Untitled document

Road Safety (Amendment) Act 2000

Act No. 14/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	3

PART 2—DRIVING WHILE IMPAIRED BY A DRUG 4

4.	Definitions	4
5.	Interpretative provisions	6
6.	New offences relating to driving while impaired by a drug	7
7.	Licence cancellation and disqualification	9
8.	Immediate suspension of driver licence or permit	11
9.	New sections 55A, 55B and 55C inserted	11

55A.	Drug assessment	11
55B.	Blood and urine samples	14
55C.	Destruction of identifying information	16

10.	Evidentiary provisions—blood tests	19
11.	New section 57A inserted	21

57A. Evidentiary provisions—urine tests 21

12.	Power to enter motor vehicles	25
13.	New section 94B inserted	25

94B. Supreme Court—limitation of jurisdiction 25

14.	Disallowance of Order and notice	25
15.	Regulations	26

PART 3—OTHER AMENDMENTS TO ROAD SAFETY ACT 1986 27

16.	Definitions	27
17.	Approved health professionals to take blood samples	27
18.	Taking of blood samples	28
19.	Power to prosecute	28
20.	Certain matters indicated by camera devices and speed camera
devices	29
21.	General evidentiary provisions	29
22.	Service of parking infringement notices	29
23.	Service of notices	30

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Section Page

24. New sections 104 and 105 inserted 30

104.        Validation of certain resolutions fixing higher penalties

for parking infringements 30

105.        Certain local laws to have force and effect despite

inconsistency with regulations 31

25.	Subject matter for regulations	32
26.	Statute law revision	33

PART 4—AMENDMENT OF OTHER ACTS	34
Division 1—Marine Act 1988	34

27.	Approved health professionals to take blood samples	34
28.	Taking of blood samples	35
29.	New section 107C inserted	35

107C. Supreme Court—limitation of jurisdiction 35

30. Regulations 36

Division 2—Transport Act 1983 36

31.	Approved health professionals to take blood samples	36
32.	Taking of blood samples	37
33.	Regulations	37
34.	New section 255C inserted	38

255C. Supreme Court—limitation of jurisdiction 38

Division 3—Road Safety Act Amending Acts 38

35.	Road Safety (Further Amendment) Act 1998	38
36.	Repeal of certain unproclaimed amendments	38

═══════════════

NOTES 39

ii

Victoria

No. 14 of 2000

Road Safety (Amendment) Act 2000†

[Assented to 18 April 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a) to amend the Road Safety Act 1986 to—

(i)  prohibit driving while impaired by a drug other than alcohol;

(ii)

enable blood samples to be taken by driving cases;

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 2

(iii)  permit councils to, by resolution, fix a penalty, up to a maximum of $50, for parking infringements committed

against regulations made under the Road Safety Act 1986 within their municipal districts;

(iv) councils, fixing a penalty up to a
maximum of $50, for parking
infringements committed against
regulations made under the Road

validate certain resolutions made by districts;

(v) make certain local laws in relation to the parking of vehicles have force and effect despite being inconsistent with regulations made under the Road Safety Act 1986;

(vi)

empower protective services officers to offences;

(vii)  provide for the introduction of digital cameras and digital speed cameras;

(b) to amend the Marine Act 1988 and the Transport Act 1983 to enable approved health professionals to take blood samples in relation to certain offences involving alcohol;

(c) to repeal certain unproclaimed amendments.

2. Commencement

(1) This Part and sections 16, 19, 20, 21, 22, 23, 24, 25, 26 and 36 come into operation on the day on which this Act receives the Royal Assent.

(2) Section 35 is deemed to have come into operation on 4 November 1998.

Road Safety (Amendment) Act 2000

s. 3 Act No. 14/2000

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 December 2000,
it comes into operation on that day.

3. Principal Act

No. 127/1986.	In this Act, the Road Safety Act 1986 is called
Reprint No. 5
as at 1 May	the Principal Act.
1999.

_______________
Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 4

PART 2—DRIVING WHILE IMPAIRED BY A DRUG

4. Definitions

(1) In section 3(1) of the Principal Act, in the

definition of "accredited drink-driving education
program" for "drink-driving" substitute
"driver".

(2) In section 3(1) of the Principal Act, for the

definition of "drug" substitute—
' ''drug" means a substance that is a drug for the

purposes of this Act by virtue of a
declaration under sub-section (3) or any
other substance (other than alcohol) which,
when consumed or used by a person,
deprives that person (temporarily or
permanently) of any of his or her normal
mental or physical faculties;'.

(3) In section 3(1) of the Principal Act, insert the

following definitions—
' "approved health professional" means—

(a) a registered nurse, within the meaning of the Nurses Act 1993, registered in division 1 of the register kept under that

Act;

(b) a person approved under sub-section (4) to take a blood sample for the purposes of Part 5;';

"dentist" means a dentist within the meaning of the Dentists Act 1972;

"Director of the Victorian Institute of Forensic

Medicine" means the Director within the meaning of the Coroners Act 1985;

Road Safety (Amendment) Act 2000

s. 4 Act No. 14/2000

"permissible non-prescription drug" means—

(a)	a Schedule 2 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 that is listed in
Appendix K of Part 5 of the Commonwealth standard within the meaning of that Act; or
(b)	a Schedule 3 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

"pharmacist" means a pharmacist within the
meaning of the Pharmacists Act 1974;
"prescription drug", in relation to a person,

means a Schedule 4 poison or Schedule 8 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 which that person is authorised or

licensed by or under that Act to have in his

or her possession;

"substance" means substance in any form

(whether gaseous, liquid, solid or other) and
includes material, preparation, extract and
admixture;'.

