Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• doctor
• exercise
• fail
• function
• nurse
• nurse practitioner.
"accident" means an accident on a public street or in a public place, whether within or outside the ACT, that involves a motor vehicle.
"another jurisdiction" means a jurisdiction other than the ACT.
"approved analyst" means a person who is appointed by the Minister under section 6 (2).
"approved breath analysis instrument" means an instrument of a type that is approved by the Minister under section 5 (1).
"approved laboratory" means a laboratory or other entity (however described) approved by the Minister under section 6 (3) as an approved laboratory.
"approved operator" means a police officer who is authorised by the chief police officer under section 6 (1).
"approved screening device" means a device of a type that is approved by the Minister under section 5 (2).
"Australian driver licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.
"authorised nurse practitioner" means a nurse practitioner who is the occupant of a nurse practitioner position acting within the scope of practice for the position.
"breath analysis", in relation to a person, means an analysis of a sample of the person's breath carried out for this Act by means of an approved breath analysis instrument.
"corresponding offence" means an offence against a law of another jurisdiction that corresponds to a disqualifying offence, and includes any offence against the law of another jurisdiction arising out of the driving of a motor vehicle by a person who is or may be affected by alcohol, a drug or both.
"court" means—
(a) in relation to proceedings in or a matter before, or in relation to proceedings or matters that may be brought in or before, the Supreme Court—the Supreme Court; and
(b) in relation to proceedings in or a matter before, or in relation to proceedings or matters that may be brought in or before, the Magistrates Court—the Magistrates Court.
"disqualifying offence" means an offence against—
(a) section 19 (Prescribed blood alcohol concentration exceeded); or
(b) section 22 (Refusing to provide breath sample); or
(c) section 23 (Refusing blood test etc); or
(d) section 24 (Driving under the influence of intoxicating liquor or a drug); or
(e) another provision of this Act prescribed by regulation.
"drive" a motor vehicle includes—
(a) start or attempt to start the engine of the vehicle; and
(b) put or attempt to put the vehicle in motion; and
(c) be in, and in charge of, the vehicle; and
(d) be in control of the steering, movement or propulsion of the vehicle; and
(e) if the vehicle can be ridden—ride the vehicle.
"driver", of a motor vehicle, means the person who is driving the vehicle.
"driver involved in an accident" means a driver of a motor vehicle that is involved in an accident who—
(a) appears to be at least 15 years old; and
(b) attends, or is admitted to, a hospital for the purpose of examination or treatment as a consequence of the accident.
"driver licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.
"drug" means—
(a) a substance specified in schedule 1; or
(b) a controlled drug within the meaning of the Criminal Code, chapter 6 (Serious drug offences); or
(c) any other substance that, on its own or in combination with alcohol, may influence the driving of the person who has taken the drug.
"external driver licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.
Note An external driver licence is a foreign driver licence or an external territory driver licence.
"first offender"—see section 4D.
"GCM"—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
"GVM"—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
"jurisdiction" means a State, the Commonwealth or an internal territory, including the ACT.
"level", for a concentration of alcohol in blood—see section 4C.
"medical examination" means an examination by a doctor or authorised nurse practitioner.
"motor vehicle "means a vehicle built to be propelled by a motor that forms a part of the vehicle.
"nurse practitioner position"—see the Health Act 1993, section 195 (2).
"offence of culpable driving", for a person, means—
(a) an offence against the Crimes Act 1900, section 29 (Culpable driving); or
(b) any other offence against the Crimes Act 1900 if a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way a person drove a motor vehicle.
"one-way box" means a locked box, with a hole capable of receiving containers of blood samples, from which the containers cannot be removed unless the box is unlocked with a key kept by an approved analyst.
"prescribed concentration" means—
(a) in relation to a special driver—0.02g of alcohol per 100mL of blood; and
(b) in relation to any other person—0.05g of alcohol per 100mL of blood.
"public place"—see section 4A.
"public street" means a street, road, lane or footpath (including a street, road, lane or footpath on or forming part of a bridge) that is open to or used by the public and includes an entrance driveway leading to a parcel of land.
"registered operator"—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
"repeat offender"—see section 4D.
"responsible person", for a vehicle—see the Road Transport (General) Act 1999, section 10.
"restricted licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.
"road transport authority" (or authority) means the Australian Capital Territory Road Transport Authority.
Note The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16).
