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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRANSPORT (ALCOHOL AND DRUGS) LEGISLATION AMENDMENT BILL 2011

2011

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Transport)

Road Transport (Alcohol and Drugs) Legislation Amendment Bill 2011



Contents

Page













































































2011

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Transport)

Road Transport (Alcohol and Drugs) Legislation Amendment Bill 2011



A Bill for

An Act to amend legislation about driving under the influence of alcohol and drugs, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

Crimes Act 1900

Road Transport (Alcohol and Drugs) Act 1977

Road Transport (Driver Licensing) Regulation 2000

Road Transport (General) Act 1999

Road Transport (Offences) Regulation 2005

Spent Convictions Act 2000.

Part 2 Crimes Act 1900

4 Power to enter premises to arrest offender

Section 220 (4), definition of relevant offence, paragraph (b) (iv)

omit

Driving with prescribed drug in oral fluid or blood

substitute

Prescribed drug in oral fluid or blood––driver or driver trainer

Part 3 Road Transport (Alcohol and Drugs) Act 1977

5 Meaning of public place

Section 4A

omit

6 Meaning of special driver

Section 4B (1) (a)

substitute

(a) the person is not the holder of an Australian driver licence, an external territory driver licence or a foreign driver licence from a recognised country; or

(aa) the person holds a foreign driver licence that––

(i) is not issued under the law of a recognised country; or

(ii) if the licence is issued under the law of a recognised country––is a licence that corresponds to a licence mentioned in paragraph (d); or

7 Section 4B (3), new definitions

insert

Austroads––see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

recognised country––see the Road Transport (Driver Licensing) Regulation 2000, section 141.

8 New section 4BA

insert

4BA Meaning of driver trainer

For this Act, driver trainer means a person mentioned in section 4B (1) (h), (i) or (j).

9 Section 8

substitute

8 Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer

(1) A police officer may require a person to undergo an alcohol screening test in accordance with the directions of that officer if—

(a) the person is––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area; or

(b) the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area.

(2) Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo an alcohol screening test.

10 Section 9 heading

substitute

9 Power to require alcohol screening test if vehicle involved in accident––driver

11 New section 9A

insert

9A Power to require alcohol screening test if vehicle involved in accident––driver trainer

If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo an alcohol screening test in accordance with the directions of that officer—

(a) if the police officer has reasonable cause to suspect that the person was the driver trainer in the motor vehicle at the time of the accident; or

(b) if—

(i) the police officer does not know or has doubt as to who was the driver trainer in the motor vehicle at the time of the accident; and

(ii) the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

12 Section 10 heading

substitute

10 Power to require alcohol screening test for culpable driving––driver and driver trainer

13 New section 10 (2)

insert

(2) A police officer who has reasonable cause to suspect that a person was the driver trainer in a motor vehicle involved in an offence of culpable driving may require the person to undergo an alcohol screening test in accordance with the directions of that officer.

14 Detention for breath analysis

Section 11 (1) (a) and (b)

after

section 9

insert

, section 9A

15 Breath analysis

Section 12 (5), new example

insert

Example––written statement

a print-out from the breath analysis instrument

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

16 Section 13A

substitute

13A Power to require drug screening test if vehicle not involved in accident––driver and driver trainer

(1) A police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer if—

(a) the person is––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area; or

(b) the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area.

(2) The person must remain at the place where the drug screening test is being carried out until the test is completed in accordance with the police officer’s directions.

(3) Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo a drug screening test.

17 Section 13B heading

substitute

13B Power to require drug screening test if vehicle involved in accident––driver

18 New section 13BA

insert

13BA Power to require drug screening test if vehicle involved in accident––driver trainer

(1) If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer—

(a) if the police officer has reasonable cause to suspect that the person was the driver trainer in the motor vehicle at the time of the accident; or

(b) if—

(i) the police officer does not know or has doubt as to who was the driver trainer in the motor vehicle at the time of the accident; and

(ii) the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.

(2) The person must remain at the place where the drug screening test is being carried out until the test is completed in accordance with the police officer’s directions.

