive motor vehicle on road/related area with level 3 or more alcohol in blood—first offender 10 pu/6 months prison/both
6.18 ·   person other than special driver, level 3, repeat offender drive motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender 10 pu/6 months prison/both
6.19 ·   person other than special driver, level 4, first offender drive motor vehicle on road/related area with level 4 or more alcohol in blood—first offender 15 pu/9 months prison/both
6.20 ·   person other than special driver, level 4, repeat offender drive motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender 20 pu/12 months prison/both

7

7.1

20 (1)

·      first offender

driver/driver trainer in motor vehicle on road/related area with prescribed drug in oral fluid or blood—first offender

10
7.2 ·      repeat offender—driver driver of  motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender 25 pu/3 months prison/both
7.3 ·      repeat offender—driver trainer driver trainer in motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender 20
8 22 (c)
8.1 ·      first offender—driver refuse to provide breath sample—first offender 30 pu/6 months prison/both
8.2 ·      first offender—driver trainer refuse to provide breath sample—first offender 30 pu/6 months prison/both
8.3 ·      repeat offender—driver refuse to provide breath sample—repeat offender 30 pu/12 months prison/both
8.4 ·      repeat offender—driver trainer refuse to provide breath sample—repeat offender 30 pu/12 months prison/both
9 22 (d)
9.1 ·      first offender—driver fail/refuse to provide breath sample as directed by police officer—first offender 30 pu/6 months prison/both
9.2 ·      first offender—driver trainer fail/refuse to provide breath sample as directed by police officer—first offender 30 pu/6 months prison/both
9.3 ·      repeat offender—driver fail/refuse to provide breath sample as directed by police officer—repeat offender 30 pu/12 months prison/both
9.4 ·      repeat offender—driver trainer fail/refuse to provide breath sample as directed by police officer—repeat offender 30 pu/ 12 months prison/both
10 22A (2) (a)
10.1 ·      first offender—driver refuse to provide sample of oral fluid for analysis—first offender 30 pu/6 months prison/both
10.2 ·      first offender—driver trainer refuse to provide sample of oral fluid for analysis—first offender 30 pu/6 months prison/both
10.3 ·      repeat offender —driver refuse to provide sample of oral fluid for analysis—repeat offender 30 pu/12 months prison/both
10.4 ·      repeat offender—driver trainer refuse to provide sample of oral fluid for analysis—repeat offender 30 pu/12 months prison/both
11 22A (2) (b)
11.1 ·      first offender—driver fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender 30 pu/6 months prison/both
11.2 ·      first offender —driver trainer fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender 30 pu/6 months prison/both
11.3 ·      repeat offender—driver fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender 30 pu/12 months prison/both
11.4 ·      repeat offender—driver trainer fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender 30 pu/12 months prison/both
12 22B fail to stay for drug screening test 20
13 23 (1)
13.1 ·      first offender—driver fail/refuse to permit blood sample to be taken—first offender 30 pu/6 months prison/both
13.2 ·      first offender—driver trainer fail/refuse to permit blood sample to be taken—first offender 30 pu/6 months prison/both
13.3 ·      repeat offender—driver fail/refuse to permit blood sample to be taken—repeat offender 30 pu/12 months prison/both
13.4 ·      repeat offender—driver trainer fail/refuse to permit blood sample to be taken—repeat offender 30 pu/12 months prison/both
14 23 (2)
14.1 ·      first offender—driver behave in manner so impossible/impractical for blood sample to be taken—first offender 30 pu/6 months prison/both
14.2 ·      first offender—driver trainer behave in manner so impossible/impractical for blood sample to be taken—first offender 30 pu/6 months prison/both
14.3 ·      repeat offender—driver behave in manner so impossible/impractical for blood sample to be taken—repeat offender 30 pu/12 months prison/both
14.4 ·      repeat offender—driver trainer behave in manner so impossible/impractical for blood sample to be taken—repeat offender 30 pu/12 months prison/both
15 23 (3) (a)
15.1 ·      first offender—driver fail/refuse to submit to medical examination—first offender 30 pu/6 months prison/both
15.2 ·      first offender—driver trainer fail/refuse to submit to medical examination—first offender 30 pu/ 6 months prison/both
15.3 ·      repeat offender—driver fail/refuse to submit to medical examination—repeat offender 30 pu/12 months prison/both
15.4 ·      repeat offender—driver trainer fail/refuse to submit to medical examination—repeat offender 30 pu/12 months prison/both
16 23 (3) (b)
16.1 ·      first offender—driver fail/refuse to give/permit taking of body sample—first offender 30 pu/6 months prison/both
16.2 ·      first offender—driver trainer fail/refuse to give/permit taking of body sample—first offender 30 pu/6 months prison/both
16.3 ·      repeat offender—driver fail/refuse to give/permit taking of body sample —repeat offender 30 pu/12 months prison/both
16.4 ·      repeat offender—driver trainer fail/refuse to give/permit taking of body sample —repeat offender 30 pu/12 months prison/both
17 24 (1)
17.1 ·      first offender drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—first offender 30 pu/6 months prison/both
17.2 ·      repeat offender drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—repeat offender 30 pu/12 months prison/both
18 24A drive/ride/be in charge of vehicle/animal on road under influence of alcohol 50 pu/6 months prison/both
19 47B fail to comply with police officer’s direction not to drive 10

Part 7Spent Convictions Act 2000

  1. How are traffic offences to be dealt with?
    Section 14 (1), new definition of driver trainer

    insert

    driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.

  2. Section 14 (4) (c)

    after

    drivers

    insert

    and driver trainers

  3. Section 14 (4) (c)

    after first mention of

    driving

    insert

    or driver training

  4. Section 14 (4) (c)

    omit

    or driving

    insert

    and driving or driver training

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 31 March 2011.

  2. Notification

    Notified under the Legislation Act on 12 May 2011.

  3. 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) Legislation Amendment Bill 2011, which was passed by the Legislative Assembly on 3 May 2011.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2011

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