Statutes Amendment (Road Safety Reforms) Act 2003 (SA)

South Australia

Statutes Amendment (Road Safety Reforms) Act 2003

An Act to amend the Harbors and Navigation Act 1993, 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 (Road Safety Reforms) Act 2003.

2—Commencement

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

3—Interpretation

A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.

4—Minister to report on operation of Act

The Minister must, within 12 sitting days after the second and third anniversaries of the commencement of section 1, cause a report on the operation of the amendments contained in this Act to be laid before both Houses of Parliament.

Part 2—Amendment of Harbors and Navigation Act 1993

5—Amendment of s. 70—Alcohol and other drugs

Section 70 of the principal Act is amended by striking out subsection (4) and substituting the following subsection:

1. (4)

   In determining whether an offence is a first, second or subsequent offence for the purposes of this section, any previous offence against this Division for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

6—Amendment of s. 72B—Blood tests by nurses where breath analysis taken outside Metropolitan Adelaide

Section 72B of the principal Act is amended by striking out the definition of registered nurse in subsection (2) and substituting the following definition:

registered nurse means a person who is registered as a nurse under the Nurses Act 1999.

7—Amendment of s. 74—Compulsory blood tests of injured persons including water skiers

Section 74 of the principal Act is amended by striking out subsection (19) and substituting the following subsection:

1. (19)

   In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous offence against this Division for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

Part 3—Amendment of Motor Vehicles Act 1959

8—Amendment of s. 5—Interpretation

Section 5 of the principal Act is amended—

1. (a)

   by inserting after the definition of agricultural machine in subsection (1) the following definition:

   alcohol interlock scheme conditions means the conditions referred to in section 51(1) of the Road Traffic Act 1961;;

2. (b)

   by inserting at the end of the definition of photograph in subsection (1) ", and photographic has a corresponding meaning;";

3. (c)

   by inserting after the definition of photograph in subsection (1) the following definition:

   photographic detection device has the same meaning as in the Road Traffic Act 1961;.

9—Substitution of s. 74