"road transport legislation"—see the Road Transport (General) Act 1999, section 6.
"scope of practice"—see the Health Act 1993, section 195 (2).
"screening test" in relation to a person, means a test of sample of the breath of the person carried out for this Act by means of an approved screening device.
"special driver"—see section 4B.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
|
amdt = amendment |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
def = definition |
pres = present |
|
dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
|
div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
|
Gaz = gazette |
reloc = relocated |
|
hdg = heading |
R[X] = Republication No |
|
IA = Interpretation Act 1967 |
RI = reissue |
|
ins = inserted/added |
s = section/subsection |
|
LA = Legislation Act 2001 |
sch = schedule |
|
LR = legislation register |
sdiv = subdivision |
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sub = substituted |
|
|
mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
|
om = omitted/repealed |
or to be expired |
This Act was originally a Commonwealth ordinance—the Motor Traffic (Alcohol and Drugs) Ordinance 1977 No 17 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
It was renamed as the Road Transport (Alcohol and Drugs) Act 1977 by the Road Transport Legislation Amendment Act 1999 (see sch 3).
Before 11 May 1989, ordinances commenced on notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25).
Legislation before becoming Territory enactment
Road Transport (Alcohol and Drugs) Act 1977 No 17
notified 21 June 1977 (Cwlth Gaz 1977 No S111)
commenced 1 December 1977 (s 2 and Cwlth Gaz 1977 No S242)
as amended by
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1977 Ord1977-52
notified 27 September 1977 (Cwlth Gaz 1977 No S206)
commenced 27 September 1977
Ordinances Revision Ordinance 1978 Ord1978-46
notified 28 December 1978 (Cwlth Gaz 1978 No S292)
commenced 28 December 1978
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1980 Ord1980-37
notified 14 October 1980 (Cwlth Gaz 1980 No S231)
commenced 14 October 1980
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1981 Ord1981-16
notified 30 June 1981 (Cwlth Gaz 1981 No S128)
commenced 30 June 1981
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance (No 2) 1981 Ord1981-29
notified 24 September 1981 (Cwlth Gaz 1981 No S200)
commenced 24 September 1981
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1982 Ord1982-94
notified 17 December 1982 (Cwlth Gaz 1982 No S263)
commenced 17 December 1982 (s 2)
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1984 Ord1984-63
notified 2 November 1984 (Cwlth Gaz 1984 No S464)
commenced 2 November 1984
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1985 Ord1985-51
notified 19 September 1985 (Cwlth Gaz 1985 No S380)
commenced 19 September 1985
Magistrates Court Ordinance 1985 Ord1985-67 sch pt 1
notified 19 December 1985 (Cwlth Gaz 1985 No S542)
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1987 Ord1987-9
notified 2 April 1987 (Cwlth Gaz 1987 No S59)
commenced 2 April 1987
Drug Laws (Consequential Amendments) Ordinance 1989 Ord1989-14 s 4
notified 15 March 1989 (Cwlth Gaz 1989 No S109)
commenced 1 April 1989 (s 2 and Cwlth Gaz 1989 No S109)
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Acts Revision (Arrest Without Warrant) Act 1989 A1989-23 s 10
notified 1 December 1989 (Gaz 1989 No S38)
commenced 1 December 1989
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1989 A1989-24
notified 7 December 1989 (Gaz 1989 No S40)
commenced 7 December 1989
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1990 A1990-64
notified 24 December 1990 (Gaz 1990 No S98)
commenced 1 January 1991 (s 2)
Magistrates and Coroner's Courts (Registrar) Act 1991 A1991-44 s 7
notified 20 September 1991 (Gaz 1990 No S95)
s 1, s 2 commenced 20 September 1991 (s 2 (1))
s 7 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1992 A1992-63
notified 30 October 1992 (Gaz 1992 No S183)
commenced 30 October 1992
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1993 A1993-22
notified 5 April 1993 (Gaz 1993 No S47)
commenced 5 April 1993
Motor Traffic (Alcohol and Drugs) (Amendment) Act (No 2) 1993 A1993-50
notified 27 August 1993 (Gaz 1993 No S165)
ss 1-3 commenced 27 August 1993 (s 2 (1))
remainder commenced 1 September 1993 (s 2 (2) and Gaz 1993 No S177)
