Australian Capital Territory Numbered Acts

MOTOR TRAFFIC (ALCOHOL AND DRUGS) (AMENDMENT) ACT 1989 (NO. 24 OF 1989) - SECT 8

8. Section 41 of the Principal Act is amended—

    (a)     by omitting from subparagraph (1) (a) (i) “he” and substituting “that he or she”;

    (b)     by inserting in subparagraph (1) (a) (ii) “or her” after “his”;

    (c)     by omitting from subparagraph (1) (a) (v) “, and precautions taken by him” and substituting “and precautions taken”;

    (d)     by inserting in subparagraph (1) (a) (vi) “or her” after “his”;

    (e)     by inserting in subparagraph (1) (a) (ix) “or she” after “he”;

    (f)     by omitting from paragraph (1) (b) “the” (first occurring) and substituting “a”;

    (g)     by omitting from subparagraph (1) (b) (i) “he” and substituting “that he or she”;

    (h)     by inserting in subparagraph (1) (b) (ii) “or her” after “his”;

    (i)     by omitting from subparagraph (1) (b) (v) “by him”;

    (j)     by inserting in subparagraphs (1) (b) (v) and (vi) “or her” after “his”;

    (k)     by inserting in subparagraphs (1) (c) (i) to (iv) (inclusive) and (vi) “or she” after “he”;

    (l)     by omitting from subparagraph (1) (c) (iv) “name and endorsed” and substituting “or her name and wrote”;

    (m)     by inserting in subparagraphs (1) (ca) (i) to (iv) (inclusive) “or she” after “he” (wherever occurring);

    (n)     by omitting from subparagraph (1) (ca) (iii) “this” and substituting “the person's”;

    (o)     by inserting after paragraph (1) (ca) the following paragraph:

    “(cb)     a certificate purporting to be signed by a medical practitioner stating that—

              (i)     he or she is a medical practitioner;

              (ii)     at a specified place and on a date and at a time specified, he or she took a sample of blood from the person named in the certificate;

              (iii)     he or she placed approximately equal quantities of the sample of blood into 2 containers;

              (iv)     on a label affixed to each container, the medical practitioner signed his or her name and wrote the name of the person from whom the sample was taken and the date on which and the time at which the sample was taken;

              (v)     each container was sealed;

              (vi)     he or she—

(A)     gave 1 container to the person named in the certificate and put the other container in a one-way box; or

(B)     put both containers in a one-way box; and

              (vii)     he or she held the opinion at the time when the sample was taken that the person was at that time, because of the person's medical condition, incapable of giving or refusing permission to take a sample of blood;

is prima facie evidence of the matters stated in the certificate;”;

    (p)     by omitting from paragraph (1) (d) “that”; and

    (q)     by omitting from subparagraphs (1) (d) (i) and (ii) “he” and substituting “that he or she”.