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New South Wales
Road Transport (Safety and Traffic
Management) Amendment (Blood
Sampling) Bill 2000
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 Road Transport (Safety and Traffic
Management) (Road Rules) Regulation 1999 2
5 Amendment of Marine (Boating Safety--Alcohol and
Drugs) Act 1991 No 80 2
6 Amendment of Marine Safety Act 1998 No 121 2
7 Amendment of Rail Safety Act 1993 No 50 2
8 Amendment of Rail Safety Regulation 1999 2
Schedules
1 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 No 20 3
2 Amendment of Road Transport (Safety and Traffic
Management) (Road Rules) Regulation 1999 9
Road Transport (Safety and Traffic Management) Amendment (Blood Sampling) Bill 2000
Contents
Page
3 Amendment of Marine (Boating Safety--Alcohol and
Drugs) Act 1991 No 80 10
4 Amendment of Marine Safety Act 1998 No 121 16
5 Amendment of Rail Safety Act 1993 No 50 22
6 Amendment of Rail Safety Regulation 1999 28
Contents page 2
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, , 2000
New South Wales
Road Transport (Safety and Traffic
Management) Amendment (Blood
Sampling) Bill 2000
Act No , 2000
An Act to amend the Road Transport (Safety and Traffic Management) Act 1999
and certain other Acts and statutory instruments in relation to the analysis of blood
samples; 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.
Clause 1 Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (Safety and Traffic Management)
Amendment (Blood Sampling) Act 2000.
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 Road Transport (Safety and Traffic Management) (Road
Rules) Regulation 1999
The Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999 is amended as set out in Schedule 2.
5 Amendment of Marine (Boating Safety--Alcohol and Drugs) Act 1991
No 80
The Marine (Boating Safety--Alcohol and Drugs) Act 1991 is
amended as set out in Schedule 3.
6 Amendment of Marine Safety Act 1998 No 121
The Marine Safety Act 1998 is amended as set out in Schedule 4.
7 Amendment of Rail Safety Act 1993 No 50
The Rail Safety Act 1993 is amended as set out in Schedule 5.
8 Amendment of Rail Safety Regulation 1999
The Rail Safety Regulation 1999 is amended as set out in Schedule 6.
Page 2
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Road Transport (Safety and Traffic Management) Act Schedule 1
1999 No 20
Schedule 1 Amendment of Road Transport (Safety and
Traffic Management) Act 1999 No 20
(Section 3)
[1] Section 18 Procedure to be followed for breath analysis
Omit section 18 (1). Insert instead:
(1) A person who is required under section 15 (1) to submit to a
breath analysis may request the police officer making the
requisition to arrange for a medical practitioner to take, in the
presence of a police officer, a sample of that person's blood, for
analysis in accordance with this section at that person's own
expense.
[2] Section 18 (3)(7)
Omit section 18 (3) and (4). Insert instead:
(3) A medical practitioner by whom a sample of a person's blood
is taken under an arrangement referred to in subsection (1)
must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood, and
(e) as soon as reasonably practicable after the sample is
taken, hand the sample to the police officer who was
present at the time the sample was taken.
(4) The police officer to whom a sample of blood is handed under
subsection (3) must, as soon as reasonably practicable after the
sample is handed to the officer, arrange for the sample to be
submitted to a laboratory prescribed by the regulations for
Page 3
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act
1999 No 20
analysis by an analyst to determine the concentration of alcohol
in the blood.
(5) The person from whom the sample was taken may, within 12
months after the taking of the sample, apply to the laboratory
prescribed under this section for a portion of the sample to be
sent, for analysis at that person's own expense, to a medical
practitioner or laboratory nominated by the person.
(6) An analyst at the laboratory to which a sample of blood is
submitted for analysis under this section may carry out an
analysis of the sample, or of a portion of the sample, to
determine the concentration of alcohol (and, where required, of
other drugs) in the blood.
(7) An analysis referred to in subsection (6) may be carried out,
and any act, matter or thing in connection with the analysis
(including the receipt of the sample of blood to be analysed and
the breaking of any seal securing the sample) may be done, by
a person acting under the supervision of an analyst, and in that
event is taken to have been carried out or done by the analyst.
[3] Section 23 Analysis of samples of blood taken under this Division
Omit section 23 (1)(3). Insert instead:
(1) The medical practitioner or nurse by whom a sample of a
person's blood is taken in accordance with this Division must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood.