19 Section 13C heading

substitute

13C Power to require drug screening test for culpable driving—driver and driver trainer

20 New section 13C (1A)

insert

(1A) A police officer who has reasonable cause to suspect that a person was the driver trainer in a motor vehicle involved in an offence of culpable driving may require the person to undergo 1 or more drug screening tests in accordance with the directions of that officer.

21 Detention for oral fluid analysis

Section 13D (1) (a) and (b)

after

section 13B

insert

, section 13BA

22 Oral fluid––preliminary analysis

Section 13E (6), new example

insert

Example––written statement

a print-out from the oral fluid analysis instrument

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

23 New section 13H

in division 2.5, insert

13H Oral fluid analysis statement

(1) As soon as practicable after an analysis of a sample of a person’s oral fluid is carried out under section 13G, the chief police officer must ensure the person is given a written statement that includes the following information:

(a) the date and the time the oral fluid sample was taken;

(b) the unique identifying number on the tamper-evident seal;

(c) the result of the analysis;

(d) the address where the preserved part of the oral fluid sample is being held;

(e) that the person will be notified, in writing, of a request (if any) by the DPP under section 16C (Keeping of samples—request by DPP);

(f) that the person may, before the end of the period mentioned in section 13G (4) (b), ask the analyst to send the preserved part of the oral fluid sample to a laboratory nominated by the person, at the person’s expense.

(2) In this section:

preserved part—see section 13G (4).

24 Restrictions on tests etc under this part

Section 14 (1)

omit

, and a police officer must not begin or continue an analysis under section 12 or section 13E

25 Section 14 (1) (b)

after

vehicle

insert

or the driver trainer in the motor vehicle

26 Section 14 (3) (c) (i) to (iii)

substitute

(i) unless the person was, or the officer has reasonable cause to suspect that the person was, the driver of or driver trainer in a motor vehicle when it was involved in an accident on a road or road related area; or

(ii) unless the officer has reasonable cause to suspect that the person has committed, or was the driver trainer during the commission of, an offence of culpable driving; or

(iii) unless the requirement is made immediately after a motor vehicle driven by the person, or in which the person was a driver trainer, has stopped at or near the place where the person usually lives and the officer making the requirement has followed the motor vehicle while it was being driven on the road.

27 Taking blood samples from people in custody

Section 15 (1)

after

a hospital

insert

or sampling facility

28 Section 15 (4)

after 1st mention of

hospital

insert

or at the sampling facility

29 Section 15 (4)

after last mention of

hospital

insert

or at the facility

30 Taking blood samples from people in hospital

Section 15AA (1) (c) (i)

after

driver

insert

or driver trainer

31 Medical examination—offence against s 24 or culpable driving

Section 16 (1)

substitute

(1) This section applies to a person who has been––

(a) required to undergo––

(i) an alcohol screening test, or to provide a sample of the person’s breath for analysis under section 12 (Breath analysis); or

(ii) if it is practicable to do so––a drug screening test, or to provide a sample of the person’s oral fluid for analysis under section 13E (Oral fluid––preliminary analysis); and

Examples––impracticability

1 drug screening device not readily available

2 drug screening test or oral fluid analysis cannot be conducted before time limits for testing the person expire

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(b) arrested on reasonable suspicion of having committed an offence against section 24 (Driving under the influence of intoxicating liquor or a drug) or an offence of culpable driving.

Examples––reasonable suspicion

1 the way the person was driving

2 the way the person is behaving

3 a breath analysis the person was required to undergo indicates that a prescribed concentration of alcohol is present in the person’s breath

32 Section 16 (2)

omit

(other than a prescribed drug)

insert

, including a prescribed drug

33 Section 16 (3)

after

a hospital

insert

or sampling facility

34 Section 16 (4) to (6)

after

hospital

insert

or the sampling facility

35 Analysis of body samples

Section 16A (2) (a) and (b)

omit

(other than a prescribed drug)

insert

, including a prescribed drug

36 Keeping of samples––request by DPP

Section 16C (1) (a)

omit

a blood or a body sample

substitute

a blood, an oral fluid or other body sample

37 Section 16C (1) (b) (ii)

after

under

insert

section 13G (6) (Oral fluid––confirmatory analysis),

38 Section 16C (4), definition of preserved part, new paragraph (aa)

before paragraph (a), insert

(aa) in relation to an oral fluid sample–– see section 13G (4); or

39 Section 16C (4), definition of preserved part, paragraph (b)

substitute

(b) in relation to a body sample (other than an oral fluid sample)—see section 16A (3).

