Road Transport (Alcohol and Drugs) Regulation 2000 (ACT)

Road Transport (Alcohol and Drugs) Regulation 2000   

SL2000-8

made under the

Road Transport (Alcohol and Drugs) Act 1977

Republication No 15

Effective:  1 January 2025

Republication date: 1 January 2025

Last amendment made by SL2024‑20

(republication for amendments by A2024-20

and SL2024‑20)

About this republication

The republished law

This is a republication of the Road Transport (Alcohol and Drugs) Regulation 2000, made under 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 1 January 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 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 includes 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) Regulation 2000

made under the

Road Transport (Alcohol and Drugs) Act 1977

Contents

Page

1            Name of regulation  2

2            Alcohol screening device—Act, s 7, def alcohol screening device           2

3            Breath analysis instrument—Act, s 7A, def breath analysis instrument     2

3A          Drug screening device—Act, s 7B, def drug screening device               2

3B          Oral fluid analysis instruments—Act, s 7C, def oral fluid analysis instrument 3

4            Breath analysis—requirements for statement under Act, s 12 (5)           3

5            Oral fluid analysis—requirements for statement under Act, s 13E (6)       3

5A          Prescribed drugs—Act, dict, def prescribed drug  3

6            Sampling facility—Act, dict, def sampling facility  4

Schedule 1 Particulars for breath analysis statement              5

Schedule 2  Particulars for oral fluid analysis statement          6

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  11

5            Earlier republications  12

Road Transport (Alcohol and Drugs) Regulation 2000

made under the

Road Transport (Alcohol and Drugs) Act 1977

1. Name of regulation

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

2. Alcohol screening device—Act, s 7, def alcohol screening device

   The following devices are prescribed:

   (a)Alcolizer LE;

   (b)lion alcolmeter SD-400;

   (c)Alcolizer 5 Series;

   (d)Alcolizer LE 5 Series.

3. Breath analysis instrument—Act, s 7A, def breath analysis instrument

   The following instruments are prescribed:

   (a)Dräger Alcotest 7110 MKV, also known as the Draeger Alcotest 7110 MKV;

   (b)Dräger Alcotest 9510 AUS, also known as the Draeger Alcotest 9510 AUS.

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

The following devices are prescribed:

(a)Securetec DrugWipe 3 S;

(b)Securetec DrugWipe TWIN, also known as the Securetec DrugWipe II TWIN.

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

The following instruments are prescribed:

(a)Cozart DDS;

(b)Dräger DrugTest 5000, also known as the Draeger DrugTest 5000.

1. Breath analysis—requirements for statement under Act, s 12 (5)

   A statement given to a person under the Act, section 12 (5) in relation to an analysis of a sample of the person’s breath must include the information mentioned in schedule 1.

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).

5APrescribed drugs—Act, dict, def prescribed drug

The following are prescribed:

(a)delta-9-tetrahydrocannabinol;

(b)methylamphetamine;

(c)N, α-Dimethyl-3,4-(Methylenedioxy)phenylethylamine;

(d)cocaine.

1. Sampling facility—Act, dict, def sampling facility

   (1)The following are prescribed:

   (a)a police station;

   (b)a police vehicle that is—

   (i)a truck, bus or trailer; and

   (ii)equipped for the purpose of conducting alcohol or drug tests under the Act.

   (2)In this section:

   bus—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.

   police station—see the Crimes Act 1900, section 185.

   police vehicle—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.

   trailer—see the Road Transport (General) Act 1999, dictionary.

   truck—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.

Schedule 1Particulars for breath analysis statement

(see s 4)

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

2. the date, start time and location where the test was carried out

3. the name and date of birth of the person providing a sample of his or her breath for analysis

4. the name of the police officer who has custody of the person under the Act, section 11 (who may be referred to in the statement as the informant)

5. the service number and signature of the authorised operator

6. whether self-tests were conducted on the instrument before and after analysis and the time and the result of any such test

7. if the breath sample was tested on ‘override’ mode, that fact

8. the date and time when the sample of breath was analysed

9. the result of the breath analysis as shown by the instrument

Schedule 2 Particulars for oral fluid analysis statement

(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. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally the Road Transport (Alcohol and Drugs) Regulations 2000.  It was renamed under the Legislation Act 2001.

   Road Transport (Alcohol and Drugs) Regulation 2000 SL2000-8

   notified 29 February 2000 (Gaz 2000 No S6)
   s 1, s 2 commenced 29 February 2000 (IA s 10B)
   remainder commenced 1 March 2000 (s 2 and see Road Transport (General) Act 1999 A1999-77 and Gaz 2000 No S5)

   as amended by

   Road Transport Legislation Amendment Act 2001 A2001-27 sch 4

   notified 24 May 2001 (Gaz 2001 No 21)
   s 1, s 2 commenced 24 May 2001 (IA s 10B)
   sch 4 commenced 24 May 2001 (s 2)

   Legislation (Consequential Amendments) Act 2001 A2001-44 pt 335

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 335 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.18

   notified LR 11 September 2003
   s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
   sch 3 pt 3.18 commenced 9 October 2003 (s 2 (1))

   Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010 A2010-47 sch 1 pt 1.2

   notified LR 25 November 2010
   s 1, s 2 commenced 25 November 2010 (LA s 75 (1))
   sch 1 pt 1.2 commenced 1 December 2010 (s 2 (2) and see Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010 A2010-27, s 2 and CN2010-15)