(4) In section 3 of the Principal Act, after sub-section

(2) insert—
"(3) The Minister may, by Order published in the

Government Gazette, declare any substance

to be a drug for the purposes of this Act.

(4) The Director of the Victorian Institute of

Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of Part 5 if the Director is of the opinion that the person has the appropriate

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 5

qualifications, training and experience to

take such samples.".

5. Interpretative provisions

(1) In section 48(1) of the Principal Act, after

paragraph (a) insert—

"(ab) if it is established that at any time within

3 hours after an alleged offence against
paragraph (ba) of section 49(1), a certain
drug was present in the body of the person
charged with the offence it must be
presumed, until the contrary is proved, that
that drug was present in the person's body at
the time at which the offence is alleged to
have been committed; and".

(2) In section 48 of the Principal Act, after sub- section (1AB) insert—

"(1AC) For the purposes of an alleged offence

against paragraph (ba) of section 49(1) it
must be presumed that a drug found by an
analyst to be present in the sample of blood
or urine taken from the person charged was
not due solely to the consumption or use of
that drug after driving or being in charge of a
motor vehicle unless the contrary is proved
by the person charged on the balance of
probabilities by sworn evidence given by
him or her which is corroborated by the
material evidence of another person.

(1AD) For the purposes of sections 55A and 55B, a

driver is not to be taken to be impaired
unless his or her behaviour or appearance is
such as to give rise to a reasonable suspicion
that he or she is unable to drive properly.".

(3) In section 48(3) of the Principal Act, after "55"

insert "or 55A(3)".

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s. 6 Act No. 14/2000

6.  New offences relating to driving while impaired by a drug

(1) In section 49(1) of the Principal Act—

(a) after paragraph (b) insert— "(ba) drives a motor vehicle or is in charge of

a motor vehicle while impaired by a

drug; or";

(b) after paragraph (c) insert— "(ca) refuses to undergo an assessment of

drug impairment in accordance with
section 55A when required under that
section to do so or refuses to comply
with any other requirement made under

section 55A(1); or";

(c) after paragraph (e) insert— "(ea) refuses to comply with a requirement

made under section 55B(1); or".

(2) In section 49(3) of the Principal Act—

(a) after "(b)," insert "(ba),"; (b) after "(c)," insert "(ca),"; (c) after "(e)," insert "(ea),".

(3) In section 49 of the Principal Act, after sub-

section (3) insert—

'(3A) In proceedings for an offence under

paragraph (ba) of sub-section (1), proof

that—

(a)	the person drove or was in charge of a motor vehicle; and
(b)	one or more drugs were present in the person's body at the time at which he or she drove or was in charge of the motor vehicle; and

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 6

(c)	the behaviour of the person on an assessment of drug impairment carried out under section 55A was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and
(d)	the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable to drive properly—

is, in the absence of evidence to the contrary
but subject to sub-sections (3B) and (3C),
proof that the defendant drove or was in
charge of a motor vehicle while impaired by
a drug.

(3B) If on an analysis carried out in accordance

with this Part, no drug other than a
permissible non-prescription drug or a
prescription drug was found present in the
person's body, it is a defence to a charge
under paragraph (ba) of sub-section (1) for
the person charged to prove that—

(a) reasonably have known that the
permissible non-prescription drug or

he or she did not know and could not combination of those drugs, so found would impair driving if consumed or used in accordance with advice given to him or her by a registered medical practitioner, a dentist or a pharmacist in relation to the drug or combination of drugs; and

(b) he or she consumed or used that drug or combination of drugs in accordance with that advice.

Road Safety (Amendment) Act 2000

s. 7 Act No. 14/2000

(3C) In sub-section (3B), "advice" means written or oral advice and includes anything written on a label accompanying the drug.'.

(4) In section 49 of the Principal Act, after sub-

section (7) insert—
"(8) If on a prosecution for an offence under

paragraph (a) of sub-section (1), the court is
not satisfied that the defendant is guilty of
that offence but is satisfied that the
defendant is guilty of an offence under
paragraph (ba) of that sub-section, the court
may find the defendant guilty of an offence
under paragraph (ba) and punish the

defendant accordingly.".

7. Licence cancellation and disqualification

(1) In section 50 of the Principal Act, after sub- section (1B) insert—

"(1C) On convicting a person, or finding a person guilty of an offence under section 49(1)(ba), the court must, if the offender holds a driver licence or permit, cancel that licence or

permit and, whether or not the offender holds
a driver licence or permit, disqualify the
offender from obtaining one for such period

as the court thinks fit, not being less than—

(a)	in the case of a first offence, 12 months; and
(b)	in the case of a subsequent offence, 2 years.