40 Destruction of samples

Section 16D (1)

after

under

insert

section 13G (4) (Oral fluid––confirmatory analysis),

41 Section 16D (2)

after

under

insert

section 13G (4) (b),

42 New division 2.8

after section 18B, insert

Division 2.8 Search and seizure

18C Power to search person in custody

(1) A police officer may search a person who is taken into custody under the following sections and may take possession of anything found in the person’s possession:

(a) section 11 (Detention for breath analysis);

(b) section 13D (Detention for oral fluid analysis);

(c) section 15 (Taking blood samples from people in custody).

(2) For the purposes of the search, the officer may request the assistance of another police officer of the same sex as the person being searched.

(3) A person is entitled to the return of anything taken from the person under subsection (1) when the person ceases to be in custody, other than––

(a) a seizable item; or

(b) an item that may otherwise be seized or retained under another territory law.

(4) In this section:

search means a search of a person or of anything in the person’s possession, and may include––

(a) requiring the person to remove only the person’s overcoat, coat, jacket or a similar article of clothing and any footwear, gloves or headwear; and

(b) an examination of them.

seizable item means a seizable item under the Crimes Act 1900, part 10.

Note A seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody (see Crimes Act 1900, pt 10).

43 Prescribed concentration of alcohol in blood or breath

Section 19 (1) (a)

substitute

(a) has been––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area; and

44 Section 19 (5), definition of relevant period

after

vehicle

insert

or the driver trainer in the vehicle

45 Defence if person did not intend to drive motor vehicle

Section 19A

omit

public street in a public place

substitute

road or road related area

46 Defence if special driver with lower concentration of alcohol from allowable source

Section 19B (1) (b)

omit

not more than

substitute

less than

47 Section 20 heading

substitute

20 Prescribed drug in oral fluid or blood––driver or driver trainer

48 Section 20 (1)

substitute

(1) A person commits an offence if the person—

(a) has been––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area; and

(b) has, within the relevant period, a prescribed drug in the person’s oral fluid or blood.

Maximum penalty:

(a) for an offence by a first offender––10 penalty units; and

(b) for an offence by a repeat offender––

(i) if the offender is the driver—25 penalty units, imprisonment for 3 months or both; and

(ii) if the offender is the driver trainer—20 penalty units.

49 Section 20 (4), definition of relevant period

after

vehicle

insert

or the driver trainer in the vehicle

50 Refusing to provide breath sample

Section 22 (a)

substitute

(a) has been––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area; and

51 Refusing to provide oral fluid sample

Section 22A (1) (a)

substitute

(a) has been––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area; and

52 Failing to stay for drug screening test

Section 22B (1), note 1

after

13B

insert

, s 13BA

53 Refusing blood test etc

Section 23 (1) (a)

substitute

(a) has been––

(i) the driver of a motor vehicle on a road or road related area; or

(ii) the driver trainer in a motor vehicle on a road or road related area; and

54 Driver etc intoxicated

Section 24A (1)

omit

public street

substitute

road

55 Fines and imprisonment––s 19 offences

New section 26 (3)

insert

(3) However, if the special driver convicted of an offence against section 19 (1) is a driver trainer, the person is not punishable by a penalty of imprisonment.

