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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 138
Traffic
and Other Legislation Amendment Bill 2015
Mr
Chandler
A Bill for an Act to amend the
Traffic Act, Motor Vehicles Act
and
Traffic Regulations
NORTHERN TERRITORY OF AUSTRALIA
TRAFFIC AND OTHER LEGISLATION AMENDMENT ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
Part XI Transitional matter for Traffic and Other Legislation Amendment Act 2015
141 Offences – before and after commencement
19A Prohibited
drug
27A Evidence
of drug in body
27B Saliva
sampling
29AAFA Offence
of failing to submit to saliva
test
29AALA Application
for additional analysis of saliva sample
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to amend the Traffic Act, Motor Vehicles Act and Traffic Regulations
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Traffic and Other Legislation Amendment Act 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Motor Vehicles
Act
3 Act
amended
This Part amends the Motor Vehicles Act.
Section 5(1), at the end
insert
Note for subsection (1)
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
(1) Section 102AA(1), definition approved course
omit
after consuming alcohol:
insert
while affected by alcohol or a drug:
(2) Section 102AA(1), definition approved treatment
omit
all words after "intervention"
insert
course, the object of which is to promote responsible driver behaviour and raise awareness of the risks associated with driving while affected by alcohol or a drug:
(a) approved by the Registrar; or
(b) accredited by a person or body approved by the Registrar.
(3) Section 102AA(7)(a)
omit
the consumption of alcohol,
insert
being affected by alcohol or a drug,
After section 140
insert
Part XI Transitional matter for Traffic and Other Legislation Amendment Act 2015
141 Offences – before and after commencement
(1) Section 102AA(7)(a), as amended by the Traffic and Other Legislation Amendment Act 2015, applies only in relation to offences committed after the commencement of that Act (the commencement).
(2) Section 102AA(7)(a), as in force before the commencement, continues to apply in relation to offences committed before the commencement.
(3) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
Part
3 Amendment of Traffic
Act
7 Act
amended
This Part amends the Traffic Act.
(1) Section 3(1)
insert (in alphabetical order)
prohibited drug, for Part V, see section 19A.
saliva test, for Part V, see section 19(1).
(2) Section 3(1), at the end
insert
Note for subsection (1)
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
Section 19(1)
insert (in alphabetical order)
prohibited drug, see section 19A.
saliva test means a test of a sample of a person's saliva to ascertain whether a prohibited drug may be present in the person's body.
After section 19, in Part V, Division 1
insert
In this Part, a prohibited drug means a drug prescribed by the Regulations as either of the following:
(a) drugs that are strictly prohibited for section 28(1) and to which the defence under section 29 does not apply;
(b) drugs that are prohibited for section 28(1) but in relation to which the defence under section 29 may apply.
11 Part V, Division 3 heading amended
Part V, Division 3 heading
omit
blood
insert
body
12 Sections 27A and 27B inserted
After section 27
insert
It is evidence that a drug is in a person's body if the drug is detected by analysis of a sample of the person's saliva or blood.
(1) The Commissioner may, by Gazette notice, approve a device that may be used to obtain a sample of a person's saliva for analysis by an authorised analyst for the giving of evidence in a court for an offence against this Act.
(2) The Commissioner may, by Gazette notice, authorise a person to use a device approved under subsection (1) for this Act.
(3) The Regulations may prescribe procedures for the proper use of a device approved under subsection (1).
(1) Section 28, heading
omit
the blood
insert
body
(2) Section 28(1)
omit
blood
insert
body
(3) Section 28(2)(b)
omit
blood.
insert
body;
(c) failing to submit to a saliva test.
(4) Section 28(6)
omit
Section 29(1)(a)
omit, insert
(a) analysis of a blood sample or saliva sample taken under this Part:
(i) gives no indication of any drug mentioned in section 19A(a); but
(ii) does indicate the presence of a drug (or drugs) mentioned in section 19A(b); and
(1) After section 29AAA(2)(c)
insert
(ca) failing to submit to a saliva test;
(2) Section 29AAA(6)(a)
omit
blood;
insert
body;
Section 29AAB(1)(b)
omit, insert
(b) to require the driver to submit to a saliva test to determine whether there is a prohibited drug in the driver's body.