Motor Traffic (Alcohol and Drugs) (Amendment) Act (No 3) 1993 A1993-58
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
remainder commenced 27 September 1993 (s 2 (2) and Gaz 1993 No S201)
Statute Law Revision Act 1994 A1994-26 sch
notified 31 May 1994 (Gaz 1994 No S93)
commenced 31 May 1994 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S269)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 and Gaz 1994 No S269)
Motor Traffic (Consequential Provisions) Act 1996 A1996-7 s 10
notified 10 April 1996 (Gaz 1996 No S59)
ss 1-3 commenced 10 April 1996 (s 2 (1))
s 10 commenced 12 September 1996 (s 2 (2))
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1996 A1996-48
notified 19 September 1996 (Gaz 1996 No S234)
commenced 19 September 1996 (s 2)
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1997 A1997-51
notified 19 September 1997 (Gaz 1997 No S264)
ss 1-3 commenced 19 September 1997 (s 2 (1))
remainder commenced 2 March 1998 (s 2 (2) and Gaz 1997 No S427)
Motor Traffic (Alcohol and Drugs) (Amendment) Act (No 2) 1997 A1997-53
notified 19 September 1997 (Gaz 1997 No S264)
ss 1-3 commenced 19 September 1997 (s 2 (1))
remainder commenced 2 March 1998 (s 2 (2) and Gaz 1997 No S428)
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1999 A1999-11
notified 23 March 1999 (Gaz 1999 No S14)
commenced 23 March 1999 (s 2)
Motor Traffic (Alcohol and Drugs) (Amendment) Act (No 2) 1999 A1999-18
notified 14 April 1999 (Gaz 1999 No S16)
commenced 14 April 1999 (s 2)
Road Transport Legislation Amendment Act 1999 A1999-79 sch 3
notified 23 December 1999 (Gaz 1999 No S65)
commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)
Road Transport Legislation Amendment Act 2001 A2001-27 sch 3
notified 24 May 2001 (Gaz 2001 No 21)
s 1, s 2 commenced 24 May 2001 (IA s 10B)
sch 3 commenced 24 May 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 334
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 334 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 A2001-56 pt 3.45
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (LA s 75)
pt 3.45 commenced 12 September 2001 (amdt 3.474)
Road Transport (Public Passenger Services) Act 2001 A2001-62 pt 1.2
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 1.2 commenced 1 December 2001 (s 2 and CN2001 No 2)
Statute Law Amendment Act 2002 A2002-30 pt 3.63
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.63 commenced 17 September 2002 (s 2 (1))
Statute Law Amendment Act 2002 (No 2) A2002-49 pt 3.20
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 3.20 commenced 17 January 2003 (s 2 (1))
Dangerous Substances Act 2004 A2004-7 sch 1 pt 1.7
notified LR 19 March 2004
s
1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1
pt 1.7 commenced 5 April 2004 (s 2 and CN2004-6)
Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 11
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 11 commenced 27 May 2004 (s 2 and CN2004-9)
Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 10
notified LR 23 February
2005
s 1, s 2 commenced 23 February 2005 (LA s 75
(1))
pt 10 commenced 6 March 2005 (s 2 (1) and see
Criminal Code (Serious Drug Offences) Amendment Act 2004 A2004-56, s 2 and LA
s 79)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.53
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.53 commenced 2 June 2005 (s 2 (1))
Road Transport (Alcohol and Drugs) Amendment Act 2006 A2006-12
notified LR 5 April 2006
s 1, s 2 commenced 5 April 2006 (LA s 75 (1))
remainder commenced 6 April 2006 (s 2)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.30
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
amdt 1.276 commenced 2 June 2007 (s 2 (2))
sch 1 pt 1.30 remainder commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.8
notified LR 14 June 2006
s 1, s 2 commenced 14 June 2006 (LA s 75 (1))
sch 2 pt 2.8 commenced 14 December 2006 (s 2 and LA s 79)
Road Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1 pt 1.3 (as am by A2008-39 s 4)
notified LR 26 February 2008
s 1, s 2 commenced 26 February 2008 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 October 2008 (s 2 as am by A2008-39 s 4)
Road Transport (Third-Party Insurance) Amendment Act 2008 A2008-39
notified LR 22 August 2008
s 1, s 2 commenced 22 August 2008 (LA s 75 (1))
remainder commenced 23 August 2008 (s 2)
Note This Act only amends the Road Transport (Third-Party Insurance) Act 2008 A2008-1.