56 Automatic driver licence disqualification––first offenders, s 19

Section 32 (2)

after

special driver

insert

, other than a driver trainer,

57 Automatic driver licence disqualification––repeat offenders, s 19

Section 33 (2)

after

special driver

insert

, other than a driver trainer,

58 Automatic driver licence disqualification––offences other than s 19

Section 34 (1) and (2)

after

offender

insert

, other than a driver trainer,

59 Evidentiary certificates––drug-related tests

Section 41AA (4) (a)

after

nurse

insert

practitioner

60 Evidentiary certificate––blood sample not taken

Section 41AC (b)

after

hospital

insert

or sampling facility

61 Evidence for insurance purposes

Section 41A (1) (i)

substitute

(i) evidence that a statement was given to the person under section 13H (Oral fluid analysis statement), section 15B (Blood analysis statement) or section 16B (Body sample statement);

62 Section 41A (1) (j)

substitute

(j) evidence of the contents of a statement given under section 13H, section 15B, or section 16B;

63 Section 41A (2)

before

section 15B

insert

section 13H,

64 Section 41A (5), definition of relevant offence, paragraph (b)

omit

Driving with prescribed drug in oral fluid or blood

substitute

Prescribed drug in oral fluid or blood––driver or driver trainer

65 When police officer may move person’s motor vehicle

Section 48 (1) (b)

after

section 11,

insert

section 13D,

66 Regulation-making power

New section 51 (2)

after the note, insert

(2) The Executive may also make regulations under this Act, prescribing other areas that are road related areas for the purposes of this Act.

67 Dictionary, note 3

insert

• road

• road related area

68 Dictionary, definition of disqualifying offence, paragraph (b)

omit

Driving with prescribed drug in oral fluid or blood

substitute

Prescribed drug in oral fluid or blood––driver or driver trainer

69 Dictionary, new definitions

insert

driver trainer––see section 4BA.

external territory driver licence––see the Road Transport (Driver Licensing) Act 1999, dictionary.

70 Dictionary, definitions of public place and public street

omit

71 Dictionary, new definition of sampling facility

insert

sampling facility means a facility prescribed by regulation to which a person may be taken for the purpose of having a blood sample taken by a doctor or nurse for analysis under part 2 (Examination of people for alcohol or drugs).

Examples––sampling facility

1 a police station

2 a police vehicle equipped for the purpose of taking blood samples

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

72 Further amendments, mentions of public street or in a public place

omit

public street or in a public place

substitute

road or road related area

in

• section 9

• section 13B

• section 18A, definition of accident

• section 24

• dictionary, definition of accident

Part 4 Road Transport (Driver Licensing) Regulation 2000

73 Meaning of required medical standards

Section 15 (1)

omit

Incorporated

74 Eligibility requirements for licence classes

Section 28 (3) (c) except note

substitute

(c) a foreign driver licence issued under the law of a recognised country that corresponds to that class or a higher class.

75 Provisional licence requirement for motorcycle licences

Section 29 (3) (c)

substitute

(c) a foreign driver licence issued under the law of a recognised country corresponding to a full motorcycle licence.

76 Provisional licence requirement for car licences etc

Section 30 (3) (c)

substitute

(c) a foreign driver licence issued under the law of a recognised country corresponding to an Australian driver licence of the class applied for or a higher class.

77 Working out period a class or kind of licence has been held

Section 68

omit

external driver licence

substitute

external territory driver licence or a foreign driver licence issued under the law of a recognised country

78 New section 141

insert

141 Meaning of recognised country

(1) For this regulation, a recognised country, in relation to a foreign driver licence, means a country listed as a recognised country by Austroads and published on its website from time to time.

Note The list of recognised countries is available at www.austroads.com.au/overseas.html

(2) The Legislation Act, section 47 (6) does not apply to the list of recognised countries.

79 Dictionary, new definitions

insert

Austroads means Austroads Ltd ABN 16 245 787 323.

recognised country, in relation to a foreign driver licence—see section 141.

Part 5 Road Transport (General) Act 1999

80 Definitions—div 4.2

Section 61A, new definition of driver trainer

insert

driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.

81 Section 61A, definition of immediate suspension offence (or suspension offence), paragraph (a) (i)

after

driver

insert

, other than a driver trainer,

82 Dictionary, new definition of driver trainer

insert

driver trainer, for division 4.2 (Licence suspension, disqualification and related matters)––see section 61A.

