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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation (Breath
Testing and Analysis) Bill 2007
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 legislation 2
5 Repeal of Act 2
Schedule 1 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 3
Schedule 2 Amendment of other legislation dealing with breath
testing or analysis 7
Schedule 3 Consequential amendment of legislation 15
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2007
New South Wales
Road Transport Legislation (Breath
Testing and Analysis) Bill 2007
Act No , 2007
An Act to amend the Road Transport (Safety and Traffic Management) Act 1999 and
certain other legislation with respect to the measurement of concentrations of alcohol
in breath samples.
Clause 1 Road Transport Legislation (Breath Testing and Analysis) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport Legislation (Breath Testing and
Analysis) Act 2007.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation,
subject to subsections (2) and (3).
(2) Schedule 1 [14] and [15] commence on the date of assent to this Act.
(3) If a single day is appointed for the commencement of Schedule 1 to this
Act and that day is earlier than the day on which Schedule 1 [6] to the
Road Transport (Safety and Traffic Management) Amendment (Novice
Drivers) Act 2007 commences, Schedule 1 [1] to this Act is taken to
commence on the day on which Schedule 1 [6] to the other Act
commences.
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 legislation
The Acts and Regulations specified in Schedules 2 and 3 are amended
as set out in those Schedules.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
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 8A Prescribed concentrations of alcohol (as inserted by the
Road Transport (Safety and Traffic Management) Amendment (Novice
Drivers) Act 2007 No 61)
Insert "210 litres of breath or" before "100 millilitres of blood" wherever
occurring.
[2] Section 8B
Insert after section 8A (if that section has been inserted) or after section 8 (if
section 8A has not yet been inserted):
8B Measurement of alcohol concentrations
(1) For the purposes of this Part, the concentration of alcohol present
in a person's breath or blood may be expressed as follows:
(a) in the case of a sample of breath that is measured by a
breath analysing instrument or other breath testing device
that provides a reading or result by reference to alcohol
present in the breath--the amount of alcohol in grammes
in 210 litres of breath,
(b) in the case of a sample of breath that is measured by a
breath analysing instrument or other breath testing device
that provides a reading or result by reference to alcohol
present in the blood--the amount of alcohol in grammes in
100 millilitres of blood,
(c) in the case of a sample of blood--the amount of alcohol in
grammes in 100 millilitres of blood.
(2) An amount of alcohol in grammes present in breath when
measured by reference to 210 litres of breath is equivalent to the
same amount of alcohol in grammes present in blood when
measured by reference to 100 millilitres of blood.
(3) Accordingly, any offence under this Part relating to the presence
of a specified concentration of alcohol in a person's breath or
blood at the time of the occurrence of a particular event is a single
offence regardless of whether the concentration of alcohol
concerned is measured by reference to the amount of alcohol
present in breath or in blood (or both).
Page 3
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
[3] Section 9 Presence of prescribed concentration of alcohol in person's
breath or blood
Insert "breath or" before "blood" wherever occurring.
[4] Section 10 Alternative verdicts for lesser offences
Insert "breath or" before "blood" wherever occurring.
[5] Section 11 Presence of higher concentration of alcohol not defence
Omit "present in the defendant's blood" and "100 millilitres of the defendant's
blood" wherever occurring.
Insert instead "present in the defendant's breath or blood" and "210 litres of
breath or 100 millilitres of blood", respectively.
[6] Section 11A Defence for offence relating to novice range prescribed
concentration of alcohol
Insert "breath or" before "blood".
[7] Section 14 Arrest following failed breath test
Omit "person's blood" and "100 millilitres of the blood" wherever occurring.
Insert instead "person's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[8] Section 15 Breath analysis following arrest
Omit "person's blood" and "100 millilitres of blood" from section 15 (3) (a).
Insert instead "person's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[9] Section 16 Offence--wilfully altering alcohol concentration following
request for breath test or breath analysis
Insert "breath or" before "blood".
[10] Section 32 Evidence of alcohol concentration revealed by breath or
blood analysis in proceedings for offence under section 9
Insert "breath or" before "blood" where firstly occurring in section 32 (1).
[11] Section 32 (2)
Omit "person's blood" and "blood at the time concerned" wherever occurring.
