South Australian Numbered Acts

STATUTES AMENDMENT (DRINK DRIVING) ACT 2005 (NO 6 OF 2005) - SECT 11

11—Amendment of section 47GA—Breath analysis where drinking occurs after driving

        (1)         Section 47GA(2)(a), (b) and (c)—delete paragraphs (a), (b) and (c) and substitute:

            (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

        (2)         Section 47GA—after subsection (2) insert:

        (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.