(1D) On convicting a person, or finding a person guilty of an offence under section 49(1)(ca) or (ea), the court must, if the offender holds a driver licence or permit, cancel that licence

or permit and, whether or not the offender holds a driver licence or permit, disqualify

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 7

the offender from obtaining one for such
period as the court thinks fit, not being less

than—

(a)	in the case of a first offence, 2 years; and
(b)	in the case of a subsequent offence, 4 years.".

(2) In section 50(4A)(b) of the Principal Act—

(a) after "(a)," insert "(ba),"; (b) after "(c)," insert "(ca),"; (c) for "or (e)" substitute ", (e) or (ea)".

(3) In section 50(4B)(a) of the Principal Act, after

"months" insert "(or, if the offence in respect of
which the person was disqualified was an offence
under section 49(1)(ba), (ca) or (ea), at least
6 months)".

(4) In section 50(4D) of the Principal Act, omit "of

12 months".

(5) In section 50A(1) of the Principal Act, for "drink- driving" substitute "driver".

(6) In section 50A of the Principal Act, after sub- section (1) insert—

"(1A) The Corporation must not issue a driver

licence or permit to a person whose driver
licence or permit is cancelled, or who is
disqualified from obtaining a driver licence
or permit, on conviction, or on being found
guilty, of an offence under section 49(1)(ba),
(ca) or (ea) and who, at the time of the
offence, was under 25 years old unless it is
satisfied that the person has, if the offence is
a first offence, completed an accredited
driver education program.".

Road Safety (Amendment) Act 2000

s. 8 Act No. 14/2000

(7) In section 50A(2), (3) and (4) of the Principal Act, for "drink-driving" substitute "driver".

8. Immediate suspension of driver licence or permit

(1) In section 51 of the Principal Act, after sub- section (1) insert—

"(1A) If a person is charged by a member of the

police force with an offence under paragraph
(ba), (ca) or (ea) of section 49(1), any
member of the police force may, at any time
after the making of the charge until the
charge has been determined, give to the
accused a notice containing the prescribed
particulars informing the accused that his or
her driver licence or permit is immediately
suspended until the charge has been
determined and requiring the accused to
surrender immediately to the person who
gave the notice the licence document or
permit document.".

(2) In section 51(3), (4), (5) and (10) of the Principal Act, after "(1)" insert "or (1A)".

9. New sections 55A, 55B and 55C inserted

After section 55 of the Principal Act insert—

'55A. Drug assessment

(1) A member of the police force may at any time require—

(a)	any person he or she finds driving a motor vehicle or in charge of a motor vehicle; or
(b)	the driver of a motor vehicle that has been required to stop at a preliminary breath testing station under section

54(3); or

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 9

(c)	any person who he or she believes on reasonable grounds has within the last 3 preceding hours driven or been in
charge of a motor vehicle when it was involved in an accident; or
(d)	any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a motor vehicle when it was involved in an accident, if it has not been established to the satisfaction of the member of the police force which of the occupants was driving or in charge of the motor vehicle when it was involved in the accident; or
(e)	any person whom he or she has required under section 53 to undergo a preliminary breath test; or
(f)	any person required under section 55 to furnish a sample of breath or from whom a sample of blood was required to be taken under section 55(9A)—

to undergo an assessment of drug
impairment if, in the opinion of the member,
that person's behaviour or appearance
indicates that he or she may be impaired for
a reason other than alcohol alone and for that
purpose may further require the person to
accompany a member of the police force to a
place where the assessment is to be carried
out and to remain there until the assessment
has been carried out or until 3 hours after the
driving, being an occupant of or being in
charge of the motor vehicle, whichever is
sooner.

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s. 9 Act No. 14/2000

(2) A person is not obliged to undergo an

assessment of drug impairment if more than
3 hours have passed since the person last
drove, was an occupant of or was in charge
of a motor vehicle.

(3) An assessment of drug impairment must be carried out by a member of the police force authorised to do so by the Chief

Commissioner of Police.

(4) An assessment of drug impairment must be

carried out in accordance with the procedure
specified in a notice under sub-section (5).

(5) The Corporation may, by notice published in

the Government Gazette, specify the
procedure to be followed in assessing drug
impairment.

(6) The carrying out of an assessment of drug impairment must be video-recorded unless the prosecution satisfies the court that a

video-recording has not been made because
of exceptional circumstances.

(7) If the person on whom an assessment of drug

impairment was carried out is subsequently
charged with an offence under paragraph
(ba) of section 49(1), a copy of the video-
recording, if any, must be served with the
summons or, if a summons is not issued,
within 7 days after the making of the charge.

(8) Subject to sub-section (9), the video-

recording of the carrying out of an
assessment of drug impairment on a person
is only admissible in a proceeding against
that person for an offence against this Act for
the purpose of establishing that the
assessment of drug impairment was carried

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Act No. 14/2000 s. 9

out in accordance with the procedure

specified in a notice under sub-section (5).

(9) Evidence obtained as a result of an

assessment of drug impairment carried out
on a person is inadmissible as part of the
prosecution case in proceedings against that
person for any offence if the video-recording
of the assessment and any related material
and information should have been but has
not been destroyed as required by section

55C.