Insert instead "person's breath or blood" and "breath or blood at the time
concerned", respectively.
Page 4
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
[12] Section 32 (2)
Omit "100 millilitres of the defendant's blood" wherever occurring.
Insert instead "210 litres of breath or 100 millilitres of blood".
[13] Section 33 Certificate evidence about breath or blood analysis in
proceedings for offences under section 9
Omit section 33 (1) (e). Insert instead:
(e) a concentration of alcohol determined by that breath
analysing instrument and expressed in grammes of alcohol
in 210 litres of breath or 100 millilitres of blood was
present in the breath or blood of that person on the day and
at the time stated in the certificate, and
[14] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport Legislation (Breath Testing and Analysis)
Act 2007
[15] Schedule 2, Part 8
Insert at the end of the Schedule:
Part 8 Provisions consequent on enactment of
Road Transport Legislation (Breath
Testing and Analysis) Act 2007
13 Definitions
In this Part:
amended legislation means any Act or Regulation that is
amended by the amending Act.
amending Act means the Road Transport Legislation (Breath
Testing and Analysis) Act 2007.
14 Certificate evidence preserved
Any certificate issued under any amended legislation before that
legislation was amended by the amending Act that states the
concentration of alcohol in a person's blood continues to be as
effectual as it was before the legislation's amendment (including
for the purposes of evidence in any proceedings).
Page 5
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
15 Approval of certain breath measuring devices
(1) Any instrument or other device that was a duly approved breath
analysing instrument or breath testing device for the purposes of
any amended legislation immediately before the legislation was
amended by the amending Act continues to be a duly approved
instrument or device for the purposes of the legislation as
amended.
(2) An instrument that measures the concentration of alcohol present
in a person's breath by reference to grammes of alcohol in a
volume of breath (instead of grammes of alcohol in a volume of
blood) may be approved for the purposes of the definition of
breath analysing instrument in clause 1 of the Dictionary during
the pre-commencement period as if Schedule 1 [16] to the
amending Act had commenced.
(3) A device that measures the concentration of alcohol present in a
person's breath by reference to grammes of alcohol in a volume
of breath (instead of grammes of alcohol in a volume of blood)
may be approved for the purposes of the definition of breath test
in clause 1 of the Dictionary during the pre-commencement
period as if Schedule 1 [16] to the amending Act had
commenced.
(4) Any approval given as provided by subclause (2) or (3) during the
pre-commencement period is taken to have effect for the
purposes of this Act on and from the commencement of Schedule
1 [16] to the amending Act as if it had been approved on that
commencement.
(5) In this clause:
pre-commencement period means the period commencing on the
the date of assent to the amending Act and ending at the end of
the day immediately before the day on which Schedule 1 [16] to
that Act commences.
[16] Dictionary
Insert "breath or" before "blood" wherever occurring in the definitions of
breath analysing instrument, breath analysis and breath test in clause 1.
[17] Dictionary, clause 1
Insert "210 litres of breath or" before "100 millilitres of blood" wherever
occurring in the definitions of high range prescribed concentration of
alcohol, low range prescribed concentration of alcohol, middle range
prescribed concentration of alcohol, novice range prescribed concentration
of alcohol and special range prescribed concentration of alcohol.
Page 6
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Amendment of other legislation dealing with breath testing or analysis Schedule 2
Schedule 2 Amendment of other legislation dealing
with breath testing or analysis
(Section 4)
2.1 Children (Detention Centres) Act 1987 No 57
[1] Section 37I Definitions
Insert "breath or" before "blood" wherever occurring in the definitions of
breath analysing instrument, breath analysis and breath test.
[2] Section 37I (2)
Insert at the end of section 37I:
(2) Subject to the regulations, section 8B (Measurement of alcohol
concentrations) of the Road Transport (Safety and Traffic
Management) Act 1999 applies in relation to the measurement of
the concentration of alcohol in a person's breath or blood for the
purposes of this Division and the regulations in the same way as
it applies for the purposes of Part 2 of that Act.
2.2 Children (Detention Centres) Regulation 2005
[1] Clause 51B Evidence as to presence of alcohol or intoxicating
substance
Insert "breath or" before "blood" in clause 51B (1) (c).