(1) Section 29AAF(1)
omit
test to determine if the person's blood may contain a prohibited drug:
insert
test, or more than one saliva test, for the purpose of analysis by an authorised analyst to determine whether there is a prohibited drug in the person's body:
(2) Section 29AAF(4)(a)
omit
test;
insert
test and any subsequent analysis;
(3) Section 29AAF(4)(b)
omit
blood
insert
body
(4) Section 29AAF(4), after "sample of blood"
insert
or saliva
After section 29AAF
insert
29AAFA Offence of failing to submit to saliva test
(1) A person who is required under section 29AAF to submit to a saliva test must not fail to provide a sample of saliva sufficient for the test, and any subsequent analysis, to be carried out.
Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.
For a second or subsequent offence – 7.5 penalty units or imprisonment for 6 months.
(2) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving under the influence of alcohol or a drug;
(b) driving with a prohibited drug in the body;
(c) failing to submit to a saliva test.
(3) For subsection (2)(b), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.
(4) If a court finds a person guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:
(a) for a second offence – for a minimum period of 3 months; or
(b) for a subsequent offence – for a minimum period of 6 months.
(5) A relevant offence that is a second or subsequent offence is an immediate suspension offence.
(1) Section 29AAG(1)(b)
omit
blood
insert
body
(2) Section 29AAG(2)
omit
all words after "determine"
insert
if:
(a) the person's blood contains alcohol in a concentration that constitutes the person having committed an offence against Division 2 or 4; or
(b) the person's body contains a prohibited drug.
(1) After section 29AAH(2)(c)
insert
(ca) failing to submit to a saliva test;
(2) After section 29AAH(4)(b)
insert
(ba) failing to submit to a saliva test;
(3) After section 29AAH(5)(f)
insert
(fa) failing to submit to a saliva test.
Section 29AAK(7)
omit
approximately half
insert
a portion
Section 29AAL(1)
omit
analysis or after
insert
analysis, saliva test or
After section 29AAL
insert
29AALA Application for additional analysis of saliva sample
(1) A person from whom a sample of saliva has been taken under this Part may request the authorised analyst to whom or which the sample has been sent to provide a portion of the sample, at the person's own expense, to a medical practitioner or laboratory nominated by the person.
(2) A request under subsection (1) must be made within 6 months of the person being served with an infringement notice or a summons for an offence in relation to which the sample was taken.
Section 29AAM(1)
omit, insert
(1) This section applies if, for the purpose of having a sample of blood or saliva taken for analysis to determine if there is a prohibited drug in a person's body, the person is:
(a) arrested under section 29AAF(4); or
(b) taken to a hospital or health centre under section 29AAG.
(1A) Subject to the Regulations, a police officer may, before the person is released from custody or departs the hospital or health centre, give the person a notice under this section.
(1) Section 29AAT(4)(b)
omit
blood at
insert
body at
(2) Section 29AAT(5)(b)
omit
blood at
insert
body at
After section 29AAU(1)(a)
insert
(aa) a person authorised by the Commissioner under section 27B to use a device for obtaining a sample of saliva for this Act; or
omit
blood,
insert
saliva or blood,
After section 53(2)(m)
insert
(ma) the authorisation of persons or organisations carrying out saliva analyses;
Part
4 Amendment of Traffic
Regulations
29 Regulations
amended
This Part amends the Traffic Regulations.
Part 4 heading
omit
in blood
insert
in body
(1) Regulation 55A heading
omit
section 28
insert
section 19A
(2) Regulation 55A(1)
omit
section 28(6)(a)
insert
section 19A(a) of the Act
(3) Regulation 55A(2)
omit
section 28(6)(b)
insert
section 19A(b) of the Act
Regulation 55B, note, after "blood test"
insert
or saliva analysis
Schedule 1, item 26, offence against Traffic Act section 28(1)
omit
blood
insert
body
(1) Schedule 1A, heading
omit
section 28
insert
section 19A
(2) Schedule 1A, Part A
omit
section 28(6)(a)
insert
section 19A(a)
(3) Schedule 1A, Part B
omit
section 28(6)(b)
insert
section 19A(b)
Part 5 Expiry
of
Act
35 Expiry
of Act
This Act expires on the day after it commences.
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