Part 6 Road Transport (Offences) Regulation 2005

83 Schedule 1 heading

substitute

Schedule 1 Short descriptions, penalties and demerit points

(see ss 5, 6, 8, 17 and 18)

84 Schedule 1, part 1.3, items 3 and 4, column 3

after

doctor

insert

/authorised nurse practitioner

85 Schedule 1, part 1.3, items 6 to 19

substitute

6
19 (1)








6.1
• special driver, level 1, first offender
special driver drive motor vehicle on road/related area with level 1 or more alcohol in blood—first offender
5




6.2
• special driver, level 1, repeat offender
special driver drive motor vehicle on road/related area with level 1 or more alcohol in blood—repeat offender
10




6.3
• special driver, level 2, first offender
special driver drive/driver trainer in motor vehicle on road/related area with level 2 or more alcohol in blood—first offender
5




6.4
• special driver,level 2, repeat offender
special driver drive/driver trainer in motor vehicle on road/related area with level 2 or more alcohol in blood—repeat offender
10




6.5
• special driver, level 3, first offender—driver
special driver drive motor vehicle on road/related area with level 3 or more alcohol in blood—first offender
10 pu/6 months prison/both




6.6
• special driver, level 3, first offender—driver trainer
driver trainer in motor vehicle on road/related area with level 3 or more alcohol in blood—first offender
10




6.7
• special driver, level 3, repeat offender—driver
special driver drive motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender
10 pu/6 months prison/both




6.8
• special driver, level 3, repeat offender—driver trainer
driver trainer in motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender
10




6.9
• special driver, level 4, first offender—driver
special driver drive motor vehicle on road/related area with level 4 or more alcohol in blood—first offender
15 pu/9 months prison/both




6.10
• special driver, level 4, first offender—driver trainer
driver trainer in motor vehicle on road/related area with level 4 or more alcohol in blood—first offender
15




6.11
• special driver, level 4, repeat offender—driver
special driver drive motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender
20 pu/12 months prison/both




6.12
• special driver, level 4, repeat offender—driver trainer
driver trainer in motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender
20




6.13
• person other than special driver, level 1, first offender
drive motor vehicle on road/related area with level 1 or more alcohol in blood—first offender
5




6.14
• person other than special driver, level 1, repeat offender
drive motor vehicle on road/related area with level 1 or more alcohol in blood—repeat offender
10




6.15
• person other than special driver, level 2, first offender
drive motor vehicle on road/related area with level 2 or more alcohol in blood—first offender
5




6.16
• person other than special driver, level 2, repeat offender
drive motor vehicle on road/related area with level 2 or more alcohol in blood—repeat offender
10




6.17
• person other than special driver, level 3, first offender
drive motor vehicle on road/related area with level 3 or more alcohol in blood—first offender
10 pu/6 months prison/both




6.18
• person other than special driver, level 3, repeat offender
drive motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender
10 pu/6 months prison/both




6.19
• person other than special driver, level 4, first offender
drive motor vehicle on road/related area with level 4 or more alcohol in blood—first offender
15 pu/9 months prison/both




6.20
• person other than special driver, level 4, repeat offender
drive motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender
20 pu/12 months prison/both




7
7.1
20 (1)
• first offender
driver/driver trainer in motor vehicle on road/related area with prescribed drug in oral fluid or blood—first offender
10




7.2
• repeat offender—driver
driver of motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender
25 pu/3 months prison/both




7.3
• repeat offender—driver trainer
driver trainer in motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender
20




8
22 (c)








8.1
• first offender—driver
refuse to provide breath sample—first offender
30 pu/6 months prison/both




8.2
• first offender—driver trainer
refuse to provide breath sample—first offender
30 pu/6 months prison/both




8.3
• repeat offender—driver
refuse to provide breath sample—repeat offender
30 pu/12 months prison/both




8.4
• repeat offender—driver trainer
refuse to provide breath sample—repeat offender
30 pu/12 months prison/both




9
22 (d)








9.1
• first offender—driver
fail/refuse to provide breath sample as directed by police officer—first offender
30 pu/6 months prison/both




9.2
• first offender—driver trainer
fail/refuse to provide breath sample as directed by police officer—first offender
30 pu/6 months prison/both




9.3
• repeat offender—driver
fail/refuse to provide breath sample as directed by police officer—repeat offender
30 pu/12 months prison/both