Preliminary
pt
1 hdg note am A2001-44 amdt 1.3669; A2001-62 amdt
1.4
om A2005-20 amdt
3.343
Name of
Act
s 1 sub A1999-79 sch
3
am A2005-20 amdt 3.344; A2008-1
amdt 1.12
Dictionary
s
2 hdg (prev s 3 hdg) sub A2005-20 amdt
3.345
s 2 orig s 2 om A2001-27 amdt
3.2
(prev s 3) sub A1999-79 sch
3
renum as s 2 A2006-12 s
4
Notes
s
3 orig s 3 renum as s 2
(prev s 4)
am A1997-51 s 4 (d)
defs reloc (in
pt) to dict A1999-79 sch 3
om (in
pt) A1999-79 sch 3
sub A1999-79 sch
3
renum as s 3 A2006-12 s
4
def approved analyst
om A1999-79 sch 3
def
approved breath analysing instrument am Ord1980-37 s
3
om A1992-63 s
3
def approved breath analysis
instrument ins A1992-63 s
3
om A1992-63 s
3
def approved operator
am Ord1985-51 sch
om
A1999-79 sch 3
def approved
rehabilitation program ins A1997-51 s 4
(c)
om A1992-63 s
3
def approved screening
device om A1999-79 sch 3
def
Commonwealth vehicle ins A1993-58 s 4
(c)
sub A1996-48 s
4
om A1992-63 s
3
def dangerous goods vehicle
ins A1990-64 s 4 (b)
om
A1992-63 s 3
def drive a motor
vehicle om A1999-79 sch
3
def experienced driver
ins A1990-64 s 4 (b)
am
A1993-58 s 4 (a)
om A1992-63 s
3
def heavy motor vehicle
ins A1990-64 s 4 (b)
am
A1996-7 s 10
om A1992-63 s
3
def level ins
A1997-51 s 4 (c)
om A1992-63 s
3
def medical practitioner
am A1989-24 s 3 (a)
om
A1999-79 sch 3
def offence
involving alcohol or drugs am Ord1981-29 s 2; A1992-63
sch
om A1997-51 s 4
(b)
def public place
om A1999-79 sch 3
def
special driver ins A1997-51 s 4
(c)
om A1999-79 sch
3
Offences against Act—application of
Criminal Code etc
s 4 orig s 4
renum as s 3
ins A2006-12 s
5
Meaning of public
place
s 4A ins A1999-79 sch
3
am A2002-49 amdt
3.223
Meaning of special
driver
s 4B ins A1999-79 sch
3
am A2001-44 amdts 1.3670-1.3672;
A2001-62 amdt 1.5; A2004-7 amdt 1.12, amdt 1.13
Meaning of level of alcohol
concentration
s 4C ins A1999-79
sch 3
table renum R12
LA
Meaning of repeat offender
and first
offender
s 4D ins A1999-79
sch 3
am A2001-27 amdt 3.3, amdt
3.4
def relevant offence
am A2001-27 amdt 3.5
par (g)
exp 1 March 2005 (s 52)
Approval of instruments
etc
s 5 am Ord1980-37 s 4;
Ord1985-51 s 4; A1992-63 s 4, s 8 (2); A1999-79 sch 3; A2001-44 amdt
1.3673, amdt 1.3674
Approval of operators, analysts and
laboratories
s 6 am Ord1985-51 s
5, sch; A1989-24 sch; A1992-63 s 8 (2); A1999-79 sch 3; A2001-44 amdt
1.3675, amdt 1.3676
sub A2006-12 s
6
Notices to be published in the
Gazette
s 7 am Ord1978-46;
Ord1981-16
sub A1999-79 sch
3
om A2001-44 amdt
1.3677
Power to require screening test if vehicle
not involved in accident
s 8 am
Ord1982-94; Ord1985-51 sch; A1989-24 sch; A1999-79 sch 3
Power to require screening test if motor
vehicle involved in accident
s
9 am Ord1985-51 sch; A1989-24 sch
Power to require screening test for culpable
driving
s 10 am Ord1985-51 sch;
A1989-24 sch
Written statement relating to screening
test
s 10A ins Ord1982-94
am Ord1985-51 sch; A1989-24 sch;
A1990-64 s 5
om A1999-11 s
4
Detention for breath
analysis
s 11 am Ord1977-52;
