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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment (Alcohol and Drug
Related Offences) Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. Act amended 3
4. Section 42C amended 3
5. Section 63 amended 3
6. Section 64 amended 4
7. Section 64AA amended 6
8. Section 64A amended 7
9. Section 64AAA replaced 10
64AAA. Certain persons driving with any blood
alcohol content 10
10. Section 64AB amended 11
11. Section 64AC amended 12
12. Section 66 amended 12
13. Section 67 amended 12
14. Section 67AA amended 13
15. Section 67AB amended 14
16. Section 98 amended 14
176--2 page i
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Contents
Part 3 -- Road Traffic
(Administration)
Act 2008 amended
17. Act amended 16
18. Section 109 amended 16
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Road Traffic Amendment (Alcohol and Drug
Related Offences) Bill 2010
A Bill for
An Act to amend the Road Traffic Act 1974 and to make
consequential amendments to the Road Traffic (Administration)
Act 2008.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Amendment (Alcohol and Drug Related
4 Offences) Act 2010.
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 a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
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 42C amended
5 In section 42C(1) delete "97(b)" and insert:
6
7 97(2)(b)
8
9 5. Section 63 amended
10 (1) In section 63(2):
11 (a) in paragraph (a)(ii) delete "16 PU" and insert:
12
13 18 PU
14
15 (b) in paragraph (a)(ii) delete "6 months;" and insert:
16
17 10 months;
18
19 (c) in paragraph (b) delete "30 PU" and insert:
20
21 42 PU
22
23 (d) in paragraph (b) delete "2 years; and" and insert:
24
25 30 months; and
26
page 3
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 6
1 (e) in paragraph (c) delete "40 PU" and insert:
2
3 42 PU
4
5 (2) Delete section 63(6) and insert:
6
7 (6) A person charged with an offence against this section
8 may, instead of being convicted of that offence, be
9 convicted of --
10 (a) an offence against section 64, 64AA, 64AB or
11 64AC; or
12 (b) an offence against section 64A(1) or 64AAA(1)
13 if, at the time of the alleged offence, the person
14 was a person to whom section 64A(1) applied;
15 or
16 (c) an offence against section 64A(4) or 64AAA(2)
17 if, at the time of the alleged offence, the motor
18 vehicle concerned was a motor vehicle to which
19 section 64A(4) applied.
20
21 6. Section 64 amended
22 (1) In section 64(2) delete the Table and the note after it and insert:
23
24 Table
Blood alcohol First Second Subsequent
content offence offence offence
(g/100ml)
≥ 0.08 Min: 10 PU 12 PU 12 PU
but Max: 30 PU 30 PU 30 PU
< 0.09 Disq: 6 months 8 months 10 months
page 4
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 6
Blood alcohol First Second Subsequent
content offence offence offence
(g/100ml)
≥ 0.09 Min: 11 PU 18 PU 18 PU
but Max: 30 PU 30 PU 30 PU
< 0.11 Disq: 7 months 10 months 13 months
≥ 0.11 Min: 13 PU 24 PU 24 PU
but Max: 30 PU 40 PU 40 PU
< 0.13 Disq: 8 months 14 months 17 months
≥ 0.13 Min: 15 PU 32 PU 32 PU
Max: 30 PU 50 PU 60 PU
Disq: 9 months 18 months 30 months
1 Note: ≥ signifies of or above
2 < signifies less than
3
4 (2) Delete section 64(4) and insert:
5
6 (4) A person charged with an offence against this section
7 may, instead of being convicted of that offence, be
8 convicted of --
9 (a) an offence against section 64AA; or
10 (b) an offence against section 64A(1) or 64AAA(1)
11 if, at the time of the alleged offence, the person
12 was a person to whom section 64A(1) applied;
13 or
14 (c) an offence against section 64A(4) or 64AAA(2)
15 if, at the time of the alleged offence, the motor
16 vehicle concerned was a motor vehicle to which
17 section 64A(4) applied.
18
page 5
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 7
1 7. Section 64AA amended
2 (1) In section 64AA(2) delete "4 PU." and insert:
3
4 10 PU.
5
6 (2) In section 64AA(2a) delete the Table and the note after it and
7 insert:
8
9 Table
Blood alcohol Second offence Subsequent
content offence
(g/100ml)
≥ 0.05 Min: 10 PU 10 PU
but Max: 20 PU 20 PU
< 0.07 Disq: 6 months 8 months
≥ 0.07 Min: 12 PU 12 PU
Max: 20 PU 20 PU
Disq: 8 months 10 months
10 Note: ≥ signifies of or above
11 < signifies less than
12
13 (3) Delete section 64AA(3) and insert:
14
15 (3) A person charged with an offence against this section
16 may, instead of being convicted of that offence, be
17 convicted of --
18 (a) an offence against section 64A(1) or 64AAA(1)
19 if, at the time of the alleged offence, the person
20 was a person to whom section 64A(1) applied;
21 or
page 6
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 8
1 (b) an offence against section 64A(4) or 64AAA(2)
2 if, at the time of the alleged offence, the motor
3 vehicle concerned was a motor vehicle to which
4 section 64A(4) applied.
