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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT (ALCOHOL AND DRUGS) AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road
Transport (Alcohol and Drugs) Amendment Bill 2006
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road Transport
(Alcohol and Drugs) Amendment Bill 2006
A Bill for
An Act to amend the
Road Transport (Alcohol and
Drugs) Act 1977
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Alcohol and Drugs) Amendment Act
2006.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Road Transport (Alcohol and Drugs) Act
1977.
renumber as sections 2 and 3
insert
4 Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 15AA (1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
6 Approval of operators, analysts and
laboratories
(1) The chief police officer may authorise a police officer to carry out
breath analyses if the officer has—
(a) undergone a course approved by the Minister as a course for the
instruction of police officers in the carrying out of breath analyses;
and
(b) completed the course to the satisfaction of the chief police
officer.
(2) The Minister may appoint the analysts that the Minister considers
necessary for this Act.
(3) The Minister may approve a laboratory or other entity (however
described) as an approved laboratory for this Act.
(4) An authorisation, appointment or approval under this section is a
notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act.
substitute
15AA Taking blood samples from people in
hospital
substitute
(1) A person commits an offence if—
(a) the person is a doctor or nurse; and
(b) the person attends to a person (the patient) in
hospital; and
(c) the person believes, on reasonable grounds, that—
(i) the patient was a driver involved in an accident; and
(ii) the accident happened not longer than 6 hours before the patient
arrived at the hospital; and
(d) the person does not take a sample of the patient’s blood for
analysis within 2 hours after the time the patient arrives at the
hospital.
Maximum penalty: 10 penalty units.
Note Section 17 contains defences to a prosecution for a breach of
this section.
9 Analysis
of blood samplesSection 15A
(1)
omit everything after
approved analyst,
substitute
the analyst must arrange for the analysis of the blood at an approved
laboratory to work out the concentration of alcohol in the blood.
omit everything before paragraph (b), substitute
(2) If 2 sealed containers of a particular person’s blood have been
put in a one-way box for collection by an approved analyst, the analyst
must—
(a) arrange the analysis of the blood in 1 of the containers at an
approved laboratory to work out the concentration of alcohol in the blood;
and
omit everything after paragraph (b), substitute
the police officer may ask an analyst to arrange for the analysis of the
sample to work out the concentration in the blood of any drug other than
alcohol.
12 Analysis
of body samplesSection 16A
(1)
omit
shall analyse it
substitute
must arrange for analysis of the sample at an approved laboratory
omit
analyse
substitute
arrange for analysis of
14 Exemptions
from requirements to take blood samples or carry out
examinationsSection 17 (2)
(b)
omit
for a procedure under section 15 or 16—
substitute
for a procedure under section 15 (Taking blood samples from persons in
custody), section 15AA (Taking blood samples from people in hospital) or section
16 (Medical examinations)—
15 Prescribed
blood alcohol concentration exceededSection
19 (2) (a) and (b)
substitute
(a) an analysis of a sample of the person’s breath carried out in
accordance with this Act; or
(b) an analysis of a sample of the person’s blood carried out at an
approved laboratory and certified accurate by an approved analyst; or
(c) any other analysis.
16 Certificate
of evidenceSection 41 (1) (h)
(ii)
substitute
(ii) that a sample from a sealed container to which was attached a label
purporting to be signed by a doctor or nurse named in the certificate, and
bearing the name of a person stated in the certificate as the person from whom
the sample was taken and the date and time when the sample was taken, was
analysed at an approved laboratory; and
17 Section
41 (1) (h) (iv)
substitute
(iv) the result of the analysis; and
(v) the analysis was accurate;
insert
Part 20 Transitional—Road Transport
(Alcohol and Drugs) Amendment Act 2006
100 Meaning of relevant commencement for pt
20
In this part:
relevant commencement means the commencement of the Road
Transport (Alcohol and Drugs) Amendment Act 2006.
101 Transitional—sample taken before relevant
commencement
(1) This Act as in force immediately before the relevant commencement
continues to apply in relation to an analysis of a sample taken before the
relevant commencement.
(2) To remove any doubt, this section is a law to which the Legislation
Act, section 88 (Repeal does not end effect of transitional laws etc)
applies.
102 Transitional—analyst
certificates
(1) A certificate issued under section 41 (1) (h) before the relevant
commencement continues to be evidence of the matters stated in the
certificate.
(2) A certificate may be issued under section 41 (1) (h) as in force
immediately before the relevant commencement in relation to a sample if either
or both of the following paragraphs apply:
(a) the sample was taken before the relevant commencement;
(b) the analysis of the sample was carried out, or started, before the
relevant commencement.
(3) To remove any doubt, this section is a law to which the Legislation
Act, section 88 (Repeal does not end effect of transitional laws etc)
applies.
103 Expiry—pt 20
This part expires 3 years after the day it commences.
19 Dictionary,
new definition of approved laboratory
insert
approved laboratory means a laboratory or other entity
(however described) approved by the Minister under section 6 (3) as an approved
laboratory.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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