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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Transport Portfolio)
Bill 2020
A BILL FOR
An Act to amend the
Criminal
Procedure Act 1921
, the
Expiation
of Offences Act 1996
, the
Fines
Enforcement and Debt Recovery Act 2017
, the
Harbors
and Navigation Act 1993
, the
Motor
Vehicles Act 1959
, the
Rail
Safety National Law (South Australia) Act 2012
and the
Road
Traffic Act 1961
.
Contents
Part 2—Amendment of Criminal Procedure
Act 1921
4Amendment of section 52—Limitation on time
in which proceedings may be commenced
Part 3—Amendment
of Expiation of Offences Act 1996
5Amendment of section 11—Expiation reminder
notices
6Amendment of section 11A—Expiation
enforcement warning notices
7Amendment of section 16—Withdrawal of
expiation notices
Part 4—Amendment of Fines Enforcement
and Debt Recovery Act 2017
8Amendment of section 22—Enforcement
determinations
Part 5—Amendment of Harbors and
Navigation Act 1993
9Amendment of section
4—Interpretation
10Amendment of section 71—Authorised
person may require alcotest or breath analysis
12Amendment of section
73—Evidence
13Amendment of section 73A—Breath analysis
where drinking occurs after operation of vessel
15Amendment of section 74—Compulsory blood
tests of injured persons including water skiers
16Amendment of section 87—Evidentiary
provision
17Amendment of section 91—Regulations and
fee notices
18Amendment of Schedule 1A—Blood and oral
fluid sample processes
Part 6—Amendment of Motor Vehicles
Act 1959
19Amendment of section
5—Interpretation
20Amendment of section 24—Duty to grant
registration
21Amendment of section 58—Transfer of
registration
22Insertion of Part 2 Division 13
71CPowers of
Registrar in relation to offensive material displayed on motor
vehicles
23Amendment of section 81A—Provisional
licences
24Amendment of section 81AB—Probationary
licences
27Amendment of section 83—Consequences of
certain orders or administrative actions outside State
29Amendment of section 98O—Persons who may
ride in towtruck
30Amendment of section 98Z—Review by
Registrar
31Amendment of section 98ZA—Review by
Tribunal
32Amendment of section 137A—Obligation to
provide evidence of design etc of motor vehicle
33Amendment of section 142—Facilitation of
proof
34Amendment of section 145—Regulations and
fee notices
35Amendment of Schedule 1—Evidence
obtained by photographic detection device
Part 7—Amendment
of Rail Safety National Law (South Australia) Act 2012
36Amendment of section
9—Interpretation
37Amendment of section 12—Conduct of
preliminary breath test or breath analysis
38Amendment of section 13—Conduct of drug
screening tests, oral fluid analyses and blood tests
41Amendment of section 16—Compulsory blood
testing following a prescribed notifiable occurrence
42Amendment of section 17—Processes
relating to blood samples
43Amendment of section 18—Processes
relating to oral fluid samples
44Amendment of section
20—Evidence
Part 8—Amendment
of Road Traffic Act 1961
46Amendment of section
5—Interpretation
47Amendment of section 22—Proof of lawful
installation etc of traffic control devices
48Amendment of section 47D—Payment by
convicted person of costs incidental to apprehension etc
49Amendment of section 47E—Police may
require alcotest or breath analysis
51Amendment of section 47GA—Breath
analysis where drinking occurs after driving
53Amendment of section 47I—Compulsory
blood tests
54Amendment of section
47K—Evidence
55Amendment of section 53B—Sale and
seizure of radar detectors, jammers and similar devices
57Amendment of section
110C—Offences
58Amendment of section
170—Disqualification where vehicle used for criminal
purposes
59Amendment of section 172—Removal of
disqualification
60Amendment of section 174A—Liability of
vehicle owners and expiation of certain offences
61Amendment of section 174E—Presumption as
to commencement of proceedings
62Amendment of section
175—Evidence
63Amendment of section 176—Regulations,
rules and fee notices
64Amendment of Schedule 1—Oral fluid and
blood sample processes
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Transport Portfolio)
Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
(1) Subject to
subsection (2)
, in this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
(2) A provision in
Part 7
amends the
Rail
Safety National Law (South Australia) Act 2012
(other than a provision of the Rail Safety National Law set out in
the Schedule to that Act).
Part 2—Amendment
of Criminal Procedure
Act 1921
4—Amendment
of section 52—Limitation on time in which proceedings may be
commenced
Section 52(2)(a)—before "statutory declaration" insert:
nomination,
Part 3—Amendment
of Expiation of Offences
Act 1996
5—Amendment
of section 11—Expiation reminder notices
(1) Section 11(1)—before "statutory declaration" insert:
nomination,
(2) Section 11(1a)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) if the notice is issued to the owner of a motor vehicle involved in
the alleged offence and the expiation reminder notice is required to be
accompanied by a notice relating to the owner sending the issuing authority a
nomination, statutory declaration or other document—a form suitable for
use as the nomination, statutory declaration or other document (as the case may
require).