Ord1985-51 sch; A1990-64 s 6; A1992-63 s 5; A1997-51 s 5
Breath
analysis
s 12 am Ord1982-94;
Ord1985-51 s 6, sch; A1989-24
sch;
A1992-63 s 8 (1); ss renum
R9 LA
Precautions for
privacy
s 13 am A1992-63 s
6
Restrictions on screening tests and breath
analyses
s 14 am Ord1982-94 s 4;
Ord1985-51 sch; A1989-24 s 4; A1999-79 sch 3; ss renum R9 LA; A2004-10
s 40, s 41
Taking blood samples from people in
custody
s 15 am Ord1985-51;
A1989-24 s 5; A1992-63 s 8 (1); A1997-53 s 5; A1999-79 sch 3; ss renum
R9 LA
Taking blood samples from people in
hospital
s 15AA hdg sub A2006-12
s 7
s 15AA ins A1997-53 s
6
am A1999-79 sch 3; A2006-12 s
8
Analysis of blood
samples
s 15A ins A1989-24 s
6
am A1997-53 s 7; A2006-12 ss
9-11
Statements to be
provided
s 15B ins A1997-53 s
8
Medical
examinations
s 16 am Ord1985-51
sch; A1992-63 s 8 (3), (4); A1997-53 s 9; A1999-79 sch 3; A2004-10 s 42, s
43
Analysis of body
samples
s 16A ins A1997-53 s
10
am A2006-12 s 12, s
13
Exemptions from requirements to take blood
samples or carry out
examinations
s 17 am Ord1985-51
sch; A1992-63 sch
sub A1997-53 s
10
am A1999-79 sch 3; A2006-12 s
14
Protection of police officers and medical
staff
s 18 am Ord1985-51 sch;
Ord1989-38 sch 1; Ord1989-23 s 10 (1); A1992-63 s 8 (3), sch; A1997-53 s 11;
A1999-79 sch 3; ss renum R9 LA
Taking blood samples from people involved in
accidents
s 18A ins A1999-79 sch
3
Prescribed blood alcohol concentration
exceeded
s 19 am A1990-64 s 7;
A1992-63 s 8 (1), (3)
sub A1993-22 s
3
am A1994-81 sch; A1997-51 s 6;
A1997-53 s 12; A2006-12 s 15
Offence where blood alcohol concentration
exceeds prescribed
concentration
s 20 am A1989-24 s
7
om A1993-22 s 3
Defence if person did not intend to drive
motor vehicle
s 21 am A1992-63 s
8 (2), (3); A1993-22 s 5 (1)
Refusing to provide breath
sample
s 22 hdg sub A1997-51
note
s 22 am Ord1985-51 sch; A1992-63
sch; A1994-81 sch
Refusing blood test
etc
s 23 hdg sub A1997-51
note
s 23 am A1992-63 sch; A1994-81
sch; A1997-53 s 13; A1999-79 sch 3; A2004-10 s 44; ss renum R12 LA (see
A2004-10 s 45)
Driving under the influence of intoxicating
liquor or a drug
s 24 am A1992-63
s 8 (2), sch; A1994-81 sch
Driver etc
intoxicated
s 24A ins A1999-79
sch 3
am A2004-10 s
46
Interpretation
s
25 am Ord1977-52 s 4; Ord1985-67 sch pt 1; A1992-63 s 8 (3), sch; A1997-51 s 7
(d)
om A1999-79 sch
3
def disqualifying offence
ins A1997-51 s 7 (c)
def
driving licence ins A1997-51 s 7
(c)
def first offender
sub A1997-51 s 7 (a)
def
previous offender om A1997-51 s 7
(b)
def repeat offender
ins A1997-51 s 7 (c)
def
traffic infringer ins A1990-64 s
8
am A1993-22 s 5
(1)
om A1997-51 s 7
(b)
Fines and imprisonment—s 19
offences
s 26 am A1993-22 s 5
(2)
om A1994-81
sch
ins A1997-51 s
8
table renum R12
LA
First offenders—traffic infringement
notice
s 26A ins A1990-64 s
9
am A1993-22 s 5 (1); A1993-50 s 4;
A1993-58 s 5
om A1997-51 s
8
Imprisonment—s 22, s 23 and s 24
offences
s 27 am A1993-22 s 5
(2)
om A1994-81
sch
ins A1999-18 s
4
am A1999-79 sch 3
Circumstances in which court may impose