(10) In any proceeding under this Act—

(a)	the statement of any member of the police force that on a particular date he or she was authorised by the Chief Commissioner of Police under sub- section (3) to carry out an assessment of drug impairment; or
(b)	a certificate purporting to be signed by the Chief Commissioner of Police that a member of the police force named in it is authorised by the Chief Commissioner under sub-section (3) to carry out an assessment of drug impairment—

is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the

authority of that member.

55B. Blood and urine samples

(1) If a person undergoes an assessment of drug

impairment when required under section
55A to do so and the assessment, in the
opinion of the member of the police force
carrying it out, indicates that the person may
be impaired by a drug or drugs, any member

Road Safety (Amendment) Act 2000

s. 9 Act No. 14/2000

of the police force may require the person to

do either or both of the following—

(a)	allow a registered medical practitioner or an approved health professional nominated by that member to take from the person a sample of that person's blood for analysis;
(b)	practitioner or an approved health

furnish to a registered medical a sample of that person's urine for analysis—

and for that purpose may further require the
person to accompany a member of the police
force to a place where the sample is to be
taken or furnished and to remain there until
the sample has been taken or furnished or
until 3 hours after the driving, being an
occupant of or being in charge of the motor

vehicle, whichever is sooner.

(2) The registered medical practitioner or

approved health professional who takes a
sample of blood or is furnished with a
sample of urine under this section must
deliver a part of the sample to the member of
the police force who required it to be taken
or furnished and another part to the person
from whom it was taken or by whom it was

furnished.

(3) A person must not hinder or obstruct a

registered medical practitioner or an
approved health professional attempting to
take a sample of the blood, or be furnished

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Act No. 14/2000 s. 9

with a sample of the urine, of any other person in accordance with this section. Penalty: 12 penalty units.

(4) No action lies against a registered medical

practitioner or an approved health
professional in respect of anything properly
and necessarily done by the practitioner or
approved health professional in the course of
taking any sample of blood, or being
furnished with any sample of urine, which
the practitioner or approved health
professional believed on reasonable grounds
was required to be taken from, or be
furnished by, any person under this section.

(5) If the person on whom an assessment of drug

impairment was carried out is subsequently
charged with an offence under paragraph
(ba) of section 49(1), a copy of a written
report on that assessment prepared by the
member of the police force who carried it out
and containing the prescribed particulars
must be served with the summons or, if a
summons is not issued, within 7 days after
the making of the charge.

55C. Destruction of identifying information

(1) In this section, "relevant offence" means—

(a)	an offence under section 49(1)(ba) or (ea); or
(b)	any other offence arising out of the same circumstances; or
(c)	any other offence in respect of which the evidence obtained as a result of the

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s. 9	Act No. 14/2000
assessment of drug impairment has probative value.

(2) If an assessment of drug impairment has

been carried out on a person under section
55A and—

(a)	the person has not been charged with a relevant offence at the end of the period of 12 months after the assessment; or
(b)	the person has been so charged but the charge is not proceeded with or the person is not found guilty of the offence, whether on appeal or otherwise, before the end of that period—

the Chief Commissioner of Police must,
subject to sub-section (4), destroy, or cause
to be destroyed, at the time specified in sub-
section (3) any video-recording made of the
assessment and any related material and
information.

(3) A video-recording and any related material

and information referred to in sub-section (2)
must be destroyed—

(a)	in a case to which sub-section (2)(a) applies, immediately after that period of 12 months; or
(b)	in a case to which sub-section (2)(b) applies—

(i)

within 1 month after the the end of any appeal period; or

(ii)

if the proceeding has been Sentencing Act 1991, within

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Act No. 14/2000 s. 9

1 month after dismissal under that

section.

(4) A member of the police force may, before

(3)(b), apply without notice to the

the end of a period referred to in sub-section that period and, if the Court makes such an order, the reference to the period in sub- section (3) is a reference to that period as so extended.

(5) If the Magistrates' Court makes an order

under sub-section (4), it must give reasons
for its decision and cause a copy of the order
to be served on the person on whom the
assessment of drug impairment was carried
out.

(6) If a video-recording or related material and

accordance with this section, the Chief

information is required to be destroyed in on whom the assessment was carried out so requests, within 14 days after receiving the request, notify that person in writing whether the destruction has occurred.

(7) A person who knowingly—

(a) fails to destroy; or
(b) uses, or causes or permits to be used—

a video-recording or related material and information required by this section to be destroyed is guilty of an offence punishable

by a fine of not more than 120 penalty units
or to imprisonment for a term of not more
than 12 months.

(8) A person who at any time uses, or causes or permits to be used, or otherwise disseminates

Road Safety (Amendment) Act 2000

s. 10 Act No. 14/2000

information derived from any video-
recording or related material and information
required by this section to be destroyed
except in good faith for the purposes of a
relevant offence is guilty of an offence
punishable by a fine of not more than 120
penalty units or to imprisonment for a term

of not more than 12 months.'.

10. Evidentiary provisions—blood tests

(1) In section 57(1) of the Principal Act, after

paragraph (a) insert—

'(ab) "properly qualified expert" means—

(i) an approved expert; or

(ii)  a person who is considered by the court hearing the charge for the offence to have scientific qualifications, training and experience that qualifies him or her to express an opinion as to the facts and matters contained in a certificate under sub-section (4B); and'.