6—Amendment
of section 11A—Expiation enforcement warning notices
(1) Section 11A(1)—before "statutory declaration" insert:
nomination,
(2) Section 11A(2)(a)—before "statutory declaration"
insert:
nomination,
7—Amendment
of section 16—Withdrawal of expiation notices
Section 16(1)(ab)—before "statutory declaration" insert:
nomination,
Part 4—Amendment
of Fines Enforcement and Debt Recovery
Act 2017
8—Amendment
of section 22—Enforcement determinations
Section 22(10)(f)(ii)—before "statutory declaration"
insert:
nomination,
Part 5—Amendment
of Harbors and Navigation
Act 1993
9—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of Metropolitan
Adelaide—delete the definition and substitute:
medical practitioner means a person registered under the
Health
Practitioner Regulation National Law
to practise in the medical profession (other than as a student);
(2) Section 4(1)—after the definition of prescribed
drug insert:
registered nurse means a person registered under the
Health
Practitioner Regulation National Law
—
(a) to practise in the nursing profession as a nurse (other than as a
student); and
(b) in the registered nurses division of that profession;
10—Amendment
of section 71—Authorised person may require alcotest or breath
analysis
(1) Section 71(10)—after "medical practitioner" wherever occurring
insert:
or registered nurse
(2) Section 71(12)(b)(ii)—after "medical practitioner"
insert:
or registered nurse
11—Amendment
of section 72—Authorised person may require drug screening test, oral
fluid analysis and blood test
(1) Section 72(12)—after "medical practitioner" wherever occurring
insert:
or registered nurse
(2) Section 72(15)(b)(ii)—after "medical practitioner"
insert:
or registered nurse
12—Amendment
of section 73—Evidence
(1) Section 73(1)—after "time of the analysis" insert:
and throughout the preceding period of 3 hours
(2) Section 73(3)(b)—delete "2 hours" and substitute:
3 hours
(3) Section 73(13)—after "medical practitioner" wherever occurring
insert:
or registered nurse
(4) Section 73(14)—after "medical practitioner" insert:
, registered nurse
(5) Section 73(16)—delete "2 hours" and substitute:
3 hours
(6) Section 73(17)—after "analyst" second occurring
insert:
, or a registered nurse and analyst,
13—Amendment
of section 73A—Breath analysis where drinking occurs after operation of
vessel
(1) Section 73A(2)(a)—delete paragraph (a) and substitute:
(a) that the defendant consumed alcohol during the relevant period;
and
(2) Section 73A—after subsection (2) insert:
(3) In this section—
relevant period means the period—
(a) commencing when 3 hours have elapsed since the conduct of the
defendant giving rise to the making of the requirement under section 71(1)
that the defendant submit to the breath analysis; and
(b) ending when the performance of the breath analysis
commences.
14—Amendment
of section 73B—Oral fluid analysis or blood test where consumption of
prescribed drug occurs after operation of vessel
(1) Section 73B(2)(b)—delete paragraph (b) and substitute:
(b) in a case where the defendant was required to submit to a drug
screening test after involvement of the vessel in an accident—
(i) that the requirements of section 76 were complied with in
relation to the accident; and
(ii) that the prescribed drug was not consumed after an authorised person
first exercised powers under section 71 preliminary to the performance of
the alcotest or breath analysis referred to in section 72,
(2) Section 73B(3), definition of relevant
period—delete the definition and substitute:
relevant period means the period—
(a) commencing when 3 hours have elapsed since the conduct of the
defendant giving rise to the making of the requirement referred to in
section 72 that the defendant submit to the alcotest or breath analysis;
and
(b) ending when the performance of the oral fluid analysis or blood test
(as the case may be) commences.
15—Amendment
of section 74—Compulsory blood tests of injured persons including water
skiers
Section 74(1), (4), (5) and (6)—delete subsections (1) to (6)
inclusive and substitute:
(1) If a vessel is
involved in an accident and, within 8 hours after the accident, a person
apparently over the age of 10 years who was injured in the accident attends
at, or is admitted into, a hospital for the purpose of receiving treatment for
that injury, it is the duty of the medical practitioner by whom that patient is
attended to ensure that, as soon as practicable, a sample of that patient's
blood (despite the fact that the patient may be unconscious) is taken in
accordance with this section.
(2) If a vessel is
involved in an accident and a person apparently over the age of 10 years
who was injured in the accident is dead on arrival at the hospital, or dies
before a sample of blood has been taken in accordance with this section and
within 8 hours after admission to the hospital, it is the duty of the
medical practitioner who, under Part 5 of the
Coroners
Act 2003
, notifies the State Coroner or a police officer of the
death—
(a) to ensure that a sample of blood from the body of the deceased is
taken in accordance with this section; or
(b) to notify the State Coroner as soon as practicable that, in view of
the circumstances in which the death of the deceased occurred, a sample of blood
should be taken from the body under this section.
