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ROAD TRAFFIC (CONSUMPTION OF LIQUOR WHILE DRIVING) AMENDMENT BILL 2010

South Australia

Road Traffic (Consumption of Liquor While Driving) Amendment Bill 2010

A BILL FOR

An Act to amend the Road Traffic Act 1961.

Contents

Part 1—Preliminary
1 Short title
2 Amendment provisions

Part 2—Amendment of Road Traffic Act 1961
3 Insertion of section 84
84 Consumption etc of liquor while driving

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Road Traffic (Consumption of Liquor While Driving) Amendment Act 2010.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Road Traffic Act 1961

3—Insertion of section 84

After section 83A insert:

84—Consumption etc of liquor while driving

(1) A person must not—

(a) consume liquor; or

(b) have liquor in an open container in his or her possession,

while driving a vehicle or attempting to put a vehicle in motion.

Maximum penalty: $2 500.

(2) The regulations may make provisions regulating the seizure of, and processes for dealing with, a substance alleged to constitute evidence of an offence against this section (including requiring the provision of a sample of the substance to the alleged offender).

(3) In proceedings for an offence against this section—

(a) if regulations are made under subsection (2)—an allegation in a complaint that a substance referred to in the complaint, and dealt with in accordance with the regulations, was liquor must be accepted as proved in the absence of proof to the contrary;

(b) in any case—a certificate purporting to be signed by an analyst and certifying that an analysis of a substance referred to in the certificate was carried out by, or under the supervision of, the analyst will be conclusive proof of the facts stated in the certificate—

(i) tending to identify the substance analysed; and

(ii) relating to the nature and results of the analysis.

(4) For the purposes of this section, a reference to an open container does not include a reference to a container that has been opened and resealed.

(5) In this section—

liquor has the same meaning as in the Liquor Licensing Act 1997 (and includes, to avoid doubt, a substance declared by regulations made under that Act to be liquor for the purposes of that Act).

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