Maximum penalty: 20 penalty units.
(2) The medical practitioner or nurse must, as soon as reasonably
practicable after the sample is taken, arrange for the sample to
be submitted to a laboratory prescribed by the regulations for
Page 4
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Road Transport (Safety and Traffic Management) Act Schedule 1
1999 No 20
analysis by an analyst to determine the concentration of alcohol
in the blood.
Maximum penalty: 20 penalty units.
(3) The person from whom the sample was taken may, within 12
months after the taking of the sample, apply to the laboratory
prescribed under this section for a portion of the sample to be
sent, for analysis at that person's own expense, to a medical
practitioner or laboratory nominated by the person.
[4] Section 23 (5)
Omit the subsection. Insert instead:
(5) A police officer may arrange for a sample of a person's blood
taken in accordance with this Division to be submitted to a
laboratory prescribed by the regulations for analysis to
determine the concentration of alcohol, or of alcohol and other
drugs, in the blood.
[5] Section 23 (7) and (8)
Omit the subsections. Insert instead:
(7) An analyst to whom a sample of blood, or a portion of a
sample of blood (under subsection (4)), is submitted for
analysis under this section may carry out an analysis of the
sample, or of a portion of the sample, to determine the
concentration of alcohol (and, where required, of other drugs)
in the blood.
(8) An analysis referred to in subsection (7) may be carried out,
and any act, matter or thing in connection with the analysis
(including the receipt of the sample of blood, or the portion of
the sample of blood, to be analysed and the breaking of any
seal securing the sample or portion) may be done, by a person
acting under the supervision of an analyst, and in that event is
taken to have been carried out or done by the analyst.
Page 5
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act
1999 No 20
[6] Section 27 Procedure for taking samples following arrest
Insert after section 27 (2):
(2A) The medical practitioner by whom or under whose directions
a sample of blood is taken in accordance with this Division
must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood.
Maximum penalty: 20 penalty units.
(2B) The medical practitioner must, as soon as reasonably
practicable after the sample of blood is taken, arrange for the
sample to be submitted to a laboratory prescribed by the
regulations for analysis by an analyst to determine whether the
blood contains a drug.
Maximum penalty: 20 penalty units.
(2C) The person from whom the sample of blood was taken may,
within 12 months after the taking of the sample, apply to the
laboratory prescribed under this section for a portion of the
sample to be sent, for analysis at that person's own expense, to
a medical practitioner or laboratory nominated by the person.
[7] Section 27 (3)
Omit "blood or".
[8] Section 27 (4) (b)
Omit "blood or".
Page 6
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Road Transport (Safety and Traffic Management) Act Schedule 1
1999 No 20
[9] Section 33 Certificate evidence about breath or blood analysis in
proceedings for offences under section 9
Omit "a portion of" from section 33 (5) (a).
[10] Section 33 (5) (b)
Omit "portion". Insert instead "sample".
[11] Section 33 (6) (a)
Omit "a portion of".
[12] Section 33 (6) (d) and (i)
Omit "portion" wherever occurring. Insert instead "sample".
[13] Section 33 (6) (h)
Omit "portion of the".
[14] Section 34 Evidence of drugs revealed by blood or urine analysis in
proceedings for offence under section 12
Omit "a portion of" from section 34 (a).
[15] Section 35 Certificate evidence about blood or urine analysis in
proceedings for offences under section 12
Omit "a portion of" from section 35 (2) (a).
[16] Section 35 (2) (b)
Omit "portion". Insert instead "sample".
[17] Section 35 (3) (a)
Omit "a portion of".
[18] Section 35 (3) (d), (e) and (i)
Omit "portion" wherever occurring. Insert instead "sample".
Page 7
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act
1999 No 20
[19] Section 35 (3) (h)
Omit "portion was a portion of the". Insert instead "sample was a".
[20] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (Safety and Traffic Management) Amendment
(Blood Sampling) Act 2000
Page 8
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Road Transport (Safety and Traffic Management) (Road Schedule 2
Rules) Regulation 1999
Schedule 2 Amendment of Road Transport (Safety and
Traffic Management) (Road Rules)
Regulation 1999
(Section 4)
Clause 129
Omit the clause. Insert instead:
129 Analysis of blood samples--prescribed laboratory
For the purposes of sections 18, 23 and 27 of the Act, the
laboratory at Lidcombe of the Division of Analytical
Laboratories, ICPMR, Western Sydney Area Health Service is
prescribed.