(3) A sample of blood under
subsection (1)
or
(2)
may be taken by a medical practitioner or a registered nurse.
(4) The State Coroner, on receiving a notification under
subsection (2)
, may authorise and direct a pathologist to take a sample of blood from the
body of the deceased in accordance with this section.
16—Amendment
of section 87—Evidentiary provision
Section 87(2)—delete "a complaint" and substitute:
an information
17—Amendment
of section 91—Regulations and fee notices
Section 91—after subsection (5) insert:
(6) The Minister may prescribe fees for the purposes of this Act by fee
notice under the
Legislation
(Fees) Act 2019
.
18—Amendment
of Schedule 1A—Blood and oral fluid sample processes
(1) Schedule 1A, clause 1, definition of registered
nurse—delete the definition
(2) Schedule 1A, clause 2—delete "section 71, 72 or 74" and
substitute:
Part 10 Division 4
(3) Schedule 1A, clause 2—after "medical practitioner" wherever
occurring insert:
or registered nurse
(4) Schedule 1A, clause 2(g)—delete paragraph (g) and
substitute:
(g) on completion of an analysis of a sample—
(i) the certificate of the medical practitioner or registered nurse by
whom the sample was taken and the certificate of the analyst who performed or
supervised the analysis must be retained on behalf of—
(A) the Minister; and
(B) the medical practitioner or registered nurse by whom the sample was
taken; and
(ii) copies of the certificates referred to in paragraph (g)(i) must
be sent to—
(A) the Commissioner of Police; and
(B) the person from whom the sample was taken or, if the person is dead, a
relative or personal representative of the deceased;
(5) Schedule 1A, clause 2(h)—delete "paragraph (g)(iii)" and
substitute:
paragraph (g)(ii)(B)
(6) Schedule 1A, clause 3—delete the clause
(7) Schedule 1A, clause 6(2)—delete subclause (2) and
substitute:
(2) A medical practitioner or registered nurse must not take a sample of a
person's blood under this Act if, in the opinion of the medical practitioner or
registered nurse, it would be injurious to the medical condition of the person
to do so.
(8) Schedule 1A, clause 6(3)—after "medical practitioner" wherever
occurring insert:
or registered nurse
(9) Schedule 1A, clause (7)(g)—delete "sent to the Minister or
retained on behalf of the Minister and, in either event," and
substitute:
retained on behalf of the Minister and
(10) Schedule 1A, clause 8(2)(a)—delete paragraph (a) and
substitute:
(a) will not be admissible in evidence against the person in any
proceedings, other than proceedings for—
(i) an offence against this Act; or
(ii) an offence involving the operation or crewing of a vessel;
or
(iii) an offence against the
Controlled
Substances Act 1984
; and
Part 6—Amendment
of Motor Vehicles
Act 1959
19—Amendment
of section 5—Interpretation
Section 5—after subsection (7) insert:
(8) For the purposes of this Act (other than section 81A), in
determining the period for which a person has held a licence, learner's permit,
foreign licence, interstate licence or interstate learner's permit, any period
during which the person's licence or permit has been suspended under this Act or
another law of this State is not to be taken into account (unless the suspension
came into operation before the commencement of this subsection).
20—Amendment
of section 24—Duty to grant registration
Section 24—after subsection (4) insert:
(5) The Registrar may refuse to register a motor vehicle if the Registrar
has made a decision under section 71C in relation to the vehicle and the
reasons for that decision still exist.
21—Amendment
of section 58—Transfer of registration
Section 58—after subsection (5) insert:
(6) The Registrar may refuse to transfer the registration of a motor
vehicle if the Registrar has made a decision under section 71C in relation
to the vehicle and the reasons for that decision still exist.
22—Insertion
of Part 2 Division 13
After section 71B insert:
Division 13—Miscellaneous
71C—Powers of Registrar in relation to offensive
material displayed on motor vehicles
(1) Subject to this
section, if the Registrar is given an advertising code breach notice in relation
to a motor vehicle by Ad Standards the Registrar may do either or both of the
following:
(a) refuse to enter into any transaction—
(i) with the registered owner or the registered operator of the motor
vehicle to which the advertising code breach notice (whether in relation to that
motor vehicle or any other motor vehicle); and
(ii) with any other person in relation to the motor vehicle to which the
advertising code breach notice relates;
(b) cancel the registration of the motor vehicle to which the advertising
code breach notice relates.
