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TASMANIA
__________
ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL (No. 2) 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Transitional provision
4. Effect of amendments to regulations specified in Parts 5 and 6
PART 2 ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970
AMENDED
5. Principal Act
6. Section 2 amended (Interpretation)
7. Section 6 amended (Driving with excessive concentration of
breath or blood alcohol)
8. Section 7 amended (Consumption, &c., of intoxicating liquor in
motor vehicles)
9. Section 7A amended (Power of police officer to require driver of
motor vehicle to undergo breath test)
10. Section 8 amended (Liability for breath test as a result of
conduct)
11. Section 11 amended (Rights and obligations on completion of
breath analysis)
12. Section 14 amended (Offences under Division 2)
13. Section 17 amended (Penalties for drink-driving offences, &c.)
[Bill 28]-I
14. Section 18A amended (Traffic infringement notice may be
issued in certain circumstances)
15. Section 19 amended (Special hardship orders)
16. Section 21 amended (Avoidance of certain provisions in
contracts of insurance)
17. Section 22 amended (Application of Division 1)
18. Section 23 amended (Statutory presumptions with respect to
breath analyses and blood tests, &c.)
19. Section 24 amended (Restrictions on admission of evidence of
breath analysis)
20. Section 25 amended (Evidence as to carrying out of breath
analysis)
PART 3 MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
21. Principal Act
22. Section 24 amended (Exclusions from scheduled benefits)
PART 4 RAIL SAFETY ACT 1997 AMENDED
23. Principal Act
24. Section 29 amended (Railway employees)
25. Schedule 1 amended (Notifiable Occurrences)
26. Schedule 2 amended (Regulations)
PART 5 RAIL SAFETY REGULATIONS 1999 AMENDED
27. Principal Regulations
28. Regulation 8 amended (Notifiable occurrences)
29. Regulation 9 amended (Railway employees - alcohol and drugs)
30. Schedule 1 amended (Railway employees - alcohol and drugs -
testing procedures and requirements)
PART 6 ROAD SAFETY (ALCOHOL AND DRUGS) REGULATIONS
1999 AMENDED
31. Principal Regulations
32. Regulation 15 amended (Forms of statements)
33. Schedule 1 amended (Forms)
2
PART 7 VEHICLE AND TRAFFIC (DRIVER LICENSING AND
VEHICLE REGISTRATION) REGULATIONS 2000
AMENDED
34. Principal Regulations
35. Regulation 16 amended (Conditional licences)
3
4
ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL (No. 2) 2005
(Brought in by the Minister for Police and Public Safety, the
Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Road Safety (Alcohol and Drugs) Act
1970, the Motor Accidents (Liabilities and Compensation)
Act 1973, the Rail Safety Act 1997, the Rail Safety
Regulations 1999, the Road Safety (Alcohol and Drugs)
Regulations 1999 and the Vehicle and Traffic (Driver
Licensing and Vehicle Registration) Regulations 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Road Safety
(Alcohol and Drugs) Amendment Act (No. 2)
2005.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 28] 5
s. 3 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
3. Transitional provision
Notwithstanding any amendment made to the
Road Safety (Alcohol and Drugs) Act 1970 by
this Act, the provisions of the Road Safety
(Alcohol and Drugs) Act 1970 as in force
immediately before the commencement of this
Act apply to a person who committed an offence
under the Road Safety (Alcohol and Drugs) Act
1970 before the commencement of this Act.
4. Effect of amendments to regulations specified in
Parts 5 and 6
The amendments by this Act of a provision of
any regulations does not prevent that or any
other provision of those regulations from being
amended or rescinded by a subsequent
regulation.
6
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 5
(No. 2)
PART 2 ROAD SAFETY (ALCOHOL AND DRUGS)
ACT 1970 AMENDED
5. Principal Act
In this Part, the Road Safety (Alcohol and Drugs)
Act 1970* is referred to as the Principal Act.
6. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended as
follows:
(a) by omitting "blood" from the definition
of "breath analysing instrument" and
substituting "breath";
(b) by omitting "blood" from the definition
of "breath analysis" and substituting
"breath";
(c) by inserting "breath or" after "a
person's" in the definition of "breath
test";
(d) by omitting the definition of "prescribed
concentration" and substituting the
following definition:
"prescribed concentration" means a
concentration of 0·05 of a gram
of alcohol in 210 litres of breath
or a concentration of 0·05 of a
gram of alcohol in 100 millilitres
of blood;
*No. 77 of 1970
7
s. 7 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
7. Section 6 amended (Driving with excessive
concentration of breath or blood alcohol)
Section 6(1) of the Principal Act is amended by
inserting "breath or" after "his".
8. Section 7 amended (Consumption, &c., of
intoxicating liquor in motor vehicles)
Section 7(3A) of the Principal Act is amended
by omitting "Liquor and Accommodation Act
1990" and substituting "Liquor Licensing Act
1990".
