South Australian Numbered Acts

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

6—Amendment of section 47A—Interpretation

        (1)         Section 47A(1)—after the definition of "gross vehicle mass insert:

"prescribed circumstances"—a requirement to submit to an alcotest or breath analysis under section 47E, or a direction to stop a vehicle for the purpose of making such a requirement, is made or given in prescribed circumstances if the member of the police force who makes the requirement or gives the direction believes on reasonable grounds that the person of whom the requirement is, or is to be, made has, within the preceding 2 hours—

            (a)         committed an offence of a prescribed class; or

            (b)         behaved in a manner that indicates that his or her ability to drive a motor vehicle is impaired; or

            (c)         been involved as a driver in an accident;

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

        (2a)         For the purposes of this Act, a member of the police force "exercises random testing powers" if, in accordance with section 47E—

            (a)         the member requires a person to submit to an alcotest or breath analysis or directs a person driving a motor vehicle to stop the vehicle for the purpose of requiring a person to submit to an alcotest or breath analysis; and

            (b)         the requirement is made, or the direction is given, otherwise than in prescribed circumstances.

        (3)         Section 47A(3)—after "47B(4)," insert:

47B(6),