(2) The Registrar
must, before acting under
subsection (1)
, give notice to the registered owner or the registered operator of the
motor vehicle to which the advertising code breach relates—
(a) advising the owner or operator of the Registrar's decision under that
subsection; and
(b) specifying the action that must be taken, and the period within which
it must be taken, to avoid the Registrar acting under
subsection (1)
; and
(c) advising of the right to apply to the Tribunal for a review of the
Registrar's decision.
(3) If the
Registrar is notified by Ad Standards that Ad Standards has withdrawn the
advertising code breach notice relating to the motor vehicle—
(a) the Registrar must inform the registered owner or the registered
operator of the vehicle that the advertising code breach notice in relation to
the vehicle has been withdrawn; and
(b) the Registrar must not take action under
subsection (1)
.
(4) If, before the Registrar takes action under
subsection (1)
, the Registrar is notified that material of an offensive nature is no
longer displayed on the motor vehicle, the Registrar must not take action under
subsection (1)
.
(5) If the registration of a motor vehicle is cancelled under this
section, no part of any amount paid in respect of the registration of the
vehicle is refundable.
Ad Standards means Ad Standards Limited
(ACN 084 452 666);
advertising code means—
(a) the document entitled AANA Code of Ethics published by the
Australian Association of National Advertisers (ACN 003 179 673),
as in force from time to time; or
(b) a document that—
(i) constitutes a code of ethics or standard for advertising;
and
(ii) is prescribed by the regulations to be an advertising code for the
purposes of this section;
advertising code breach determination means a determination
of the Board that material appearing on a specified motor vehicle breaches the
advertising code;
advertising code breach notice means a
notice—
(a) setting out the details of an advertising code breach determination;
and
(b) specifying that the determination is final;
Board means the body appointed by Ad Standards to consider
complaints from members of the public about advertising and determine whether
the advertising breaches the provisions of the advertising code.
(7) This section does not apply in relation to any—
(a) electoral advertisement as defined in the
Electoral
Act 1985
; or
(b) electoral material as defined in the
Local
Government (Elections) Act 1999
; or
(c) electoral matter as defined in the Commonwealth Electoral
Act 1918 of the Commonwealth; or
(d) material of a prescribed kind.
23—Amendment
of section 81A—Provisional licences
Section 81A—after subsection (21) insert:
(22) For the purposes of this section—
(a) in determining the period for which a person has held a
P1 licence or P2 licence or whether a person has completed a
P1 qualifying period or a P2 qualifying period, any period during
which the person's licence has been suspended under this Act or another law of
this State is not to be taken into account; and
(b) in determining the period for which a person has held a
non-provisional licence or non-provisional interstate licence, any period during
which the person's licence has been suspended under this Act or another law of
this State is not to be taken into account,
unless the suspension came into operation before the commencement of this
subsection.
24—Amendment
of section 81AB—Probationary licences
Section 81AB—after subsection (7) insert:
(8) For the purposes of this section, in determining the period for which
conditions imposed under this section have been effective on a licence, any
period during which the licence has been suspended under this Act or another law
of this State is not to be taken into account (unless the suspension came into
operation before the commencement of this subsection).
25—Amendment
of section 81E—Circumstances in which licence will be subject to mandatory
alcohol interlock scheme conditions
Section 81E(6)—after paragraph (b) insert:
(c) any period during which the person's licence was suspended under this
Act or another law of this State (unless the suspension came into operation
before the commencement of this paragraph).
26—Amendment
of section 81G—Cessation of licence subject to mandatory alcohol interlock
scheme conditions
Section 81G—after its present contents (now to be designated as
subsection (1)) insert:
(2) For the purposes of subsection (1)—
(a) a person ceases to hold a licence if the licence is suspended under
this Act or another law of this State;
(b) in determining a period for which mandatory alcohol interlock scheme
conditions have applied in relation to a person, any period during which the
person's licence has been suspended under this Act or another law of this State
is not to be taken into account (unless the suspension came into operation
before the commencement of this subsection).
27—Amendment
of section 83—Consequences of certain orders or administrative actions
outside State
(1) Section 83(2)—delete subsection (2) and substitute:
(2) If the Registrar becomes aware that, under a law of another State or
Territory of the Commonwealth, an order has been made or administrative action
has been taken that results in—
(a) a person's licence or other authority to drive a motor vehicle in that
State or Territory being suspended; or
(b) a person being disqualified from holding or obtaining a licence or
other authority to drive a motor vehicle in that State or Territory,
the Registrar must refuse to issue a licence or learner's permit to the
person during the period of suspension or disqualification.
(2) Section 83(4)—delete subsection (4) and substitute:
(4) If the Registrar becomes aware that, under a law of another country,
an order has been made or administrative action has been taken that results
in—
(a) a person's licence or other authority to drive a motor vehicle in that
country being suspended; or
(b) a person being disqualified from holding or obtaining a licence or
other authority to drive a motor vehicle in that country,
the Registrar may refuse to issue a licence or learner's permit to the
person during the period of suspension or disqualification.