(2) In section 57(1) of the Principal Act, at the end of paragraph (b) insert—

'; and

(c) "approved expert" means a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified expert for the purposes of this section.'.

(3) In section 57(1)(a)(ii) of the Principal Act, for

"the opinion to which this section relates"
substitute "an opinion as to the facts and matters
contained in a certificate under sub-section (4)".

(4) In section 57(2) of the Principal Act, after "of analysis" insert "and, if a drug is present,

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Act No. 14/2000 s. 10

evidence may be given by a properly qualified
expert of the usual effect of that drug on
behaviour when consumed or used (including its
effect on a person's ability to drive properly)".

(5) In section 57 of the Principal Act, after sub- section (4) insert—

"(4A) A certificate containing the prescribed

particulars purporting to be signed by an
approved analyst as to the presence in any
sample of blood analysed by the analyst of a
substance that is, or is capable of being, a
drug for the purposes of this Act is
admissible in evidence in any proceedings
referred to in sub-section (2) and, in the
absence of evidence to the contrary, is proof

of the facts and matters contained in it.

(4B) A certificate containing the prescribed

particulars purporting to be signed by an
approved expert as to the usual effect of a
specified substance or substances on
behaviour when consumed or used
(including its effect on a person's ability to
drive properly) is admissible in evidence in
any proceedings referred to in sub-section
(2) and, in the absence of evidence to the
contrary, is proof of the facts and matters
contained in it.".

(6) In section 57(7A) of the Principal Act, after paragraph (b)(ii) insert—

"(iia) there is a reasonable possibility that the

blood referred to in a certificate given by a
registered medical practitioner or an
approved health professional had become
contaminated in such a way that a drug
found on analysis would not have been

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s. 11 Act No. 14/2000

found had the blood not been contaminated

in that way; or".

(7) In section 57(9) of the Principal Act, after

"55(9A)" insert ", 55B".

11. New section 57A inserted

After section 57 of the Principal Act insert—

'57A. Evidentiary provisions—urine tests

(1) In this section—

"approved analyst" means a person who

has been approved by Order of the
Governor in Council published in the
Government Gazette as a properly
qualified analyst for the purposes of
this section;

"approved expert" means a person who has been approved by Order of the Government Gazette as a properly qualified expert for the purposes of this section;

"properly qualified analyst" means—

(a) an approved analyst; or

(b) court hearing the charge for the
offence to have scientific
qualifications, training and

a person who is considered by the her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under sub-section (4);

"properly qualified expert" means—

(a) an approved expert; or

Road Safety (Amendment) Act 2000

Act No. 14/2000	s. 11
(b)	court hearing the charge for the offence to have scientific qualifications, training and

a person who is considered by the her to express an opinion as to the facts and matters contained in a certificate under sub-section (5).

(2) If a question as to the presence of a drug in the body of a person at any time is relevant on a hearing for an offence against section 49(1) then, without affecting the

admissibility of any evidence which might
be given apart from the provisions of this

section, evidence may be given—

(a)	of the furnishing by that person, within 3 hours after that person drove or was in charge of a motor vehicle, of a sample of urine to a registered medical practitioner or an approved health professional;
(b)	of the analysis of that sample of urine by a properly qualified analyst within twelve months after it was taken;
(c)	of the presence of a drug in that sample of urine at the time of analysis;
(d)	by a properly qualified expert of the usual effect of that drug on behaviour when consumed or used (including its effect on a person's ability to drive properly).

(3) A certificate containing the prescribed particulars purporting to be signed by a registered medical practitioner or an

approved health professional is admissible in
evidence in any hearing referred to in sub-

Road Safety (Amendment) Act 2000

s. 11 Act No. 14/2000

section (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.

(4) A certificate containing the prescribed

particulars purporting to be signed by an
approved analyst as to the presence in any
sample of urine analysed by the analyst of a
substance that is, or is capable of being, a
drug for the purposes of this Act is
admissible in evidence in any hearing
referred to in sub-section (2) and, in the
absence of evidence to the contrary, is proof

of the facts and matters contained in it.

(5) A certificate containing the prescribed

particulars purporting to be signed by an
approved expert as to the usual effect of a
specified substance or substances on
behaviour when consumed or used
(including its effect on a person's ability to
drive properly) is admissible in evidence in
any hearing referred to in sub-section (2)
and, in the absence of evidence to the
contrary, is proof of the facts and matters
contained in it.

(6) A certificate given under this section must not be tendered in evidence at a hearing referred to in sub-section (2) without the consent of the accused unless a copy of the

certificate is proved to have been personally
served on the accused more than 10 days
before the day on which the certificate is
tendered in evidence.

(7) An affidavit or statutory declaration by the person who has personally served a copy of the certificate on the accused is admissible in

evidence at a hearing referred to in sub-
section (2) and, as to the service of the copy,

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 11

is proof, in the absence of evidence to the
contrary, of the facts and matters deposed to
in the affidavit or stated in the statutory
declaration.

(8) An accused who has been served with a copy of a certificate given under this section may, with the leave of the court and not otherwise, require the person who has given the

certificate or any person employed, or
engaged to provide services at, the place at
which the sample of urine was furnished, to
attend at all subsequent proceedings for
cross-examination and that person must
attend accordingly.

