2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Transport) Road Transport (Drink Driving) Legislation Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Road Transport (Alcohol and Drugs) Act 1977 3 Legislation amended--pt 2 4 4 Meaning of special driver Section 4B (1) (f) (iv) 4 5 Section 4B (1) (f) 4 6 Section 4B (3) to (5) 5 J2009-959 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 7 Section 4B (5), new definition of public passenger vehicle 6 8 Section 4C 6 9 Section 4D 7 10 Sections 5 and 6 9 11 Section 11 11 12 Breath analysis Section 12 (2) 12 13 Section 12 (3) (a) 13 14 Section 12 (3) (b) 13 15 Section 12 (4) 13 16 Section 12 (6) 13 17 Precautions for privacy Section 13 14 18 Restrictions on screening tests and breath analyses Section 14 (1) 14 19 Taking blood samples from people in custody Section 15 (1) (b) 14 20 Section 15 (7), (8) and (9) 14 21 Taking blood samples from people in hospital Section 15AA (2), (3) and (4) 15 22 Sections 15A and 15B 16 23 Section 16 (2) 18 24 Section 16 (7), (8) and (9) 18 25 Section 16A 19 26 Protection of police officers and medical staff Section 18 (3) (a) 21 27 Section 19 21 28 Defence if person did not intend to drive motor vehicle Section 21 (b) 22 29 New section 21A 22 30 Fines and imprisonment--s 19 offences Section 26 23 31 Table 26, column 2 heading 24 32 Sections 29 and 30 24 contents 2 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 33 Automatic driver licence disqualification--first offenders, s 19 Section 32 24 34 Table 32, column 2 heading 24 35 Automatic driver licence disqualification--repeat offenders, s 19 Section 33 25 36 Table 33, column 2 heading 25 37 New section 35 25 38 Additional powers of court Section 38 26 39 Certificate of evidence Section 41 (1) (a) (i) 26 40 Section 41 (1) (a) (ii) 27 41 Section 41 (1) (a) (iv) and (ix) 27 42 Section 41 (1) (b) (i) 27 43 Section 41 (1) (b) (ii) 27 44 Section 41 (1) (b) (iv) 28 45 Section 41 (1) (c) 28 46 Section 41 (1) (d) 28 47 Section 41 (1) (f) 29 48 Section 41 (1) (h) 29 49 Effect of noncompliance--analysis of breath or blood Section 42 (1) 30 50 Section 42 (2) 30 51 Effect of noncompliance--analysis of body sample Section 42A (1) 30 52 Section 42A (2) 31 53 Effect of noncompliance--refusal to give sample of breath Section 42B (1) 31 54 Section 42B (2) 31 55 Rehabilitation programs Part 8 31 56 Power of arrest Section 45 32 57 Penalty for escaping from custody Section 46 32 Road Transport (Drink Driving) Legislation Amendment contents 3 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 58 New part 21 32 59 Dictionary, new definition of analyst 35 60 Dictionary, definitions of approved analyst and approved breath analysis instrument 35 61 Dictionary, definition of approved laboratory 35 62 Dictionary, definitions of approved operator and approved screening device 35 63 Dictionary, new definition of authorised operator 35 64 Dictionary, definition of breath analysis 35 65 Dictionary, new definition of breath analysis instrument 36 66 Dictionary, definition of first offender 36 67 Dictionary, new definition of heavy vehicle 36 68 Dictionary, definition of level 36 69 Dictionary, new definition of medicine 36 70 Dictionary, definition of prescribed concentration 37 71 Dictionary, definition of repeat offender 37 72 Dictionary, new definition of screening device 37 73 Dictionary, definition of screening test 37 74 Legislative instruments repealed 37 Part 3 Road Transport (Alcohol and Drugs) Regulation 2000 75 Legislation amended--pt 3 38 76 New sections 2 and 3 38 77 Schedule 1 heading 39 78 Schedule 1, item 5 39 Part 4 Road Transport (Driver Licensing) Act 1999 79 Legislation amended--pt 4 40 80 New section 28 (2) (s) 40 Part 5 Road Transport (Driver Licensing) Regulation 2000 81 Legislation amended--pt 5 41 contents 4 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 82 Section 45 (2), notes 1 and 2 41 83 Driver licence condition codes Table 10, item 8 42 84 Section 20 (6), note 42 85 Section 21 (1), new definition of driving supervisor 42 86 Section 21 (4) 42 87 Section 21 (5) 42 88 Section 21 (6), note 43 89 Section 36A (3), note 3 43 90 Section 37A (3), note 3 43 91 Section 49 (3), note 43 92 Section 49 (3), new note 43 93 Section 52 (3), new note 43 94 Section 54, note 2 43 95 Section 63 (3), note 2 44 96 New division 3.13 44 97 New section 87 (1) (p) 48 98 Dictionary, new definitions 48 Part 6 Road Transport (General) Act 1999 99 Legislation amended--pt 6 49 100 Sections 58 and 58A 49 101 Division 4.2 heading 52 102 Section 64 58 103 Effect of disqualification Section 66 (6) and (7) 59 104 Section 67 60 105 Dictionary, new definitions 63 Part 7 Road Transport (General) Regulation 2000 106 Legislation amended--pt 7 64 107 Schedule 1, part 1.1 64 108 Schedule 1, part 1.4, new item 19A 64 Road Transport (Drink Driving) Legislation Amendment contents 5 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 8 Road Transport (Offences) Regulation 2005 109 Legislation amended--pt 8 65 110 Schedule 1, part 1.3, items 10 to 12 65 111 Schedule 1, part 1.3, item 15 66 112 Schedule 1, part 1.6, items 11 and 12 67 113 Schedule 1, part 1.7, items 6 to 8 67 114 Schedule 1, part 1.7, new item 12A 69 115 Schedule 1, part 1.7, item 13 69 contents 6 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Transport) Road Transport (Drink Driving) Legislation Amendment Bill 2010 A Bill for An Act to amend legislation about driving under the influence of alcohol, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-959 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Road Transport (Drink Driving) Legislation 4 Amendment Act 2010. 5 2 Commencement 6 (1) Section 3, section 4 and section 7 commence on the day after this 7 Act's notification day. 8 Note The naming and commencement provisions automatically commence on 9 the notification day (see Legislation Act, s 75 (1)). 10 (2) The following provisions commence on a day fixed by the Minister 11 by written notice: 12 · part 4 13 · section 92 14 · section 93 15 · section 96 16 · section 97 17 · section 98 18 · section 108. 19 (3) However, if a provision mentioned in subsection (2) has not 20 commenced within 12 months beginning on this Act's notification 21 day, the provision automatically commences on the first day after 22 that period. 23 (4) The Legislation Act, section 79 (Automatic commencement of 24 postponed law) does not apply to the provisions mentioned in 25 subsection (2). page 2 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 2 1 (5) The remaining provisions commence on a day fixed by the Minister 2 by written notice. 3 Note 1 A single day or time may be fixed, or different days or times may be 4 fixed, for the commencement of different provisions (see Legislation 5 Act, s 77 (1)). 6 Note 2 If a provision, other than a provision mentioned in s (2), has not 7 commenced within 6 months beginning on the notification day, it 8 automatically commences on the first day after that period (see 9 Legislation Act, s 79). Road Transport (Drink Driving) Legislation Amendment page 3 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Road Transport (Alcohol and 2 Drugs) Act 1977 3 3 Legislation amended--pt 2 4 This part amends the Road Transport (Alcohol and Drugs) 5 Act 1977. 6 Note This part also repeals certain legislative instruments made under that 7 Act (see s 74). 8 4 Meaning of special driver 9 Section 4B (1) (f) (iv) 10 substitute 11 (iv) a public passenger vehicle. 12 5 Section 4B (1) (f) 13 substitute 14 (f) the person is the driver of-- 15 (i) a vehicle on which a sign, marking or placard is required 16 to be displayed under the Dangerous Substances 17 Act 2004 or the Dangerous Goods (Road 18 Transport) Act 2009; or 19 Note A reference to an Act includes a reference to the statutory 20 instruments made or in force under the Act, including any 21 regulation (see Legislation Act, s 104). 22 (ii) a motor vehicle with a GVM of more than 15 t; or 23 (iii) a combination with a GCM of more than 15 t; or 24 (iv) a public passenger vehicle; or 25 (g) the person is learning to drive a heavy vehicle; or page 4 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 6 1 (h) the person is a driving instructor who is with a driver for the 2 purposes of-- 3 (i) driver instruction; or 4 (ii) driver assessment; or 5 (i) the person is a heavy vehicle driver assessor who is with a 6 driver for the purposes of driver assessment; or 7 (j) the person is a driving supervisor who is with a person who 8 holds a learner licence (a learner driver) while the learner 9 driver drives a motor vehicle that displays, or ought to display, 10 L-plates on a road or road related area. 11 6 Section 4B (3) to (5) 12 substitute 13 (3) In this section: 14 driver assessment--see the Road Transport (Driver Licensing) 15 Regulation 2000, dictionary. 16 driver instruction--see the Road Transport (Driver Licensing) 17 Regulation 2000, dictionary. 18 driving instructor--see the Road Transport (Driver Licensing) 19 Regulation 2000, dictionary. 20 driving supervisor--see the Road Transport (Driver Licensing) 21 Regulation 2000, section 21 (1). 22 heavy vehicle driver assessor--see the Road Transport (Driver 23 Licensing) Regulation 2000, dictionary. 24 public passenger vehicle--see the Road Transport (Public 25 Passenger Services) Act 2001, dictionary. Road Transport (Drink Driving) Legislation Amendment page 5 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 7 Section 4B (5), new definition of public passenger vehicle 2 insert 3 public passenger vehicle--see the Road Transport (Public 4 Passenger Services) Act 2001, dictionary. 5 8 Section 4C 6 substitute 7 4C Meaning of prescribed concentration of alcohol 8 For this Act, the prescribed concentration of alcohol in a person's 9 blood or breath is-- 10 (a) for a special driver--more than 0g of alcohol in 100mL of 11 blood or 210L of breath; or 12 (b) for any other person--0.05g or more of alcohol in 100mL of 13 blood or 210L of breath. 