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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRAFFIC (DRUG TESTING) AMENDMENT BILL 2003

[BIL109-B.HAL]

House of AssemblyNo. 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

 


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