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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety Amendment (Mandatory Drug
Testing) Bill 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 3
3 Definition of prescribed illicit drug 3
4 Offences involving alcohol or other drugs 3
5 Amendment of section 55B 4
6 New section 55BA inserted 4
55BA Blood and urine samples--accidents resulting in death or
serious injury 4
7 Evidentiary provisions--blood tests 7
8 Surrender of motor vehicle 7
9 Amendment to Schedule 1A 7
PART 3--AMENDMENT OF ROAD SAFETY AMENDMENT
ACT 2014 8
10 Offences involving alcohol or other drugs 8
PART 4--REPEAL OF AMENDING ACT 9
11 Repeal 9
ENDNOTES 10
571559B.I-14/10/2014 i BILL LC INTRODUCTION 14/10/2014
PARLIAMENT OF VICTORIA
Introduced in the Council
Road Safety Amendment (Mandatory
Drug Testing) Bill 2014
A Bill for an Act to amend the Road Safety Act 1986 to provide that
it is an offence for a person to drive a motor vehicle with any
concentration of a substance in the person's blood indicative of recent
heroin use, to provide for the mandatory drug testing of the driver of a
motor vehicle that is involved in an accident that has resulted in
serious injury or death of another person and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the Road
Safety Act 1986--
5 (a) to provide that it is an offence for a person to
drive a motor vehicle with any concentration
of a substance in the person's blood
indicative of recent heroin use; and
571559B.I-14/10/2014 1 BILL LC INTRODUCTION 14/10/2014
Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 1--Preliminary
s. 2
(b) to provide for the mandatory drug testing of
the driver of a motor vehicle that is involved
in an accident that has resulted in serious
injury or death of another person.
5 2 Commencement
(1) This Part and Part 3 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Parts 2 and 4 come into operation on 1 August
10 2015.
__________________
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Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 2--Amendment of Road Safety Act 1986
s. 3
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
3 Definition of prescribed illicit drug
In section 3(1) of the Road Safety Act 1986, in See:
Act No.
the definition of prescribed illicit drug-- 127/1986.
Reprint No. 15
5 (a) in paragraph (ab), for "(MDMA);" as at
20 February
substitute "(MDMA); or"; 2013
and
(b) after paragraph (ab) insert-- amending
Act Nos
"(ac) 6-monoacetylmorphine (6-MAM); or 19/1991,
34/2011,
(ad) morphine; or". 75/2012,
76/2012,
22/2013,
30/2013,
43/2013,
55/2013,
56/2013,
67/2013,
70/2013,
74/2013,
37/2014,
40/2014,
47/2014,
49/2014 and
51/2014.
LawToday:
www.
legislation.
vic.gov.au
10 4 Offences involving alcohol or other drugs
(1) In section 49(1) of the Road Safety Act 1986--
(a) in paragraph (ea), after "section 55B(1)"
insert "or 55BA(2)";
(b) in paragraphs (g) and (i), for "section 55,
15 55B, 55E or 56" substitute "section 55, 55B,
55BA, 55E or 56".
(2) After section 49(3C) of the Road Safety Act 1986
insert--
"(3D) If a person is charged under paragraph (bb),
20 (bc), (h), (i) or (j) of subsection (1) on the
basis that the person has driven a motor
vehicle while morphine is present in the
571559B.I-14/10/2014 3 BILL LC INTRODUCTION 14/10/2014
Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 2--Amendment of Road Safety Act 1986
s. 5
person's blood, it is a defence to that charge
for the person charged to prove that the
presence of morphine in the person's blood
was caused by the consumption of a
5 substance for medical reasons or therapeutic
purposes.".
5 Amendment of section 55B
(1) Insert the following heading to section 55B of the
Road Safety Act 1986--
10 "Blood and urine samples--persons
assessed to be impaired by drugs".
(2) After section 55B(1A) of the Road Safety Act
1986 insert--
"(1B) A police officer must not require a person to
15 allow a sample of the person's blood to be
taken for analysis or to furnish a sample of
the person's urine for analysis under
subsection (1) if the person has already had a
sample of blood taken from the person or the
20 person has already furnished a sample of
urine under section 55BA.".
6 New section 55BA inserted
After section 55B of the Road Safety Act 1986
insert--
25 "55BA Blood and urine samples--accidents
resulting in death or serious injury
(1) This section applies if a police officer attends
the scene of an accident involving one or
more motor vehicles and the police officer
30 believes on reasonable grounds that the
accident has resulted in death or serious
injury.