14 4D How alcohol concentration may be expressed 15 (1) For this Act, an analysis of a concentration of alcohol in a person's 16 blood or breath may be expressed as follows: 17 (a) the amount of alcohol, in grams, in 100mL of blood if the 18 analysis is based on-- 19 (i) a sample of blood; or 20 (ii) a sample of breath measured by a breath analysis 21 instrument; 22 (b) the amount of alcohol, in grams, in 210L of breath if the 23 analysis is based on a sample of breath measured by a breath 24 analysis instrument. page 6 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 (2) For this Act, an amount of alcohol measured in grams as part of 2 210L of breath is equivalent to the same amount of alcohol in grams 3 as part of 100mL of blood. 4 4E Reference to level of alcohol concentration 5 For this Act, a reference to a concentration of alcohol at a level 6 mentioned in an item in table 4E, column 2, is a reference to the 7 concentration of alcohol mentioned in the item, column 3, in 100mL 8 of blood or 210L of breath. 9 Table 4E column 1 column 2 column 3 item level alcohol concentration range 1 level 1 less than 0.05g 2 level 2 0.05g or more but less than 0.08g 3 level 3 0.08g or more but less than 0.15g 4 level 4 0.15g or more 10 9 Section 4D 11 substitute 12 4F Meaning of first offender and repeat offender 13 (1) A person who is convicted or found guilty of a disqualifying offence 14 is a first offender in relation to the offence if the person is not a 15 repeat offender in relation to the offence. 16 (2) A person who is convicted or found guilty of a disqualifying offence 17 is a repeat offender in relation to the offence if-- 18 (a) the person has been convicted or found guilty of a relevant 19 offence committed at any time before the disqualifying offence 20 was committed (whether or not the person had been convicted Road Transport (Drink Driving) Legislation Amendment page 7 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 or found guilty of the relevant offence when the person 2 committed the disqualifying offence); or 3 (b) the person is convicted or found guilty of 1 or more relevant 4 offences concurrently with being convicted or found guilty of 5 the disqualifying offence, and 1 or more of the relevant 6 offences were committed before the disqualifying offence. 7 (3) However, a person who is convicted or found guilty of a 8 disqualifying offence that was committed before the commencement 9 of the Road Transport (Drink Driving) Legislation Amendment 10 Act 2010, section 9, is a repeat offender in relation to the offence 11 only if: 12 (a) the person has been convicted or found guilty of a relevant 13 offence within 5 years before being convicted or found guilty 14 of the disqualifying offence; or 15 (b) the person is convicted or found guilty of 1 or more relevant 16 offences concurrently with being convicted or found guilty of 17 the disqualifying offence, and 1 or more of the relevant 18 offences were committed before the disqualifying offence. 19 (4) Subsection (3) and this subsection expire 5 years after the day this 20 section commences. 21 (5) In this section: 22 relevant offence means-- 23 (a) a disqualifying offence; or 24 (b) a corresponding offence; or page 8 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (c) an offence against the Crimes Act 1900, section 29 (Culpable 2 driving of motor vehicle), in which the person who committed 3 the offence was incapable of having proper control of a vehicle 4 involved in the offence because of the influence of alcohol or a 5 drug on the person. 6 Note Found guilty, of an offence, includes having the offence taken into 7 account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding 8 additional offences taken into account in sentencing), (see Legislation 9 Act, dict, pt 1). 10 10 Sections 5 and 6 11 substitute 12 5 Meaning of screening device 13 In this Act: 14 screening device means a device prescribed by regulation that is 15 designed to analyse a sample of a person's breath to indicate if the 16 person's blood or breath contains the presence of alcohol. 17 Note A screening device is used to carry out a screening test (see pt 2). 18 5A Meaning of breath analysis instrument 19 In this Act: 20 breath analysis instrument means an instrument prescribed by 21 regulation that is designed to analyse a sample of a person's breath 22 to record the concentration of alcohol in the person's breath in either 23 or both of the following: 24 (a) in grams per 100mL of blood; 25 (b) in grams per 210L of breath. 26 Note A breath analysis instrument is used to carry out breath analysis (see 27 pt 2). Road Transport (Drink Driving) Legislation Amendment page 9 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 5B Testing screening devices and breath analysis 2 instruments 3 (1) A regulation may make provision in relation to the testing and 4 maintenance of screening devices and breath analysis instruments. 5 (2) Without limiting subsection (1), a regulation may make provision 6 for approval by the chief police officer of people to test and 7 maintain screening devices and breath analysis instruments. 8 6 Authorisation of operators 9 (1) The chief police officer may authorise a police officer to carry out 10 breath analysis for this Act. 11 (2) The chief police officer may authorise a police officer only if the 12 chief police officer considers that the police officer is suitably 13 qualified to carry out breath analysis. 14 6A Register of authorised operators 15 (1) The chief police officer must keep a register of police officers 16 authorised under section 6. 17 (2) The register-- 18 (a) must include the service number of each police officer 19 authorised under section 6; and 20 (b) may include any other information the chief police officer 21 considers appropriate. 22 (3) The register may be kept in the form of, or as part of, 1 or more 23 computer databases or in any other form the chief police officer 24 considers appropriate. 25 (4) The chief police officer may correct any mistake, error or omission 26 in the register subject to any requirements prescribed by regulation. page 10 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 (5) The chief police officer may change a detail included in the register 2 to keep the register up-to-date. 3 (6) The register must be available for public inspection, free of charge, 4 during normal business hours on any business day. 5 7 Appointment of analysts 6 The road transport authority may appoint a person as an analyst for 7 this Act. 8 Note 1 For the making of appointments (including acting appointments), see 9 the Legislation Act, pt 19.3. 10 Note 2 In particular, a person may be appointed for a particular provision of a 11 law (see Legislation Act, s 7 (3)) and an appointment may be made by 12 naming a person or nominating the occupant of a position (see 13 Legislation Act, s 207). 14 7A Approval of laboratories 15 The road transport authority may, in writing, approve a laboratory or 16 other entity as an approved laboratory for this Act. 17 11 Section 11 18 substitute 19 11 Detention for breath analysis 20 (1) This section applies if-- 21 (a) a person undergoes a screening test under a requirement made 22 by a police officer under section 8, section 9 or section 10 and 23 the screening device used for the test indicates that the 24 concentration of alcohol in the person's blood or breath is the 25 prescribed concentration; or Road Transport (Drink Driving) Legislation Amendment page 11 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 1 (b) a person required by a police officer to undergo a screening 2 test under section 8, section 9 or section 10 fails or refuses to 3 undergo the test in accordance with the directions of the police 4 officer. 5 (2) The police officer may take the person into custody. 6 (3) If the police officer has reasonable cause to suspect that the person 7 is a special driver, the police officer may take the person into 8 custody if the concentration of alcohol in the person's blood or 9 breath is the prescribed concentration for a special driver. 10 (4) If a person is taken into custody under this section, a police officer 11 must take the person, as soon as practicable, to a police station or 12 other convenient place (for example, a police vehicle) for the person 13 to undergo breath analysis. 14 Example--s (4) 15 A person who is injured and is taken by a police officer to hospital for first aid 16 and then to a police station for breath analysis has been taken to a police station as 17 soon as practicable. 18 Note An example is part of the Act, is not exhaustive and may extend, but 19 does not limit, the meaning of the provision in which it appears (see 20 Legislation Act, s 126 and s 132). 21 12 Breath analysis 22 Section 12 (2) 23 omit 24 approved operator 25 substitute 26 authorised operator page 12 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 13 Section 12 (3) (a) 2 substitute 3 (a) make provision for and in relation to the procedures to be 4 followed by an authorised operator immediately before 5 beginning a breath analysis, during the breath analysis and 6 immediately after the completion of the breath analysis; and 7 14 Section 12 (3) (b) 8 omit 9 approved operator 10 substitute 11 authorised operator 12 15 Section 12 (4) 13 omit 14 approved breath analysis instruments 15 substitute 16 breath analysis instruments 17 16 Section 12 (6) 18 omit 19 approved operator 20 substitute 21 authorised operator Road Transport (Drink Driving) Legislation Amendment page 13 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 17 1 17 Precautions for privacy 2 Section 13 3 omit 4 approved operator 5 substitute 6 authorised operator 7 18 Restrictions on screening tests and breath analyses 8 Section 14 (1) 9 omit 10 approved operator 11 substitute 12 authorised operator 13 19 Taking blood samples from people in custody 14 Section 15 (1) (b) 15 omit 16 an approved breath analysis instrument 17 substitute 18 a breath analysis instrument 19 20 Section 15 (7), (8) and (9) 20 substitute 21 (7) The doctor or nurse (the sample taker) taking a sample of blood 22 from a person (the tested person) must-- 23 (a) take the sample in the presence of a police officer; and 24 (b) place the sample into a container; and page 14 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 21 1 (c) attach a label to the container that includes the following 2 information: 3 (i) the sample taker's name; 4 (ii) the tested person's name; 5 (iii) the date and time the sample was taken; and 6 (d) ensure that the container is sealed with a tamper-evident seal 7 that has a unique identifying number marked on it; and 8 (e) put the sealed container into a one-way box. 9 (8) The chief police officer must, as soon as practicable, arrange for the 10 container to be collected from the one-way box by an analyst. 