   Road Transport (Alcohol and Drugs) Amendment Regulation 2011 (No 1) SL2011-11

   notified LR 2 May 2011
   s 1, s 2 commenced 2 May 2011 (LA s 75 (1))

   s 3, s 4 commenced 3 May 2011 (s 2 (1))
   remainder commenced 13 May 2011 (s 2 (2) (b) and see Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 A2011-15 s 2)

   Road Transport (Alcohol and Drugs) Amendment Regulation 2012 (No 1) SL2012-35

   notified LR 8 August 2012
   s 1, s 2 commenced 8 August 2012 (LA s 75 (1))

   remainder commenced 9 August 2012 (s 2)

   Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 1) SL2013-7

   notified LR 28 March 2013
   s 1, s 2 commenced 28 March 2013 (LA s 75 (1))

   remainder commenced 29 March 2013 (s 2)

   Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 2) SL2013-27

   notified LR 1 November 2013
   s 1, s 2 commenced 1 November 2013 (LA s 75 (1))

   remainder commenced 2 November 2013 (s 2)

   Road Transport (Alcohol and Drugs) Amendment Regulation 2014 (No 1) SL2014-1

   notified LR 23 January 2014
   s 1, s 2 commenced 23 January 2014 (LA s 75 (1))

   remainder commenced 24 January 2014 (s 2)

   Road Transport (Alcohol and Drugs) Amendment Regulation 2016 (No 1) SL2016-22

   notified LR 18 August 2016
   s 1, s 2 commenced 19 August 2016 (LA s 75 (1))
   remainder commenced 19 August 2016 (s 2)

   Road Safety Legislation Amendment Act 2024 A2024-20 pt 3

   notified LR 24 May 2024
   s 1, s 2 commenced 24 May 2024 (LA s 75 (1))

   s 41 commenced 1 January 2025 (s 2 (2))

   pt 3 remainder commenced 25 May 2024 (s 2 (1))

   Road Transport (Alcohol and Drugs) Amendment Regulation 2024 (No 1) SL2024-20

   notified LR 29 August 2024
   s 1, s 2 commenced 29 August 2024 (LA s 75 (1))
   remainder commenced 1 January 2025 (s 2)

2. Amendment history

   Name of regulation

   s 1am R5 LA

   Alcohol screening device—Act, s 7, def alcohol screening device

   s 2om A2001‑27 amdt 4.1

   ins A2010‑47 amdt 1.3

   am SL2013-7 s 4; SL2016‑22 s 4

   Breath analysis instrument—Act, s 7A, def breath analysis instrument

   s 3om A2001‑44 amdt 1.3691

   ins A2010‑47 amdt 1.3

   sub SL2013‑27 s 4; SL2014‑1 s 4

   Drug screening device—Act, s 7B, def drug screening device

   s 3Ains SL2011‑11 s 4

   sub SL2024‑20 s 4

   Oral fluid analysis instruments—Act, s 7C, def oral fluid analysis instrument

   s 3Bins SL2011‑11 s 4

   sub SL2013‑27 s 5

   Breath analysis—requirements for statement under Act, s 12 (5)

   s 4 hdgam A2003‑41 amdt 3.373

   s 4am A2001‑27 amdt 4.2; A2003‑41 amdt 3.374

   sub A2010‑47 amdt 1.3

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

   s 5om R1 LRA

   ins A2010‑47 amdt 1.3

   sub SL2011‑11 s 5

   Prescribed drugs—Act, dict, def prescribed drug

   s 5Ains A2024‑20 s 40

   am A2024‑20 s 41

   Sampling facility—Act, dict, def sampling facility

   s 6ins SL2012‑35 s 4

   Particulars for breath analysis statement

   sch 1 hdg(prev sch hdg) renum A2001‑27 amdt 4.3

   sub A2010‑47 amdt 1.4; SL2013‑27s 6

   sch 1am A2010‑47 amdt 1.5; SL2011‑11 ss 6-8

   Particulars for oral fluid analysis statement

   sch 2 hdgsub SL2013‑27 s 7

   sch 2ins SL2011‑11 s 9

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.  Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 (RI) 30 Aug 2021	1 Mar 2000	not amended	new regulation reissued electronic republication of printed version
R2 (RI) 30 Aug 2021	24 May 2001	A2001‑27	amendments by A2001‑27
R3 12 Sep 2001	12 Sep 2001	A2001‑44	amendments by A2001‑44
R4 9 Oct 2003	9 Oct 2003	A2003‑41	amendments by A2003‑41
R5 3 Nov 2004	3 Nov2004	A2003‑41	editorial amendments under Legislation Act
R6 1 Dec 2010	1 Dec 2010	A2010‑47	amendments by A2010‑47
R7 3 May 2011	3 May 2011	SL2011‑11	amendments by SL2011‑11
R8 13 May 2011	13 May 2011	SL2011‑11	amendments by SL2011‑11
R9 9 Aug 2012	9 Aug 2012	SL2012‑35	amendments by SL2012‑35
R10 29 Mar 2013	29 Mar 2013	SL2013‑7	amendments by SL2013‑7
R11 2 Nov 2013	2 Nov 2013	SL2013‑27	amendments by SL2013‑27
R12 24 Jan 2014	24 Jan 2014	SL2014‑1	amendments by SL2014‑1
R13 19 Aug 2016	19 Aug 2016	SL2016‑22	amendments by SL2016‑22
R14 25 May 2024	25 May 2024– 31 Dec 2024	A2024‑20	amendments by A2024‑20