South Australian Numbered Acts

STATUTES AMENDMENT (DRINK AND DRUG DRIVING) ACT 2017 (NO 63 OF 2017) - SECT 24

24—Amendment of section 47E—Police may require alcotest or breath analysis

        (1)         Section 47E—after subsection (3) insert:

        (3a)         If—

            (a)         a person has engaged in conduct of a kind described in subsection (1)(a), (b) or (c) involving a motor vehicle; and

            (b)         such conduct occurred while a child under the age of 16 years was present in or on that vehicle; and

            (c)         the person refuses or fails to comply with a direction of a police officer (given in relation to such conduct) in contravention of subsection (3),

the person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (3).

        (3b)         If a person is charged with an offence against subsection (3a)

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 (3) if the court is satisfied that an offence against subsection (3) has been so established.

        (2)         Section 47E(4)—after "subsection (3)" insert:

or (3a)

        (3)         Section 47E(6)—after "subsection (3)" insert:

or (3a)