Northern Territory Numbered Acts

TRAFFIC AND OTHER LEGISLATION AMENDMENT ACT 2015 (NO 35 OF 2015) - SECT 18

After section 29AAF

insert

29AAFA     Offence of failing to submit to saliva test

    (1)     A person who is required under section 29AAF to submit to a saliva test must not fail to provide a sample of saliva sufficient for the test, and any subsequent analysis, to be carried out.

Maximum penalty:     For a first offence – 5 penalty units or imprisonment for 3 months.

    For a second or subsequent offence – 7.5 penalty units or imprisonment for 6 months.

    (2)     An offence against subsection (1) (a relevant offence ) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

    (a)     driving under the influence of alcohol or a drug;

    (b)     driving with a prohibited drug in the body;

    (c)     failing to submit to a saliva test.

    (3)     For subsection (2)(b), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.

    (4)     If a court finds a person guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:

    (a)     for a second offence – for a minimum period of 3 months; or

    (b)     for a subsequent offence – for a minimum period of 6 months.

    (5)     A relevant offence that is a second or subsequent offence is an immediate suspension offence.