[2] Clause 84A Interpretation
Insert "210 litres of breath or" before "100 millilitres of blood" in the
definition of prescribed concentration of alcohol in clause 84A (1).
[3] Clause 84A (3)
Insert "breath or" before "blood".
[4] Clause 84C Juvenile justice officers must not have prescribed
concentration of alcohol in breath or blood
Insert "breath or" before "blood".
[5] Clause 84G Breath testing and breath analysis of juvenile justice officers
Omit "officer's blood" and "100 millilitres of blood" wherever occurring in
clause 84G (1)(3).
Insert instead "officer's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
Page 7
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 2 Amendment of other legislation dealing with breath testing or analysis
[6] Clause 84L Certificate evidence of concentration of alcohol in breath or
blood determined by breath test or breath analysis
Omit "in the blood", "officer's blood" and "100 millilitres of blood" wherever
occurring.
Insert instead "in the breath or blood", "officer's breath or blood" and "210
litres of breath or 100 millilitres of blood", respectively.
[7] Clause 84T Interfering with results of test
Insert "breath or" before "blood".
2.3 Crimes (Administration of Sentences) Act 1999 No 93
[1] Section 236E Definitions
Insert "breath or" before "blood" wherever occurring in the definitions of
breath analysing instrument, breath analysis and breath test.
[2] Section 236E (2)
Insert at the end of section 236E:
(2) Subject to the regulations, section 8B (Measurement of alcohol
concentrations) of the Road Transport (Safety and Traffic
Management) Act 1999 applies in relation to the measurement of
the concentration of alcohol in a person's breath or blood for the
purposes of this Division and the regulations in the same way as
it applies for the purposes of Part 2 of that Act.
2.4 Crimes (Administration of Sentences) Regulation 2001
[1] Clause 147 Evidence as to presence of alcohol or intoxicating substance
Insert "breath or" before "blood" in clause 147 (1) (c).
[2] Clause 178 Detainees to be sober
Omit "detainee's blood" and "100 millilitres" from clause 178 (2).
Insert instead "detainee's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[3] Clause 249A Interpretation
Insert "210 litres of breath or" before "100 millilitres of blood" in the
definition of prescribed concentration of alcohol in clause 249A (1).
[4] Clause 249A (3)
Insert "breath or" before "blood".
Page 8
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Amendment of other legislation dealing with breath testing or analysis Schedule 2
[5] Clause 249D Correctional staff must not have prescribed concentration
of alcohol in breath or blood
Insert "breath or" before "blood".
[6] Clause 249H Breath testing and breath analysis of members of
correctional staff
Omit "staff member's blood" and "100 millilitres of blood" wherever
occurring in clause 249H (1)(3).
Insert instead "staff member's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[7] Clause 249M Certificate evidence of concentration of alcohol in breath or
blood determined by breath test or breath analysis
Omit "in the blood", "staff member's blood" and "100 millilitres of blood"
wherever occurring.
Insert instead "in the breath or blood", "staff member's breath or blood" and
"210 litres of breath or 100 millilitres of blood", respectively.
[8] Clause 249U, heading
Insert "breath or" before "blood".
[9] Clause 249AA Interfering with results of test
Insert "breath," before "blood".
[10] Dictionary
Insert "breath or" before "blood" in the definition of breath test.
2.5 Marine Safety Act 1998 No 121
[1] Section 22 Prescribed concentrations of alcohol
Insert "210 litres of breath or" before "100 millilitres of blood" wherever
occurring.
[2] Section 22 (2)
Insert at the end of section 22:
(2) Subject to the regulations, section 8B (Measurement of alcohol
concentrations) of the Road Transport (Safety and Traffic
Management) Act 1999 applies in relation to the measurement of
the concentration of alcohol in a person's breath or blood for the
purposes of this Part and Schedule 1 in the same way as it applies
for the purposes of Part 2 of that Act.
Page 9
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 2 Amendment of other legislation dealing with breath testing or analysis
[3] Section 24 Operating vessel with prescribed concentration of alcohol in
breath or blood
Insert "breath or" before "blood" wherever occurring in section 24 (1A), (1)
and (3)(5).
[4] Section 24 (2)
Omit "100 millilitres of blood is present in the person's blood".