28—Amendment
of section 98MD—Only persons directed by police to proceed to or be
present at scene of accident for purposes related to removal, wrecking or
repair
Section 98MD(2)—delete "complaint" and substitute:
information
29—Amendment
of section 98O—Persons who may ride in towtruck
Section 98O(4)—delete "complaint" and substitute:
information
30—Amendment
of section 98Z—Review by Registrar
Section 98Z(1)—after "Part 2" insert:
(other than section 71C)
31—Amendment
of section 98ZA—Review by Tribunal
Section 98ZA(1)—delete subsection (1) and substitute:
(1) A person who—
(a) is aggrieved by a decision of the Registrar under section 71C;
or
(b) is dissatisfied with a decision as confirmed, varied or substituted by
the Registrar on a review under section 98Z,
may seek a review of the decision by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
.
32—Amendment
of section 137A—Obligation to provide evidence of design etc of motor
vehicle
Section 137A—delete "or ownership" and substitute:
, ownership or appearance
33—Amendment
of section 142—Facilitation of proof
(1) Section 142—delete "a complaint" wherever occurring and
substitute in each case:
an information
(2) Section 142(d)—delete "the complaint" and substitute:
the information
34—Amendment
of section 145—Regulations and fee notices
Section 145—after subsection (3) insert:
(4) The Minister may prescribe fees for the purposes of this Act by fee
notice under the
Legislation
(Fees) Act 2019
.
35—Amendment
of Schedule 1—Evidence obtained by photographic detection
device
(1) Schedule 1, clause 2(1)—delete "7" and substitute:
14
(2) Schedule 1, clause 2(2)—delete "7" and substitute:
14
Part 7—Amendment
of Rail Safety National Law (South Australia)
Act 2012
36—Amendment
of section 9—Interpretation
Section 9(1), definition of Metropolitan
Adelaide—delete the definition
37—Amendment
of section 12—Conduct of preliminary breath test or breath
analysis
Section 12(6)—after "medical practitioner" wherever occurring
insert:
or registered nurse
38—Amendment
of section 13—Conduct of drug screening tests, oral fluid analyses and
blood tests
Section 13(7)—after "medical practitioner" wherever occurring
insert:
or registered nurse
39—Amendment
of section 14—Breath analysis where drinking occurs after rail safety work
is carried out
Section 14(3)—delete the definition of relevant period
and substitute:
relevant period means the period—
(a) commencing when 3 hours have elapsed since the prescribed
notifiable occurrence or the conduct of the defendant giving rise to the making
of the requirement under section 126 of the Rail Safety National Law that
the defendant submit to the breath analysis; and
(b) ending when the performance of the breath analysis
commences.
40—Amendment
of section 15—Oral fluid analysis or blood test where consumption of
alcohol or drug occurs after rail safety work is carried
out
Section 15(3)—delete the definition of relevant period
and substitute:
relevant period means the period—
(a) commencing when 3 hours have elapsed since the prescribed
notifiable occurrence or conduct of the defendant giving rise to the making of
the requirement under section 127 of the Rail Safety National Law that the
defendant submit to the oral fluid analysis or blood test; and
(b) ending when the performance of the oral fluid analysis or blood test
(as the case may be) commences.
41—Amendment
of section 16—Compulsory blood testing following a prescribed notifiable
occurrence
Section 16(1), (2), (3) and (4)—delete subsections (1) to (4)
inclusive and substitute:
(1) If a rail
safety worker suffers an injury as a result of a prescribed notifiable
occurrence and, within 8 hours after the prescribed notifiable occurrence,
the worker attends at, or is admitted into, a hospital for the purposes of
receiving treatment for that injury, it is the duty of the medical practitioner
who attends the worker to ensure that, as soon as practicable, a sample of that
worker's blood (despite the fact that the worker may be unconscious), is taken
in accordance with this section.
(2) If a rail
safety worker suffers an injury as a result of a prescribed notifiable
occurrence and the worker is dead on arrival at the hospital, or dies before a
sample of blood has been taken in accordance with this section and within
8 hours after admission to the hospital, it is the duty of the medical
practitioner who, under Part 5 of the
Coroners
Act 2003
, notifies the State Coroner or a police officer of the
death—
(a) to ensure that a sample of blood from the body of the deceased is
taken in accordance with this section; or
(b) to notify the State Coroner as soon as practicable that, in view of
the circumstances in which the death of the deceased occurred, a sample of blood
should be taken from the body under this section.
(3) A sample of blood under
subsection (1)
or
(2)
may be taken by a medical practitioner or a registered nurse.
(4) The State Coroner, on receiving a notification under
subsection (2)
, may authorise and direct a pathologist to take a sample of blood from the
body of the deceased in accordance with this section.
