New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 July 2013
- Act 20 of 1999
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Note
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Act to bind Crown
6. Application of Commonwealth Acts Interpretation Act
7. Notes
PART 2 - ALCOHOL AND OTHER DRUG USE
Division 1 - Interpretation
8. General definitions
8A. Prescribed concentrations of alcohol
8B. Measurement of alcohol concentrations
Division 1AA - Offences involving prescribed concentrations of alcohol
9. Presence of prescribed concentration of alcohol in person's breath or blood
10. Alternative verdicts for lesser offences
11. Presence of higher concentration of alcohol not defence
11A. Defence for offence relating to novice range prescribed concentration of alcohol
Division 1A - Offences involving certain drugs (other than alcohol) in oral fluid, blood or urine
11B. Presence of certain drugs (other than alcohol) in oral fluid, blood or urine
Division 2 - Offences involving driving under the influence of alcohol or other drug
12. Use or attempted use of a vehicle under the influence of alcohol or any other drug
Division 3 - Random breath testing and breath analysis
13. Power to conduct random breath testing
14. Arrest following failed breath test
15. Breath analysis following arrest
16. Offence--wilfully altering alcohol concentration following request for breath test or breath analysis
17. When breath test or breath analysis not permitted
18. Procedure to be followed after breath analysis
Division 3A - Random oral fluid testing for prescribed illicit drugs
18A. Definitions
18B. Power to conduct random oral fluid testing
18C. Arrest following failed oral fluid test or refusal or inability to undergo test
18D. Providing an oral fluid sample for oral fluid analysis following arrest
18E. Taking blood sample following arrest
18F. When oral fluid test or sampling not permitted
18G. Offences related to testing and sampling for drugs
18H. Prohibited analysis
Division 4 - Blood analysis of accident patients following accidents
19. Hospitals to which this Division applies
20. Blood samples to be taken in hospitals from accident patients
21. Offence--failure to take blood sample
22. Offence--hindering or obstructing health professional taking blood sample
23. Analysis of samples of blood taken under this Division
24. Supervisee may perform functions of medical practitioner under this Division
Division 4A - Blood and urine analysis of persons who are not accident patients following fatal accidents
24A. Power to arrest persons involved in fatal accidents for blood and urine tests
24B. Procedure for taking samples following arrest
24C. When taking of samples not permitted
24D. Offences related to testing for drugs
Division 5 - Sobriety assessments and related drug analysis
25. Police officer may require sobriety assessment
26. Arrest following failure to submit to (or pass) sobriety assessment
27. Procedure for taking samples following arrest
28. When sobriety assessment and taking of samples not permitted
29. Offences related to sobriety assessments and testing for drugs
Division 6 - Detention of vehicle for safe-keeping
30. (Repealed)
31. Detention of vehicle in certain cases
Division 7 - Evidentiary and other procedural matters
32. Evidence of alcohol concentration revealed by breath or blood analysis in proceedings for offence under section 9
33. Certificate evidence about breath or blood analysis in proceedings for offences under section 9
33A. Evidence of presence of prescribed illicit drug revealed by oral fluid analysis in proceedings for offence under section 11B
33B. Certificate evidence about oral fluid analysis in proceedings for offences under section 11B
33C. Evidence of presence of drug revealed by blood or urine analysis in proceedings for offence under section 11B
33D. Certificate evidence about blood or urine analysis in proceedings for offences under section 11B
34. Evidence of drugs revealed by blood or urine analysis in proceedings for offence under section 12
35. Certificate evidence about blood or urine analysis in proceedings for offences under section 12
36. Certificate evidence may specify minimum concentrations
37. Evidence of breath test, breath analysis, oral fluid test, oral fluid analysis or blood or urine analysis and related facts not admissible in insurance cases to prove intoxication or drug use
38. Double jeopardy in relation to alcohol and other drug offences
Division 8 - Personal liability of sample takers
39. Personal liability for good faith taking of samples
Division 9 - Random breath and oral fluid testing at same time
39A. Police may conduct random breath and oral fluid testing at same time
PART 3 - SPEEDING AND OTHER DANGEROUS DRIVING
Division 1 - Speeding and other dangerous driving offences
40. Races, attempts on speed records and other speed trials
41. Conduct associated with road and drag racing and other activities
42. Negligent, furious or reckless driving
43. Menacing driving
Division 2 - Speed measurement
43A. Average speed of heavy vehicle is evidence of actual speed in certain circumstances
44. Approved speed measuring devices
45. Approved camera recording devices
46. Certificates concerning use of approved speed measuring devices
47. Photographic evidence of speeding offences
47A. Approved average speed detection devices
47B. Photographic evidence for use in proceedings involving average speed
48. Sale, purchase or use of prohibited speed measuring evasion articles
49. Surrender and forfeiture of prohibited speed measuring evasion articles
PART 4 - TRAFFIC CONTROL DEVICES
Division 1 - Installation, display and removal of prescribed traffic control devices
50. Interpretation
51. Appropriate authority for the purposes of this Division
52. Unauthorised prescribed traffic control devices
53. Removal of unauthorised prescribed traffic control devices
54. Cost of removal of prescribed traffic control device
55. Prescribed traffic control devices presumed to be lawfully installed or displayed except for purposes of section 52
Division 2 - Monitoring of traffic light offences
56. Approved camera detection device
57. Photographic evidence of traffic light offences
Division 3 - Monitoring of public transport lane offences
57A. Approved traffic lane camera devices
57B. Photographic evidence of public transport lane offences
Division 4 - Approval of devices to detect several kinds of traffic offences
57C. Approval of devices for multiple detection functions
PART 5 - VEHICLE SAFETY AND ACCIDENTS
Division 1 - Offences relating to unsafe loads
58. Unsafe loads
Division 2 - Monitoring of heavy vehicles and vehicles carrying dangerous goods
59. Definitions
60. Application of this Division
61. Vehicles to be fitted with monitoring devices in working order
62. Vehicle movement record to be preserved
63. Vehicle movement record to be carried by driver
64. Inspection of monitoring devices and records carried on vehicles
65. Seizure of monitoring devices and records
66. Production of records by responsible persons
67. Tampering with monitoring devices or vehicle movement records
68. Exemptions
69. Evidence of vehicle movement record
Division 2A - Speed limiting of heavy vehicles
69A. Definitions
69B. Application of Division
69C. Vehicles to be speed limited
69D. Certificate evidence of speed limiter compliance
69E. Photographic evidence of speed of vehicle
69F. Liability of offender for speed offence and giving of evidence of speed unaffected
Division 3 - Duties of participants and others involved in road accidents
70. Offence of failing to stop and assist after impact causing injury
PART 6 - MISCELLANEOUS
71. Regulations
72. Regulations may exclude vehicles, persons and animals from this Act and the regulations
72A. Rules
73. Use of samples for accident research
73A. Rebuttal of evidence of matters of specialised knowledge
74. (Repealed)
75. Removal of dangers and obstructions to traffic
76. Removal of unattended motor vehicles or trailers from certain places
76A. Removal of vehicles--incidental provisions relating to towing
77. Unpaid fees or charges
78. Savings, transitional and other provisions
79. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 99 Dictionary