Insert instead "210 litres of breath or 100 millilitres of blood is present in the
person's breath or blood".
[5] Section 24A Defence for offence relating to youth range prescribed
concentration of alcohol
Insert "breath or" before "blood".
[6] Schedule 1 Alcohol and drugs--breath analysis and related matters
Insert "breath or" before "blood" in clause 3 (1) (a).
[7] Schedule 1, clause 4 (1)
Omit "100 millilitres of blood may be present in the person's blood" wherever
occurring.
Insert instead "210 litres of breath or 100 millilitres of blood may be present
in the person's breath or blood".
[8] Schedule 1, clause 4 (4) (a)
Omit "person's blood" and "100 millilitres of blood".
Insert instead "person's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[9] Schedule 1, clause 13
Insert "breath," before "blood" where firstly occurring.
[10] Schedule 1, clause 15 Certificate evidence of concentration of alcohol in
breath or blood determined by breath analysis
Omit "in the blood", "defendant's blood" and "100 millilitres of blood"
wherever occurring in clause 15 (1)(3).
Insert instead "in the breath or blood", "defendant's breath or blood" and "210
litres of breath or 100 millilitres of blood", respectively.
Page 10
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Amendment of other legislation dealing with breath testing or analysis Schedule 2
2.6 Passenger Transport Act 1990 No 39
[1] Schedule 5 Transport safety employees--alcohol or other drugs
Insert "breath or" before "blood" in clause 3 (1) (i).
[2] Schedule 5, clause 3 (2)
Insert "breath," before "blood".
[3] Schedule 5, clause 3 (3)
Insert after clause 3 (2):
(3) Subject to the regulations, section 8B (Measurement of alcohol
concentrations) of the Road Transport (Safety and Traffic
Management) Act 1999 applies in relation to the measurement of
the concentration of alcohol in a person's breath or blood for the
purposes of the regulations in the same way as it applies for the
purposes of Part 2 of that Act.
2.7 Passenger Transport (Drug and Alcohol Testing) Regulation
2004
[1] Clause 3 Definitions
Insert "210 litres of breath or" before "100 millilitres of blood" in the
definition of prescribed concentration of alcohol in clause 3 (1).
[2] Clause 5 Offence--carrying out transport safety work with prescribed
concentration of alcohol in breath or blood
Insert "breath or" before "blood".
[3] Clause 11 Breath analysis of transport safety employees following
breath testing etc
Omit "employee's blood" and "100 millilitres of blood" wherever occurring
in clause 11 (1) (a) and (4).
Insert instead "employee's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[4] Clause 21 Interfering with results of test
Insert "breath," after "employee's" wherever occurring.
Page 11
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 2 Amendment of other legislation dealing with breath testing or analysis
[5] Clause 24 Certificate evidence of concentration of alcohol in breath or
blood determined by breath analysis
Omit "in the blood", "defendant's blood" and "100 millilitres of blood"
wherever occurring in clause 24 (1)(3).
Insert instead "in the breath or blood", "defendant's breath or blood" and "210
litres of breath or 100 millilitres of blood", respectively.
[6] Clause 28 Effect of positive test
Omit "100 millilitres of the employee's blood" from clause 28 (1) (a).
Insert instead "210 litres of breath or 100 millilitres of blood".
2.8 Police Act 1990 No 47
[1] Section 211A Testing of police officers for alcohol and prohibited drugs
Insert after section 211A (5):
(5A) Subject to the regulations, section 8B (Measurement of alcohol
concentrations) of the Road Transport (Safety and Traffic
Management) Act 1999 applies in relation to the measurement of
the concentration of alcohol in a person's breath or blood for the
purposes of this section and the regulations in the same way as it
applies for the purposes of Part 2 of that Act.
[2] Section 211A (6) (b) and definition of "breath test" in section 211A (7)
Insert "breath or" before "blood" wherever occurring.
2.9 Police Regulation 2000
[1] Clause 47 Definitions
Insert "breath or" before "blood" wherever occurring in the definitions of
breath analysing instrument, breath analysis and breath test.
[2] Clause 47, definition of "prescribed concentration of alcohol"
Insert "210 litres of breath or" before "100 millilitres of blood".
