STATUTES AMENDMENT (ROAD SAFETY REFORMS) BILL 2002

PART 1

PRELIMINARY

Short title

1. This Act may be cited as the Statutes Amendment (Road Safety Reforms) Act 2002.

Commencement

2. This Act will come into operation on a day to be fixed by proclamation.

Interpretation

3. A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.

PART 2

AMENDMENT OF HARBORS AND NAVIGATION ACT 1993

Amendment of s. 70—Alcohol and other drugs

4. Section 70 of the principal Act is amended by striking out subsection (4) and substituting the following subsection:

(4) In determining whether an offence is a first, second or subsequent offence for the purposes of this section, any previous offence against this Division for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

Amendment of s. 72B—Blood tests by nurses where breath analysis taken outside Metropolitan Adelaide

5. Section 72B of the principal Act is amended by striking out the definition of "registered nurse" in subsection (2) and substituting the following definition:

"registered nurse" means a person who is registered as a nurse under the Nurses Act 1999.

Amendment of s. 74—Compulsory blood tests of injured persons including water skiers

6. Section 74 of the principal Act is amended by striking out subsection (19) and substituting the following subsection:

(19) In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous offence against this Division for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

PART 3

AMENDMENT OF MOTOR VEHICLES ACT 1959

Amendment of s. 5—Interpretation

7. Section 5 of the principal Act is amended—

(a)by inserting after the definition of "agricultural machine" in subsection (1) the following definition:

"alcohol interlock scheme conditions" means the conditions referred to in section 51(1) of the Road Traffic Act 1961;;

(b)by inserting after the definition of "owner" in subsection (1) the following definitions:

"photograph" includes an image produced from an electronic record made by a digital or other electronic camera, and "photographic" has a corresponding meaning;

"photographic detection device" has the same meaning as in the Road Traffic Act 1961;.

Amendment of s. 75A—Learner's permit

8. Section 75A of the principal Act is amended by striking out paragraph (c) of subsection (1) and substituting the following paragraph:

(c)has passed the theoretical examination prescribed for the purposes of section 79; and.

Substitution of s. 79

9. Section 79 of the principal Act is repealed and the following section is substituted:

Examination of applicant for licence or learner's permit

79. (1) Subject to this Act, the Registrar may not issue a licence or learner's permit to an applicant who has not held a licence at some time during the period of 5 years immediately preceding the date of the application unless—

(a)the applicant produces to the Registrar a certificate signed by an examiner certifying that the applicant has passed the prescribed theoretical examination conducted by that examiner in the prescribed manner; or

(b)the applicant satisfies the Registrar, by such evidence as the Registrar may require, that at some time during the period of 5 years immediately preceding the date of the application, the applicant held a licence to drive a motor vehicle under the law of another State or a Territory of the Commonwealth.

(2) Regulations made for the purposes of subsection (1)(a) may provide that, for the purposes of this Act, a person will not be regarded as having passed an examination unless the person has answered correctly not less than a prescribed number of questions asked in the examination (but, despite such a regulation, the Registrar may treat a person as not having passed an examination for the purposes of this Act if an incorrect answer has been given to a question dealing with a matter that, in the Registrar's opinion, is of special importance).

(3) In this section—

"examiner" means—

(a)a member of the police force; or

(b)a person appointed by the Registrar as an examiner for the purposes of this section.

Amendment of s. 79A—Practical driving tests

10. Section 79A of the principal Act is amended by striking out paragraph (a) and substituting the following paragraph:

(a)the applicant—

(i)has held a learner's permit for a period of at least 6 months or periods totalling at least 6 months; and

(ii)produces to the Registrar a certificate signed by an authorised examiner certifying that the applicant has passed a practical driving test conducted by that examiner and appropriate to the class of the licence for which the application is made; or.

Amendment of s. 81—Restricted licences and learner's permits

11. Section 81 of the principal Act is amended by striking out from subsection (2) "an examination" first occurring and substituting "a theoretical examination".