9.4
• repeat offender—driver trainer
fail/refuse to provide breath sample as directed by police officer—repeat offender
30 pu/ 12 months prison/both




10
22A (2) (a)








10.1
• first offender—driver
refuse to provide sample of oral fluid for analysis—first offender
30 pu/6 months prison/both




10.2
• first offender—driver trainer
refuse to provide sample of oral fluid for analysis—first offender
30 pu/6 months prison/both




10.3
• repeat offender —driver
refuse to provide sample of oral fluid for analysis—repeat offender
30 pu/12 months prison/both




10.4
• repeat offender—driver trainer
refuse to provide sample of oral fluid for analysis—repeat offender
30 pu/12 months prison/both




11
22A (2) (b)








11.1
• first offender—driver
fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender
30 pu/6 months prison/both




11.2
• first offender —driver trainer
fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender
30 pu/6 months prison/both




11.3
• repeat offender—driver
fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender
30 pu/12 months prison/both




11.4
• repeat offender—driver trainer
fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender
30 pu/12 months prison/both




12
22Β
fail to stay for drug screening test
20




13
23 (1)








13.1
• first offender—driver
fail/refuse to permit blood sample to be taken—first offender
30 pu/6 months prison/both




13.2
• first offender—driver trainer
fail/refuse to permit blood sample to be taken—first offender
30 pu/6 months prison/both




13.3
• repeat offender—driver
fail/refuse to permit blood sample to be taken—repeat offender
30 pu/12 months prison/both




13.4
• repeat offender—driver trainer
fail/refuse to permit blood sample to be taken—repeat offender
30 pu/12 months prison/both




14
23 (2)








14.1
• first offender—driver
behave in manner so impossible/impractical for blood sample to be taken—first offender
30 pu/6 months prison/both




14.2
• first offender—driver trainer
behave in manner so impossible/impractical for blood sample to be taken—first offender
30 pu/6 months prison/both




14.3
• repeat offender—driver
behave in manner so impossible/impractical for blood sample to be taken—repeat offender
30 pu/12 months prison/both




14.4
• repeat offender—driver trainer
behave in manner so impossible/impractical for blood sample to be taken—repeat offender
30 pu/12 months prison/both




15
23 (3) (a)








15.1
• first offender—driver
fail/refuse to submit to medical examination—first offender
30 pu/6 months prison/both




15.2
• first offender—driver trainer
fail/refuse to submit to medical examination—first offender
30 pu/ 6 months prison/both




15.3
• repeat offender—driver
fail/refuse to submit to medical examination—repeat offender
30 pu/12 months prison/both




15.4
• repeat offender—driver trainer
fail/refuse to submit to medical examination—repeat offender
30 pu/12 months prison/both




16
23 (3) (b)








16.1
• first offender—driver
fail/refuse to give/permit taking of body sample—first offender
30 pu/6 months prison/both




16.2
• first offender—driver trainer
fail/refuse to give/permit taking of body sample—first offender
30 pu/6 months prison/both




16.3
• repeat offender—driver
fail/refuse to give/permit taking of body sample —repeat offender
30 pu/12 months prison/both




16.4
• repeat offender—driver trainer
fail/refuse to give/permit taking of body sample —repeat offender
30 pu/12 months prison/both




17
24 (1)








17.1
• first offender
drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—first offender
30 pu/6 months prison/both




17.2
• repeat offender
drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—repeat offender
30 pu/12 months prison/both




18
24A
drive/ride/be in charge of vehicle/animal on road under influence of alcohol
50 pu/6 months prison/both




19
47Β
fail to comply with police officer’s direction not to drive
10




Part 7 Spent Convictions Act 2000

86 How are traffic offences to be dealt with?

Section 14 (1), new definition of driver trainer

insert

driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.

87 Section 14 (4) (c)

after

drivers

insert

and driver trainers

88 Section 14 (4) (c)

after first mention of

driving

insert

or driver training

89 Section 14 (4) (c)

omit

or driving

insert

and driving or driver training

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2011.

2 Notification

Notified under the Legislation Act on 2011.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.



































© Australian Capital Territory 2011

 


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