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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport (Safety and Traffic
Management) Amendment (Alcohol)
Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 No 20 2
4 Amendment of other Acts 2
Schedule 1 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 3
Schedule 2 Amendment of other Acts 8
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Road Transport (Safety and Traffic
Management) Amendment (Alcohol)
Bill 2004
Act No , 2004
An Act to amend the Road Transport (Safety and Traffic Management) Act 1999
to prohibit learner drivers and provisional licence holders from driving with any
alcohol present in their blood; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
Clause 1 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (Safety and Traffic Management)
Amendment (Alcohol) Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Road Transport (Safety and Traffic Management)
Act 1999 No 20
The Road Transport (Safety and Traffic Management) Act 1999 is
amended as set out in Schedule 1.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Page 2
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
2004
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
Schedule 1 Amendment of Road Transport (Safety and
Traffic Management) Act 1999
(Section 3)
[1] Section 8 Interpretation
Omit section 8 (1) and (2).
[2] Section 8 (3) (a)
Omit the paragraph. Insert instead:
(a) if the person is the holder of a learner licence, or the
holder of a provisional licence issued under the Road
Transport (Driver Licensing) Act 1998, for motor
vehicles of a class that includes that motor vehicle, or
[3] Section 8 (3) (d)
Omit the paragraph.
[4] Section 9 Presence of prescribed concentration of alcohol in
person's blood
Insert before section 9 (1):
(1A) Offence--novice range prescribed concentration of
alcohol
If a person is the holder of a learner licence, or of a provisional
licence issued under the Road Transport (Driver Licensing)
Act 1998, in respect of a motor vehicle, the person must not,
while there is present in his or her blood the novice range
prescribed concentration of alcohol:
(a) drive the motor vehicle, or
(b) occupy the driving seat of the motor vehicle and
attempt to put the motor vehicle in motion.
Maximum penalty: 10 penalty units (in the case of a first
offence) or 20 penalty units (in the case of a second or
subsequent offence).
[5] Section 9 (1) (c), (2) (c), (3) (c) and (4) (c)
Insert "(other than a provisional licence or a learner licence issued under
the Road Transport (Driver Licensing) Act 1998)" after "driver licence"
wherever occurring.
Page 3
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
2004
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
[6] Section 10 Alternative verdicts for lesser offences
Insert after section 10 (3):
(4) Alternative verdict for lesser offence in prosecution of
learner licence holders or provisional licence holders
If, on a prosecution of a person for an offence under section 9
(1), (2), (3) or (4), relating to driving a motor vehicle or to
occupying the driving seat of a motor vehicle and attempting
to put the motor vehicle in motion, the court is satisfied that,
at the time the person drove the motor vehicle or occupied the
driving seat and attempted to put the motor vehicle in motion:
(a) the person was the holder of a learner licence, or of a
provisional licence issued under the Road Transport
(Driver Licensing) Act 1998, in respect of the motor
vehicle, and
(b) there was not present in the person's blood the high
range prescribed concentration of alcohol, the middle
range prescribed concentration of alcohol, the low
range prescribed concentration of alcohol or the special
range prescribed concentration of alcohol,
but that there was present in the person's blood the novice
range prescribed concentration of alcohol, the court may
convict the person of an offence under section 9 (1A).
[7] Section 11 Presence of higher concentration of alcohol not
defence
Insert before section 11 (1):
(1A) It is not a defence to a prosecution for an offence under
section 9 (1A) if the defendant proves that, at the time he or
she did the act referred to in section 9 (1A) (a) or (b), there
was present in the defendant's blood a concentration of
alcohol of 0.02 grammes or more in 100 millilitres of the
defendant's blood.