Amendment of s. 81A—Provisional licences

12. Section 81A of the principal Act is amended—

(a)by striking out from subsection (1)(ba)(i) "19" and substituting "20";

(b)by striking out from subsection (1)(ba)(ii) "one year" and substituting "2 years";

(c)by striking out from subsection (2) "Subject to subsections (2a) and (3)," and substituting "Subject to this section,";

(d)by striking out from subsection (2)(a) "19" and substituting "20";

(e)by striking out from subsection (2)(b) "one year" and substituting "2 years";

(f)by inserting after subsection (2) the following subsection:

(2aa) Subject to subsection (2a), where a licence is issued to an applicant referred to in subsection (1)(c), the conditions imposed under subsection (1) are effective for—

(a)the period fixed by subsection (2) followed by a period of 6 months; or

(b)if the period of disqualification referred to in subsection (1)(c) was imposed by a court and the court ordered that the conditions imposed under subsection (1) on any licence issued to the person after the period of disqualification be effective for a period greater than the period fixed by paragraph (a)—that period.;

(g)by striking out from subsection (2a) "under Division 5A of Part 3 of the Road Traffic Act 1961";

(h)by striking out from subsection (2a)(a) "that Division" and substituting "this Act or the Road Traffic Act 1961".

Amendment of s. 81AB—Probationary licences

13. Section 81AB of the principal Act is amended—

(a)by striking out from subsection (1) "section 81B" and substituting "section 81B or 81C";

(b)by striking out subsection (3) and substituting the following subsection:

(3) Subject to subsection (3a), the conditions imposed under subsection (1) are effective for the following period:

(a)if the offence that led to the period of disqualification referred to in subsection (1) was, within the meaning of the Road Traffic Act 1961, a first offence against section 47B(1) of that Act that was a category 1 offence—a period of 6 months; or

(b)in any other case—

(i)a period of 12 months; or

(ii)if the period of disqualification referred to in subsection (1) was imposed by a court and the court ordered that the conditions imposed under subsection (1) on any licence issued to the person after the period of disqualification be effective for a period greater than the period fixed by subparagraph (i)—that period.;

(c)by striking out from subsection (3a) "under Division 5A of Part 3 of the Road Traffic Act 1961";

(d)by striking out from subsection (3a)(b) "that Division" and substituting "this Act or the Road Traffic Act 1961";

(e)by striking out from subsection (3a)(c)(i) "that Division" and substituting "this Act or the Road Traffic Act 1961".

Amendment of s. 81B—Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions, etc.

14. Section 81B of the principal Act is amended—

(a)by striking out the definition of "alcohol interlock scheme conditions" in subsection (1);

(b)by striking out the definition of "relevant drink driving offence" in subsection (1) and substituting the following definition:

"relevant drink driving offence" means—

(a)an offence to which section 81C applies that is a second or subsequent offence within the meaning of that section; or

(b)an offence referred to in section 49 of the Road Traffic Act 1961.;

(c)by striking out from subsection (9) "19 years" wherever occurring and substituting, in each case, "20 years".

Insertion of s. 81C

15. The following section is inserted after section 81B of the principal Act:

Disqualification for certain drink driving offences

81C. (1) This section applies to an alleged category 1 offence against section 47B(1) of the Road Traffic Act 1961 other than such an offence where—

(a)the vehicle involved is alleged to have been a prescribed vehicle within the meaning of section 47A of that Act; and

(b)the concentration of alcohol in the blood of the person is alleged to have been less than .05 grams in 100 millilitres of blood.

(2) If a person expiates an offence to which this section applies, the Registrar must give the person written notice—

(a)that, commencing on a day specified in the notice, the person is disqualified from holding or obtaining a licence or learner's permit for—

(i)in the case of a first offence—3 months; or

(ii)in the case of a second offence—6 months; or

(iii)in the case of a subsequent offence—12 months; and

(b)that, if the person holds any licence or learner's permit at the commencement of the period of disqualification, the licence or permit is cancelled; and

(c)in the case of the expiation of a second or subsequent offence—that, despite the disqualification imposed under this section, the person will, on application made to the Registrar at any time after the half-way point in the period of that disqualification, be entitled to be issued with a licence or learner's permit subject to the alcohol interlock scheme conditions for the required period (in addition to any conditions otherwise required).

