Statutes Amendment (Drink and Drug Driving) Act 2017 (SA)

South Australia

Statutes Amendment (Drink and Drug Driving) Act 2017

An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959, the Rail Safety National Law (South Australia) Act 2012 and the Road Traffic Act 1961.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Statutes Amendment (Drink and Drug Driving) Act 2017.

This Act will come into operation on a day to be fixed by proclamation.

1. (1)

   Subject to subsection (2), in this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

2. (2)

   A provision in Part 4 amends the Rail Safety National Law (South Australia) Act 2012 (other than a provision of the Rail Safety National Law set out in the Schedule to that Act).

Section 4(1), definition of oral fluid analysis—delete the definition and substitute:

oral fluid analysis means the analysis of a person's oral fluid to determine whether a prescribed drug is present in the oral fluid;

1. (1)

   Section 72(8)—delete subsection (8) and substitute:

   1. (8)

      A drug screening test may only be conducted by—

      1. (a)

         a police officer; or

      2. (b)

         a person authorised by the Commissioner of Police to conduct such tests.

2. (2)

   Section 72(18)(b)—delete paragraph (b) and substitute:

   1. (b)

      submits to a drug screening test and the drug screening test indicates the presence of a prescribed drug in the person's oral fluid,

1. (1)

   Section 73(7)(c)—delete paragraph (c) and substitute:

   1. (c)

      purporting to be signed by an authorised person and to certify that—

      1. (i)

         a breath analysing instrument used by the person was in proper order and was properly operated; and

      2. (ii)

         the provisions of this Act with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with,

2. (2)

   Section 73(8)—delete subsection (8) and substitute:

   1. (8)

      A certificate purporting to be signed by an authorised person and to certify that—

      1. (a)

         a sample of oral fluid for the purposes of an oral fluid analysis was taken on a specified day and at a specified time from a person named in the certificate; and

      2. (b)

         the provisions of this Act with respect to the taking of samples of oral fluid for such purposes were complied with,

   is, in the absence of proof to the contrary, proof of the matters so certified.

3. (3)

   Section 73(21)—delete subsection (21) and substitute:

   1. (21)

      A certificate purporting to be signed by an analyst and to certify that an oral fluid analysis was properly conducted is admissible in proceedings before a court and is, in the absence…