Page 4
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
2004
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
[8] Section 11A
Insert after section 11:
11A Defence for offence relating to novice range prescribed
concentration of alcohol
It is a defence to a prosecution for an offence under section 9
(1A) if the defendant proves that, at the time the defendant did
the act referred to in section 9 (1A) (a) or (b), the presence in
the defendant's blood of the novice range prescribed
concentration of alcohol was not caused (in whole or in part)
by any of the following:
(a) the consumption of an alcoholic beverage (otherwise
than for the purposes of religious observance),
(b) the consumption or use of any other substance (for
example, food or medicine) for the purpose of
consuming alcohol.
[9] Section 14 Arrest following failed breath test
Insert before section 14 (1) (a):
(a1) it appears to the officer from a breath test carried out
under section 13 (1) by the officer that the device by
means of which the test was carried out indicates that
there may be present in the person's blood a
concentration of alcohol of more than zero grammes in
100 millilitres of the blood and the officer has
reasonable cause to believe the person is the holder of a
learner licence, or of a provisional licence issued under
the Road Transport (Driver Licensing) Act 1998, in
respect of the motor vehicle concerned, or
[10] Section 32 Evidence of alcohol concentration revealed by breath
or blood analysis in proceedings for offence under section 9
Insert before section 32 (2) (a):
(a1) in the case of an offence under section 9 (1A)--zero
grammes of alcohol in 100 millilitres of the defendant's
blood, or
Page 5
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
2004
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
[11] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (Safety and Traffic Management)
Amendment (Alcohol) Act 2004, but only to the extent that it
amends this Act
[12] Schedule 2
Insert at the end of the Schedule, with appropriate Part and clause
numbers:
Part Provisions consequent on enactment of
Road Transport (Safety and Traffic
Management) Amendment (Alcohol)
Act 2004
Definitions
In this Part:
amending Act means the Road Transport (Safety and Traffic
Management) Amendment (Alcohol) Act 2004.
Amendments not to apply to offences occurring before
commencement of amendments
(1) Proceedings for offences committed, or alleged to have been
committed, before the commencement of Schedule 1 to the
amending Act are to be determined as if the amending Act had
not been enacted.
(2) Accordingly, the law (including any relevant provision of this
Act) that would have been applicable to the proceedings had
the amending Act not been enacted continues to apply to the
proceedings as if the amending Act had not been enacted.
Review of amending Act
(1) The Minister is to review the amending Act to determine
whether the policy objectives of the amending Act remain
valid and whether the terms of the amending Act remain
appropriate for securing those objectives.
Page 6
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
2004
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
(2) The review is to be undertaken as soon as possible after the
period of 4 years from the date of assent to the amending Act.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the end of the
period of 4 years.
[13] Dictionary
Insert in alphabetical order in clause 1:
novice range prescribed concentration of alcohol means a
concentration of more than zero grammes, but less than 0.02
grammes, of alcohol in 100 millilitres of blood.
[14] Dictionary, clause 1
Omit the definition of provisional licence.
Page 7
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
2004
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Crimes Act 1900 No 40
Section 353A Power to search person, make medical examination,
take photograph, finger-print or palm-print
Insert "(1A)," after "section 9" in section 353A (7) (c) (i).
2.2 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Section 134 Orders for the taking of identification particulars
Insert "(1A)," after "section 9" in section 134 (5) (c) (i).
2.3 Road Transport (General) Act 1999 No 18
[1] Section 25 Disqualification for certain major offences
Insert "(1A)," after "section 9" in paragraph (c) (iv) of the definition of
convicted person in section 25 (1).
[2] Section 25 (2) (a) and (3) (a)
Insert "(1A)," after "section 9" wherever occurring.
[3] Section 25A Interpretation
Insert before paragraph (a) in the definition of alcohol-related major
offence:
(a1) an offence under section 9 (1A) of the Road Transport
(Safety and Traffic Management) Act 1999,
[4] Schedule 1A Interlock participation and disqualification
compliance periods
Insert "(1A)," after "section 9" in item 4 of Column 1.
Page 8
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill
2004
Amendment of other Acts Schedule 2
[5] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (Safety and Traffic Management)
Amendment (Alcohol) Act 2004, but only to the extent that it
amends this Act
Page 9
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