5
6 8. Section 64A amended
7 (1) In section 64A(1) in the Penalty delete "2 PU" and insert:
8
9 3 PU
10
11 (2) Delete section 64A(2)(a) and (b) and insert:
12
13 (a) is a novice driver as defined in section 104(2);
14 or
15
16 (3) Delete section 64A(4) and insert:
17
18 (4) A person who drives or attempts to drive a motor
19 vehicle to which this subsection applies while having a
20 blood alcohol content of or above 0.02g of alcohol per
21 100ml of blood commits an offence.
22 Penalty: not less than 3 PU or more than 6 PU; and, in
23 any event, the court convicting a person shall order
24 that the person be disqualified from holding or
25 obtaining a driver's licence for a period of not less
26 than 3 months.
27 (4A) Subsection (4) does not apply to a person who drives or
28 attempts to drive a motor vehicle described in
29 subsection (5)(a) or (d) if the person --
30 (a) is a person of a class prescribed by the
31 regulations for the purposes of this paragraph;
32 and
page 7
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 8
1 (b) is driving or attempting to drive the vehicle in
2 the course of responding to an incident as
3 defined in the Fire and Emergency Services
4 Authority of Western Australia Act 1998
5 section 3.
6 (5) Subsection (4) applies to a motor vehicle --
7 (a) that is equipped to seat more than 12 adult
8 persons (including the driver), if, at the relevant
9 time, the vehicle is carrying passengers,
10 whether or not the passengers are being carried
11 for hire or reward; or
12 (b) that is an omnibus as defined in the Transport
13 Co-ordination Act 1966 section 4(1), but is not
14 a vehicle referred to in paragraph (a), if, at the
15 relevant time, the vehicle is carrying passengers
16 for hire or reward; or
17 (c) on which taxi plates issued under the Taxi
18 Act 1994 are being used, or in respect of which
19 a taxi-car licence has been issued under the
20 Transport Co-ordination Act 1966 Part IIIB, if,
21 at the relevant time, the vehicle is carrying
22 passengers for hire or reward; or
23 (d) that has a gross combination mass exceeding
24 22.5 tonnes; or
25 (e) that is of a class prescribed by the regulations
26 for the purposes of this paragraph, if, at the
27 relevant time, the vehicle is being used to
28 transport dangerous goods as defined in the
29 Dangerous Goods Safety Act 2004 section 3(1).
page 8
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 8
1 (6) For the purposes of subsection (5)(d) --
2 gross combination mass means the greatest possible
3 sum of the maximum loaded mass of the motor vehicle
4 and of any vehicles that may lawfully be towed by it at
5 one time --
6 (a) as specified by the motor vehicle's
7 manufacturer; or
8 (b) as specified by the relevant authority if --
9 (i) the manufacturer has not specified the
10 sum of the maximum loaded mass; or
11 (ii) the manufacturer cannot be identified;
12 or
13 (iii) the motor vehicle has been modified to
14 the extent that the manufacturer's
15 specification is no longer appropriate;
16 relevant authority means --
17 (a) if the motor vehicle has never been licensed or
18 registered but is used or is intended to be used
19 in this State -- the Director General; or
20 (b) if the motor vehicle was last licensed in this
21 State -- the Director General; or
22 (c) if the motor vehicle was last licensed or
23 registered in another State or a Territory -- the
24 authority in that State or Territory whose
25 functions most nearly correspond to those of
26 the Director General.
27 (7) A person charged with an offence against
28 subsection (1) may, instead of being convicted of that
29 offence, be convicted of an offence against
30 section 64AAA(1).
page 9
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 9
1 (8) A person charged with an offence against
2 subsection (4) may, instead of being convicted of that
3 offence, be convicted of an offence against
4 section 64AAA(2).
5
6 9. Section 64AAA replaced
7 Delete section 64AAA and insert:
8
9 64AAA. Certain persons driving with any blood alcohol
10 content
11 (1) A person to whom section 64A(1) applies who drives
12 or attempts to drive a motor vehicle while having any
13 blood alcohol content commits an offence.
14 Penalty: not less than 3 PU or more than 6 PU.
15 (2) A person who drives or attempts to drive a motor
16 vehicle to which section 64A(4) applies while having
17 any blood alcohol content commits an offence.