11 21 Taking blood samples from people in hospital 12 Section 15AA (2), (3) and (4) 13 substitute 14 (2) The person (the sample taker) taking a sample of blood from a 15 patient must-- 16 (a) place the sample into a container; and 17 (b) attach a label to the container that includes the following 18 information: 19 (i) the sample taker's name; 20 (ii) the patient's name; 21 (iii) the date and time the sample was taken; and 22 (c) ensure that the container is sealed with a tamper-evident seal 23 that has a unique identifying number marked on it; and 24 (d) put the sealed container into a one-way box. 25 (3) The chief police officer must, as soon as practicable, arrange for the 26 container to be collected from the one-way box by an analyst. Road Transport (Drink Driving) Legislation Amendment page 15 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 22 1 22 Sections 15A and 15B 2 substitute 3 15A Analysis of blood samples 4 (1) This section applies if, under section 15 or section 15AA-- 5 (a) a sample of blood is taken from a person (the tested person) for 6 analysis; and 7 (b) an analyst has collected the sealed container containing the 8 sample from a one-way box. 9 (2) The analyst must, as soon as practicable, arrange for the analysis of 10 the sample of blood at an approved laboratory to work out the 11 concentration of alcohol in the blood. 12 (3) If a police officer has reasonable cause to suspect that the tested 13 person has a medicine or drug other than alcohol in the person's 14 body, or that the tested person's behaviour may be affected by the 15 presence of a medicine or drug other than alcohol in the person's 16 body, the police officer may ask the analyst to work out-- 17 (a) whether 1 or more medicines or drugs are present in the 18 sample; and 19 (b) if a medicine or drug is present in the sample--the 20 concentration, quantity or other measurement of the medicine 21 or drug. 22 (4) The analyst must, as far as practicable, comply with the police 23 officer's request. 24 (5) The analyst must take reasonable care to ensure that a part 25 (the preserved part) of the sample sufficient for analysis to be 26 carried out for the tested person is protected and preserved until-- 27 (a) if a request is made under subsection (6)--the preserved part is 28 sent to the laboratory nominated by the tested person; or page 16 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 22 1 (b) in any other case-- 2 (i) 1 year has passed since the sample was taken from the 3 tested person; or 4 (ii) a later time requested by the DPP under section 16B 5 (Keeping of samples--request by DPP). 6 (6) Before the end of the period mentioned in subsection (5) (b), the 7 tested person may ask that the preserved part of the sample be sent, 8 at the tested person's expense, to a laboratory nominated by the 9 person. 10 (7) If a request is made under subsection (6), the analyst must ensure 11 that the preserved part of the sample is sent to the nominated 12 laboratory as soon as practicable. 13 15B Blood analysis statement 14 (1) As soon as practicable after an analysis of a sample of a person's 15 blood is carried out under section 15A, the chief police officer must 16 ensure the person is given a written statement that includes the 17 following information: 18 (a) the date and the time the blood sample was taken; 19 (b) the unique identifying number on the tamper-evident seal; 20 (c) the place where the blood sample was taken; 21 (d) the result of the analysis; 22 (e) the address where the preserved part of the blood sample is 23 being held; 24 (f) that the person will be notified, in writing, of a request (if any) 25 by the DPP under section 16B (Keeping of samples--request 26 by DPP); Road Transport (Drink Driving) Legislation Amendment page 17 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 23 1 (g) that the person may, before the end of the period mentioned in 2 section 15A (5) (b), ask the analyst to send the preserved part 3 of the blood sample to a laboratory nominated by the person, at 4 the person's expense. 5 (2) In this section: 6 preserved part--see section 15A (5). 7 23 Section 16 (2) 8 before 9 drug other than alcohol 10 insert 11 medicine or 12 24 Section 16 (7), (8) and (9) 13 substitute 14 (7) The person (the sample taker) taking a sample from a person 15 (the tested person) under this section must-- 16 (a) place the sample into a container; and 17 (b) attach a label to the container that includes the following 18 information: 19 (i) the sample taker's name; 20 (ii) the patient's name; 21 (iii) the date and time the sample was taken; and 22 (c) ensure that the container is sealed with a tamper-evident seal 23 that has a unique identifying number marked on it; and 24 (d) put the sealed container into a one-way box. page 18 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 25 1 (8) The chief police officer must, as soon as practicable, arrange for the 2 container to be collected from the one-way box by an analyst. 3 25 Section 16A 4 substitute 5 16A Analysis of body samples 6 (1) This section applies if, under section 16-- 7 (a) a body sample is taken from a person (the tested person) for 8 analysis; and 9 (b) an analyst has collected the sealed container containing the 10 sample from a one-way box. 11 (2) The analyst must, as soon as practicable, arrange for the analysis of 12 the sample at an approved laboratory to work out, as far as 13 practicable-- 14 (a) whether any medicine or drug other than alcohol was present in 15 the person's body when the sample was taken; and 16 (b) if the sample is of the person's blood--the concentration, 17 quantity or other measurement of a medicine or drug, other 18 than alcohol, in the blood. 19 (3) The analyst must take reasonable care to ensure that a part 20 (the preserved part) of the sample sufficient for analysis to be 21 carried out for the tested person is protected and preserved until-- 22 (a) if a request is made under subsection (4)--the preserved part is 23 sent to the laboratory nominated by the tested person; or 24 (b) in any other case-- 25 (i) 1 year has passed since the sample was taken from the 26 tested person; or Road Transport (Drink Driving) Legislation Amendment page 19 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 25 1 (ii) a later time requested by the DPP under section 16B 2 (Keeping of samples--request by DPP). 3 (4) Before the end of the period mentioned in subsection (3) (b), the 4 tested person may ask that the preserved part of the sample be sent, 5 at the tested person's expense, to a laboratory nominated by the 6 person. 7 (5) If a request is made under subsection (4), the analyst must ensure 8 that the preserved part of the sample is sent to the nominated 9 laboratory as soon as practicable. 10 16B Keeping of samples--request by DPP 11 (1) This section applies if-- 12 (a) 1 year has passed since a sample of blood or a body sample 13 was taken from a person (the tested person) under this part; 14 and 15 (b) the preserved part of the sample has not been sent to a 16 nominated laboratory under section 15A (7) or section 16A (5); 17 and 18 (c) a proceeding against the tested person-- 19 (i) has not yet begun; or 20 (ii) has begun and not yet been finally decided (including any 21 appeals). 22 (2) The DPP may ask the approved laboratory where the analysis was 23 carried out to keep the preserved part of the sample until the end of 24 the proceeding (including any appeals). 25 (3) In this section: 26 preserved part--see section 16A (3). page 20 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 26 1 16C Destruction of samples 2 (1) This section applies to the part of a sample preserved under 3 section 15A (5) (Analysis of blood samples) or section 16A (3) 4 (Analysis of body samples). 5 (2) An analyst must arrange for the preserved part to be destroyed after 6 the end of the period for which the preserved part must be kept 7 under section 15A (5) (b) or section 16A (3) (b). 8 26 Protection of police officers and medical staff 9 Section 18 (3) (a) 10 omit 11 approved operator 12 substitute 13 authorised operator 14 27 Section 19 15 substitute 16 19 Prescribed concentration of alcohol in blood or breath 17 (1) A person commits an offence if the person-- 18 (a) has been the driver of a motor vehicle on a public street or in a 19 public place; and 20 (b) has, within the relevant period, the prescribed concentration of 21 alcohol in the person's blood or breath. 22 (2) A person convicted of an offence under this section is punishable in 23 accordance with section 26. 24 (3) In a proceeding for an offence against subsection (1), evidence may 25 be given of the concentration of alcohol in the person's blood or 26 breath based on-- Road Transport (Drink Driving) Legislation Amendment page 21 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 28 1 (a) for proof of the concentration of alcohol in the person's blood 2 or breath--an analysis of a sample of the person's breath 3 carried out in accordance with this Act; or 4 (b) for proof of the concentration of alcohol in the person's 5 blood--an analysis of a sample of the person's blood carried 6 out at an approved laboratory and certified accurate by an 7 analyst. 8 (4) In this section: 9 relevant period means the period beginning when the person ceased 10 to be the driver of the vehicle and ending at the latest time when-- 11 (a) a breath analysis of the person could be carried out under this 12 Act; or 13 (b) if a sample of the person's blood was taken under section 15 or 14 section 15AA--a sample of the person's blood could be taken 15 under the section. 