sentence of imprisonment
s 28 am
A1990-64 s 10; A1992-63 sch; A1993-22 s
5
om A1997-51 s 8
Conditional release of convicted
person
s 29 am Ord1984-63;
Ord1989-38 sch 1; A1991-44 sch
1;
A1992-63 s 8 (4), sch; A1997-51 s
9; A1999-79 sch 3; ss renum R9
LA
sub A2006-23 amdt
1.276
Cancellation of driving
licence
s 31 am A1990-64 s 11;
A1992-63 s 8 (4); A1993-22 s 5
(1)
sub A1997-51 s
10
om A1999-79 sch
3
Automatic driver licence
disqualification—first offenders, s
19
s 32 am Ord1985-67 sch pt 1;
A1990-64 s 12; A1992-63 s 8 (2), (4); A1993-22 s 5 (1); A1993-58 s
6
sub A1997-51 s 10; A1999-79 sch
3
am A2001-27 amdt 3.6, amdt
3.7
table renum R12
LA
Automatic driver licence
disqualification—repeat offenders, s
19
s 33 sub A1997-51 s 10;
A1999-79 sch 3
am A2001-27 amdt 3.8,
amdt 3.9
table renum R12
LA
Automatic driver licence
disqualification—offences other than s
19
s 34 am A1992-63 sch; A1994-81
sch
sub A1997-51 s 10; A1999-79 sch
3
am A2001-27 amdt 3.10, amdt
3.11
Timing of licence cancellation and
disqualification
s 35 am A1993-58
s 7
sub A1997-51 s
10
om A1999-79 sch
3
Special licences to drive motor
vehicles
pt 5 hdg om A1997-51
Disqualification subject to grant of special
licence
s 36 am A1992-63 s 8 (2),
sch
sub A1997-51 s
10
om A1999-79 sch
3
Disqualification etc—further special
licence
s 37 am A1992-63
sch
sub A1997-51 s
10
om A1999-79 sch
3
Additional powers of
court
s 38 am A1992-63 s 8 (3);
A1994-81 sch
sub A1997-51 s
10
Notice to
registrar
s 39 am Ord1985-67 sch
pt 1
sub A1997-51 s
10
om A1999-79 sch
3
Restoration of cancelled driving
licences
pt 6 hdg om
A1997-51
Restoration of cancelled
licences
s 40 am A1992-63 s 8
(2), sch; A1993-58 s 8; A1994-81
sch
om A1997-51
Certificate of
evidence
s 41 am Ord1980-37 s 5;
Ord1985-51 s 7, sch; A1989-24 s 8; A1992-63 s 7, s 8 (1); A1997-51 s 11;
A1997-53 s 14;
A1999-79 sch 3;
pars renum R9 LA; A2004-10 s 47; pars renum R12 LA (see A2004-10 s 48);
A2006-12 s 16, s 17
Evidence for insurance
purposes
s 41A ins A1989-24 s
9
am A1993-22 s 4; A1997-53 s 14;
A1999-79 sch 3; A2005-20 amdt 3.346; A2006-23 amdt 1.277
Effect of noncompliance—analysis of
breath or blood
s 42 sub
Ord1985-51 s 8
am A1990-64 s 13;
A2001-44 amdt 1.3678, amdt 1.3679
Effect of noncompliance—analysis of
body sample
s 42A ins Ord1985-51
s 8
am A2001-44 amdt 1.3680, amdt
1.3681
Effect of noncompliance—refusal to
give sample of breath
s 42B ins
Ord1985-51 s 8
am A1990-64 s 14;
A2001-44 amdts 1.3682-1.3684
Oral evidence about s 41
certificate
s 43 am A1992-63;
A1997-51 s 12; A1999-79 sch 3
Rehabilitation
programs
pt 8 hdg sub A1997-51 s
13
Approval of
programs
s 44 am Ord1989-38
sch
sub A1997-51 s
13
am A1999-79 sch 3; A2001-44 amdt
1.3685, amdt 1.3686
Conditions
s
44A ins A1997-51 s 13
om A2001-44
amdt 1.3687
Review of administrative appeals
tribunal
s 44B ins A1997-51 s
13
om A1999-79 sch
3
Power of
arrest
s 45 am Ord1985-51 sch;
Ord1989-23 s 10 (2); A1992-63 sch; A2006-23 amdt 1.278
Penalty for escaping from
custody