9. Section 7A amended (Power of police officer to
require driver of motor vehicle to undergo breath
test)
Section 7A(4) of the Principal Act is amended
by inserting "breath or" after "person's".
10. Section 8 amended (Liability for breath test as a
result of conduct)
Section 8 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "breath or"
after "person's";
(b) by inserting in subsection (8) "breath or"
after "person's".
8
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 11
(No. 2)
11. Section 11 amended (Rights and obligations on
completion of breath analysis)
Section 11(1) of the Principal Act is amended by
omitting "blood" and substituting "breath".
12. Section 14 amended (Offences under Division 2)
Section 14 of the Principal Act is amended as
follows:
(a) by inserting in subsection (6) "breath or"
before "blood";
(b) by inserting in subsection (7) "breath or"
after "in his".
13. Section 17 amended (Penalties for drink-driving
offences, &c.)
Section 17 of the Principal Act is amended as
follows:
(a) by inserting in subsection (4)(a) "breath
or" after "alcohol in the";
(b) by inserting in subsection (4)(b) "breath
or" after "in the";
(c) by omitting
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
Section of Act or Concentration of Fine Period of Term of
offence alcohol in blood in disqualification imprisonment
grams per 100
millilitres of blood
from Part 1 of the table in subsection (5)
and substituting the following:
9
s. 14 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
Section of Act or Concentration of Fine Period of Term of
offence alcohol in breath disqualification imprisonment
in grams per 210
litres of breath or
in blood in grams
per 100 millilitres
of blood
(d) by omitting
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
Section of Act or Concentration of Fine Period of Term of
offence alcohol in blood in disqualification imprisonment
grams per 100
millilitres of blood
from Part 2 of the table in subsection (5)
and substituting the following:
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
Section of Act or Concentration of Fine Period of Term of
offence alcohol in breath disqualification imprisonment
in grams per 210
litres of breath or
in blood in grams
per 100 millilitres
of blood
14. Section 18A amended (Traffic infringement notice
may be issued in certain circumstances)
Section 18A(1) of the Principal Act is amended
by omitting "blood of less than 0·1 of a gram of
alcohol in 100 millilitres of blood" and
substituting "breath of less than 0·1 of a gram of
alcohol in 210 litres of breath or a concentration
of alcohol in that person's blood of less than 0·1
of a gram of alcohol in 100 millilitres of blood".
10
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 15
(No. 2)
15. Section 19 amended (Special hardship orders)
Section 19(1A)(b) of the Principal Act is
amended as follows:
(a) by inserting "breath or" after "her";
(b) by inserting "equal to or greater than
0·15 of a gram of alcohol in 210 litres of
breath or" after "concentration".
16. Section 21 amended (Avoidance of certain
provisions in contracts of insurance)
Section 21(b) of the Principal Act is amended by
inserting "breath or" after "in his".
17. Section 22 amended (Application of Division 1)
Section 22(1)(b) of the Principal Act is amended
by inserting "breath or" after "in the".
18. Section 23 amended (Statutory presumptions with
respect to breath analyses and blood tests, &c.)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "blood"
three times occurring and substituting
"breath";
(b) by inserting in subsection (4) "breath or"
after "in the";
11
s. 19 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
(c) by inserting in subsection (4) "breath or"
after "been the concentration of alcohol
in his";
(d) by inserting in subsection (4) "breath or"
after "that the concentration of alcohol in
his";
(e) by inserting in subsection (5) "breath or"
after "analysis had alcohol in his";
(f) by inserting in subsection (5) "breath or"
after "he had alcohol in his";
(g) by inserting in subsection (6) "breath or"
after "shown that the concentration of
alcohol in the";
(h) by inserting in subsection (6) "breath or"
after "proved, that the concentration of
alcohol in the".
19. Section 24 amended (Restrictions on admission of
evidence of breath analysis)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "blood"
first occurring and substituting "breath";
(b) by omitting from subsection (2) "blood"
and substituting "breath".
12
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 20
(No. 2)
20. Section 25 amended (Evidence as to carrying out of
breath analysis)
Section 25(2)(f) of the Principal Act is amended
as follows:
(a) by omitting "100 millilitres of blood" and
substituting "210 litres of breath";
(b) by omitting "blood" second occurring
and substituting "breath".
13
s. 21 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
PART 3 MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
21. Principal Act
In this Part, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
22. Section 24 amended (Exclusions from scheduled
benefits)
Section 24(4) of the Principal Act is amended by
omitting the column headings from the table and
substituting the following:
Section of Road Concentration of alcohol in Proportion of disability
Safety (Alcohol breath (grams per 210 litres of allowance otherwise
and Drugs) Act breath) or in blood (grams per payable
1970 100 millilitres of blood)
*No. 71 of 1973
14
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 23
(No. 2)
PART 4 RAIL SAFETY ACT 1997 AMENDED
23. Principal Act
In this Part, the Rail Safety Act 1997* is referred
to as the Principal Act.