16 28 Defence if person did not intend to drive motor vehicle 17 Section 21 (b) 18 substitute 19 (b) the person did not intend to drive the motor vehicle until a time 20 when the concentration of alcohol in the person's blood or 21 breath was no longer the prescribed concentration for the 22 person. 23 29 New section 21A 24 insert 25 21A Defence if special driver with lower concentration of 26 alcohol from allowable source 27 (1) This section applies if-- page 22 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 30 1 (a) a person is a special driver charged with an offence against 2 section 19; and 3 (b) the concentration of alcohol in the person's blood or breath is 4 not more than 0.02g in 100mL of the person's blood or 210L 5 of the person's breath. 6 (2) It is a defence to a prosecution for the offence if the defendant 7 proves that the concentration of alcohol in the defendant's blood or 8 breath was caused by-- 9 (a) the consumption of an alcoholic beverage that formed part of a 10 religious observance; or 11 (b) the consumption or use of a substance that was not, entirely or 12 partly, consumed or used for its alcohol content. 13 Example--substance 14 food or medicine that contains alcohol 15 Note 1 A defendant has a legal burden in relation to the matters 16 mentioned in s (2) (see Criminal Code, s 59). 17 Note 2 An example is part of the Act, is not exhaustive and may extend, 18 but does not limit, the meaning of the provision in which it 19 appears (see Legislation Act, s 126 and s 132). 20 30 Fines and imprisonment--s 19 offences 21 Section 26 22 after 23 person's blood 24 insert 25 or breath Road Transport (Drink Driving) Legislation Amendment page 23 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 31 1 31 Table 26, column 2 heading 2 substitute 3 column 2 4 alcohol 5 concentration level 6 32 Sections 29 and 30 7 omit 8 33 Automatic driver licence disqualification--first offenders, 9 s 19 10 Section 32 11 after 12 person's blood 13 insert 14 or breath 15 34 Table 32, column 2 heading 16 substitute 17 column 2 18 alcohol 19 concentration level page 24 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 35 1 35 Automatic driver licence disqualification--repeat 2 offenders, s 19 3 Section 33 4 after 5 person's blood 6 insert 7 or breath 8 36 Table 33, column 2 heading 9 substitute 10 column 2 11 alcohol 12 concentration level 13 37 New section 35 14 insert 15 35 Automatic driver licence disqualification--immediate 16 suspension period 17 (1) This section applies to a person if the person-- 18 (a) is given an immediate suspension notice; and 19 (b) is convicted or found guilty of the immediate suspension 20 offence to which the notice relates; and 21 (c) is disqualified under this part from holding or obtaining a 22 driver licence. Road Transport (Drink Driving) Legislation Amendment page 25 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 38 1 (2) The period for which the person is disqualified from holding or 2 obtaining a driver licence under this part (including any period of 3 minimum disqualification under section 32 or section 33) is reduced 4 by the period that the person's driver licence was suspended under 5 the Road Transport (General) Act 1999, section 61A. 6 (3) However, subsection (2) does not apply if, on hearing the charge for 7 the immediate suspension offence, a court is satisfied that the person 8 did not comply with the immediate suspension notice. 9 (4) In this section: 10 immediate suspension notice--see the Road Transport (General) 11 Act 1999, dictionary. 12 immediate suspension offence--see the Road Transport (General) 13 Act 1999, dictionary. 14 38 Additional powers of court 15 Section 38 16 omit 17 39 Certificate of evidence 18 Section 41 (1) (a) (i) 19 omit 20 approved operator 21 substitute 22 authorised operator page 26 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 40 Section 41 (1) (a) (ii) 2 omit 3 an approved breath analysis instrument 4 substitute 5 a breath analysis instrument 6 41 Section 41 (1) (a) (iv) and (ix) 7 omit 8 approved breath analysis instrument 9 substitute 10 breath analysis instrument 11 42 Section 41 (1) (b) (i) 12 omit 13 approved operator 14 substitute 15 authorised operator 16 43 Section 41 (1) (b) (ii) 17 omit 18 an approved breath analysis instrument 19 substitute 20 a breath analysis instrument Road Transport (Drink Driving) Legislation Amendment page 27 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 44 1 44 Section 41 (1) (b) (iv) 2 omit 3 approved breath analysis instrument 4 substitute 5 breath analysis instrument 6 45 Section 41 (1) (c) 7 omit 8 an approved breath analysis instrument 9 substitute 10 a breath analysis instrument 11 46 Section 41 (1) (d) 12 substitute 13 (d) a certificate that appears to be signed by a person who is a 14 doctor or nurse and states the following is evidence of the 15 matter: 16 (i) that the person is a doctor or nurse; 17 (ii) that the person took a sample of blood or other body 18 sample from a person mentioned in the certificate 19 (the relevant person) on a stated day, at a stated time, in 20 a stated place; 21 (iii) that the person placed the sample of blood or other body 22 sample into a container; 23 (iv) that the person attached a label to the container that 24 contained the following information: 25 (A) the person's name; page 28 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 47 1 (B) the relevant person's name; 2 (C) the date and time the sample was taken; 3 (v) that the person sealed the container with a tamper-evident 4 seal that had a stated unique identifying number on it; 5 (vi) that the person placed the sealed container into a one-way 6 box; 7 (vii) if the sample was taken under section 15--that, when the 8 sample was taken, the person believed that the relevant 9 person was, at that time, because of the relevant person's 10 medical condition, incapable of giving or refusing 11 permission to take a sample of blood. 12 47 Section 41 (1) (f) 13 omit 14 48 Section 41 (1) (h) 15 substitute 16 (h) a certificate that appears to be signed by a person who is an 17 analyst and states the following is evidence of the matter: 18 (i) that the person is an analyst; 19 (ii) that a blood sample or body sample (the analysed 20 sample) was analysed at an approved laboratory; 21 (iii) that the analysed sample was in a container-- 22 (A) labelled in accordance with section 15 (7) (Taking 23 blood samples from people in custody), 24 section 15AA (2) (Taking blood samples from 25 people in hospital) or section 16 (7) (Medical 26 examinations); and Road Transport (Drink Driving) Legislation Amendment page 29 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 49 1 (B) sealed with a tamper-evident seal marked with a 2 stated unique identifying number; 3 (iv) that the tamper-evident seal did not appear to have been 4 interfered with; 5 (v) the analysis to which the analysed sample was subjected; 6 (vi) the result of the analysis; 7 (vii) that the analysis was accurate. 8 49 Effect of noncompliance--analysis of breath or blood 9 Section 42 (1) 10 after 11 provision 12 insert 13 (a testing provision) 14 50 Section 42 (2) 15 substitute 16 (2) The court must dismiss the charge unless satisfied that despite the 17 failure to comply with a testing provision the result obtained in the 18 breath analysis, or the blood sample analysis, would have been the 19 prescribed concentration for the person. 20 51 Effect of noncompliance--analysis of body sample 21 Section 42A (1) 22 after 23 provision 24 insert 25 (a testing provision) page 30 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 52 1 52 Section 42A (2) 2 omit 3 the provision of this Act mentioned in subsection (1) 4 substitute 5 the testing provision 6 53 Effect of noncompliance--refusal to give sample of 7 breath 8 Section 42B (1) 9 after 10 provision 11 insert 12 (a testing provision) 13 54 Section 42B (2) 14 substitute 15 (2) The court must dismiss the charge unless satisfied that despite the 16 failure to comply with a testing provision the result obtained in a 17 breath analysis, if it had taken place, would have been the prescribed 18 concentration for the person. 19 55 Rehabilitation programs 20 Part 8 21 omit Road Transport (Drink Driving) Legislation Amendment page 31 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 56 1 56 Power of arrest 2 Section 45 3 omit 4 an approved screening device 5 substitute 6 a screening device 7 57 Penalty for escaping from custody 8 Section 46 9 omit 10 58 New part 21 11 insert 12 Part 21 Transitional--Road Transport 13 (Drink Driving) Legislation 14 Amendment Act 2010 15 105 Meaning of commencement day--pt 21 16 (1) In this part: 17 commencement day means the day the Road Transport (Drink 18 Driving) Legislation Amendment Act 2010, section 10 commences. 19 (2) This section expires 6 months after the day it commences. 20 106 Approved operator--authorisation in force before 21 commencement day 22 (1) This section applies if-- page 32 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 (a) before the commencement day, the chief police officer 2 authorised a police officer under section 6 (1) (Approval of 3 operators, analysts and laboratories) to carry out breath 4 analysis; and 5 (b) immediately before the commencement day the authorisation 6 was in force. 7 (2) The police officer is taken to be an authorised officer for this Act for 8 6 months starting on the commencement day unless the 9 authorisation is earlier ended. 10 (3) This section expires 6 months after the day it commences. 11 107 Approved analyst--appointment in force before 12 commencement day 13 (1) This section applies if-- 14 (a) before the commencement day, the Minister appointed a 15 person as an approved analyst under section 6 (2) (Approval of 16 operators, analysts and laboratories); and 17 (b) immediately before the commencement day the appointment 18 was in force. 19 (2) The appointment is taken to be an appointment under 20 section 7 (Appointment of analysts) and continues in force for 21 6 months starting on the commencement day unless earlier ended. 22 (3) This section expires 6 months after the day it commences. 