(2) Subject to subsections (4) and (5), the police
officer must require each person who the
35 police officer reasonably believes was, or
571559B.I-14/10/2014 4 BILL LC INTRODUCTION 14/10/2014
Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 2--Amendment of Road Safety Act 1986
s. 6
may have been, driving a motor vehicle
involved in the accident at the time of the
accident to do either or both of the
following--
5 (a) allow a registered medical practitioner
or an approved health professional
nominated by the police officer to take
from the person a sample of that
person's blood for analysis;
10 (b) furnish to a registered medical
practitioner or an approved health
professional nominated by the police
officer a sample of that person's urine
for analysis.
15 (3) For the purpose of subsection (2), the police
officer may require the person to accompany
a police officer to a place where the sample
is, or the samples are, to be taken or
furnished and to remain there until the
20 sample or samples required to be taken or
furnished has or have been taken or
furnished or until 3 hours after the accident,
whichever is sooner.
(4) A person is not obliged to allow a sample of
25 the person's blood to be taken for analysis or
to furnish a sample of the person's urine for
analysis if more than 3 hours have passed
since the accident.
(5) A police officer must not require a person to
30 allow a sample of the person's blood to be
taken for analysis or to furnish a sample of
the person's urine for analysis under this
section if the person is taken to a place for
examination or treatment in consequence of
35 the accident.
571559B.I-14/10/2014 5 BILL LC INTRODUCTION 14/10/2014
Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 2--Amendment of Road Safety Act 1986
s. 6
(6) The registered medical practitioner or
approved health professional who takes a
sample of blood or is furnished with a
sample of urine under this section must
5 deliver a part of the sample to the police
officer who required it to be taken or
furnished and another part to the person from
whom it was taken or by whom it was
furnished.
10 (7) A person must not hinder or obstruct a
registered medical practitioner or an
approved health professional attempting to
take a sample of the blood, or be furnished
with a sample of the urine, of any other
15 person in accordance with this section.
Penalty: 12 penalty units.
(8) No action lies against a registered medical
practitioner or an approved health
professional in respect of anything properly
20 and necessarily done by the practitioner or
approved health professional in the course of
taking any sample of blood, or being
furnished with any sample of urine, which
the practitioner or approved health
25 professional believed on reasonable grounds
was required to be taken from, or be
furnished by, any person under this section.
(9) Without limiting sections 57 and 57A, if a
sample of a person's blood or urine is taken
30 or furnished in accordance with this section,
the results of the analysis of the sample may
be given to the Corporation for the purposes
of accident research.
(10) Nothing in this section prevents a police
35 officer from requiring a person to undergo an
assessment of drug impairment in
accordance with section 55A.".
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Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 2--Amendment of Road Safety Act 1986
s. 7
7 Evidentiary provisions--blood tests
In section 57(9) of the Road Safety Act 1986, for
"sections 55(9A), 55B, 55E(13) and 56"
substitute "sections 55(9A), 55B, 55BA, 55E(13)
5 and 56".
8 Surrender of motor vehicle
In section 84H(2)(a)(ia)(A) of the Road Safety
Act 1986, for "section 55(9A), 55B(1)(a), 55E(13)
or 56(2)" substitute "section 55(9A), 55B(1)(a),
10 55BA(2)(a), 55E(13) or 56(2)".
9 Amendment to Schedule 1A
In Schedule 1A to the Road Safety Act 1986, for
item 6 substitute--
"6 Section 50 Offence under Before, on or 6 months
section after 13 May
49(1)(ba) or 2002
(ca)
6A Section 50 Offence under Before, on or 6 months
section after 13 May
49(1)(ea) of 2002
refusing to
comply with a
requirement
under section
55B(1)
6B Section 50 Offence under On or after 6 months".
section 1 August 2015
49(1)(ea) of
refusing to
comply with a
requirement
under section
55BA(2)
__________________
571559B.I-14/10/2014 7 BILL LC INTRODUCTION 14/10/2014
Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 3--Amendment of Road Safety Amendment Act 2014
s. 10
PART 3--AMENDMENT OF ROAD SAFETY AMENDMENT
ACT 2014
10 Offences involving alcohol or other drugs
See: In section 7(3) of the Road Safety Amendment
Act No.
5 49/2014. Act 2014, in proposed section 49(1)(j) of the
Statute Book: Road Safety Act 1986, for "section 55, 55B, 55E
legislation.
vic.gov.au or 56" substitute "section 55, 55B, 55BA, 55E or
56".
__________________
571559B.I-14/10/2014 8 BILL LC INTRODUCTION 14/10/2014
Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Part 4--Repeal of Amending Act
s. 11
PART 4--REPEAL OF AMENDING ACT
11 Repeal
This Act is repealed on 1 August 2016.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Road Safety Amendment (Mandatory Drug Testing) Bill 2014
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571559B.I-14/10/2014 10 BILL LC INTRODUCTION 14/10/2014
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