Statutes Amendment (Drink Driving) Act 2005 (SA)

South Australia

Statutes Amendment (Drink Driving) Act 2005

An Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Drink Driving) Act 2005.

2—Commencement

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

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Motor Vehicles Act 1959

4—Amendment of section 81C—Disqualification for certain drink driving offences

1. (1)

   Section 81C(2)(a)—delete subparagraphs (i), (ii) and (iii) and substitute:

   1. (i)

      if the offence is a second offence—3 months; or

   2. (ii)

      if the offence is a third offence—6 months; or

   3. (iii)

      if the offence is a subsequent offence—12 months; and

2. (2)

   Section 81C(7)—delete "will be taken into account, but only if the previous offence was committed" and substitute:

   or that has been expiated will be taken into account, but only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person

5—Amendment of section 93—Notice to be given to Registrar

1. (1)

   Section 93(1)—after paragraph (c) insert:

   or

   1. (d)

      makes an order under section 47IAB of the Road Traffic Act 1961,

2. (2)

   Section 93(1)—delete "of the finding or order (including the period of any disqualification)" and substitute:

   and effect of the finding or order

Part 3—Amendment of Road Traffic Act 1961

6—Amendment of section 47A—Interpretation

1. (1)

   Section 47A(1)—after the definition of gross vehicle mass insert:

   prescribed circumstances—a requirement to submit to an alcotest or breath analysis under section 47E, or a direction to stop a vehicle for the purpose of making such a requirement, is made or given in prescribed circumstances if the member of the police force who makes the requirement or gives the direction believes on reasonable grounds that the person of whom the requirement is, or is to be, made has, within the preceding 2 hours—

   1. (a)

      committed an offence of a prescribed class; or

   2. (b)

      behaved in a manner that indicates that his or her ability to drive a motor vehicle is impaired; or

   3. (c)

      been involved as a driver in an accident;

2. (2)

   Section 47A—after subsection (2) insert:

   1. (2a)

      For the purposes of this Act, a member of the police force exercises random testing powers if, in accordance with section 47E—

      1. (a)

         the member requires a person to submit to an alcotest or breath analysis or directs a person driving a motor vehicle to stop the vehicle for the purpose of requiring a person to submit to an alcotest or breath analysis; and

      2. (b)

         the requirement is made, or the direction is given, otherwise than in prescribed circumstances.

3. (3)

   Section 47A(3)—after "47B(4)," insert:

   47B(6),

7—Amendment of section 47B—Driving while having prescribed concentration of alcohol in blood

Section 47B(7)—delete subsection (7)

8—Amendment of section 47DA—Breath testing…