23 108 Approved laboratory--approval in force before 24 commencement day 25 (1) This section applies if-- Road Transport (Drink Driving) Legislation Amendment page 33 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 (a) before the commencement day, the Minister approved a 2 laboratory or other entity (however described) under 3 section 6 (3) (Approval of operators, analysts and laboratories) 4 as an approved laboratory; and 5 (b) immediately before the commencement day the approval was 6 in force. 7 (2) The approval is taken to be an approval under section 7A (Approval 8 of laboratories) and continues in force for 6 months starting on the 9 commencement day unless earlier ended. 10 (3) This section expires 6 months after the day it commences. 11 109 Transitional regulations 12 (1) A regulation may prescribe transitional matters necessary or 13 convenient to be prescribed because of the enactment of the Road 14 Transport (Drink Driving) Legislation Amendment Act 2010. 15 (2) A regulation may modify this part (including in relation to another 16 territory law) to make provision in relation to anything that, in the 17 Executive's opinion, is not, or is not adequately or appropriately, 18 dealt with in this part. 19 (3) A regulation under subsection (2) has effect despite anything else in 20 this Act or another territory law. 21 110 Expiry--pt 21 22 (1) This part expires 2 years after the day it commences. 23 (2) This part is a law to which the Legislation Act, section 88 (repeal 24 does not end effect of transitional laws etc) applies. page 34 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 59 1 59 Dictionary, new definition of analyst 2 insert 3 analyst means a person appointed by the road transport authority 4 under section 7. 5 60 Dictionary, definitions of approved analyst and approved 6 breath analysis instrument 7 omit 8 61 Dictionary, definition of approved laboratory 9 substitute 10 approved laboratory means a laboratory or other entity approved by 11 the road transport authority under section 7A. 12 62 Dictionary, definitions of approved operator and 13 approved screening device 14 omit 15 63 Dictionary, new definition of authorised operator 16 insert 17 authorised operator means a police officer whose service number is 18 included in the register kept under section 6A. 19 64 Dictionary, definition of breath analysis 20 omit 21 means of an approved breath analysis instrument 22 substitute 23 a breath analysis instrument Road Transport (Drink Driving) Legislation Amendment page 35 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 65 1 65 Dictionary, new definition of breath analysis instrument 2 insert 3 breath analysis instrument--see section 5A. 4 66 Dictionary, definition of first offender 5 omit 6 section 4D 7 substitute 8 section 4F 9 67 Dictionary, new definition of heavy vehicle 10 insert 11 heavy vehicle--see the Road Transport (Vehicle Registration) 12 Act 1999, dictionary. 13 68 Dictionary, definition of level 14 substitute 15 level, for a concentration of alcohol in blood or breath--see 16 section 4E. 17 69 Dictionary, new definition of medicine 18 insert 19 medicine--see the Medicines, Poisons and Therapeutic Goods 20 Act 2008, dictionary. page 36 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 70 1 70 Dictionary, definition of prescribed concentration 2 substitute 3 prescribed concentration means-- 4 (a) for a special driver--see section 4C (a); and 5 (b) for any other person--see section 4C (b). 6 71 Dictionary, definition of repeat offender 7 omit 8 section 4D 9 substitute 10 section 4F 11 72 Dictionary, new definition of screening device 12 insert 13 screening device--see section 5. 14 73 Dictionary, definition of screening test 15 omit 16 means of an approved screening device 17 substitute 18 a screening device 19 74 Legislative instruments repealed 20 All legislative instruments under the Road Transport (Alcohol and 21 Drugs) Act 1977, section 6 are repealed. Road Transport (Drink Driving) Legislation Amendment page 37 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 75 1 Part 3 Road Transport (Alcohol and 2 Drugs) Regulation 2000 3 75 Legislation amended--pt 3 4 This part amends the Road Transport (Alcohol and Drugs) 5 Regulation 2000. 6 76 New sections 2 and 3 7 insert 8 2 Screening device--Act, s 5, def screening device 9 The following devices are prescribed: 10 (a) Alcolizer LE; 11 (b) lion alcolmeter SD-400. 12 3 Breath analysis instrument--Act, s 5A, def breath 13 analysis instrument 14 The Dräger Alcotest 7110 MKV is prescribed. page 38 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 77 1 77 Schedule 1 heading 2 substitute 3 Schedule 1 Particulars for breath analysis 4 carried out using a Dräger 5 Alcotest 7110 MKV 6 78 Schedule 1, item 5 7 omit 8 approved operator 9 substitute 10 authorised operator Road Transport (Drink Driving) Legislation Amendment page 39 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 79 1 Part 4 Road Transport (Driver 2 Licensing) Act 1999 3 79 Legislation amended--pt 4 4 This part amends the Road Transport (Driver Licensing) Act 1999. 5 80 New section 28 (2) (s) 6 insert 7 (s) require a person convicted or found guilty of a disqualifying 8 offence against the Road Transport (Alcohol and Drugs) 9 Act 1977 to complete a course approved by the road transport 10 authority about the effects of alcohol, including its effects on 11 driving and health. page 40 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 81 1 Part 5 Road Transport (Driver 2 Licensing) Regulation 2000 3 81 Legislation amended--pt 5 4 This part amends the Road Transport (Driver Licensing) 5 Regulation 2000. 6 82 Section 45 (2), notes 1 and 2 7 substitute 8 Note 1 A person is not eligible to apply for a restricted licence if any of the 9 following provisions of the Road Transport (General) Act 1999 apply to 10 the person: 11 · s 66A (which is about disqualification in another jurisdiction) 12 · s 67 (which is about disqualification of repeat offenders) 13 · s 67A (2) (which is about disqualification of a first offender, under 14 the Road Transport (Alcohol and Drugs) Act 1977, who exceeds 15 the prescribed concentration of alcohol for the person by 0.05g or 16 more) 17 · s 67B (which is about disqualification until a court orders 18 otherwise) 19 · s 67C (which is about disqualification while holding a restricted 20 licence) 21 · s 88 (4) (which is about suspension or disqualification for default 22 in payment of an outstanding fine). 23 Note 2 Under the Road Transport (General) Act 1999, s 67A (4) and (5), a 24 person disqualified from holding a driver licence under an automatic 25 disqualification provision (see Road Transport (General) Act 1999, 26 s 61A), other than as a first offender under the Road Transport (Alcohol 27 and Drugs) Act 1977, is not eligible to apply for a restricted licence 28 during the minimum period of disqualification. Road Transport (Drink Driving) Legislation Amendment page 41 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 83 1 83 Driver licence condition codes 2 Table 10, item 8 3 substitute 8 The licence holder must not drive a motor vehicle if Z the holder has a concentration of alcohol of more than 0g in 100mL of blood or 210L of breath. 4 84 Section 20 (6), note 5 omit 6 85 Section 21 (1), new definition of driving supervisor 7 insert 8 driving supervisor means a person, other than a driving instructor, 9 who holds a full car licence, or a full licence of a higher class, and 10 who is performing driver instruction. 11 86 Section 21 (4) 12 omit 13 person who holds a full car licence or a full licence of a higher class 14 substitute 15 driving supervisor 16 87 Section 21 (5) 17 omit 18 person 19 substitute 20 driving supervisor page 42 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 88 1 88 Section 21 (6), note 2 omit 3 89 Section 36A (3), note 3 4 omit 5 90 Section 37A (3), note 3 6 omit 7 91 Section 49 (3), note 8 omit 9 92 Section 49 (3), new note 10 insert 11 Note Under s 73E (2), the road transport authority must not issue a restricted 12 licence to a person required to complete an alcohol awareness course 13 unless the person has given the authority written evidence that the 14 person has completed the course. 15 93 Section 52 (3), new note 16 insert 17 Note Under s 73D (3), the road transport authority must not issue a 18 probationary licence to a person whose driver licence has been 19 disqualified as a consequence of a conviction, or finding of guilt, for an 20 offence against the Road Transport (Alcohol and Drugs) Act 1977 if the 21 person has not given the authority written evidence that the person has 22 completed an alcohol awareness course. 23 94 Section 54, note 2 24 omit Road Transport (Drink Driving) Legislation Amendment page 43 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 95 1 95 Section 63 (3), note 2 2 omit 3 96 New division 3.13 4 insert 5 Division 3.13 Alcohol awareness courses 6 73A Application--div 3.13 7 This part applies to a person who commits a disqualifying offence 8 on or after the day the Act, section 28 (2) (s) commences. 9 73B Definitions--div 3.13 10 In this division: 11 alcohol awareness course means a course approved under 12 section 73I (Alcohol awareness course--approval). 13 disqualifying offence--see the Road Transport (Alcohol and 14 Drugs) Act 1977, dictionary. 15 73C Requirement to complete alcohol awareness course-- 16 person not disqualified 17 (1) This section applies to a person who-- 18 (a) is found guilty of a disqualifying offence; and 19 (b) is not disqualified from holding or obtaining a driver licence; 20 and 21 (c) has not completed an alcohol awareness course within the 22 previous 12 months. 23 (2) The person must complete an alcohol awareness course within 24 6 months after being found guilty of the disqualifying offence. page 44 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 96 1 (3) If the person does not complete an alcohol awareness course and 2 give the road transport authority written evidence to that effect 3 within the 6-month period, the authority must suspend the person's 4 driver licence. 