(9) The court must not grant leave under sub- section (8) unless it is satisfied—

(a) least 7 days' notice of the hearing of the

that the informant has been given at given an opportunity to make a submission to the court; and

(b) that—

(i)

there is a reasonable possibility certificate given by an analyst under sub-section (4) was not that of the accused; or

(ii) that the urine referred to in a
certificate given by a registered
medical practitioner or an
approved health professional had

there is a reasonable possibility way that a drug found on analysis would not have been found had

Road Safety (Amendment) Act 2000

s. 12 Act No. 14/2000

the urine not been contaminated in

that way; or

(iii) of evidence by the person who
gave the certificate would

for some other reason the giving ascertain relevant facts.

(10) An accused who has been served with a copy

of a certificate given under this section may
not require the person who has given the
certificate or any person employed, or
engaged to provide services at, the place at
which the sample of urine was furnished, to
attend the court on the hearing of an
application for leave under sub-section (8).'.

12. Power to enter motor vehicles

In section 63 of the Principal Act, for "or 55" substitute ", 55 or 55A".

13. New section 94B inserted

After section 94A of the Principal Act insert—

"94B. Supreme Court—limitation of jurisdiction It is the intention of section 55B(4) to alter or vary section 85 of the Constitution Act 1975.".

14. Disallowance of Order and notice

In section 96(1) of the Principal Act—

(a)	after paragraph (a) insert— "(ab) an Order under section 3(3);".
(b)	after paragraph (c) insert— "(ca) a notice under section 55A(5);".

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 15

15. Regulations

(1) In item 52 of Schedule 2 to the Principal Act, after "blood samples" insert "or urine samples".

(2) After item 55 of Schedule 2 to the Principal Act

insert—

"55A. The methods to be used by analysts in determining the presence of a substance in a blood or urine sample.".

(3) In items 56 and 57 of Schedule 2 to the Principal Act, after "blood" insert "or urine".

_______________
Road Safety (Amendment) Act 2000

s. 16 Act No. 14/2000

PART 3—OTHER AMENDMENTS TO ROAD SAFETY

ACT 1986

16. Definitions

In section 3(1) of the Principal Act, in the
definition of "parking infringement", paragraph

(b) is repealed.

17. Approved health professionals to take blood samples

(1) In section 55(9A), (9D) and (10) of the Principal

Act, after "practitioner" (wherever occurring)
insert "or an approved health professional".

(2) In section 55(9B) of the Principal Act, after

"practitioner" insert "or approved health
professional".

(3) In section 55(9E) of the Principal Act—

(a)	after "practitioner" (where first occurring) insert "or an approved health professional";
(b)

after "practitioner" (where secondly and professional".

(4) In section 57(2), (3) and (7A)(b)(ii) of the

Principal Act, after "practitioner" (wherever
occurring) insert "or an approved health

professional".

(5) In section 57(8) of the Principal Act—

(a)	after "practitioner" (where first occurring) insert "or an approved health professional";
(b)	after "practitioner" (where secondly occurring) insert "or approved health professional".

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 18

(6) In section 94A of the Principal Act, at the end of

the section insert—
"(2) It is the intention of sections 55(9E) and

57(8), as amended by section 17 of the Road
Safety (Amendment) Act 2000, to alter or
vary section 85 of the Constitution Act
1975.".

(7) In item 52 of Schedule 2 to the Principal Act, after

"practitioners" insert "and approved health
professionals".

18. Taking of blood samples

In section 55(9A) of the Principal Act, after paragraph (b) insert—

"—
and for that purpose may further require that
person to accompany a member of the police
force to a place where the sample is to be
taken and to remain there until the sample
has been taken or until 3 hours after the
driving, being an occupant of or being in
charge of the motor vehicle, whichever is

sooner.".

19. Power to prosecute

(1) In section 77(2) of the Principal Act, after

paragraph (a) insert—
"(ab) a protective services officer appointed under

Part VIA of the Police Regulation Act 1958, if the offence occurs on land or premises that are, or are in the vicinity of—

(i)  a place of public importance that the officer has been directed to protect; or

(ii)  a place where there is present a person holding an official or public office,

Road Safety (Amendment) Act 2000

s. 20	Act No. 14/2000
whom the officer has been directed to protect;".

(2) In section 77(3) of the Principal Act—

(a)	after "Infrastructure" insert "or a protective services officer"; and
(b)	after "Department" (where secondly occurring) insert "or protective services officer".

20.  Certain matters indicated by camera devices and speed camera devices

(1) In sections 80(b) and 81(b) of the Principal Act, after "section 66" (wherever occurring) insert "or by a prescribed process".

(2) In section 80A of the Principal Act, after "section 66" (where secondly occurring) insert ", or by a prescribed process,".

21. General evidentiary provisions

In section 84(3) of the Principal Act, for "the owner" substitute ", if that date is before 1 May 1999, the owner and in any other case the registered operator".

22. Service of parking infringement notices

In section 87 of the Principal Act, for sub-section
(4) substitute—

"(4) Despite sub-section (3), a municipal council

may by resolution fix a penalty of an amount
not greater than $50 for a parking
infringement in contravention of a regulation
under this Act in respect of which
regulations under this Act prescribe a
penalty of an amount not greater than the
penalty to be fixed, and the penalty so fixed
is the penalty prescribed for the purposes of
this section in respect of such a parking

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 23

infringement occurring within the municipal

district of that municipal council.".