(3) However, a person will not be entitled to be issued with a licence or learner's permit in accordance with subsection (2)(c) if—

(a)the person does not meet the requirements of this Act for the issue of the licence or permit; or

(b)a disqualification (other than the disqualification consequent on the expiation of the offence referred to in subsection (2)(c)) has been imposed in relation to the person and is in force at the date of the person's application for the licence or permit or will commence at a later date.

(4) The disqualification consequent on the expiation of the offence referred to in subsection (2)(c) ends if the person is issued with a licence or learner's permit subject to the alcohol interlock scheme conditions.

(5) The required period for which the licence or learner's permit is subject to the alcohol interlock scheme conditions is a number of days equal to twice the number of days remaining in the period of the person's disqualification consequent on the expiation of the offence referred to in subsection (2)(c) immediately before the issuing of the licence or permit.

(6) Section 51 of the Road Traffic Act 1961 applies in relation to a person entitled to be issued with a licence or learner's permit in accordance with subsection (2)(c) in the same way as it applies in relation to a person entitled be issued with a licence or learner's permit in accordance with an order of a court under section 50 of that Act.

(7) In determining whether an offence to which this section applies is a first, second or subsequent offence for the purposes of this section, any previous offence against section 47(1), 47B(1), 47E(3) or 47I(14) of the Road Traffic Act 1961 for which the person has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence to which this section applies is alleged to have been committed.

Amendment of s. 98A—Instructors' licences

16. Section 98A of the principal Act is amended—

(a)by striking out paragraph (a) of subsection (2) and substituting the following paragraph:

(a)holds an unconditional licence and has held an unconditional licence in South Australia or elsewhere for a continuous period of not less than 12 months immediately preceding the date of the application;;

(b)by inserting after subsection (10) the following subsection:

(11) In this section—

"unconditional licence" means a licence not subject to prescribed conditions (as defined in section 81B) or conditions substantially the same as prescribed conditions.

Amendment of s. 98B—Demerit points for offences in this State

17. Section 98B of the principal Act is amended—

(a)by striking out from subsection (3) "Where" and substituting "Subject to this section, if";

(b)by inserting after subsection (3) the following subsections:

(3a) If a person is convicted of or expiates two or more offences arising from the same incident and one of the offences is a red light offence and another is a speeding offence, demerit points are incurred in respect of both the red light offence and the speeding offence.

(3b) If a person is convicted of or expiates an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of two or more prescribed offences arising out of the same incident and one of the prescribed offences is a red light offence and another is a speeding offence, the number of demerit points incurred for the offence against section 79B(2) is the sum of the number of demerit points prescribed by the regulations in relation to the red light offence and the number of demerit points prescribed by the regulations in relation to the speeding offence.

(3c) In subsections (3a) and (3b)—

"prescribed offence" means an offence that is a prescribed offence within the meaning of section 79B of the Road Traffic Act 1961;

"red light offence" means an offence that is a red light offence within the meaning of section 79B of the Road Traffic Act 1961;

"speeding offence" means an offence that is a speeding offence within the meaning of section 79B of the Road Traffic Act 1961.

Amendment of s. 145—Regulations

18. Section 145 of the principal Act is amended by inserting after paragraph (gd) of subsection (1) the following paragraph:

(ge)preventing a person who fails—

(i)a theoretical examination prescribed for the purposes of section 79; or

(ii)a practical driving test, or a practical driving test of a prescribed kind,

from taking a subsequent such examination or test within the prescribed period;.

