Australian Capital Territory Numbered Acts

STATUTE LAW AMENDMENT ACT 2011 (NO 2) (NO. 28 OF 2011) - SCHEDULE 1

Schedule 1     Minor amendments

(see s 5)

Part 1.1     Road Transport (Alcohol and Drugs) Act 1977

[1.1]     Section 41AA (2) (f) and note

substitute

        (f)     that the person—

              (i)     was unable to provide a sufficient sample of the person's oral fluid for analysis; or

              (ii)     failed to provide a sample of the person's oral fluid for analysis.

Note     Fail includes refuse (see Legislation Act, dict, pt 1).

Explanatory note

Section 41AA (2) deals with the requirements relating to the evidentiary certificate given by a police officer in relation to a person who has not undergone an oral fluid test when requested to do so by the police officer. Currently, section 41AA (2) (f) refers to a statement by the police officer to the effect that the person failed to provide a sample of oral fluid for analysis. New paragraph (f) (i) relates to the situation in section 15 (1) (c) where a person may be required to allow a sample of blood to be taken because the person has been unable to provide a sufficient sample of the person's oral fluid for analysis.

[1.2]     New section 41AA (5)

insert

    (5)     A certificate that appears to be signed by a person who is a doctor or nurse (a sample taker ) and states a matter relevant to any of the following is evidence of the matter:

        (a)     that the person is a doctor or nurse;

        (b)     that the sample taker attended a person mentioned in the certificate (the relevant person ) on a stated day, at a stated time, in a stated hospital or sampling facility;

        (c)     if the relevant person is a person mentioned in section 15 (1) (Taking blood samples from people in custody)—that a police officer has asked the sample taker to take a sample of the person's blood;

        (d)     that the sample taker took a sample of blood from the relevant person;

        (e)     that the sample taker placed the blood sample into a container;

        (f)     that the sample taker attached a label to the container that contained the following information:

              (i)     the sample taker's name;

              (ii)     the relevant person's name;

              (iii)     the date and time the blood sample was taken;

        (g)     that the sample taker sealed the container with a tamper-evident seal that had a stated unique identifying number marked on it;

        (h)     that the sample taker placed the sealed container into a one-way box;

              (i)     if the sample was taken under section 15—that, when the sample was taken, the sample taker was of the opinion that the relevant person was, at that time, because of the person's medical condition, incapable of giving or refusing permission to take a blood sample.

(commencement: the later of the commencement of this Act and the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 )

Explanatory note

This amendment inserts a new subsection in section 41AA setting out the information that must be included in an evidentiary certificate given by a doctor or nurse in relation to a blood sample taken from a person who has failed, or has been unable, to give a sample of oral fluid. Proposed paragraph (5) (b) refers to a ‘sampling facility', which is a term inserted in the Act by the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 . A special commencement provision has been included in case the Statute Law Amendment Act 2011 (No 2) commences before the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 .