TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 100 100 Amendment of s 79 (Vehicle offences involving liquor or other drugs)

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 100

(1) Section 79(1D) and (1E), 'subsection (2)'—

omit, insert—

'subsection (1F), (2)'.

(2) Section 79—

insert—

'(1F) Offence of driving etc. while over middle alcohol limit but not over high alcohol limit

Any person who, while the person is over the middle alcohol limit but is not over the high alcohol limit—

(a) drives a motor vehicle, tram, train or vessel; or

(b) attempts to put in motion a motor vehicle, tram, train or vessel; or

(c) is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence and liable to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 6 months.'.

(3) Section 79(2), 'high'—

omit, insert—

'middle'.

(4) Section 79(2F) to (2I) and (4), 'subsection (2)'—

omit, insert—

'subsection (1F), (2)'.

(5) Section 79(4)(b)—

omit, insert—

'(b) that at the material time the defendant—

(i) was over the middle alcohol limit; or

(ii) was over the general alcohol limit; or

(iii) was a person to whom subsection (2A), (2B), (2D), (2J), (2K) or (2L) referred and was over the no alcohol limit;'.

(6) Section 79(4A), 'subsection (2)'—

omit, insert—

'subsection (1F) or (2)'.

(7) Section 79(6), after '(1)(c),'—

insert—

'(1F)(c),'.

(8) Section 79(6)(a)(iv)(A) and (B)—

renumber as section 79(6)(a)(iv)(B) and (C).

(9) Section 79(6)(a)(iv)—

insert—

'(A) the middle alcohol limit; or'.

(10) Section 79(6)(d) and (9), after 'subsection (1),'—

insert—

'(1F),'.

(11) Section 79(9), from 'until the time'—

omit, insert—

'until—

(a) the court revokes the order in the interests of justice; or

(b) the time when the charge is heard and decided or otherwise disposed of.'.

(12) Section 79(9A), 'subject to subsection (10)'—

omit, insert—

'subject to the following—

(a) subsection (10);

(b) the Bail Act 1980, section 20(3AA) to the extent the section provides that the person need not appear personally if the person is represented by the person's lawyer.'.

(13) Section 79(10), from 'if it is satisfied'—

omit, insert—

'if it is satisfied—

(a) on medical or other evidence placed before the court that the person's failure to appear before it was caused by any medical or other circumstance making the person physically incapable of appearing before the court; or

(b) making the order would not otherwise be in the interests of justice.'.

(14) Section 79, after subsection (10)—

insert—

'(10AA) A Magistrates Court has and may exercise a discretion to make an order revoking an order made under subsection (9) if it is satisfied revoking the order is in the interests of justice.'.