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This is a Bill, not an Act. For current law, see the Acts databases.
2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Transport)
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:
This Act is the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011.
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)).
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.
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.
insert
4BA Meaning of driver trainer
For this Act, driver trainer means a person mentioned in section 4B (1) (h), (i) or (j).
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.
substitute
9 Power to require alcohol screening test if vehicle involved in accident––driver
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.
substitute
10 Power to require alcohol screening test for culpable driving––driver and driver trainer
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).
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.
substitute
13B Power to require drug screening test if vehicle involved in accident––driver
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.
substitute
13C Power to require drug screening test for culpable driving—driver and driver trainer
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).
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
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
after 1st mention of
hospital
insert
or at the sampling facility
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
omit
(other than a prescribed drug)
insert
, including a prescribed drug
after
a hospital
insert
or sampling facility
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
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),
after
under
insert
section 13G (4) (b),
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
substitute
20 Prescribed drug in oral fluid or blood––driver or driver trainer
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);
substitute
(j) evidence of the contents of a statement given under section 13H, section 15B, or section 16B;
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.
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
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
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.
after
drivers
insert
and driver trainers
after first mention of
driving
insert
or driver training
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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