42—Amendment
of section 17—Processes relating to blood samples
(1) Section 17—after "medical practitioner" wherever occurring
insert:
or registered nurse
(2) Section 17(g)—delete paragraph (g) and substitute:
(g) on completion of an analysis of a sample—
(i) the certificate of the medical practitioner or registered nurse by
whom the sample was taken and the certificate of the analyst who performed or
supervised the analysis must be retained on behalf of the medical practitioner
or registered nurse by whom the sample was taken; and
(ii) copies of the certificates referred to in paragraph (g)(i) must
be sent to—
(A) the Regulator; and
(B) if the sample was taken as a result of testing required by a police
officer—the Commissioner of Police; and
(C) the person from whom the sample was taken or, if the person is dead, a
relative or personal representative of the deceased;
(3) Section 17(h)—delete "paragraph (g)(iii)" and
substitute:
paragraph (g)(ii)(C)
43—Amendment
of section 18—Processes relating to oral fluid
samples
(1) Section 18(g)—delete paragraph (g) and substitute:
(g) on completion of an analysis of a sample—
(i) the certificate of the medical practitioner or registered nurse by
whom the sample was taken and the certificate of the analyst who performed or
supervised the analysis must be retained on behalf of the medical practitioner
or registered nurse by whom the sample was taken; and
(ii) copies of the certificates referred to in paragraph (g)(i) must
be sent to—
(A) the Regulator; and
(B) if the sample was taken as a result of testing required by a police
officer—the Commissioner of Police; and
(C) the person from whom the sample was taken or, if the person is dead, a
relative or personal representative of the deceased;
(2) Section 18(h)—delete "paragraph (g)(iii)" and
substitute:
paragraph (g)(ii)(C)
44—Amendment
of section 20—Evidence
(1) Section 20(1)—delete "2 hours" and substitute:
3 hours
(2) Section 20(12)—after "medical practitioner" wherever occurring
insert:
or registered nurse
(3) Section 20(13)—after "medical practitioner" insert:
, registered nurse
(4) Section 20(15)—delete "2 hours" and substitute:
3 hours
(5) Section 20(16)—after "analyst" second occurring
insert:
, or a registered nurse and analyst,
Section 21—delete the section
Part 8—Amendment
of Road Traffic
Act 1961
46—Amendment
of section 5—Interpretation
(1) Section 5(1)—after the definition of mass limit
insert:
medical practitioner means a person registered under the
Health
Practitioner Regulation National Law
to practise in the medical profession (other than as a student);
(2) Section 5(1)—after the definition of records
insert:
registered nurse means a person registered under the
Health
Practitioner Regulation National Law
—
(a) to practise in the nursing profession as a nurse (other than as a
student); and
(b) in the registered nurses division of that profession;
47—Amendment
of section 22—Proof of lawful installation etc of traffic control
devices
Section 22(1)—delete "complaint" wherever occurring and
substitute:
information
48—Amendment
of section 47D—Payment by convicted person of costs incidental to
apprehension etc
(1) Section 47D(1)—delete "complaint" and substitute:
information
(2) Section 47D(1)—delete "complainant" wherever occurring and
substitute in each case:
informant
(3) Section 47D(2)—delete "complainant" and substitute:
informant
49—Amendment
of section 47E—Police may require alcotest or breath
analysis
(1) Section 47E(4a)—after "medical practitioner" wherever occurring
insert:
or registered nurse
(2) Section 47E(5a)(b)(ii)—after "medical practitioner"
insert:
or registered nurse
50—Amendment
of section 47EAA—Police may require drug screening test, oral fluid
analysis and blood test
(1) Section 47EAA(11)—after "medical practitioner" wherever
occurring insert:
or registered nurse
(2) Section 47EAA(14)(b)(ii)—after "medical practitioner"
insert:
or registered nurse
51—Amendment
of section 47GA—Breath analysis where drinking occurs after
driving
Section 47GA(3), definition of relevant period—delete
the definition and substitute:
relevant period means the period—
(a) commencing when 3 hours have elapsed since the conduct of the
defendant giving rise to the making of the requirement under section 47E(1)
that the defendant submit to the breath analysis; and
(b) ending when the performance of the breath analysis
commences.
52—Amendment
of section 47GB—Oral fluid analysis or blood test where consumption of
prescribed drug occurs after driving
(1) Section 47GB(2)(c)—after "discharged the duties"
insert:
required under section 43 and any other duties
(2) Section 47GB(3), definition of relevant
period—delete the definition and substitute:
relevant period means the period—
(a) commencing when 3 hours have elapsed since the conduct of the
defendant giving rise to the making of the requirement referred to in
section 47EAA that the defendant submit to the alcotest or breath analysis;
and
(b) ending when the performance of the oral fluid analysis or blood test
(as the case may be) commences.