Page 9
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 3 Amendment of Marine (Boating Safety--Alcohol and Drugs) Act 1991
No 80
Schedule 3 Amendment of Marine (Boating
Safety--Alcohol and Drugs) Act 1991
No 80
(Section 5)
[1] Section 13 Breath analysis following breath testing
Omit section 13 (5). Insert instead:
(5) A person who is required to submit to a breath analysis may
request the police officer making the requisition to arrange for
a medical practitioner to take, in the presence of a police
officer, a sample of that person's blood, for analysis in
accordance with this section at that person's own expense.
[2] Section 13 (7)(11)
Omit section 13 (7) and (8). Insert instead:
(7) A medical practitioner by whom a sample of a person's blood
is taken under an arrangement referred to in subsection (5)
must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood, and
(e) as soon as reasonably practicable after the sample is
taken, hand the sample to the police officer who was
present at the time the sample was taken.
(8) The police officer to whom a sample of blood is handed under
subsection (7) must, as soon as reasonably practicable after the
sample is handed to the officer, arrange for the sample to be
submitted to a laboratory prescribed by the regulations for
Page 10
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Marine (Boating Safety--Alcohol and Drugs) Act 1991 Schedule 3
No 80
analysis by an analyst to determine the concentration of alcohol
(and, where required, of other drugs) in the blood.
(9) The person from whom the sample was taken may, within 12
months after the taking of the sample, apply to the laboratory
prescribed under this section for a portion of the sample to be
sent, for analysis at that person's own expense, to a medical
practitioner or laboratory nominated by the person.
(10) An analyst to whom a sample of blood, or a portion of a
sample of blood, is submitted for analysis under this section
may carry out an analysis of the sample, or of a portion of the
sample, submitted for analysis to determine the concentration
of alcohol (and, where required, of other drugs) in the blood.
(11) An analysis referred to in subsection (10) may be carried out,
and any act, matter or thing in connection with the analysis
(including the receipt of the sample of blood, or the portion of
the sample of blood, to be analysed and the breaking of any
seal securing the sample or portion) may be done, by a person
acting under the supervision of an analyst, and in that event is
taken to have been carried out or done by the analyst.
[3] Section 16A
Insert after section 16:
16A Action by medical practitioner or nurse with respect to samples
of blood taken under section 14 or 15
(1) The medical practitioner or nurse who takes a sample of blood
under section 14 or 15 must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood.
Maximum penalty: 20 penalty units.
Page 11
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 3 Amendment of Marine (Boating Safety--Alcohol and Drugs) Act 1991
No 80
(2) The medical practitioner or nurse must, as soon as reasonably
practicable after the sample of blood is taken, arrange for the
sample to be submitted to a laboratory prescribed by the
regulations for analysis by an analyst to determine whether the
blood contains a drug.
Maximum penalty: 20 penalty units.
(3) An analyst to whom a sample of blood is submitted for analysis
under this section may carry out an analysis of the sample to
determine whether the blood contains a drug and, where
required, the concentration of the drug in the blood.
(4) The person from whom the sample of blood was taken may,
within 12 months after the taking of the sample, apply to the
laboratory prescribed under this section for a portion of the
sample to be sent, for analysis at that person's own expense, to
a medical practitioner or laboratory nominated by the person.
[4] Section 17 Action by medical practitioner or nurse with respect to
samples of urine
Omit "blood or" from section 17 (1).
[5] Sections 18 and 18A
Omit section 18. Insert instead:
18 Analysis of samples of urine
(1) A police officer may arrange for a portion of a sample of a
person's urine taken in accordance with this Part to be
submitted for analysis by an analyst to determine whether the
urine contains a drug.
(2) An analyst to whom a portion of a sample of urine is submitted
for analysis under this section may carry out an analysis of the
portion to determine whether the urine contains alcohol or any
other drug.
Page 12
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Marine (Boating Safety--Alcohol and Drugs) Act 1991 Schedule 3
No 80
18A Limitation on arrangements for analysis of samples of blood and
urine taken under section 14
If a blood or urine sample was taken under section 14, a police
officer may not make arrangements under this Part for the
analysis of the sample to determine the concentration in the
blood or urine of a drug other than alcohol except in
circumstances:
(a) where the police officer has reasonable grounds to
believe that, at the time of the accident concerned, the
person from whom the sample was taken was under the
influence of a drug other than alcohol, and
(b) where:
(i) no police officer attended the scene of the
accident that led to the taking of the sample, or
(ii) although a police officer or police officers
attended the scene of the accident, there was no
reasonable opportunity to require the person
from whom the sample was taken to submit, in
accordance with section 15, to a breath test or
assessment of his or her sobriety.