PART 4

AMENDMENT OF ROAD TRAFFIC ACT 1961

Amendment of s. 5—Interpretation

19. Section 5 of the principal Act is amended—

(a)by inserting before the definition of "air cushioned vehicle" in subsection (1) the following definition:

"accident" includes—

(a)a collision between 2 or more vehicles; or

(b)any other accident or incident involving a vehicle in which a person is killed or injured, property is damaged, or an animal in someone’s charge is killed or injured;;

(b)by inserting after the definition of "pedestrian" in subsection (1) the following definitions:

"photograph" includes an image produced from an electronic record made by a digital or other electronic camera, and "photographic" has a corresponding meaning;

"photographic detection device" means an apparatus of a kind approved by the Governor as a photographic detection device;.

Amendment of s. 43—Duty to stop and give assistance where person killed or injured

20. Section 43 of the principal Act is amended by striking out from subsections (1) and (3) "or incident".

Amendment of s. 47—Driving under influence

21. Section 47 of the principal Act is amended by striking out subsection (4) and substituting the following subsection:

(4) In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous offence against subsection (1) or section 47B(1), 47E(3) or 47I(14) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

Amendment of s. 47A—Interpretation

22. Section 47A of the principal Act is amended—

(a)by striking out from the definitions of "category 1 offence", "category 2 offence" and "category 3 offence" ", where the concentration of alcohol in the blood of the convicted person was" and substituting, in each case, "involving a concentration of alcohol of";

(b)by inserting after its present contents as amended (now to be designated as subsection (1)) the following subsection:

(2) For the purposes of this Act, a person acts as a qualified passenger for a learner driver if—

(a)when the holder of a learner's permit drives a motor vehicle, or attempts to put a motor vehicle in motion, on a road, the person occupies a seat in the vehicle next to the holder of the permit, or, if the vehicle is a motor bike, is a passenger on the bike or in a sidecar attached to the bike; and

(b)the person is the holder of a driver's licence (not being a probationary licence or provisional licence within the meaning of the Motor Vehicles Act 1959) authorising the person to drive the vehicle.

Amendment of s. 47B—Driving while having prescribed concentration of alcohol in blood

23. Section 47B of the principal Act is amended—

(a)by striking out from subsection (3) "a category 2 offence or category 3 offence" and substituting "an offence against subsection (1)";

(b)by striking out paragraph (a) of subsection (3) and substituting the following paragraph:

(a)the court must order that the person be disqualified from holding or obtaining a driver's licence—

(i)in the case of a first offence—

(A)being a category 1 offence—for such period, being not less than 3 months, as the court thinks fit;

(B)being a category 2 offence—for such period, being not less than 6 months, as the court thinks fit;

(C)being a category 3 offence—for such period, being not less than 12 months, as the court thinks fit;

(ii)in the case of a second offence—

(A)being a category 1 offence—for such period, being not less than 6 months, as the court thinks fit;

(B)being a category 2 offence—for such period, being not less than 12 months, as the court thinks fit;

(C)being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;

(iii)in the case of a subsequent offence—

(A)being a category 1 offence—for such period, being not less than 12 months, as the court thinks fit;

(B)being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;

(C)being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;;

(c)by striking out subsections (4) and (5) and substituting the following subsections:

(4) In determining whether an offence is a first, second or subsequent offence for the purposes of this section, any previous offence against subsection (1) or section 47(1), 47E(3) or 47I(14) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

(5) If a person aged 16 years or more is alleged to have committed a category 1 offence that is a first offence, the person cannot be prosecuted for that offence unless he or she has been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act.

Repeal of s. 47DA

24. Section 47DA of the principal Act is repealed.

Amendment of s. 47E—Police may require alcotest or breath analysis

25. Section 47E of the principal Act is amended—

(a)by striking out subsections (1) to (2c) (inclusive) and substituting the following subsections:

(1) Subject to this section, if a member of the police force believes on reasonable grounds that a person—

(a)is driving, or has driven, a motor vehicle; or

(b)is attempting, or has attempted, to put a motor vehicle in motion; or

(c)is acting, or has acted, as a qualified passenger for a learner driver,

the member of the police force may require the person to submit to an alcotest or a breath analysis, or both.

(2) A member of the police force may direct a person driving a motor vehicle to stop the vehicle and may give other reasonable directions for the purpose of making a requirement under this section that a person submit to an alcotest or a breath analysis.

