AustLII Tasmanian Consolidated Acts

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- Act 77 of 1970
- Royal Assent 11 January 1971


           Long Title

   PART I - Preliminary

   1.      Short title and commencement
   2.      Interpretation
   2A.     Meaning of relevant time
   2B.     Person liable to submit to analysis, examination, &c., to comply
           with police requirements
   3.      Approved analysts and approved operators
   3A.     Delegation

   PART II - Offences related to the taking of alcohol and drugs and
   the detection thereof Division 1 - Driving under the influence of
   alcohol or drugs

   4.      Driving while under the influence of alcohol, drugs, &c.,
   5.      Powers of arrest, &c.
   5A.     Powers in relation to vehicles
   6.      Driving with excessive concentration of breath or blood alcohol
   6A.     Driving with prescribed illicit drug in blood
   7.      Consumption, &c., of intoxicating liquor in motor vehicles

           Division 2 - Examination of persons for alcohol or drugs

   7AA.    Application of Part
   7A.     Power of police officer to require driver of motor vehicle to
           undergo breath test
   7B.     Power of police officer to require driver of motor vehicle to
           undergo oral fluid test
   7C.     Liability to provide blood sample following oral fluid test
   7D.     Trace particle detection tests
   8.      Liability for breath test as a result of conduct
   8A.     Liability for oral fluid test or oral fluid analysis as result of
   9.      Liability for medical examination where condition may not be due to
   10.     Enforcement of obligation to provide blood sample or submit to
           breath analysis or medical examination
   10A.    Blood samples to be provided in certain cases
   10B.    Subsequent testing and samples in certain cases
   11.     Rights and obligations on completion of breath analysis or oral
           fluid analysis
   12.     Examination, &c., of persons incapable of consenting
   13.     Duties of medical practitioners and nurses in relation to taking of
           blood samples, &c.
   13A.    Retention of blood sample during detention in custody
   13B.    Analysis of blood samples by approved analyst
   13C.    Analysis of oral fluid samples by approved analyst
   14.     Offences under Division 2

           Division 3 - Supplementary provisions

   15.     Identification of offenders
   16.     Proceedings before magistrate
   17.     Penalties for drink-driving offences, &c.
   17A.    Penalties for other offences
   17B.    Section 17B
   18.     Section 18
   18A.    Traffic infringement notice may be issued in certain circumstances
   18B.    Immediate disqualification in certain circumstances
   18C.    Commencement of period of disqualification
   18D.    Cancellation of road safety disqualification notice
   18E.    Appeal against road safety disqualification notice
   19.     Special hardship orders
   19A.    Driving while disqualified under this Act
   19B.    Section 19B
   20.     Concurrent offences not treated separately
   21.     Avoidance of certain provisions in contracts of insurance
   21A.    Prohibited analysis of blood or oral fluid

   PART III - Evidentiary provisions Division 1 - Evidence in certain
   criminal proceedings

   22.     Application of Division 1
   23.     Statutory presumptions with respect to breath analyses and blood
           tests, &c.
   23A.    Statutory presumptions with respect to prescribed illicit drugs
   24.     Restrictions on admission of evidence of breath analysis
   25.     Evidence as to carrying out of breath analysis
   25A.    Evidence of matters related to refusal to submit to breath analysis
   26.     Certificates and records of approved analyst and approved operators
   27.     Certificate in relation to taking of blood samples
   27A.    Certificate in relation to taking of certain oral fluid samples
   28.     Certificates of analysis of blood samples
   28A.    Certificates of analysis of oral fluid samples
   29.     Limitation on tendering of certificates, &c., in evidence
   29A.    Section 177A of the Evidence Act 2001 not to apply
   29B.    Certificate as to alcohol dependency

           Division 2 - Restriction on use of certain evidence

   30.     Evidence as to analyses, &c., inadmissible in certain proceedings

   PART IV - Supplementary provisions

   30A.    Costs of tests, analyses or examinations
   31.     Regulations
   32.     Protection from liability
   33.     Destruction of samples
   34.     Savings and transitionals
           SCHEDULE 1
           SCHEDULE 2

[ Note: This table has been automatically generated and may be incomplete. ]

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