[6] Section 19 Destruction of blood samples
Omit "a portion of" from section 19 (1).
[7] Section 19 (2)
Omit section 19 (2). Insert instead:
(2) A person is not guilty of an offence under this section if the
sample is destroyed by an analyst in the course of or on
completion of an analysis of the sample.
[8] Section 25 Certificate evidence of concentration of alcohol in blood
determined by analysis of sample of blood
Omit "a portion of" from section 25 (1).
[9] Section 25 (3) (c)
Omit "17". Insert instead "16A".
Page 13
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 3 Amendment of Marine (Boating Safety--Alcohol and Drugs) Act 1991
No 80
[10] Section 25 (5) (h)
Omit "portion of the".
[11] Section 25 (5) (i)
Omit "portion". Insert instead "sample".
[12] Section 26 Certificate evidence of presence of drugs
Omit "a portion of" from section 26 (1) (a).
[13] Section 26 (2) (c)
Insert "16A or" before "17".
[14] Section 26 (3) (a)
Omit "a portion of".
[15] Section 26 (3) (b)
Omit "portion". Insert instead "sample".
[16] Section 26 (4) (a)
Omit "a portion of".
[17] Section 26 (4) (d), (e) and (i)
Omit "portion" wherever occurring. Insert instead "sample".
[18] Section 26 (4) (h)
Omit "portion was a portion of the". Insert instead "sample was a".
[19] Section 29 Blood samples taken in another State or Territory
Insert "16A," after "14," in section 29 (1) (b).
[20] Section 29 (1)
Insert "the sample or" before "a portion".
Page 14
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Marine (Boating Safety--Alcohol and Drugs) Act 1991 Schedule 3
No 80
[21] Section 29 (2)
Insert "16A," after "14,".
[22] Schedule 1 Savings, transitional and other provisions
Omit "this Act." from clause 1 (1). Insert instead:
the following Acts:
this Act
Road Transport (Safety and Traffic Management) Amendment
(Blood Sampling) Act 2000
[23] Schedule 1
Omit "this Act" from clause 1 (2).
Insert instead "the Act concerned or a later date".
Page 15
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 4 Amendment of Marine Safety Act 1998 No 121
Schedule 4 Amendment of Marine Safety Act 1998
No 121
(Section 6)
[1] Schedule 1 Alcohol and drugs--breath analysis and related matters
Omit clause 4 (5). Insert instead:
(5) A person who is required to submit to a breath analysis may
request the authorised officer making the requisition to arrange
for a medical practitioner to take, in the presence of an
authorised officer, a sample of that person's blood, for analysis
in accordance with this clause at that person's own expense.
[2] Schedule 1, clause 4 (7)(11)
Omit clause 4 (7) and (8). Insert instead:
(7) A medical practitioner by whom a sample of a person's blood
is taken under an arrangement referred to in subclause (5)
must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood, and
(e) as soon as reasonably practicable after the sample is
taken, hand the sample to the authorised officer who
was present at the time the sample was taken.
(8) The authorised officer to whom a sample of blood is handed
under subclause (7) must, as soon as reasonably practicable
after the sample is handed to the authorised officer, arrange for
the sample to be submitted to a laboratory prescribed by the
regulations for analysis by an analyst to determine the
Page 16
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Marine Safety Act 1998 No 121 Schedule 4
concentration of alcohol (and, where required, of other drugs)
in the blood.
(9) The person from whom the sample was taken may, within 12
months after the taking of the sample, apply to the laboratory
prescribed under this clause for a portion of the sample to be
sent, for analysis at that person's own expense, to a medical
practitioner or laboratory nominated by the person.
(10) An analyst to whom a sample of blood, or a portion of a
sample of blood, is submitted for analysis under this clause
may carry out an analysis of the sample, or of a portion of the
sample, submitted for analysis to determine the concentration
of alcohol (and, where required, of other drugs) in the blood.
(11) An analysis referred to in subclause (10) may be carried out,
and any act, matter or thing in connection with the analysis
(including the receipt of the sample of blood, or the portion of
the sample of blood, to be analysed and the breaking of any
seal securing the sample or portion) may be done, by a person
acting under the supervision of an analyst, and in that event is
taken to have been carried out or done by the analyst.
