South Australian Numbered Acts South Australian Numbered Acts21—Amendment of section 47BA—Driving with prescribed drug in oral fluid or blood
(1) Section 47BA—after subsection (1) insert:
(1a) If a person engages in conduct involving a motor vehicle that constitutes an offence against subsection (1) while a child under the age of 16 years is present in or on that motor vehicle, the person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1).
(1b) If a person is charged with an offence against subsection (1a)
but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (1) if the court is satisfied that an offence against subsection (1) has been so established.
(2) Section 47BA(2)—delete "subsection (1)" and substitute:
this section
(3) Section 47BA(4)—delete subsection (4) and substitute:
(4) If a court convicts a person of an offence against this section, the following provisions apply:
(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—for such period, being not less than 6 months, as the court thinks fit;
(ii) in the case of a second offence—for such period, being not less than 12 months, as the court thinks fit;
(iii) in the case of a third offence—for such period, being not less than 2 years, as the court thinks fit;
(iv) in the case of a subsequent offence—for such period, being not less than 3 years, as the court thinks fit;
(b) the disqualification prescribed by paragraph (a)
cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than 1 month;
(c) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;
(d) the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959
on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.