ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Dictionary
- 3 Notes
- 4 Offences against Act—application of Criminal Code etc
PART 1A--IMPORTANT CONCEPTS
- 4B Meaning of special driver
- 4BA Meaning of driver trainer
- 4C Meaning of prescribed concentration of alcohol
- 4D How alcohol concentration may be expressed
- 4E Reference to level of alcohol concentration
- 4F Meaning of first offender and repeat offender
- 5 Authorisation of operators
- 5A Register of authorised operators
- 5B Appointment of analysts
- 6 Approval of laboratories
PART 2--EXAMINATION OF PEOPLE FOR ALCOHOL OR DRUGS
Division 2.1--Important concepts—alcohol and drug tests
- 7 Meaning of alcohol screening device
- 7A Meaning of breath analysis instrument
- 7B Meaning of drug screening device
- 7C Meaning of oral fluid analysis instrument
- 7D Testing and maintenance of instruments etc
Division 2.2--Alcohol—screening tests
- 8 Power to require alcohol screening test if vehicle not involved in
- 9 Power to require alcohol screening test if vehicle involved in
- 9A Power to require alcohol screening test if vehicle involved in
- 10 Power to require alcohol screening test for culpable driving––driver and
- 10A Power to enter premises for alcohol screening test
Division 2.3--Alcohol—confirmatory tests
- 11 Detention for breath analysis
- 12 Breath analysis
- 13 Precautions for privacy—breath analysis
Division 2.4--Prescribed drugs—screening tests
- 13A Power to require drug screening test if vehicle not involved in
- 13B Power to require drug screening test if vehicle involved in
- 13BA Power to require drug screening test if vehicle involved in
- 13C Power to require drug screening test for culpable driving—driver and driver
- 13CA Power to enter premises for drug screening test
Division 2.5--Prescribed drugs—confirmatory tests
- 13D Detention for oral fluid analysis
- 13E Oral fluid—preliminary analysis
- 13F Precautions for privacy—oral fluid analysis
- 13G Oral fluid—confirmatory analysis
- 13H Oral fluid analysis statement
Division 2.6--Restrictions on alcohol and drug tests
- 14 Restrictions on tests etc under this part
Division 2.7--Analysis of blood—alcohol and drugs
- 15 Taking blood samples from people in custody
- 15AA Taking blood samples from people in hospital
- 15A Analysis of blood samples
- 15B Blood analysis statement
- 16 Medical examination—offence against s 24 or culpable
- 16A Analysis of body samples
- 16B Body sample statement
- 16C Keeping of samples—request by DPP
- 16D Destruction of samples
- 17 Exemptions from requirements to take blood samples or carry out
- 18 Protection of police officers and medical staff
- 18B Permitted use of samples
Division 2.8--Search and seizure
- 18C Power to search person in custody
PART 3--OFFENCES
- 19 Prescribed concentration of alcohol in blood or breath
- 19A Defence if person did not intend to drive motor vehicle
- 19B Defence if special driver with lower concentration of alcohol from allowable
- 20 Prescribed drug in oral fluid or blood––driver or driver
- 22 Refusing to provide breath sample
- 22A Refusing to provide oral fluid sample
- 22B Failing to stay for screening test
- 22C Refusing to undergo screening test
- 23 Refusing blood test etc
- 24 Driving under the influence of intoxicating liquor or a drug
- 24A Use vehicle or animal on road or road related area under influence of alcohol or
- 25 Consuming alcohol—driver or driver trainer
PART 4--PENALTIES
- 26 Fines and imprisonment—s 19 offences
- 27 Imprisonment—s 22, s 22A, s 22C, s 23 and s 24 offences
- 32 Automatic driver licence disqualification—first offenders, s 19
- 33 Automatic driver licence disqualification—repeat offenders, s
- 34 Automatic driver licence disqualification—offences other than s
- 35 Automatic driver licence disqualification—immediate suspension
PART 7--EVIDENCE
Division 7.1--Evidence—alcohol-related tests
- 41 Evidentiary certificate—alcohol-related tests
Division 7.2--Evidence—drug-related tests
- 41AA Evidentiary certificates—drug-related tests
- 41AB Evidentiary certificate—analysis of oral fluid sample
- 41AC Evidentiary certificate—blood sample not taken
- 41AD Evidentiary certificate—analysis of sample for prescribed drug
- 41AE NSW evidentiary certificates—drug-related tests
Division 7.3--Other provisions about evidence
- 41A Evidence for insurance purposes
- 42 Effect of noncompliance—analysis of breath or blood
- 42AA Effect of noncompliance—analysis of oral fluid
- 42A Effect of noncompliance—analysis of body sample
- 42B Effect of noncompliance—refusal to give sample of breath
- 42C Effect of noncompliance—refusal to give sample of oral fluid
- 43 Oral evidence about part 7 certificate
PART 9--MISCELLANEOUS
- 45 Requirement for screening test before arrest
- 47 Right of arrested person to medical examination
- 47A Stopping, search and detaining—Crimes Act, s 207 and s 209
- 47B Police may direct person not to drive
- 47C Conducting alcohol-related tests and drug-related tests at same time
- 48 When police officer may move person's motor vehicle
- 49 Default term of imprisonment
- 50 References to Motor Traffic (Alcohol and Drugs) Act etc
- 51 Regulation-making power