53—Amendment
of section 47I—Compulsory blood tests
Section 47I(1), (4), (5) and (6)—delete subsections (1) to (6)
inclusive and substitute:
(1) If a motor
vehicle is involved in an accident and, within 8 hours after the accident,
a person apparently of or above the age of 10 years who suffered injury in
the accident attends at, or is admitted into, a hospital for the purpose of
receiving treatment for that injury, it is, subject to Schedule 1, the duty
of the medical practitioner by whom that patient is attended to ensure that, as
soon as practicable, a sample of that patient's blood (despite the fact that the
patient may be unconscious), is taken in accordance with this section.
(2) If a motor
vehicle is involved in an accident and a person apparently of or above the age
of 10 years who suffered injury in the accident is dead on arrival at the
hospital, or dies before a sample of blood has been taken in accordance with
this section and within 8 hours after admission to the hospital, it is the
duty of the medical practitioner who, under Part 5 of the
Coroners
Act 2003
, notifies the State Coroner or a police officer of the
death—
(a) to ensure that a sample of blood from the body of the deceased is
taken in accordance with this section; or
(b) to notify the State Coroner as soon as practicable that, in view of
the circumstances in which the death of the deceased occurred, a sample of blood
should be taken from the body under this section.
(3) A sample of blood under
subsection (1)
or
(2)
may be taken by a medical practitioner or a registered nurse.
(4) The State Coroner, on receiving a notification under
subsection (2)
, may authorise and direct a pathologist to take a sample of blood from the
body of the deceased in accordance with this section.
54—Amendment
of section 47K—Evidence
(1) Section 47K(1)—delete "2 hours" and substitute:
3 hours
(2) Section 47K(1ab)(b)—delete "2 hours" and substitute:
3 hours
(3) Section 47K(8)—after "medical practitioner" wherever occurring
insert:
or registered nurse
(4) Section 47K(11)—after "medical practitioner" insert:
, registered nurse
(5) Section 47K(13)—delete "2 hours" and substitute:
3 hours
(6) Section 47K(16)—after "analyst," second occurring
insert:
or a registered nurse and analyst,
(7) Section 47K(17)(b)—delete "complainant or"
(8) Section 47K(18)(b)—delete "subsection (3)(b)(ii)" and
substitute:
subsection (3)(b)(i)
55—Amendment
of section 53B—Sale and seizure of radar detectors, jammers and similar
devices
Section 53B(5)—delete "complaint" and substitute:
information
56—Amendment
of section 79B—Provisions applying where certain offences are detected by
photographic detection devices
(1) Section 79B(2)(b)—delete paragraph (b) and substitute:
(b) that a nomination made in a manner and form approved by the Minister
and stating the name and address of some person other than the owner who was
driving the vehicle at the time has been given—
(i) by the owner; or
(ii) if the owner is a body corporate—by an officer of the body
corporate acting with the authority of the body corporate,
to the Commissioner of Police—
(iii) in the case of an expiation notice—within 28 days after
an expiation notice in respect of the offence is given to the owner;
or
(iv) in the case of an expiation reminder notice—within 14 days
after an expiation reminder notice in respect of the offence is given to the
owner; or
(v) if an expiation notice is not given—within 28 days after a
summons in respect of the offence is given to the owner,
(or within such longer period as the Commissioner may allow if satisfied
that exceptional circumstances exist in the particular case); or
(2) Section 79B(5)(b)—delete "complaint" and substitute:
information
(3) Section 79B(6a) and (6b)—delete subsections (6a) and (6b) and
substitute:
(6a) If—
(a) an expiation notice for a prescribed offence is given to a person
named as the alleged driver in a nomination under this section; or
(b) proceedings for a prescribed offence are commenced against a person
named as the alleged driver in a nomination under this section,
the notice or summons, as the case may be, must be accompanied by a notice
setting out particulars of the nomination that named the person as the alleged
driver.
(6b) The particulars of the nomination provided to the person named as the
alleged driver must not include the address of the person who made the
nomination.
(4) Section 79B—after subsection (11) insert:
(12) The Commissioner of Police may require a person who makes a
nomination under this section to verify the information contained in the
nomination by statutory declaration.
(13) If the Commissioner of Police believes that a nomination under this
section has been made in error, the Commissioner may permit the nomination to be
withdrawn and a new nomination to be made.
(14) A person must not, in making a nomination for the purposes of this
section, make a statement that is false or misleading in a material
particular.
Maximum penalty: $25 000 or imprisonment for 4 years.
57—Amendment
of section 110C—Offences
Section 110C(8)—delete "prescribed circumstances" and
substitute:
circumstances prescribed by regulation
58—Amendment
of section 170—Disqualification where vehicle used for criminal
purposes
Section 170—delete "or complaint"
59—Amendment
of section 172—Removal of disqualification
Section 172(1)—delete "complaint" and substitute:
information
60—Amendment
of section 174A—Liability of vehicle owners and expiation of certain
offences
(1) Section 174A—delete "statutory declaration" wherever occurring
and substitute in each case:
nomination
(2) Section 174A—after subsection (4) insert:
(4a) If the council or officer specified in the notice under
subsection (4) believes that a nomination made in response to the notice
has been made in error, the council or officer (as the case may be) may permit
the nomination to be withdrawn and a new nomination to be made.