[3] Schedule 1, clause 7A
Insert after clause 7:
7A Action by medical practitioner or nurse with respect to samples
of blood taken under clause 5 or 6
(1) The medical practitioner or nurse who takes a sample of blood
under clause 5 or 6 must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood.
Maximum penalty: 20 penalty units.
Page 17
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 4 Amendment of Marine Safety Act 1998 No 121
(2) The medical practitioner or nurse must, as soon as reasonably
practicable after the sample of blood is taken, arrange for the
sample to be submitted to a laboratory prescribed by the
regulations for analysis by an analyst to determine whether the
blood contains a drug.
Maximum penalty: 20 penalty units.
(3) An analyst to whom a sample of blood is submitted for analysis
under this clause may carry out an analysis of the sample to
determine whether the blood contains a drug and, where
required, the concentration of the drug in the blood.
(4) The person from whom the sample of blood was taken may,
within 12 months after the taking of the sample, apply to the
laboratory prescribed under this clause for a portion of the
sample to be sent, for analysis at that person's own expense, to
a medical practitioner or laboratory nominated by the person.
[4] Schedule 1, clause 8 Action by medical practitioner or nurse with
respect to samples of urine
Omit "blood or" from clause 8 (1).
[5] Schedule 1, clauses 9 and 9A
Omit clause 9. Insert instead:
9 Analysis of samples of urine
(1) An authorised officer may arrange for a portion of a sample of
a person's urine taken in accordance with this Part to be
submitted for analysis by an analyst to determine whether the
urine contains a drug.
(2) An analyst to whom a portion of a sample of urine is submitted
for analysis under this clause may carry out an analysis of the
portion to determine whether the urine contains alcohol or any
other drug.
Page 18
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Marine Safety Act 1998 No 121 Schedule 4
9A Limitation on arrangements for analysis of samples of blood and
urine taken under clause 5
If a blood or urine sample was taken under clause 5, an
authorised officer may not make arrangements under this Part
for the analysis of the sample to determine the concentration in
the blood or urine of a drug other than alcohol except in
circumstances:
(a) where the authorised officer has reasonable grounds to
believe that, at the time of the accident concerned, the
person from whom the sample was taken was under the
influence of a drug other than alcohol, and
(b) where:
(i) no authorised officer attended the scene of the
accident that led to the taking of the sample, or
(ii) although an authorised officer or authorised
officers attended the scene of the accident, there
was no reasonable opportunity to require the
person from whom the sample was taken to
submit, in accordance with clause 6, to a breath
test or assessment of his or her sobriety.
[6] Schedule 1, clause 10
Omit "a portion of a sample" from clause 10 (1).
Insert instead "a sample, or a portion of a sample,".
[7] Schedule 1, clause 10 (2) and (3)
Omit clause 10 (2). Insert instead:
(2) A person is not guilty of an offence under this clause if the
sample, or the portion of the sample, of blood or urine is
destroyed by an analyst in the course of or on completion of an
analysis of the sample.
(3) A person is not guilty of an offence under this clause in relation
to a portion of a sample of urine if the portion is destroyed:
(a) in the case of a portion of a sample of urine referred to
in clause 8 (2) (a)--by or at the direction of the person
from whom the sample was taken or after the
Page 19
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 4 Amendment of Marine Safety Act 1998 No 121
expiration of one month commencing on the day on
which the sample was taken, or
(b) in the case of a portion of a sample of urine referred to
in clause 8 (2) (b)--by or at the direction of an
authorised officer if the portion is not required for
analysis.
[8] Schedule 1, clause 16
Omit "a portion of" from clause 16 (1).
[9] Schedule 1, clause 16 (3) (c)
Omit "8". Insert instead "7A".
[10] Schedule 1, clause 16 (5) (h)
Omit "portion of the".
[11] Schedule 1, clause 16 (5) (i)
Omit "portion". Insert instead "sample".
[12] Schedule 1, clause 17
Omit "a portion of" from clause 17 (1) (a).
[13] Schedule 1, clause 17 (2) (c)
Insert "7A or" before "8".
[14] Schedule 1, clause 17 (3) (a)
Omit "a portion of".
[15] Schedule 1, clause 17 (3) (b)
Omit "portion". Insert instead "sample".
[16] Schedule 1, clause 17 (4) (a)
Omit "a portion of".