(2a) A person must forthwith comply with a direction under subsection (2).

(2b) The powers conferred by subsection (1) may not be exercised unless—

(a)the Commissioner of Police has devised procedures to be followed by members of the police force in connection with the operation of breath testing stations and the exercise of powers conferred under this section (whether or not in connection with the operation of breath testing stations), being procedures designed—

(i)to ensure that the powers conferred under this section are exercised only for proper purposes and without unfair discrimination against any person or group of persons; and

(ii)to prevent, as far as reasonably practicable, any undue delay or inconvenience to a person stopped only for the purpose of a requirement being made that the person submit to an alcotest or breath analysis; and

(b)the Minister responsible for the administration of the Police Act 1998 has approved the procedures; and

(c)the procedures as approved by that Minister have been published in the Gazette.

(2c) An alcotest or a breath analysis to which a person has been required to submit under subsection (1) may not, in any event, be commenced more than 2 hours after the conduct of the person giving rise to the making of the requirement.;

(b)by striking out subsection (7) and substituting the following subsections:

(7) In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous offence against subsection (3) or section 47(1), 47B(1) or 47I(14) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

(8) The Commissioner of Police must, in his or her annual report to the Minister responsible for the administration of the Police Act 1998, include the following information in relation to the administration of this section during the period of 12 months ending on the preceding 30 June:

(a)the places and times at which alcotests and breath analyses were conducted;

(b)the numbers of drivers required to submit to alcotests and breath analyses, respectively, and the results of those alcotests and breath analyses;

(c)a report on the operation of procedures approved by the Minister under subsection (2b).

Amendment of s. 47FB—Blood tests by nurses where breath analysis taken outside Metropolitan Adelaide

26. Section 47FB of the principal Act is amended by striking out the definition of "registered nurse" in subsection (2) and substituting the following definition:

"registered nurse" means a person who is registered as a nurse under the Nurses Act 1999.

Amendment of s. 47G—Evidence, etc.

27. Section 47G of the principal Act is amended by striking out subsection (3c) and substituting the following subsection:

(3c) A certificate purporting to be signed by a member of the police force and to certify that the procedures approved under section 47E(2b) were complied with in relation to a requirement made of a person named in the certificate to submit to an alcotest or a breath analysis, or both, on a day and at a time specified in the certificate is, in the absence of proof to the contrary, proof of the matters so certified.

Amendment of s. 47GA—Breath analysis where drinking occurs after driving

28. Section 47GA of the principal Act is amended—

(a)by striking out paragraphs (a), (b) and (c) of subsection (2) and substituting the following paragraphs:

(a)that the defendant consumed alcohol during the relevant period; and

(b)that the alcohol was not consumed by the defendant after a member of the police force first exercised powers under section 47E preliminary to the performance of the breath analysis; and

(c)where the requirement to submit to the breath analysis was made after the defendant's involvement as a driver in an accident—that the defendant discharged the duties under this Act required to be discharged at the scene of an accident by a driver of a vehicle involved in the accident; and;

(b)by inserting after subsection (2) the following subsection:

(3) In subsection (2)—

"relevant period" means the period between—

(a)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)the performance of the breath analysis.

Amendment of s. 47I—Compulsory blood tests

29. Section 47I of the principal Act is amended—

(a)by striking out subsection (14b) and substituting the following subsection:

(14b) In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous offence against subsection (14) or section 47(1), 47B(1) or 47E(3) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.;

(b)by striking out the definition of "accident" in subsection (19).

Amendment of s. 47IA—Certain offenders to attend lectures

30. Section 47IA of the principal Act is amended by striking out from the definition of "prescribed first or second offence" in subsection (3) ", but does not include an offence against section 47B(1) that is a category 1 offence".

Amendment of s. 49—Cases where Division applies

31. Section 49 of the principal Act is amended by striking out paragraphs (b) and (c) of subsection (2) and substituting the following paragraph:

(b)an offence against section 47B(1), 47E(3) or 47I(14).