(3) Section 174A(5)—delete "complainant" wherever occurring and
substitute in each case:
informant
(4) Section 174A—after subsection (5) insert:
(5a) A council or officer to whom a nomination is provided in response to
a notice under subsection (4) or (5) may require the person who made the
nomination to verify the information contained in the nomination by statutory
declaration.
(5b) If the informant believes that a nomination made in response to the
notice under subsection (5) has been made in error, the informant may
permit the nomination to be withdrawn and a new nomination to be made.
(5) Section 174A(7)(b)—delete "complainant" and
substitute:
informant
(6) Section 174A(8)—delete "declaration" and substitute:
nomination
(7) Section 174A(10)—delete "declaration" second occurring and
substitute:
nomination
(8) Section 174A(11)—delete "complaint" and substitute:
information
(9) Section 174A—after subsection (11) insert:
(12) A nomination under this section must be made in a manner and form
approved by the Minister.
(13) A person must not, in making a nomination for the purposes of this
section, make a statement that is false or misleading in a material
particular.
Maximum penalty: $25 000 or imprisonment for 4 years.
61—Amendment
of section 174E—Presumption as to commencement of
proceedings
(1) Section 174E—delete "complaint" wherever occurring and
substitute in each case:
information
(2) Section 174E—delete "complainant" and substitute:
informant
62—Amendment
of section 175—Evidence
(1) Section 175(1)—delete "a complaint" and substitute:
an information
(2) Section 175(2)—delete "complaint" and substitute:
information
63—Amendment
of section 176—Regulations, rules and fee notices
(1) Section 176(1a)(c)—delete "parking ticket-vending machines or
parking meters" and substitute:
parking ticket-vending machines, parking meters, electronic devices
(including mobile phones, tablets or any other device of a prescribed kind) or
by any electronic method determined by the council
(2) Section 176—after subsection (8) insert:
(9) The Minister may prescribe fees for the purposes of this Act by fee
notice under the
Legislation
(Fees) Act 2019
.
64—Amendment
of Schedule 1—Oral fluid and blood sample processes
(1) Schedule 1, clause 1, definitions of Metropolitan
Adelaide and registered nurse—delete the
definitions
(2) Schedule 1, clause 2—after "medical practitioner" wherever
occurring insert:
or registered nurse
(3) Schedule 1, clause 2(g)—delete paragraph (g) and
substitute:
(g) on completion of an analysis of a sample—
(i) the certificate of the medical practitioner or registered nurse by
whom the sample was taken and the certificate of the analyst who performed or
supervised the analysis must be retained on behalf of—
(A) the Minister; and
(B) the medical practitioner or registered nurse by whom the sample was
taken; and
(ii) copies of the certificates referred to in paragraph (g)(i) must
be sent to—
(A) the Commissioner of Police; and
(B) the person from whom the sample was taken or, if the person is dead, a
relative or personal representative of the deceased;
(4) Schedule 1, clause 2(h)—delete "paragraph (g)(iii)" and
substitute:
paragraph (g)(ii)(B)
(5) Schedule 1, clause 3—delete the clause
(6) Schedule 1, clause 6(2)—delete subclause (2) and
substitute:
(2) A medical practitioner or registered nurse must not take a sample of a
person's blood under this Act if, in the opinion of the medical practitioner or
registered nurse, it would be injurious to the medical condition of the person
to do so.
(7) Schedule 1, clause 6(3)—after "medical practitioner" wherever
occurring insert:
or registered nurse
(8) Schedule 1, clause 7(g)—delete "sent to the Minister or retained
on behalf of the Minister and, in either event," and substitute:
retained on behalf of the Minister and
(9) Schedule 1, clause 8(1) and (2)—delete subclauses (1) and (2)
and substitute:
(1) A sample of oral fluid or blood taken under section 47E, 47EAA
or 47I (and any other forensic material taken incidentally during a drug
screening test, oral fluid analysis or blood test) must not be used
except—
(a) for a purpose contemplated by this Act (including for the purpose of
civil proceedings of a kind referred to in
subclause (2)(b)
); or
(b) for research for prescribed purposes relating to drugs (whether
prescribed drugs (as defined in section 47A) or other drugs) present in the
oral fluid or blood of drivers, provided that—
(i) the research may only be released, disclosed or used in a manner such
that personal information from any sample used in the research is de-identified
so that the information is no longer about an identifiable person; and
(ii) DNA analysis of a sample is not conducted.
(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).