5 (4) However, the road transport authority must end the suspension if the 6 authority receives written evidence that the person has completed an 7 alcohol awareness course. 8 73D Requirement to complete alcohol awareness course-- 9 person disqualified and not eligible for restricted licence 10 (1) This section applies to a person who-- 11 (a) is convicted or found guilty of a disqualifying offence; and 12 (b) is disqualified from holding or obtaining a driver licence; and 13 (c) is not eligible to apply for, or be issued with, a restricted 14 licence; and 15 (d) has not completed an alcohol awareness course within the 16 previous 12 months. 17 (2) The person must complete an alcohol awareness course before the 18 end of the period of disqualification. 19 (3) Despite section 52 (3) (When probationary licence must be issued), 20 if the person does not complete an alcohol awareness course and 21 give the road transport authority written evidence to that effect 22 before the end of the period of disqualification, the authority must 23 not issue a probationary licence to the person. 24 (4) However, the road transport authority must issue a probationary 25 licence to the person if the authority receives written evidence that 26 the person has completed an alcohol awareness course after the end 27 of the disqualification period. Road Transport (Drink Driving) Legislation Amendment page 45 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 96 1 73E Requirement to complete alcohol awareness course-- 2 person disqualified and eligible for restricted licence 3 (1) This section applies to a person if-- 4 (a) the person is convicted or found guilty of a disqualifying 5 offence; and 6 (b) the person is disqualified from holding or obtaining a driver 7 licence; and 8 (c) the Magistrates Court has made an order authorising the road 9 transport authority to issue a restricted licence to the person; 10 and 11 (d) the person has not completed an alcohol awareness course 12 within the previous 12 months. 13 (2) Despite section 49 (Issue of restricted licence by road transport 14 authority), the road transport authority must not issue a restricted 15 licence to the person unless the person has completed an alcohol 16 awareness course and given the road transport authority written 17 evidence to that effect. 18 73F Requirement to complete alcohol awareness course-- 19 person no longer disqualified and eligible for provisional 20 licence 21 (1) This section applies to a person if-- 22 (a) the person was convicted or found guilty of a disqualifying 23 offence; and 24 (b) the person was disqualified from holding or obtaining a driver 25 licence for the offence; and 26 (c) the Magistrates Court made an order authorising the road 27 transport authority to issue a restricted licence to the person for 28 the period of disqualification; and page 46 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 96 1 (d) the person-- 2 (i) did not apply for, or was not issued with, a restricted 3 licence; and 4 (ii) is eligible to apply for, or be issued with, a provisional 5 licence because the person is no longer disqualified from 6 holding or obtaining a provisional driver licence; and 7 (iii) has not completed an alcohol awareness course within the 8 previous 12 months. 9 (2) Despite section 52 (3) (When probationary licence must be issued), 10 the road transport authority must not issue a probationary licence to 11 the person unless the person has completed an alcohol awareness 12 course and given the road transport authority written evidence to 13 that effect. 14 73G Exemption from alcohol awareness course--application 15 (1) The road transport authority may, on application, grant a person an 16 exemption from the requirement to complete an alcohol awareness 17 course because of exceptional circumstances. 18 (2) The road transport authority may, in writing, require the applicant to 19 give the authority additional information or documents that the 20 authority reasonably needs to decide the application. 21 (3) If the applicant does not comply with a requirement under 22 subsection (2), the road transport authority may refuse to consider 23 the application. 24 73H Exemption from alcohol awareness course--decision on 25 application 26 (1) On an application by a person for an exemption from the 27 requirement to attend an alcohol awareness course, the road 28 transport authority must-- Road Transport (Drink Driving) Legislation Amendment page 47 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 97 1 (a) grant the exemption; or 2 (b) refuse to grant the exemption. 3 (2) The road transport authority must refuse to grant the exemption if 4 satisfied on reasonable grounds that exceptional circumstances do 5 not exist for granting the exemption. 6 73I Alcohol awareness course--approval 7 (1) The road transport authority may approve a course (an alcohol 8 awareness course) about the effects of alcohol, including its effects 9 on driving and health. 10 (2) An approval is a notifiable instrument. 11 Note A notifiable instrument must be notified under the Legislation Act. 12 97 New section 87 (1) (p) 13 before the note, insert 14 (p) the person has failed to complete an alcohol awareness course 15 as required under section 73C (Requirement to complete 16 alcohol awareness course--person not disqualified). 17 98 Dictionary, new definitions 18 insert 19 alcohol awareness course, for division 3.13 (Alcohol awareness 20 courses)--see section 73B. 21 disqualifying offence, for division 3.13 (Alcohol awareness 22 courses)--see section 73B. page 48 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 99 1 Part 6 Road Transport (General) Act 2 1999 3 99 Legislation amended--pt 6 4 This part amends the Road Transport (General) Act 1999. 5 100 Sections 58 and 58A 6 substitute 7 58 Police officer or authorised person may require name, 8 date of birth, address and driver licence--driver or rider 9 (1) A police officer or authorised person may, in the execution of any of 10 his or her functions under the road transport legislation, require the 11 driver of a vehicle, or the rider of an animal, to do any or all of the 12 following: 13 (a) for the driver of a motor vehicle--produce the person's 14 Australian driver licence or external driver licence; 15 (b) state the person's name; 16 (c) state the person's date of birth; 17 (d) state the person's home address. 18 (2) A person commits an offence if the person fails to comply with a 19 request made by a police officer or authorised person under 20 subsection (1). 21 Maximum penalty: 20 penalty units. 22 Note It is an offence to produce false or misleading documents (see Criminal 23 Code, s 339). 24 (3) It is a defence to a prosecution for an offence against 25 subsection (1) (a) if the defendant-- Road Transport (Drink Driving) Legislation Amendment page 49 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 100 1 (a) is not the driver of a heavy vehicle, or heavy combination, 2 when required to produce the licence; and 3 (b) has a reasonable excuse for failing to produce the licence when 4 required to do so; and 5 (c) within 3 days after being required to produce the licence, 6 produces the licence at a place prescribed by regulation or as 7 directed by the police officer or authorised person. 8 Note A defendant has a legal burden in relation to the matters mentioned in 9 s (3) (see Criminal Code, s 59). 10 58A Police officer or authorised person may require name, 11 date of birth, address and driver licence--supervisor, 12 instructor or assessor 13 (1) This section applies if-- 14 (a) a driving supervisor or driving instructor is with the holder of a 15 learner car licence (a learner driver) for the purposes of driver 16 instruction from the supervisor or instructor while the learner 17 driver drives a motor vehicle that displays, or ought to display, 18 L-plates on a road or road related area; or 19 (b) a driving instructor or heavy vehicle driver assessor is with a 20 driver for the purposes of driver assessment from the instructor 21 or assessor. 22 (2) A police officer or authorised person may require the driving 23 supervisor, driving instructor or heavy vehicle driver assessor to do 24 any or all of the following: 25 (a) produce the person's Australian driver licence; 26 (b) state the person's name; 27 (c) state the person's date of birth; 28 (d) state the person's home address. page 50 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 100 1 (3) A person commits an offence if the person fails to comply with a 2 request made by a police officer or authorised person under 3 subsection (2). 4 Maximum penalty: 20 penalty units. 5 Note It is an offence to produce false or misleading documents (see Criminal 6 Code, s 339). 7 (4) It is a defence to a prosecution for an offence against 8 subsection (2) (a) if the defendant-- 9 (a) is a driving supervisor, driving instructor or heavy vehicle 10 driver assessor when required to produce the licence; and 11 (b) has a reasonable excuse for failing to produce the licence when 12 required to do so; and 13 (c) within 3 days after being required to produce the licence, 14 produces the licence at a place prescribed by regulation or as 15 directed by the police officer or authorised person. 16 Note A defendant has a legal burden in relation to the matters mentioned in 17 s (4) (see Criminal Code, s 59). 18 (5) In this section: 19 driver assessment--see the Road Transport (Driver Licensing) 20 Regulation 2000, dictionary. 21 driver instruction--see the Road Transport (Driver Licensing) 22 Regulation 2000, dictionary. 23 driving instructor--see the Road Transport (Driver Licensing) 24 Regulation 2000, dictionary. 25 driving supervisor--see the Road Transport (Driver Licensing) 26 Regulation 2000, section 21 (1). 