ROAD TRAFFIC ACT 1961 - SECT 47A
ROAD TRAFFIC ACT 1961 - SECT 47A
(1) In this Act—
"alcotest" means a test by means of an apparatus of a kind approved by the
Governor for the conduct of alcotests;
"analyst" means—
(a) a
person appointed by the Minister as an analyst for the purposes of this Act;
or
(b) a
person holding an office of a class approved by the Minister for the purposes
of this Act;
"approved blood test kit" means a kit of a kind declared by the Governor to be
an approved blood test kit;
"breath analysing instrument" means an apparatus of a kind approved as a
breath analysing instrument by the Governor;
"breath analysis" means an analysis of breath by a breath
analysing instrument;
"category 1 offence" means an offence against section 47B(1) involving a
concentration of alcohol of less than .08 grams in 100 millilitres of blood;
"category 2 offence" means an offence against section 47B(1) or (1a)
involving a concentration of alcohol of less than .15 grams, but not less than
.08 grams, in 100 millilitres of blood;
"category 3 offence" means an offence against section 47B(1) or (1a)
involving a concentration of alcohol of .15 grams or more in 100 millilitres
of blood;
"driver testing station" means a driver testing station established under
section 47DA;
"drug screening test" means a test by means of an apparatus of a kind approved
by the Governor for the conduct of drug screening tests;
"gross vehicle mass", in relation to a vehicle, means—
(a) if
the vehicle is registered in this State and a gross vehicle mass limit has
been fixed in respect of that vehicle by the Registrar of Motor
Vehicles—the mass by reference to which that limit has been fixed;
(b) if
the vehicle is registered in another State or a Territory of the Commonwealth
and a limitation or restriction on the mass of the vehicle has been imposed by
or under the law of that State or Territory—the mass by reference to
which that limitation or restriction has been imposed;
(c) in
any other case—the unladen mass of the vehicle;
"oral fluid" includes saliva;
"oral fluid analysis" means the analysis of a person's oral fluid to determine
whether a prescribed drug is present in the oral fluid;
"prescribed circumstances"—a requirement to submit to an alcotest,
breath analysis or drug screening test under section 47E or 47EAA, or a
direction to stop a vehicle for the purpose of making such a requirement, is
made or given in prescribed circumstances if the police officer who makes the
requirement or gives the direction believes on reasonable grounds that the
person of whom the requirement is, or is to be, made has, within the preceding
8 hours—
(a)
committed an offence of a prescribed class; or
(b)
behaved in a manner that indicates that the person's ability to drive a
motor vehicle is impaired; or
(c) been
involved as a driver in an accident;
"prescribed concentration of alcohol" means—
(a) in
relation to a person who is not authorised under the Motor Vehicles
Act 1959 to drive the vehicle—any concentration of alcohol in the
blood;
(ab) in
relation to a person who is driving a prescribed vehicle—any
concentration of alcohol in the blood;
(b) in
relation to any other person—a concentration of .05 grams or more of
alcohol in 100 millilitres of blood;
"prescribed drug" means a substance declared by the regulations to be a
prescribed drug;
"prescribed vehicle" means—
(a) a
vehicle with a gross vehicle mass exceeding 15 tonnes; or
(b) a
prime mover with an unladen mass exceeding 4 tonnes; or
(c) a
bus designed to carry more than 12 persons (including the driver); or
(d) a
motor vehicle that is—
(i)
designed for the principal purpose of carrying
passengers; and
(ii)
designed to carry more than 8 persons, but not more than
12 persons, (including the driver); and
(iii)
used regularly for the purpose of carrying passengers for
hire or for a business or community purpose; or
(e) a
vehicle that is being used for the purpose of carrying passengers for hire; or
(f) a
vehicle that—
(i)
is used to transport dangerous substances within the
meaning of the Dangerous Substances Act 1979 or has such substances
aboard; and
(ii)
is required under that Act to be marked with a label.
(2) For the purposes
of this Act, a person "acts as a qualified supervising driver for the holder
of a permit or licence if the person would, for the purposes of the
Motor Vehicles Act 1959 , be taken to be acting as a qualified
supervising driver for the holder of a permit or licence (see section 72A of
that Act).
(2a) For the purposes
of this Act, a police officer "exercises random testing powers if, in
accordance with section 47E or 47EAA—
(a) the
police officer requires a person to submit to an alcotest, breath analysis or
drug screening test or directs a person driving a motor vehicle to stop the
vehicle for the purpose of requiring a person to submit to an alcotest or
breath analysis; and
(b) the
requirement is made, or the direction is given, otherwise than in
prescribed circumstances.
(3) For the purposes
of section 47(4), 47B(4), 47B(6), 47BA(5), 47BA(7), 47E(7), 47EAA(17) and
47I(14b), the prescribed period is—
(a) in
the case of a previous offence that is a category 1 offence—3 years;
(b) in
any other case—5 years.