[3] Clauses 49 (2), 51 (1), 52 (1) (a), 53 (1) (a), 56 (2), 58 (3) (a) and 59
Insert "breath or" before "blood" wherever occurring.
Page 12
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Amendment of other legislation dealing with breath testing or analysis Schedule 2
[4] Clause 61 Breath analysis of police officers following positive breath
testing
Omit "officer's blood" and "100 millilitres of blood" wherever occurring in
clause 61 (1) and (4) (a).
Insert instead "officer's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[5] Clause 65 Interfering with results of test
Insert ", breath" after "hair" wherever occurring.
2.10 Rail Safety Act 2002 No 96
[1] Schedule 1 Railway employees--alcohol or other drugs
Insert "breath or" before "blood" in clause 2 (1) (i).
[2] Schedule 1, clause 2 (2)
Insert "breath," before "blood".
[3] Schedule 1, clause 2 (3)
Insert after clause 2 (2):
(3) Subject to the regulations, section 8B (Measurement of alcohol
concentrations) of the Road Transport (Safety and Traffic
Management) Act 1999 applies in relation to the measurement of
the concentration of alcohol in a person's breath or blood for the
purposes of the regulations in the same way as it applies for the
purposes of Part 2 of that Act.
2.11 Rail Safety (Drug and Alcohol Testing) Regulation 2003
[1] Clause 3 Definitions
Insert "breath or" before "blood" in the definition of breath test in clause 3 (1).
[2] Clause 3 (1), definition of "prescribed concentration of alcohol"
Insert "210 litres of breath or" before "100 millilitres of blood".
[3] Clause 5 Offence--carrying out railway safety work with prescribed
concentration of alcohol in breath or blood
Insert "breath or" before "blood".
[4] Clause 7 Double jeopardy
Insert "breath or" before "blood" in clause 7 (1) (a).
Page 13
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 2 Amendment of other legislation dealing with breath testing or analysis
[5] Clause 11 Breath analysis of railway employees following breath testing
Insert "breath or" before "blood" in clause 11 (1) (a).
[6] Clause 11 (4) (a)
Omit "employee's blood" and "100 millilitres of blood".
Insert instead "employee's breath or blood" and "210 litres of breath or 100
millilitres of blood", respectively.
[7] Clause 20A Failure to conduct test
Insert "breath or" before "blood" in clause 20A (a).
[8] Clause 21 Interfering with results of test
Insert "breath," before "blood" where firstly occurring in clause 21 (1).
[9] Clause 21 (2)
Insert "breath," before "blood" where firstly occurring.
[10] Clause 24 Certificate evidence of concentration of alcohol in breath or
blood determined by breath analysis
Omit "in the blood", "defendant's blood" and "100 millilitres of blood"
wherever occurring in clause 24 (1)(3).
Insert instead "in the breath or blood", "defendant's breath or blood" and "210
litres of breath or 100 millilitres of blood", respectively.
[11] Clause 28 Effect of positive test
Omit "100 millilitres of the employee's blood" from clause 28 (1) (a).
Insert instead "210 litres of breath or 100 millilitres of blood".
[12] Clause 29 Notification of drug and alcohol testing
Insert "breath or" before "blood" wherever occurring in clause 29 (1) (d)
and (e).
[13] Clause 29 (1) (h)
Insert "breath," before "blood" where firstly occurring.
Page 14
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Consequential amendment of legislation Schedule 3
Schedule 3 Consequential amendment of legislation
(Section 4)
3.1 Ambulance Services Regulation 2005
Clause 15 Definitions
Insert "breath or" before "blood" in paragraph (c) (i) of the definition of traffic
offence in clause 15 (1).
3.2 Casino Control Regulation 2001
Schedule 6 Applied provisions of Liquor Act 1982 as modified
Insert "breath or" before "blood" wherever occurring in section 97 (1) and (3)
of the Liquor Act 1982 (as set out in that Schedule).
3.3 Children's Services Regulation 2004
Clause 5 Meaning of "notifiable offence"
Insert "breath or" before "blood" in clause 5 (2) (a).
3.4 Chiropractors Regulation 2007
Clause 8 Excluded offences
Insert "breath or" before "blood" in clause 8 (3) (g).
