South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Use of Test and Analysis Results) Amendment
Bill 2010
A BILL FOR
An Act to amend the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Road Traffic
Act 1961
3Amendment of Schedule 1—Oral fluid
and blood sample processes
Schedule 1—Transitional
provision
1Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Use of Test and Analysis
Results) Amendment Act 2010.
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—Amendment
of Schedule 1—Oral fluid and blood sample
processes
(1) Schedule 1, Part 4, clause 8(1)—delete "that
contemplated by this Act" and substitute:
a purpose contemplated by this Act (including the purpose of civil
proceedings of a kind referred to in subclause (2)(a)(ii))
(2) Schedule 1, Part 4, clause 8(2)(a)—delete
paragraph (a) and substitute:
(a) will not be admissible in evidence against the person who submitted to
the drug screening test, oral fluid analysis or blood test in any proceedings,
other than—
(i) proceedings for an offence against this Act or the Motor
Vehicles Act 1959 or a driving-related offence; or
(ii) if the test or analysis occurred in connection with the person's
involvement in an accident—civil proceedings in connection with death or
bodily injury caused by or arising out of the use of a motor vehicle involved in
the accident (including proceedings under section 116 or 124A of the
Motor
Vehicles Act 1959 for the recovery from the person of money paid or
costs incurred by the nominal defendant or an insurer); and
(3) Schedule 1, Part 4, clause 8(3)—before the definition of
proceedings for a driving-related offence insert:
death or bodily injury caused by or arising out of the use of a motor
vehicle—death or bodily injury will be regarded as being caused by
or arising out of the use of a motor vehicle if the death or bodily injury is
regarded as being caused by or arising out of the use of a motor vehicle for the
purposes of Part 4 and Schedule 4 of the Motor
Vehicles Act 1959;
nominal defendant has the same meaning as in Part 4 of
the
Motor
Vehicles Act 1959;
Schedule 1—Transitional
provision
The amendments made by this Act to the Road
Traffic Act 1961 apply in respect of civil proceedings whether
commenced before or after the commencement of this Act.