Page 20
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Amendment of Marine Safety Act 1998 No 121 Schedule 4
[17] Schedule 1, clause 17 (4) (d), (e) and (i)
Omit "portion" wherever occurring. Insert instead "sample".
[18] Schedule 1, clause 17 (4) (h)
Omit "portion was a portion of the". Insert instead "sample was a".
[19] Schedule 1, clause 20
Insert "7A," after "5," in clause 20 (1) (b).
[20] Schedule 1, clause 20 (1)
Insert "the sample or" before "a portion".
[21] Schedule 1, clause 20 (2)
Insert "7A," after "5,".
[22] Schedule 1, clause 21
Omit "portions of" from clause 21 (c) and (d) wherever occurring.
[23] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (Safety and Traffic Management) Amendment
(Blood Sampling) Act 2000
Page 21
Road Transport (Safety and Traffic Management) Amendment (Blood
Sampling) Bill 2000
Schedule 5 Amendment of Rail Safety Act 1993 No 50
Schedule 5 Amendment of Rail Safety Act 1993 No 50
(Section 7)
[1] Schedule 2 Railway employees--alcohol and other drugs
Omit clause 9 (5). Insert instead:
(5) A railway employee who is required to submit to a breath
analysis may request the authorised officer or police officer
making the requisition to arrange for a medical practitioner to
take, in the presence of an authorised officer or a police officer,
a sample of the employee's blood, for analysis in accordance
with this clause at the employee's own expense.
[2] Schedule 2, clause 9 (7)(11)
Omit clause 9 (7). Insert instead:
(7) A medical practitioner by whom a sample of a railway
employee's blood is taken under an arrangement referred to in
subclause (5) must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood, and
(e) as soon as reasonably practicable after the sample is
taken, hand the sample to the authorised officer or
police officer who was present at the time the sample
was taken.
(8) The authorised officer or police officer to whom a sample of
blood is handed under subclause (7) must, as soon as
reasonably practicable after the sample is handed to the officer,
arrange for the sample to be submitted to a laboratory
prescribed by the regulations for analysis by an analyst to
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Road Transport (Safety and Traffic Management) Amendment (Blood
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Amendment of Rail Safety Act 1993 No 50 Schedule 5
determine the concentration of alcohol (and, where required, of
other drugs) in the blood.
(9) The person from whom the sample was taken may, within 12
months after the taking of the sample, apply to the laboratory
prescribed under this clause for a portion of the sample to be
sent, for analysis at that person's own expense, to a medical
practitioner or laboratory nominated by the person.
(10) An analyst to whom a sample of blood, or a portion of a
sample of blood, is submitted for analysis under this clause
may carry out an analysis of the sample, or of a portion of the
sample, submitted for analysis to determine the concentration
of alcohol (and, where required, of other drugs) in the blood.
(11) An analysis referred to in subclause (10) may be carried out,
and any act, matter or thing in connection with the analysis
(including the receipt of the sample of blood, or the portion of
the sample of blood, to be analysed and the breaking of any
seal securing the sample or portion) may be done, by a person
acting under the supervision of an analyst, and in that event is
taken to have been carried out or done by the analyst.
[3] Schedule 2, clause 13A
Insert after clause 13:
13A Action by medical practitioner or nurse with respect to samples
of blood taken under clause 10, 11 or 12
(1) The medical practitioner or nurse who takes a sample of blood
under clause 10, 11 or 12 must:
(a) place the sample into a container, and
(b) fasten and seal the container, and
(c) mark or label the container for future identification, and
(d) give to the person from whom the sample is taken a
certificate relating to the sample that contains sufficient
information to enable the sample to be identified as a
sample of that person's blood.
Maximum penalty: 20 penalty units.
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Road Transport (Safety and Traffic Management) Amendment (Blood
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(2) The medical practitioner or nurse must, as soon as reasonably
practicable after the sample of blood is taken, arrange for the
sample to be submitted to a laboratory prescribed by the
regulations for analysis by an analyst to determine whether the
blood contains a drug.
Maximum penalty: 20 penalty units.
(3) An analyst to whom a sample of blood is submitted for
analysis under this clause may carry out an analysis of the
sample to determine whether the blood contains a drug and,
where required, the concentration of the drug in the blood.
(4) The person from whom the sample of blood was taken may,
within 12 months after the taking of the sample, apply to the
laboratory prescribed under this clause for a portion of the
sample to be sent, for analysis at that person's own expense, to
a medical practitioner or laboratory nominated by the person.