3.5 Crimes Act 1900 No 40
[1] Section 52A Dangerous driving: substantive matters
Insert "breath or" before "blood" in section 52A (7) (a).
[2] Section 52A (9), definition of "prescribed concentration of alcohol"
Insert "210 litres of breath or" before "100 millilitres of blood".
[3] Section 52AA Dangerous driving: procedural matters
Insert "breath or" before "blood" in section 52AA (1).
[4] Section 52AA (7), definition of "prescribed concentration of alcohol"
Insert "210 litres of breath or" before "100 millilitres of blood".
[5] Section 52B Dangerous navigation: substantive matters
Insert "breath or" before "blood" in section 52B (7) (a).
Page 15
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 3 Consequential amendment of legislation
[6] Section 52B (9), definition of "prescribed concentration of alcohol"
Insert "210 litres of breath or" before "100 millilitres of blood".
[7] Section 52BA Dangerous navigation: procedural matters
Insert "breath or" before "blood" in section 52BA (1).
[8] Section 52BA (7), definition of "prescribed concentration of alcohol"
Insert "210 litres of breath or" before "100 millilitres of blood".
3.6 Dental Practice Regulation 2004
Clause 24 Excluded offences
Insert "breath or" before "blood" in clause 24 (3) (g).
3.7 Legal Profession Regulation 2005
Clause 4 Meaning of "excluded offence"
Insert "breath or" before "blood" in paragraph (a) (vii) of the definition of
excluded offence in clause 4 (1).
3.8 Liquor Act 1982 No 147
Section 97 Breath analysis equipment
Insert "breath or" before "blood" wherever occurring in section 97 (1) and (3).
3.9 Medical Practice Regulation 2003
Clause 12 Excluded offences (offences for which notice of conviction or
criminal finding not required)
Insert "breath or" before "blood" in clause 12 (1) (a).
3.10 Motor Accidents Compensation Act 1999 No 41
Section 138 Contributory negligence--generally
Insert "breath or" before "blood" wherever occurring in section 138 (7) (a) and
(d) (ii).
3.11 Nurses and Midwives Regulation 2003
Clause 38A Excluded offences (offences for which notice of conviction
or criminal finding not required)
Insert "breath or" before "blood" in clause 38A (a).
Page 16
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Consequential amendment of legislation Schedule 3
3.12 Optometrists Regulation 2004
Clause 6 Excluded offences
Insert "breath or" before "blood" in clause 6 (3) (g).
3.13 Osteopaths Regulation 2007
Clause 8 Excluded offences
Insert "breath or" before "blood" in clause 8 (3) (g).
3.14 Physiotherapists Regulation 2002
Clause 21 Excluded offences
Insert "breath or" before "blood" in clause 21 (3) (g).
3.15 Podiatrists Regulation 2005
Clause 9 Excluded offences
Insert "breath or" before "blood" in clause 9 (3) (g).
3.16 Psychologists Regulation 2002
Clause 7 Excluded offences
Insert "breath or" before "blood" in clause 7 (3) (g).
3.17 Registered Clubs Act 1976 No 31
Section 68 Breath analysis equipment
Insert "breath or" before "blood" wherever occurring in section 68 (1) and (3).
3.18 Road Transport (Driver Licensing) Act 1998 No 99
Section 21C Regulations may provide for installation, maintenance and
use of interlock devices
Insert "breath or" before "blood" in section 21C (2) (c) (i).
Page 17
Road Transport Legislation (Breath Testing and Analysis) Bill 2007
Schedule 3 Consequential amendment of legislation
3.19 Road Transport (Driver Licensing) Regulation 1999
[1] Clause 19A Interlock driver licences
Omit "blood alcohol" and "100 mls of blood" from clause 19A (2) (a).
Insert instead "breath or blood alcohol" and "210 litres of breath or 100
millilitres of blood", respectively.
[2] Clause 28 Conditional licences
Omit "100 mls blood" from Column 2 of the matter relating to Licence code
"Z" in the Table to clause 28 (5).
Insert instead "210 litres of breath or 100 millilitres of blood".
3.20 Road Transport (General) Act 2005 No 11
Section 131 Meaning of qualified, fit or authorised to drive or run engine
Insert "breath or" before "blood" in section 131 (2) (c).
Page 18
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