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This is a Bill, not an Act. For current law, see the Acts databases.
[BIL109-B.HAL]
House of Assembly—No. 63
[As laid on the table and read
a first time, 3 December 2003]
South Australia
[Prepared by the Parliamentary Counsel on the
instructions of I. Venning, M.P.]
ROAD TRAFFIC (DRUG TESTS)
AMENDMENT BILL 2003
A Bill For
An Act to amend the Road Traffic Act 1961.
[OPC-HA]
Contents
Part 1—Preliminary
1.Short title
2.Commencement
3.Amendment provisions
Part 2—Amendment of Road
Traffic Act 1961
4.Amendment of section 47E
5.Amendment of 47F—Police to
facilitate blood test at request of incapacitated person, etc
6.Amendment of section
47GA—Breath analysis or blood test where drinking etc occurs after driving
7.Amendment of section
47I—Compulsory blood tests
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
Short title
1. This Act may be cited as the
Road Traffic (Drug Tests) Amendment Act 2003.
Commencement
2. This Act will come into
operation on a day to be fixed by proclamation.
Amendment provisions
3. In this Act, a provision
under a heading referring to the amendment of a specified Act amends the Act so
specified.
Part 2—Amendment of Road Traffic
Act 1961
Amendment of section 47E
4. (1) Section 47E(1)—delete "to
submit to an alcotest or breath analysis, or both." and substitute:
to submit to an alcotest or breath
analysis, or provide a sample of the person's blood, (or a combination of these
procedures) in accordance with this section.
(2)Section 47E(2)—after
"analysis" insert:
, or the provision of a sample of
blood,
(3)Section 47E—after subsection (2e)
insert:
(2f) The provision of a sample
of blood commences when a direction is first given by a member of the police
force that the person provide a sample of the person's blood.
(2g) The regulations may
prescribe the manner in which a sample of blood is to be provided.
(2h) The taking of a sample of
blood under subsection (1)—
(a)must be performed—
(i)by a medical practitioner
nominated by the person; or
(ii)if—
(A)it becomes apparent to the member
of the police force that there is no reasonable likelihood that a medical
practitioner nominated by the person will be available to take the sample
within one hour of the time of the request at some place not more than ten
kilometres distant from the place of the request; or
(B)the person does not nominate a
particular medical practitioner,
by an authorised person who is
available to take the sample; and
(c)must be carried out by the medical
practitioner in the presence of a member of the police force; and
(d)must be at the expense of the
Crown.
(2i) The provisions of
subsections (7) to (13c) (inclusive) of section 47I apply in
relation to a sample of blood taken under subsection (1) in the same way as to
a sample of blood taken under section 47I.
(4)Section 47E(3)—after
"analysis" first occurring insert:
, or to provide a sample of the
person's blood,
(5)Section 47E(5)(b)—after
"alcohol" insert:
or other drug
(6)Section 47E—after subsection (7)
insert:
(8) In this section—
"authorised person" means—
(a)a medical practitioner; or
(b)if a sample of a person's blood is
required to be provided at a place outside Metropolitan Adelaide—a person
registered on the nurses register under the Nurses Act 1984;
"Metropolitan Adelaide" has the same meaning as in
the Development Act 1993.
Amendment of section 47F—Police to
facilitate blood test at request of incapacitated person, etc.
5. (1) Section 47F(2)—delete "of
whom a requirement is made or to whom a direction is given" and
substitute:
who is required to submit to an
alcotest or breath analysis, or both,
(2)Section 47F(2)—delete "or
direction" and substitute:
(or with a direction in relation
to the requirement)
Amendment of section 47GA—Breath
analysis or blood test where drinking etc occurs after driving
6. (1) Section 47GA(1)—delete "of a
breath analysis under this Act are relied on to establish the commission of the
offence" and substitute:
of—
(a)a breath analysis under this Act;
or
(b)analysis of a sample of a person's
blood provided under section 47E(1),
are relied on to establish the
commission of the offence.
(2)Section 47GA(2)(a)—delete
paragraph (a) and substitute:
(a)that the defendant consumed
alcohol or other drug during the period ("the relevant period")
after the defendant last drove a motor vehicle or attempted to put a motor
vehicle in motion and before the performance of the breath analysis or the
provision of a blood sample under section 47E(1); and
(3)Section 47GA(2)(b)—after
"analysis" insert:
, or to provide a sample of his or
her blood,
(4)Section 47GA(2)(b)(ii)—delete
"alcohol was not" and substitute:
no alcohol or other drug was
(5)Section 47GA(2)(d)—delete
paragraph (d) and substitute:
(d)that, after taking into account
the quantity of alcohol or other drug consumed by the defendant during the
relevant period and its likely effect on the concentration of alcohol or other
drug indicated as being present in the defendant's blood by the breath
analysis, or the analysis of a sample of a person's blood provided under
section 47E(1), the defendant should not be found guilty of the offence charged
or, in the case of an offence against section 47B, should be found guilty of an
offence of a less serious category,
Amendment of section
47I—Compulsory blood tests
7. (1) Section 47I(8)—after
"alcohol" insert:
or other drug
(2)Section 47I(9)—after
"alcohol" insert:
or other drug
(3)Section 47I(13ba)—after
"alcohol" insert:
or other drug
(4)Section 47I(13bb)—after
"alcohol" insert:
or other drug