27 heavy vehicle driver assessor--see the Road Transport (Driver 28 Licensing) Regulation 2000, dictionary. Road Transport (Drink Driving) Legislation Amendment page 51 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 101 1 101 Division 4.2 heading 2 substitute 3 Division 4.2 Licence suspension, disqualification 4 and related matters 5 61A Definitions--div 4.2 6 In this division: 7 automatic disqualification provision means any of the following 8 provisions: 9 (a) section 62 (Automatic disqualification for culpable driving); 10 (b) section 63 (Automatic disqualification for certain other driving 11 offences); 12 (c) Road Transport (Alcohol and Drugs) Act 1977, section 32 13 (which is about automatic disqualification of first offender 14 drivers for exceeding the prescribed blood alcohol 15 concentration); 16 (d) Road Transport (Alcohol and Drugs) Act 1977, section 33 17 (which is about automatic disqualification of repeat offender 18 drivers for exceeding the prescribed blood alcohol 19 concentration); 20 (e) Road Transport (Alcohol and Drugs) Act 1977, section 34 21 (which is about automatic disqualification for other offences 22 against that Act); 23 (f) Road Transport (Driver Licensing) Act 1999, section 31 (3) 24 (which is about automatic disqualification for repeat offenders 25 for driving while not holding (and never having held) an 26 Australian driver licence); page 52 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 101 1 (g) Road Transport (Driver Licensing) Act 1999, section 32 (5) 2 (which is about automatic disqualification for an offence of 3 driving or fraudulently applying for a driver licence while 4 disqualified, or after licence suspension, cancellation or 5 refusal). 6 immediate suspension notice (or suspension notice) means a notice 7 under section 61B given to a person for an immediate suspension 8 offence. 9 immediate suspension offence (or suspension offence) means an 10 offence against any of the following provisions of the Road 11 Transport (Alcohol and Drugs) Act 1977 in the circumstances (if 12 any) mentioned for the provision: 13 (a) section 19 (Prescribed concentration of alcohol in blood or 14 breath), if the person to whom the offence relates is-- 15 (i) a special driver with a concentration of alcohol in the 16 person's blood or breath that is 0.05g or more per 100mL 17 of blood or 210L of breath; or 18 (ii) a driver, other than a special driver, with a concentration 19 of alcohol in the person's blood or breath that is 0.1g or 20 more per 100mL of blood or 210L of breath; 21 (b) section 22 (Refusing to provide breath sample); 22 (c) section 23 (Refusing blood test etc); 23 (d) section 24 (Driving under the influence of intoxicating liquor 24 or a drug); 25 (e) an offence prescribed for paragraph (e) of the definition of 26 disqualifying offence in the Road Transport (Alcohol and 27 Drugs) Act 1977, dictionary, by regulation under that Act. Road Transport (Drink Driving) Legislation Amendment page 53 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 101 1 special driver--see the Road Transport (Alcohol and Drugs) 2 Act 1977, dictionary. 3 suspension notice--see immediate suspension notice. 4 suspension offence--see immediate suspension offence. 5 61B Immediate suspension of licence 6 (1) If a police officer believes on reasonable grounds that a person has 7 committed an immediate suspension offence, the police officer must 8 give the person an immediate suspension notice for the offence. 9 (2) A suspension notice must include the following information: 10 (a) a unique identifying number; 11 (b) the date and time the notice is given; 12 (c) the full name, or surname and initials, and home address of the 13 person; 14 (d) particulars of the suspension offence to which the notice relates 15 and, if the offence is against the Road Transport (Alcohol and 16 Drugs) Act 1977, section 19 (Prescribed concentration of 17 alcohol in blood or breath), the quantity of alcohol alleged to 18 be present in the person's blood or breath; 19 (e) the service number of the police officer who gave the 20 suspension notice; 21 (f) a statement telling the person that while the notice is in 22 effect-- 23 (i) the notice suspends the person's driver licence; and 24 (ii) the person's driver licence must be surrendered to a 25 police officer in accordance with the requirements of the 26 notice; and 27 (iii) the person must not drive a vehicle in the ACT; and page 54 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 101 1 (iv) the person is not eligible to apply for a driver licence; and 2 (v) the person has a right to apply to the Magistrates Court 3 for a stay of the suspension notice; 4 (g) a statement telling the person that the notice ceases to have 5 effect if any of the circumstances mentioned in subsection (5) 6 apply; 7 (h) anything else prescribed by regulation. 8 (3) A suspension notice takes effect as soon as it is served on the 9 person. 10 (4) The following provisions apply if a person is served with a 11 suspension notice: 12 (a) the person's driver licence is suspended; 13 (b) the person must surrender to a police officer the person's driver 14 licence or, if the person is unable to do so at the time, the 15 person must surrender the licence as soon as practicable in 16 accordance with the terms of the suspension notice; 17 (c) the person must not drive a vehicle in the ACT; 18 (d) the person is not entitled to apply for, or be issued with, a 19 restricted licence during the suspension period. 20 (5) A suspension notice ceases to have effect if-- 21 (a) the Magistrates Court orders a stay of the notice; or 22 (b) the proceeding for the offence is withdrawn or discontinued; or 23 (c) the suspension offence for which the suspension notice was 24 issued is found proved, dismissed or taken into account by a 25 court. Road Transport (Drink Driving) Legislation Amendment page 55 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 101 1 61C Failure to surrender suspended licence 2 (1) A person commits an offence if the person fails to surrender the 3 person's driver licence when required to do so under 4 section 61B (4) (b). 5 Maximum penalty: 20 penalty units. 6 (2) An offence against this section is a strict liability offence. 7 61D Surrendered licences 8 (1) This section applies if a driver licence is surrendered to a police 9 officer under section 61B. 10 (2) The police officer must give the licence to the road transport 11 authority as soon as practicable (but within 14 days) after the licence 12 is surrendered to the police officer. 13 61E Application for stay of suspension notice 14 (1) A person may apply to the Magistrates Court for a stay of the 15 operation of a suspension notice. 16 (2) The application may be made by filing the following documents not 17 later than 28 days after the day the applicant was served with the 18 suspension notice: 19 (a) a notice setting out the grounds of the application; 20 (b) an affidavit in support of the application. 21 (3) The registrar must, as soon as practicable after the application is 22 filed, set a hearing date for the application. 23 (4) The chief police officer must file a summary of the prosecution case 24 including a brief summary of the evidence against the applicant not 25 later than 10 days after the day the chief police officer was given the 26 documents mentioned in subsection (2). page 56 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 101 1 (5) The registrar must, as soon as practicable after the chief police 2 officer has filed any documents under subsection (4), give-- 3 (a) the applicant a copy of the documents filed by the chief police 4 officer under subsection (4); and 5 (b) the applicant and the chief police officer notice in writing of 6 the time and place of the hearing of the application. 7 (6) Despite any error in a notice under subsection (5) or a failure to give 8 notice under that subsection, the court may hear and decide the 9 application if it is satisfied that the parties-- 10 (a) knew about the time and place of the hearing; and 11 (b) were not prejudiced by the error or failure. 12 61F Deciding application 13 (1) The Magistrates Court may hear and decide an application under 14 section 61E and may make an order-- 15 (a) confirming the decision to give the applicant an immediate 16 suspension notice; or 17 (b) staying the operation of the suspension notice; or 18 (c) any other order the court considers appropriate. 19 (2) However, in deciding an application under section 61E, the court 20 must not make an order staying the operation of a suspension notice 21 unless the court is satisfied that exceptional circumstances justify 22 making the order. 23 (3) The court must take into account the following matters when 24 deciding if exceptional circumstances justify making an order under 25 subsection (1) (b): 26 (a) the risk to the safety of other road users; 27 (b) the applicant's need for a licence; Road Transport (Drink Driving) Legislation Amendment page 57 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 102 1 (c) the strength of the prosecution case against the applicant; 2 (d) any other matter the court considers relevant. 3 (4) However, when deciding a person's application under section 61E 4 the court must not decide-- 5 (a) the guilt or innocence of the person for the offence to which 6 the suspension notice relates; or 7 (b) the imposition or level of a penalty for the offence. 8 102 Section 64 9 substitute 10 64 Court may order disqualification for other offences 11 (1) A court that convicts a person, or finds a person guilty, of an offence 12 against the road transport legislation may disqualify the person from 13 holding or obtaining a driver licence for the period the court 14 considers appropriate. 15 (2) However, if the offence is an offence against an automatic 16 disqualification provision, any order under subsection (1) is subject 17 to the automatic disqualification period for the offence. 18 (3) If the court disqualifies the person, the person is disqualified from 19 holding or obtaining a driver licence for the period ordered by the 20 court. 21 (4) A disqualification under this section is in addition to any penalty 22 imposed for the offence. 23 Note A court may also order that a driver is disqualified from obtaining or 24 holding an Australian driver licence under the Road Transport (Mass, 25 Dimensions and Loading) Act 2009, s 204. page 58 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 103 1 103 Effect of disqualification 2 Section 66 (6) and (7) 3 substitute 4 (6) Subject to any other provision of this division, a person who is 5 disqualified from holding or obtaining a driver licence is not eligible 6 to apply for, or be issued with, another driver licence, other than a 7 restricted licence, during the period of disqualification. 