s 46 am Ord1985-51 sch;
A1992-63 s 8 (2); A1994-81 sch
Right of arrested person to medical
examination
s 47 am Ord1985-51
sch; Ord1987-9; A1992-63 s 8 (3); A1997-51 s 14; A1999-79 sch 3; A2004-10 s
49
When police officer may move person's
motor vehicle
s 48 am A1992-63 s
8 (2)
om A1997-51 s
15
ins A1999-79 sch
3
Default term of
imprisonment
s 49 am A1992-63
sch
References to Motor Traffic (Alcohol and
Drugs) Act etc
s 50 sub A1999-79
sch 3
am A2001-44 amdt 1.3688, amdt
1.3689
Regulation-making
power
s 51 sub A1999-79 sch
3
am A2001-44 amdt
1.3690
Transitional
pt
10 hdg ins A1999-79 sch 3
om R13
LA
Expiry of s 4D (3), def relevant
offence, par (g)
s
52 am Ord1989-38 sch
sub A1999-79
sch 3
am A2001-27 amdt
3.12
exp 1 March 2005 (s
52)
Approved
operator
s 53 ins A1999-79 sch
3
am A2001-27 amdt
3.13
exp 1 March 2002 (s 53
(2))
Transitional—Road Transport (Alcohol
and Drugs) Amendment Act 2006
pt
20 hdg ins A2006-12 s 18
exp 6 April
2009 (s 103)
Meaning of relevant commencement for
pt 20
s 100 ins A2006-12 s
18
exp 6 April 2009 (s
103)
Transitional—sample taken before
relevant commencement
s 101 ins
A2006-12 s 18
exp 6 April 2009 (s
103 (LA s 88 declaration applies))
Transitional—analyst
certificates
s 102 ins A2006-12 s
18
exp 6 April 2009 (s 103 (LA s 88
declaration applies))
Expiry—pt
20
s 103 ins A2006-12 s
18
exp 6 April 2009 (s
103)
Drugs
sch
1 ins Ord1985-51 s 9
renum as sch R5
LRA
renum as sch 1 A2001-27 amdt
3.14
Schedule
2
sch 2 hdg (prev sch hdg) sub
Ord1985-51 s 10
sch 2 (prev sch) ins
Ord1980-37 s 6
am Ord1989-38
sch
om A1992-63 s 9
Dictionary
dict ins
A1999-79 sch 3
am A1999-79 sch 3;
A2001-27 amdt 3.15; A2002-30 amdt 3.692; A2004-10 s
50
def accident ins
A1997-53 s 4
reloc from s 4 A1999-79
sch 3
def another jurisdiction
ins A1999-79 sch 3
def
approved analyst ins A1999-79 sch
3
def approved breath analysis
instrument ins A1999-79
sch 3
def approved
laboratory ins A2006-12 s
19
def approved operator
ins A1999-79 sch 3
def
approved screening device ins A1999-79 sch
3
def Australian driver
licence ins A1999-79 sch
3
def authorised nurse
practitioner ins A2004-10 s
51
def breath analysis
am A1992-63 s 8 (1)
reloc
from s 4 A1999-79 sch 3
def
corresponding offence ins A1999-79 sch
3
def court am
Ord1985-67 sch pt 1
reloc from s 4
A1999-79 sch 3
def
disqualifying offence ins A1999-79 sch
3
def doctor ins
A1999-79 sch 3
sub A2001-56 amdt
3.474
om A2002-30 amdt
3.693
def drive ins
A1999-79 sch 3
def driver
ins A1999-79 sch 3
def
driver involved in an accident ins A1997-53 s
4
reloc from s 4 A1999-79 sch
3
def driver licence
ins A1999-79 sch 3
def
drug ins Ord1985-51 s
3
am Ord1989-14 s 4; A1994-26 sch;
am A2001-27 amdt 3.15; A2005-5 s
38
reloc from s 4 A1999-79 sch
3
def external
driver licence ins A1999-79 sch
3
def first offender
ins A1999-79 sch 3
def
GCM ins A1999-79 sch
3
def GVM ins A1999-79
sch 3
def jurisdiction
ins A1999-79 sch 3
def
level ins A1999-79 sch
3
def medical examination
ins A2004-10 s 51
def
motor vehicle ins A1999-79 sch
3
def nurse ins
