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Road Safety Amendment (Mandatory
Drug Testing) Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill, which is to amend the Road
Safety Act 1986--
· to provide that 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
· to establish a mandatory regime where a driver of a
motor vehicle that is involved in an accident resulting in
serious injury or death must undergo a drug test.
Clause 2 provides for the commencement of the Bill.
Part 1 and Part 3 of the Bill are to come into effect on the day
after the day on which the Act receives Royal Assent which
means that the amendment to the Road Safety Amendment Act
2014 will take effect immediately, however the provision of that
Act being amended is not to come into operation until 1 August
2015. Parts 2 and 4 are to come into operation on 1 August 2015.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
Clause 3 amends the definition of prescribed illicit drug in section 3(1)
of the Road Safety Act 1986 to include the metabolites of
heroin. As heroin breaks down soon after being ingested, its use
can only be detected by the presence in a person's blood or urine
of certain metabolites. Accordingly, those metabolites
(6-monoacetylmorphine (also known as 6-MAM) and morphine)
will be included in the definition of prescribed illicit drug with
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methylamphetamine, cannabis (THC) and ecstasy (MDMA).
This will result in any testing of a person's blood or urine
conducted under the Road Safety Act 1986 also being tested to
detect whether the person has recently taken heroin (specifically,
its metabolites).
Clause 4 amends section 49 of the Road Safety Act 1986 (Offences
involving alcohol or other drugs).
Subclause (1) amends section 49(1)(ea), to include an offence of
refusing to comply with a requirement under new section
55BA(2).
Subclause (1) also amends sections 49(1)(g) and 49(1)(i) which
provide for offences for a person to have a prescribed
concentration of a prescribed illicit drug in a blood sample.
Subclause (1) includes in those provisions a sample of blood
taken under new section 55BA.
Subclause (2) inserts new section 49(3D) to introduce a defence
to the various charges under section 49(1) of driving a motor
vehicle while morphine is present in the drivers blood, if it can be
proved that the presence of morphine is a result of consuming a
substance for medical or therapeutic reasons.
Clause 5 substitutes a new heading for section 55B of the Road Safety
Act 1986, to specify that it is relevant to the taking of blood and
urine samples for drug testing when the person has been assessed
to be impaired by drugs in accordance with section 55A. This is
necessary because new section 55BA also deals with the taking
of blood and urine samples.
Subclause (2) inserts a new subsection (1B) in section 55B so
that a person who has given a blood sample or furnished a urine
sample under new section 55BA will not be asked to provide a
blood sample or urine sample for the purposes of section 55B.
Clause 6 inserts a new section 55BA in the Road Safety Act 1986, headed
"Blood and urine sample--accidents resulting in death or serious
injury".
New subsection (1) states that the section applies if there is an
accident that a police officer believes on reasonable grounds has
resulted in death or serious injury.
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New subsection (2) provides that a police officer must require
each person who the police officer reasonably believes was, or
may have been, driving a motor vehicle involved in the accident
to provide a blood or urine sample for drug testing.
New subsection (4) provides that the sample must be provided
within 3 hours of the motor vehicle accident.
New subsection (5) provides that the requirement under
subsection (2) will not apply to a person who is admitted to a
medical facility for examination or treatment. In that case,
section 56 of the Road Safety Act 1986, which provides for the
testing of blood of such persons, will apply.
The new section sets out the procedure for taking the sample, and
makes it an offence to hinder or obstruct a medical practitioner
attempting to take the sample.
The new section provides for the results of the sample analysis to
be given to the Corporation for the purposes of accident research.
Clause 7 amends section 57 of the Road Safety Act 1986, which relates to
evidentiary provisions for blood tests, to include new section
55BA as a valid reason for taking a blood sample.
Clause 8 amends section 84H of the Road Safety Act 1986 to include an
offence in relation to a blood sample taken under new
section 55BA as a relevant offence. If the police officer believes
on reasonable grounds that the motor vehicle had been used in
the commission of that offence, they may serve notice for the
surrender of the motor vehicle.
Clause 9 amends Schedule 1A of the Road Safety Act 1986 to include the
new offence under section 49(1)(ea) of refusing to comply with a
requirement under new section 55BA(2). Schedule 1A lists those
offences under which an assessment report may be required about
the person's usage of alcohol or drugs, before applying for a
licence eligibility order.
PART 3--AMENDMENT OF ROAD SAFETY AMENDMENT
ACT 2014
Clause 10 amends section 7(3) of the Road Safety Amendment Act 2014,
which inserts new section 49(1)(j) in the Road Safety Act 1986,
to include a reference to new section 55BA. The proposed new
section 49(1)(j) inserts a new offence of providing a blood
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sample within 3 hours of driving or being in charge of a motor
vehicle which contains the prescribed concentration of alcohol or
more than the prescribed concentration of alcohol and a
prescribed illicit drug in any concentration.
PART 4--REPEAL OF AMENDING ACT
Clause 11 provides that the Bill will be repealed on 1 August 2016.
The repeal of the Bill 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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