8 Note 1 Sections 66A to 67C affect the eligibility of a person to apply for or be 9 issued with a restricted licence. 10 Note 2 The following provisions of the road transport legislation also contain 11 limitations on the issue of restricted licences: 12 · s 45 (3) (which is about suspension for nonpayment of an 13 infringement notice) 14 · s 88 (4) (which is about suspension or disqualification for default in 15 payment of an outstanding fine) 16 · the Road Transport (Driver Licensing) Act 1999, s 18 (4), s 19 (7), 17 s 20 (3) and s 21 (7) (which are about suspension or licence 18 ineligibility under the demerit points system) 19 · the Road Transport (Driver Licensing) Act 1999, s 33 (5) (which is 20 about cancellation of a restricted licence because of contravention of 21 its conditions) 22 · the Road Transport (Driver Licensing) Regulation 2000. 23 66A Person disqualified in another jurisdiction not eligible for 24 restricted licence 25 (1) This section applies to a person if the person is disqualified from 26 holding or obtaining an Australian driver licence in another 27 jurisdiction. 28 (2) The person is not eligible to apply for, or be issued with, a restricted 29 licence during the period of disqualification. Road Transport (Drink Driving) Legislation Amendment page 59 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 104 1 104 Section 67 2 substitute 3 67 Disqualified repeat offender not eligible for restricted 4 licence--automatic disqualification provisions 5 (1) This section applies to a person if the person is-- 6 (a) disqualified from holding or obtaining a driver licence under 7 an automatic disqualification provision; and 8 (b) a repeat offender for the offence to which the disqualification 9 relates. 10 (2) The person is not eligible to apply for, or be issued with, a restricted 11 driver licence during the period of disqualification. 12 67A Eligibility of disqualified first offender for restricted 13 licence--automatic disqualification provisions 14 (1) This section applies to a person if the person is-- 15 (a) disqualified from holding or obtaining a driver licence under 16 an automatic disqualification provision; and 17 (b) a first offender for the offence to which the disqualification 18 relates. 19 (2) Subsection (3) applies to the person if-- 20 (a) the person is disqualified from holding or obtaining a driver 21 licence under the Road Transport (Alcohol and Drugs) 22 Act 1977, section 32 (Automatic driver licence 23 disqualification--first offenders, s 19) because the person was 24 convicted or found guilty of an offence against that Act, 25 section 19; and page 60 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 104 1 (b) when the person committed the offence the person was 2 either-- 3 (i) a special driver with a concentration of alcohol of 0.05g 4 or more in 100mL of the person's blood or 210L of the 5 person's breath; or 6 (ii) a driver other than a special driver with a concentration 7 of alcohol of 0.1 g or more in 100mL of the person's 8 blood or 210L of the person's breath when the person 9 committed the offence. 10 (3) The person is not eligible to apply for, or be issued with, a restricted 11 licence during the period of disqualification. 12 (4) Subsection (5) applies to the person if the person is disqualified 13 from holding or obtaining a driver licence under an automatic 14 disqualification provision, other than the Road Transport (Alcohol 15 and Drugs) Act 1977, section 32. 16 (5) The person is not eligible to apply for, or be issued with, a restricted 17 licence until the end of the minimum period of disqualification 18 applying to the person under the automatic disqualification 19 provision in relation to the offence (whether or not the period is 20 expressed to be such a minimum period). 21 Examples--minimum periods of disqualification 22 1 For s 62, the minimum period of disqualification is 6 months 23 (see s 62 (1) (a)). 24 2 For the Road Transport (Alcohol and Drugs) Act 1977, s 34, the minimum 25 period of disqualification is 6 months (see that Act, s 34 (1) (b)). Road Transport (Drink Driving) Legislation Amendment page 61 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 104 1 3 For the Road Transport (Driver Licensing) Act 1999, s 32 (1), (2) or (3), the 2 minimum period of disqualification is 12 months (see that Act, s 32 (5) (a)). 3 Note 1 The Road Transport (Alcohol and Drugs) Act 1977, s 32 applies to first 4 offenders and only applies for this section if the offender has a limited 5 concentration of alcohol in his or her blood or breath. That Act, s 33, 6 applies to repeat offenders. 7 Note 2 An example is part of the Act, is not exhaustive and may extend, but 8 does not limit, the meaning of the provision in which it appears (see 9 Legislation Act, s 126 and s 132). 10 (6) In this section: 11 special driver--see the Road Transport (Alcohol and Drugs) 12 Act 1977, dictionary. 13 67B Person disqualified until court order not eligible for 14 restricted licence 15 (1) This section applies to a person if the person is disqualified from 16 holding or obtaining a driver licence under section 65 17 (Disqualification until court order). 18 (2) The person is not eligible to apply for, or be issued with, a restricted 19 licence during the period of disqualification. 20 67C Disqualification while holder of restricted licence 21 (1) This section applies to a person who is the holder of a restricted 22 licence and is disqualified (whether or not by court order) from 23 holding or obtaining a driver licence because of being convicted or 24 found guilty by a court in Australia of an offence against the law of 25 any jurisdiction. 26 (2) The person is not eligible to apply for, or be issued with, another 27 restricted licence for the remainder of the period for which the 28 person was originally disqualified from holding or obtaining a driver 29 licence. page 62 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 105 1 105 Dictionary, new definitions 2 insert 3 automatic disqualification provision, for division 4.2 (Licence 4 suspension, disqualification and related matters)--see section 61A. 5 immediate suspension notice (or suspension notice), for 6 division 4.2 (Licence suspension, disqualification and related 7 matters)--see section 61A. 8 immediate suspension offence (or suspension offence), for 9 division 4.2 (Licence suspension, disqualification and related 10 matters)--see section 61A. 11 special driver, for division 4.2 (Licence suspension, disqualification 12 and related matters)--see section 61A. 13 suspension notice--see immediate suspension notice. 14 suspension offence--see immediate suspension offence. Road Transport (Drink Driving) Legislation Amendment page 63 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 106 1 Part 7 Road Transport (General) 2 Regulation 2000 3 106 Legislation amended--pt 7 4 This part amends the Road Transport (General) Regulation 2000. 5 107 Schedule 1, part 1.1 6 omit 7 108 Schedule 1, part 1.4, new item 19A 8 insert 19A 73H (1) (b) road transport authority--refuse to grant exemption from requirement to attend alcohol awareness course page 64 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 2 109 Legislation amended--pt 8 3 This part amends the Road Transport (Offences) Regulation 2005. 4 110 Schedule 1, part 1.3, items 10 to 12 5 substitute 10 23 (2) 10.1 · first offender behave in manner so 30 pu/6 impossible/impractical for blood sample to months be taken--first offender prison/both 10.2 · repeat offender behave in manner so 30 pu/12 impossible/impractical for blood sample to months be taken--repeat offender prison/both Road Transport (Drink Driving) Legislation Amendment Bill 2010 page 65 J2009-959 D12 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 11.1 · first offender fail/refuse to submit to medical 30 pu/6 examination--first offender months prison/both 11.2 · repeat offender fail/refuse to submit to medical 30 pu/12 examination--repeat offender months prison/both 12 23 (3) (b) 12.1 · first offender fail/refuse to give/permit taking of body 30 pu/6 sample--first offender months prison/both 12.2 · repeat offender fail/refuse to give/permit taking of body 30 pu/12 sample --repeat offender months prison/both 1 111 Schedule 1, part 1.3, item 15 2 omit page 66 Road Transport (Drink Driving) Legislation Amendment Bill 2010 J2009-959 D12 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 2 substitute 11 21 (5) (a) driving supervisor not supervise learner 20 99 driver 12 21 (5) (b) driving supervisor not take precautions to 20 99 prevent contravention by learner driver 3 113 Schedule 1, part 1.7, items 6 to 8 4 substitute 6 58 (2) 6.1 · requirement under driver/rider not produce licence 20 99 58 (1) (a) 6.2 · requirement under driver/rider not state name 20 58 (1) (b) 6.3 · requirement under driver/rider not state date of birth 20 58 (1) (c) Road Transport (Drink Driving) Legislation Amendment Bill 2010 page 67 J2009-959 D12 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 58 (1) (d) 7 58A (3) 7.1 · requirement under supervisor/instructor/assessor not produce 20 99 58A (2) (a) licence 7.2 · requirement under supervisor/instructor/assessor not state 20 58A (2) (b) name 7.3 · requirement under supervisor/instructor/assessor not state date 20 58A (2) (c) of birth 7.4 · requirement under supervisor/instructor/assessor not state 20 58A (2) (d) home address page 68 Road Transport (Drink Driving) Legislation Amendment Bill 2010 J2009-959 D12 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 2 insert 12A 61B (4) (b) not surrender suspended licence 20 3 115 Schedule 1, part 1.7, item 13 4 substitute 13 66 (4) not surrender licence when disqualified 20 Road Transport (Drink Driving) Legislation Amendment Bill 2010 page 69 J2009-959 D12 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 70 Road Transport (Drink Driving) Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au