A1997-53 s 4
reloc from s 4 A1999-79
sch 3
om A2002-30 amdt
3.693
def nurse practitioner
position ins A2004-10 s
51
sub A2006-27 amdt
2.12
def offence of culpable
driving ins A1999-79 sch
3
def one-way box ins
A1989-24 s 3 (b)
reloc from s 4
A1999-79 sch 3
def prescribed
concentration sub A1990-64 s 4
(a)
am A1993-58 s 4
(b)
sub A1997-51 s 4
(a)
reloc from s 4 A1999-79 sch
3
def public place ins
A1999-79 sch 3
def public
street reloc from s 4 A1999-79 sch
3
def registered operator
ins A1999-79 sch 3
def
repeat offender ins A1999-79 sch
3
def responsible person
ins A1999-79 sch 3
def
restricted licence ins A1999-79 sch
3
def road transport authority
ins A1999-79 sch 3
def
road transport legislation ins A1999-79 sch
3
def scope of practice
ins A2004-7 s 53
sub
A2006-27 amdt 2.13
def
screening test ins A2004-10 s
51
def special driver
ins A1999-79 sch 3
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
25 Sept
1991– |
A1991-44 |
initial republication since self-government |
|
R1
(RI) |
25 Sept
1991– |
A1991-44 |
reissue of printed version |
|
R1A |
30 Oct
1992– |
A1992-63 |
amendments by A1992-63 |
|
R1B |
5 Apr
1993– |
A1993-22 |
amendments by A1993-22 |
|
R1C |
1 Sept
1993– |
A1993-50 |
amendments by A1993-50 |
|
R2 |
27 Sept
1993– |
A1993-58 |
amendments by A1993-58 |
|
R2
(RI) |
27 Sept
1993– |
A1993-58 |
reissue of printed version |
|
R2A |
31 May
1994– |
A1994-26 |
amendments by A1994-26 |
|
R3 |
29 Nov
1994– |
A1994-81 |
amendments by A1994-81 |
|
R3
(RI) |
29 Nov
1994– |
A1994-81 |
reissue of printed version |
|
R3A |
12 Sept
1996– |
A1996-7 |
amendments by A1996-7 |
|
R3B |
19 Sept
1996– |
A1996-48 |
amendments by A1996-48 |
|
R4 |
2 Mar
1998– |
A1997-53 |
amendments by A1997-51 and A1997-53 |
|
R4 (RI) |
2 Mar
1998– |
A1997-53 |
reissue of printed version |
|
R4A |
23 Mar
1999– |
A1999-11 |
amendments by A1999-11 |
|
R4B |
14 Apr
1999– |
A1999-18 |
amendments by A1999-18 |
|
R5 |
1 Mar
2000– |
A1999-79 |
renaming and other amendments by A1999-79 |
|
R5
(RI) |
1 Mar
2000– |
A1999-79 |
reissue of printed version |
|
R6 |
24 May
2001– |
A2001-56 |
amendments by A2001-27, A2001-44 and A2001-56 |
|
R7 |
1 Dec
2001– |
A2001-62 |
amendments by A2001-62 |
|
R8 |
2 Mar
2002– |
A2001-62 |
commenced expiry |
|
R9 |
17 Sept
2002– |
A2002-30 |
amendments by A2002-30 |
|
R10 |
17 Jan
2003– |
A2002-49 |
amendments by A2002-49 |
|
R11 |
5 Apr
2004– |
A2004-7 |
amendments by A2004-7 |
|
R12 |
27 May
2004– |
A2004-10 |
amendments by A2004-10 |
|
R13 |
2 Mar
2005– |
A2004-10 |
commenced expiry |
|
R14 |
6 Mar
2005– |
A2005-5 |
amendments by A2005-5 |
|
R15 |
2 June
2005– |
A2005-20 |
amendments by A2005-20 |
|
R16* |
6 Apr
2006– |
A2006-12 |
amendments by A2006-12 |
|
R17 |
2 June
2006– |
A2006-23 |
amendments by A2006-23 |
|
R18 |
14 Dec
2006– |
A2006-27 |
amendments by A2006-27 |
|
R19 |
2 June
2007– |
A2006-27 |
amendments by A2006-23 |
|
R20* |
1 Oct
2008– |
A2008-39 |
amendments by A2008-1 as amended by A2008-39 |
© Australian Capital Territory
2009