18 Penalty: not less than 3 PU or more than 6 PU.
19 (2A) Subsection (2) does not apply to a person who drives or
20 attempts to drive a motor vehicle described in
21 section 64A(5)(a) or (d) if the person --
22 (a) is a person of a class prescribed by the
23 regulations for the purposes of this paragraph;
24 and
25 (b) is driving or attempting to drive the vehicle in
26 the course of responding to an incident as
27 defined in the Fire and Emergency Services
28 Authority of Western Australia Act 1998
29 section 3.
page 10
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 10
1 (3) It is a defence to a charge of an offence against
2 subsection (1) or (2) for the accused to prove that the
3 accused's blood alcohol content was not to any extent
4 caused by any of the following --
5 (a) the consumption of an alcoholic beverage
6 (otherwise than for the purposes of religious
7 observance);
8 (b) the consumption or use of any other substance
9 (for example, food or medicine) for the purpose
10 of consuming alcohol.
11
12 10. Section 64AB amended
13 In section 64AB(2):
14 (a) in paragraph (a) delete "16 PU" and insert:
15
16 18 PU
17
18 (b) in paragraph (a) delete "6 months; and" and insert:
19
20 10 months; and
21
22 (c) in paragraph (b) delete "30 PU" and insert:
23
24 42 PU
25
26 (d) in paragraph (b) delete "2 years; and" and insert:
27
28 30 months; and
29
30 (e) in paragraph (c) delete "40 PU" and insert:
31
32 42 PU
33
page 11
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 11
1 11. Section 64AC amended
2 In section 64AC(2):
3 (a) in paragraph (a) delete "4 PU; and" and insert:
4
5 10 PU; and
6
7 (b) in paragraph (b) delete "5 PU or more than 10 PU;" and
8 insert:
9
10 10 PU or more than 20 PU;
11
12 (c) in paragraph (b) delete "3 months." and insert:
13
14 6 months.
15
16 12. Section 66 amended
17 In section 66(2)(a)(ii) delete "or 64AAA applies;" and insert:
18
19 applies or that the motor vehicle
20 concerned is a motor vehicle to which
21 section 64A(4) applies;
22
23 13. Section 67 amended
24 In section 67(3):
25 (a) in paragraph (a)(ii) delete "16 PU" and insert:
26
27 18 PU
28
page 12
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 14
1 (b) in paragraph (a)(ii) delete "6 months;" and insert:
2
3 10 months;
4
5 (c) in paragraph (b) delete "30 PU" and insert:
6
7 42 PU
8
9 (d) in paragraph (b) delete "2 years;" and insert:
10
11 30 months;
12
13 (e) in paragraph (c) delete "40 PU" and insert:
14
15 42 PU
16
17 14. Section 67AA amended
18 In section 67AA(3):
19 (a) in paragraph (a) delete "16 PU" and insert:
20
21 18 PU
22
23 (b) in paragraph (a) delete "6 months; and" and insert:
24
25 10 months; and
26
27 (c) in paragraph (b) delete "30 PU" and insert:
28
29 42 PU
30
page 13
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 15
1 (d) in paragraph (b) delete "2 years; and" and insert:
2
3 30 months; and
4
5 (e) in paragraph (c) delete "40 PU" and insert:
6
7 42 PU
8
9 15. Section 67AB amended
10 In section 67AB(3):
11 (a) in paragraph (a) delete "4 PU; and" and insert:
12
13 10 PU; and
14
15 (b) in paragraph (b) delete "5 PU or more than 10 PU;" and
16 insert:
17
18 10 PU or more than 20 PU;
19
20 (c) in paragraph (b) delete "3 months." and insert:
21
22 6 months.
23
24 16. Section 98 amended
25 In section 98(1a) delete the passage that begins with "that the
26 alleged offender" and continues to the end of the subsection and
27 insert:
28
29 that --
30 (a) the alleged offender was, at the time of the
31 alleged offence, a person to whom
32 section 64A(1) applied; or
page 14
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 16
1 (b) the vehicle to which the alleged offence relates
2 was, at the time of the alleged offence, a motor
3 vehicle to which section 64A(4) applied,
4 is to be taken to be proved in the absence of proof to
5 the contrary.
6
page 15
Road Traffic Amendment (Alcohol and Drug Related Offences) Bill 2010
Part 3 Road Traffic (Administration) Act 2008 amended
s. 17
1 Part 3 -- Road Traffic (Administration)
2 Act 2008 amended
3 17. Act amended
4 This Part amends the Road Traffic (Administration) Act 2008.
5 18. Section 109 amended
6 In section 109(1):
7 (a) in paragraph (f) delete "or 64AAA";
8 (b) after paragraph (f) insert:
9
10 (ga) that the vehicle to which the alleged offence
11 relates was, at the time of the alleged offence, a
12 motor vehicle to which the Road Traffic
13 Act 1974 section 64A(4) applied;
14
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