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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Drug Screening) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Road
Traffic Act 1961
.
Contents
Part 2—Amendment of Road Traffic
Act 1961
4Amendment of Schedule 1—Oral fluid and
blood sample processes
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Drug Screening) Amendment
Act 2020.
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 section 47IAA—Power of police to impose immediate licence
disqualification or suspension
Section 47IAA(1)—after paragraph (b) insert:
(ba) an offence against section 47BA;
4—Amendment
of Schedule 1—Oral fluid and blood sample processes
(1) Schedule 1, clause 8(1)—delete "subclause (2)(a)(ii)" and
substitute:
subclause (2)(b)
(2) Schedule 1, clause 8(2)—delete subclause (2) and
substitute:
(2) The results of a drug screening test, oral fluid analysis or blood
test under Part 3 Division 5, an admission or statement made by a
person relating to such a drug screening test, oral fluid analysis or blood
test, or any evidence taken in proceedings relating to such a drug screening
test, oral fluid analysis or blood test (or transcript of such evidence) 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—
(a) proceedings for—
(i) an offence against this Act; or
(ii) an offence against the
Motor
Vehicles Act 1959
; or
(iii) a driving-related offence; or
(iv) an offence against the
Controlled
Substances Act 1984
; or
(b) 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).