Australian Capital Territory Numbered Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) LEGISLATION AMENDMENT ACT 2011 (NO. 15 OF 2011) - SECT 33

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