[4] Schedule 2, clause 14 Action by medical practitioner or nurse with
respect to samples of urine
Omit "blood or" from clause 14 (1).
[5] Schedule 2, clauses 15 and 15A
Omit clause 15. Insert instead:
15 Analysis of samples of urine
(1) An authorised officer or a police officer may arrange for a
portion of a sample of a railway employee's urine taken in
accordance with this Schedule to be submitted for analysis by
an analyst to determine whether the urine contains a drug.
(2) An analyst to whom a portion of a sample of urine is submitted
for analysis under this clause may carry out an analysis of the
portion to determine whether the urine contains alcohol or any
other drug.
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Road Transport (Safety and Traffic Management) Amendment (Blood
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Amendment of Rail Safety Act 1993 No 50 Schedule 5
15A Limitation on arrangements for analysis of samples of blood and
urine taken under clause 10
If a blood or urine sample was taken under clause 10, an
authorised officer or a police officer may not make
arrangements under this Schedule for the analysis of the
sample to determine the concentration in the blood or urine of
a drug other than alcohol except in circumstances:
(a) where the authorised officer or police officer has
reasonable grounds to believe that, at the time of the
accident concerned, the person from whom the sample
was taken was under the influence of a drug other than
alcohol, and
(b) where:
(i) no authorised officer or police officer attended
the scene of the accident that led to the taking of
the sample, or
(ii) although an authorised officer, or authorised
officers, or a police officer, or police officers,
attended the scene of the accident, there was no
reasonable opportunity to require the person
from whom the sample was taken to submit, in
accordance with clause 12, to a breath test or
assessment of his or her sobriety.
[6] Schedule 2, clause 19
Insert "13A or" before "14" in clause 19 (1) (b).
[7] Schedule 2, clause 21
Omit "a portion of" from clause 21 (1).
[8] Schedule 2, clause 21 (3) (c)
Omit "14". Insert instead "13A".
[9] Schedule 2, clause 21 (4) (a)
Omit "a portion of".
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Road Transport (Safety and Traffic Management) Amendment (Blood
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Schedule 5 Amendment of Rail Safety Act 1993 No 50
[10] Schedule 2, clause 21 (4) (b)
Omit "portion". Insert instead "sample".
[11] Schedule 2, clause 21 (5) (a)
Omit "a portion of".
[12] Schedule 2, clause 21 (5) (d)
Omit "portion". Insert instead "sample".
[13] Schedule 2, clause 21 (6) (b)
Omit "portion of the".
[14] Schedule 2, clause 21 (6) (c)
Omit "portion". Insert instead "sample".
[15] Schedule 2, clause 22
Omit "a portion of" from clause 22 (1) (a).
[16] Schedule 2, clause 22 (2) (c)
Insert "13A or" before "14".
[17] Schedule 2, clause 22 (3) (a)
Omit "a portion of".
[18] Schedule 2, clause 22 (3) (b)
Omit "portion". Insert instead "sample".
[19] Schedule 2, clause 22 (4) (a)
Omit "a portion of".
[20] Schedule 2, clause 22 (4) (d) and (e)
Omit "portion" wherever occurring. Insert instead "sample".
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Road Transport (Safety and Traffic Management) Amendment (Blood
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Amendment of Rail Safety Act 1993 No 50 Schedule 5
[21] Schedule 2, clause 22 (5) (b)
Omit "portion was a portion of the". Insert instead "sample was a".
[22] Schedule 2, clause 22 (5) (c)
Omit "portion". Insert instead "sample".
[23] Schedule 4 Savings and transitional provisions
Omit "this Act and the Traffic Legislation Amendment Act 1997 (but only
in relation to the amendments made to this Act)." from clause 1 (1).
Insert instead:
the following Acts:
this Act
Road Transport (Safety and Traffic Management) Amendment
(Blood Sampling) Act 2000
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Road Transport (Safety and Traffic Management) Amendment (Blood
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Schedule 6 Amendment of Rail Safety Regulation 1999
Schedule 6 Amendment of Rail Safety Regulation 1999
(Section 8)
Clause 54A
Insert after clause 54:
54A Analysis of blood samples--prescribed laboratory
For the purposes of clauses 9 and 13A of Schedule 2 to the
Act, the laboratory at Lidcombe of the Division of Analytical
Laboratories, ICPMR, Western Sydney Area Health Service is
prescribed.
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