Amendment of s. 79B—Provisions applying where certain offences are detected by photographic detection devices

32. Section 79B of the principal Act is amended—

(a)by striking out the definition of "photographic detection device" in subsection (1);

(b)by inserting after the definition of "red light offence" in subsection (1) the following definition:

"speeding offence" means a prescribed offence defined by the regulations as a speeding offence.;

(c)by striking out the penalty provision at the foot of subsection (2) and substituting the following penalty provision:

Penalty:

If the vehicle appears to have been involved in a red light offence and a speeding offence arising out of the same incident—

(a)where the owner is a body corporate—$4 000;

(b)where the owner is a natural person—$2 500.

In any other case—

(a)where the owner is a body corporate—$2 000;

(b)where the owner is a natural person—$1 250.;

(d)by striking out subsection (2a) and substituting the following subsection:

(2a) The expiation fee for an alleged offence against this section is as follows:

(a)if the vehicle appears to have been involved in a red light offence and a speeding offence arising out of the same incident—

(i)where the owner is a body corporate—an amount equal to the sum of the amount of the expiation fees for such alleged offences where the owner is a natural person and $600;

(ii)where the owner is a natural person—an amount equal to the sum of the amount of the expiation fees fixed by the regulations for such alleged offences;

(b)in any other case—

(i)where the owner is a body corporate—an amount equal to the sum of the amount of the expiation fee for the alleged offence in which the vehicle appears to have been involved where the owner is a natural person and $300;

(ii)where the owner is a natural person—the amount of the expiation fee fixed by the regulations for the alleged offence in which the vehicle appears to have been involved.;

(e)by striking out subsections (4) and (4a) and substituting the following subsection:

(4) A prosecution must not be commenced against an owner (other than a body corporate) for an offence against this section unless the owner has first been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act.;

(f)by striking out subsections (7) and (8) and substituting the following subsections:

(7) Where a person is found guilty of, or expiates, a prescribed offence, neither that person nor any other person is liable to be found guilty of, or to expiate, an offence against this section in relation to the same incident.

(8) Where a person is found guilty of, or expiates, an offence against this section, neither that person nor any other person is liable to be found guilty of, or to expiate, a prescribed offence in relation to the same incident.;

(g)by inserting after subsection (9) the following subsection:

(9a) A photographic detection device may not be operated for the purpose of obtaining evidence of the commission of a red light offence and a speeding offence arising out of the same incident except at locations approved by the Minister from time to time and notified in the Gazette.;

(h)by striking out subparagraph (i) of subsection (10)(a) and substituting the following subparagraph:

(i)the photograph or each of the photographs was produced from an exposure taken, or electronic record made, by a photographic detection device; and;

(i)by inserting in subsection (10)(a) "or the electronic record made by the photographic detection device" after "exposure was taken".

Amendment of s. 175—Evidence

33. Section 175 of the principal Act is amended—

(a)by striking out paragraph (ba) of subsection (3) and substituting the following paragraph:

(ba)a document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other member of the police force of or above the rank of inspector, and purporting to certify that a specified traffic speed analyser had been tested on a specified day and was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof of the facts certified and that the traffic speed analyser was accurate to that extent on the day on which it was so tested and, for the purpose of measuring the speed of any motor vehicle—

(i)in the case of a traffic speed analyser that was, at the time of measurement, mounted in a fixed housing—during the period of 6 days immediately following that day; or

(ii)in any other case—on the day following that day,

whether or not the speed measured differed from the speed in relation to which the analyser was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test;;

(b)by inserting after subsection (3) the following subsection:

(4) For the purposes of subsection (3)(ba), a traffic speed analyser will be taken to have been mounted in a fixed housing at the time of measuring the speed of a motor vehicle if it was, at that time, mounted in a structure that was affixed to the ground at the particular location with the prior approval of the Minister.

By Authority: J. D. Ferguson, Government Printer, South Australia

South Australian Bills

STATUTES AMENDMENT (ROAD SAFETY REFORMS) BILL 2002