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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment (Blood Alcohol
Content) Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. Act amended 3
4. Section 71 replaced 3
71. Evidence of blood alcohol content for
offences against s. 62B, 63, 64, 64AA,
64A and 64AAA 3
5. Section 110 inserted 4
110. Savings provisions for the Road Traffic
Amendment (Blood Alcohol Content)
Act 2019 4
Part 3 -- Amendments to other Acts
Division 1 -- Road Traffic Amendment (Alcohol
Interlocks and Other Matters) Act 2015
amended
6. Act amended 5
7. Section 9 deleted 5
Division 2 -- Road Traffic Legislation
Amendment Act 2016 amended
8. Act amended 5
9. Section 64 deleted 5
117--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic Amendment (Blood Alcohol
Content) Bill 2019
A Bill for
An Act to amend the Road Traffic Act 1974 to remove the back
calculation of blood alcohol content and to make minor amendments
to --
the Road Traffic Amendment (Alcohol Interlocks and Other
Matters) Act 2015; and
the Road Traffic Legislation Amendment Act 2016.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment (Blood Alcohol Content) Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Amendment (Blood Alcohol Content)
4 Act 2019.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on the 28th day after that day.
page 2
Road Traffic Amendment (Blood Alcohol Content) Bill 2019
Road Traffic Act 1974 amended Part 2
s. 3
1 Part 2 -- Road Traffic Act 1974 amended
2 3. Act amended
3 This Part amends the Road Traffic Act 1974.
4 4. Section 71 replaced
5 Delete section 71 and insert:
6
7 71. Evidence of blood alcohol content for offences
8 against s. 62B, 63, 64, 64AA, 64A and 64AAA
9 (1) In any proceeding for an offence against section 62B
10 the instructor is, in the absence of proof to the contrary,
11 taken to have a particular blood alcohol content at the
12 time of the driving instruction if it is proved that the
13 instructor had the blood alcohol content --
14 (a) in the case where the sample was taken under
15 section 66(8B), at any time within 12 hours
16 after the time that the instructor was providing
17 the instruction; or
18 (b) in any other case, at any time within 4 hours
19 after the time that the instructor was providing
20 the instruction.
21 (2) In any proceeding for an offence against section 63, 64,
22 64AA, 64A or 64AAA the person charged is, in the
23 absence of proof to the contrary, taken to have a
24 particular blood alcohol content at the time of the
25 driving or attempted driving if it is proved that the
26 person had the blood alcohol content --
27 (a) in the case where the sample was taken under
28 section 66(8B), at any time within 12 hours
29 after the driving or attempted driving; or
30 (b) in any other case, at any time within 4 hours
31 after the driving or attempted driving.
32
page 3
Road Traffic Amendment (Blood Alcohol Content) Bill 2019
Part 2 Road Traffic Act 1974 amended
s. 5
1 5. Section 110 inserted
2 After section 109 insert:
3
4 110. Savings provisions for the Road Traffic Amendment
5 (Blood Alcohol Content) Act 2019
6 (1) In this section --
7 commencement day means the day on which the Road
8 Traffic Amendment (Blood Alcohol Content) Act 2019
9 section 4 comes into operation;
10 former Act means the Road Traffic Act 1974 as in
11 force immediately before commencement day.
12 (2) A person's blood alcohol content must be calculated in
13 accordance with the former Act if --
14 (a) a sample of the person's breath or blood was
15 provided or taken for analysis under Part V
16 Division 2 of the former Act; and
17 (b) the sample is to be used for the calculation of
18 the person's blood alcohol content for the
19 purposes of proceedings referred to in
20 section 70(1) of the Act.
21
page 4
Road Traffic Amendment (Blood Alcohol Content) Bill 2019
Amendments to other Acts Part 3
Road Traffic Amendment (Alcohol Interlocks and Other Division 1
Matters) Act 2015 amended
s. 6
1 Part 3 -- Amendments to other Acts
2 Division 1 -- Road Traffic Amendment (Alcohol Interlocks and
3 Other Matters) Act 2015 amended
4 6. Act amended
5 This Division amends the Road Traffic Amendment (Alcohol
6 Interlocks and Other Matters) Act 2015.
7 7. Section 9 deleted
8 Delete section 9.
9 Division 2 -- Road Traffic Legislation Amendment Act 2016
10 amended
11 8. Act amended
12 This Division amends the Road Traffic Legislation Amendment
13 Act 2016.
14 9. Section 64 deleted
15 Delete section 64.
16
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