23. Service of notices

In section 93 of the Principal Act, after paragraph (c) insert—

"; or

(d) if the person has given to the Corporation as his or her address an address that is not his or her place of residence or business, by sending it addressed to the person at that address.".

24. New sections 104 and 105 inserted

After section 103 of the Principal Act insert—

"104. Validation of certain resolutions fixing higher penalties for parking infringements

(1) A resolution purported to be made by a

municipal council under section 87(4) on or
after 1 October 1992, but before the
commencement of section 22 of the Road
Safety (Amendment) Act 2000, fixing a
penalty of an amount not greater than $50 for
a parking infringement in contravention of
the Road Safety (Traffic) Regulations 1988
that would have validly fixed the amount had
section 22 of that Act been in operation at
the time the resolution was purportedly made
is, on that commencement, deemed to have,
and always to have had, the same force and
effect as it would have had if section 22 of
that Act had been in operation at the time the
resolution was purportedly made.

Road Safety (Amendment) Act 2000

s. 24 Act No. 14/2000

(2) A resolution purported to be made by a

municipal council under section 87(4) on or penalty of an amount not greater than $50 for a parking infringement in contravention of the Road Safety (Road Rules) Regulations 1999 that would have validly fixed the amount had section 22 of that Act been in operation at the time the resolution was purportedly made is, on that commencement, deemed to have, and always to have had, the same force and effect as it would have had if section 22 of that Act had been in operation at the time the resolution was purportedly made.

after 1 December 1999, but before the
commencement of section 22 of the Road

105.  Certain local laws to have force and effect despite inconsistency with regulations

(1) This section applies to a local law with

respect to the parking or leaving standing of

a vehicle on a highway—

(a)	made by a municipal council before the commencement of section 24 of the Road Safety (Amendment) Act 2000; and
(b)	that was in force on 1 October 1992 or at any time after 1 October 1992, (whether or not in force immediately before that commencement); and
(c)	for which the municipal council has passed before that commencement a resolution under section 87(4) fixing a

penalty of an amount not greater than $50 for a parking infringement under that local law—

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 25

to the extent that the local law relates to the parking or leaving standing of a vehicle on a highway at any time before that

commencement.

(2) Section 100 of this Act, or section 111(2)

and (3) of the Local Government Act 1989,
is deemed not to cause, and never to have
caused, a provision made by a local law to be
of no force and effect only because the
provision is inconsistent with the Road
Safety (Traffic) Regulations 1988 or the
Road Safety (Road Rules) Regulations
1999.".

25. Subject matter for regulations

In Schedule 2 to the Principal Act—

(a) after item 37 insert—

"37A. Prohibiting employers of drivers, other

employees of those employers, consignors of
goods and other persons from requiring,
requesting or permitting drivers to drive motor
vehicles, or a class or classes of motor vehicles,

in contravention of regulations relating to—

(a)	the number of hours during which the motor vehicle may be driven; or
(b)	the carrying of a log book on the motor vehicle and trailer; or
(c)	the maximum speed for the motor vehicle.";

(b) after item 39 insert—

"39A. The manner in which images or messages

produced by devices referred to in item 39 are to
be processed, stored, transferred, produced, re-
configured or used to produce other forms of
images or messages.";

Road Safety (Amendment) Act 2000

s. 26 Act No. 14/2000

(c) after item 49A insert—

"49B. The use of detection devices to detect offences committed against the Act, or regulations made with respect to the regulation and control of

vehicular traffic on highways.

49C. The manner in which images or messages

produced by detection devices referred to in
item 49B are to be processed, stored,
transferred, produced, re-configured or used to

produce other forms of images or messages.".

26. Statute law revision

(1) In section 3(1) of the Principal Act, in the

definition of "traffic infringement", paragraph (f)
is repealed.

(2) In section 84A of the Principal Act, for "Liquor Control Act 1987" substitute "Liquor Control Reform Act 1998".

_______________
Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 27

PART 4—AMENDMENT OF OTHER ACTS

Division 1—Marine Act 1988

27. Approved health professionals to take blood samples

(1) In section 3(1) of the Marine Act 1988, insert the following definitions—

' "approved health professional" means— No. 52/1988. Reprint No. 3

(a) a registered nurse, within the meaning of the Nurses Act 1993, registered in	as at
4 February
1999. Further
division 1 of the register kept under that	amended by
No. 28/1999.
Act;

(b) a person approved under sub-section (4) to take a blood sample for the purposes of Part 4;

"Director of the Victorian Institute of Forensic

Medicine" means the Director within the meaning of the Coroners Act 1985;'.

(2) In section 3 of the Marine Act 1988, after sub-

section (3) insert—
"(4) The Director of the Victorian Institute of

Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of Part 4 if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take such samples.".

(3) In section 31(9A), (9D) and (10) of the Marine

Act 1988, after "practitioner" insert "or an approved health professional".

(4) In section 31(9B) of the Marine Act 1988, after

"practitioner" insert "or approved health
professional".

Road Safety (Amendment) Act 2000

s. 28 Act No. 14/2000

(5) In section 31(9E) of the Marine Act 1988—

(a)	after "practitioner" (where first occurring) insert "or an approved health professional";
(b)

after "practitioner" (where secondly and professional".

(6) In section 32(2)(c), (3) and (8)(b)(ii) of the

Marine Act 1988, after "practitioner" insert "or an approved health professional".

(7) In section 32(9) of the Marine Act 1988—

(a)	after "practitioner" (where first occurring) insert "or an approved health professional";
(b)	after "practitioner" (where secondly occurring) insert "or approved health professional".

28. Taking of blood samples

In section 31(9A) of the Marine Act 1988, after paragraph (b) insert—

"—
and for that purpose may further require that
person to accompany a member of the police
force to a place where the sample is to be
taken and to remain there until the sample
has been taken or until 3 hours after being in
charge of or being an occupant of a vessel

under way, whichever is sooner.".

29. New section 107C inserted

After section 107B of the Marine Act 1988 insert—

"107C. Supreme Court—limitation of jurisdiction

It is the intention of sections 31(9E) and
32(9), as amended by section 27 of the Road

Road Safety (Amendment) Act 2000

Act No. 14/2000 s. 30

Safety (Amendment) Act 2000, to alter or
vary section 85 of the Constitution Act

1975.".

30. Regulations

In item 62C of Schedule 5 to the Marine Act
1988, after "practitioners" insert "and approved

health professionals".

Division 2—Transport Act 1983

31. Approved health professionals to take blood samples

(1) In section 93(1) of the Transport Act 1983 insert the following definitions—

' "approved health professional" means— No. 9921.
Reprint No. 6

(a)	a registered nurse, within the meaning	as at 1 July 1998. Further
of the Nurses Act 1993, registered in	amended by
division 1 of the register kept under that	Nos 52/1998,
85/1998,
Act;	98/1998, 99/1998,

(b) a person approved under sub-section (1A) to take a blood sample for the	102/1998, 6/1999,
45/1999 and

purposes of this Division; 63/1999.

"Director of the Victorian Institute of Forensic

Medicine" means the Director within the meaning of the Coroners Act 1985;'.

(2) In section 93 of the Transport Act 1983, after sub-section (1) insert—

"(1A) The Director of the Victorian Institute of

Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of this Division if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take such samples.".

Road Safety (Amendment) Act 2000

s. 32 Act No. 14/2000

(3) In section 96(8), (11) and (13) of the Transport

Act 1983, after "practitioner" insert "or an approved health professional".

(4) In section 96(9) of the Transport Act 1983, after

"practitioner" insert "or approved health
professional".

(5) In section 96(12) of the Transport Act 1983—

(a)	after "practitioner" (where first occurring) insert "or an approved health professional";
(b)	after "the practitioner" (where secondly and thirdly occurring) insert "or approved health professional".

(6) In section 98(2), (3) and (8)(b)(ii) of the

Transport Act 1983, after "practitioner" insert

"or an approved health professional".

(7) In section 98(10) of the Transport Act 1983—

(a)	after "practitioner" (where first occurring) insert "or an approved health professional";
(b)	after "practitioner" (where secondly occurring) insert "or approved health professional".

32. Taking of blood samples

In section 96(8) of the Transport Act 1983, after paragraph (b) insert—

"—
and for that purpose may further require that
worker to accompany an authorised officer
or a member of the police force to a place
where the sample is to be taken and to
remain there until the sample has been taken
or until 3 hours after the carrying out of the

safety work, whichever is sooner.".

33. Regulations

Road Safety (Amendment) Act 2000
Act No. 14/2000

In section 102(1)(c) of the Transport Act 1983, after "practitioners" insert "and approved health professionals".

34. New section 255C inserted

After section 255B of the Transport Act 1983 insert—

"255C. Supreme Court—limitation of jurisdiction

It is the intention of sections 96(12) and 98(10), as amended by section 31 of the Road Safety (Amendment) Act 2000, to

alter or vary section 85 of the Constitution

Act 1975.".

Division 3—Road Safety Act Amending Acts

35. Road Safety (Further Amendment) Act 1998

In section 7 of the Road Safety (Further	No. 73/1998.
Amendment) Act 1998, for "After section 95B" substitute "Before section 96".

36. Repeal of certain unproclaimed amendments

(1) Sections 14, 15(1), (2), (3), (6), (11) and (12) and

16 of the Road Safety (Amendment) Act 1990
are repealed.

No. 5/1990.

(2) Sections 4(1)(a) and (c) and 19 of the Road Safety (Drivers) Act 1991 are repealed.

No. 19/1991.

═══════════════
Road Safety (Amendment) Act 2000

Notes Act No. 14/2000

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 March 2000

Legislative Council: 11 April 2000

The long title for the Bill for this Act was "to amend the Road Safety Act
1986, the Road Safety (Amendment) Act 1990, the Road Safety
(Drivers) Act 1991, the Road Safety (Further Amendment) Act 1998,

the Marine Act 1988, the Transport Act 1983 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 16 March 2000

Legislative Council: 11 April 2000

Absolute majorities:

Legislative Assembly: 5 April 2000 and 6 April 2000

Legislative Council: 12 April 2000