24. Section 29 amended (Railway employees)
Section 29 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(c)(i)
"breath or" after "her";
(b) by inserting in subsection (2)(a) "breath
or" after "her".
25. Schedule 1 amended (Notifiable Occurrences)
Clause 19 of Schedule 1 to the Principal Act is
amended by omitting paragraph (a) and
substituting the following paragraph:
(a) while there is present in his or her blood
a concentration of 0·05 of a gram or more
of alcohol in 210 litres of breath or a
concentration of 0·05 of a gram or more
of alcohol in 100 millilitres of blood; or
*No. 24 of 1997
15
s. 26 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
26. Schedule 2 amended (Regulations)
Clause 10 of Schedule 2 to the Principal Act is
amended by inserting "breath or" after "in the".
16
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 27
(No. 2)
PART 5 RAIL SAFETY REGULATIONS 1999
AMENDED
27. Principal Regulations
In this Part, the Rail Safety Regulations 1999*
are referred to as the Principal Regulations.
28. Regulation 8 amended (Notifiable occurrences)
Regulation 8(6) of the Principal Regulations is
amended as follows:
(a) by inserting in paragraph (b) "breath or"
after "her";
(b) by inserting in paragraph (c)(i) "breath
or" after "employee's".
29. Regulation 9 amended (Railway employees - alcohol
and drugs)
Regulation 9 of the Principal Regulations is
amended by omitting subregulation (1) and
substituting the following subregulation:
(1) For the purposes of section 29 of the Act,
the prescribed concentration of alcohol is
a concentration of 0·05 of a gram or more
of alcohol in 210 litres of breath or a
concentration of 0·05 of a gram or more
of alcohol in 100 millilitres of blood.
*S.R. 1999, No. 105
17
s. 30 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
30. Schedule 1 amended (Railway employees - alcohol
and drugs - testing procedures and requirements)
Schedule 1 to the Principal Regulations is
amended as follows:
(a) by omitting the definition of "prescribed
concentration of alcohol" from clause
1(1) of Part 1 and substituting the
following definition:
"prescribed concentration of
alcohol" means a concentration
of 0·05 of a gram or more of
alcohol in 210 litres of breath or a
concentration of 0·05 of a gram
or more of alcohol in 100
millilitres of blood;
(b) by inserting in clause 3(2)(b) of Part 2
"breath or" after "her";
(c) by omitting from clause 5 of Part 2
"blood" and substituting "breath";
(d) by omitting from clause 7(1) of Part 2
"blood" first occurring and substituting
"breath";
(e) by inserting in clause 9(3) of Part 3
"breath," after "person's";
(f) by omitting from clause 10(1) of Part 4
"blood" twice occurring and substituting
"breath";
(g) by omitting from clause 10(2)(b) of Part
4 "blood" second occurring and
substituting "breath";
18
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 30
(No. 2)
(h) by inserting in clause 10(5) of Part 4
"breath or" after "present in the";
(i) by omitting from clause 10(6)(b) of Part
4 "100 millilitres" and substituting "210
litres of breath";
(j) by omitting from clause 10(6)(b) of Part
4 "blood" and substituting "breath".
19
s. 31 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
PART 6 ROAD SAFETY (ALCOHOL AND DRUGS)
REGULATIONS 1999 AMENDED
31. Principal Regulations
In this Part, the Road Safety (Alcohol and Drugs)
Regulations 1999* are referred to as the
Principal Regulations.
32. Regulation 15 amended (Forms of statements)
Regulation 15(1) of the Principal Regulations is
amended as follows:
(a) by omitting from paragraph (a) "blood"
and substituting "breath";
(b) by omitting from paragraph (c) "blood"
and substituting "breath".
33. Schedule 1 amended (Forms)
Schedule 1 to the Principal Regulations is
amended by omitting Forms 2, 3 and 4 and
substituting:
*S.R. 1999, No. 173
20
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 33
(No. 2)
FORM 2
Regulation 15
21
s. 33 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
FORM 3
Regulation 15
22
2005 Road Safety (Alcohol and Drugs) Amendment No. s. 33
(No. 2)
FORM 4
Regulation 15
23
s. 34 No. Road Safety (Alcohol and Drugs) Amendment 2005
(No. 2)
PART 7 VEHICLE AND TRAFFIC (DRIVER
LICENSING AND VEHICLE REGISTRATION)
REGULATIONS 2000 AMENDED
34. Principal Regulations
In this Part, the Vehicle and Traffic (Driver
Licensing and Vehicle Registration) Regulations
2000* are referred to as the Principal
Regulations.
35. Regulation 16 amended (Conditional licences)
Regulation 16 of the Principal Regulations is
amended as follows:
(a) by inserting in subregulation (3)(i)
"breath or" after "with a";
(b) by inserting in subregulation (6)(a)
"breath or" after "with a".
*S.R. 2000, No. 49
24 Government Printer, Tasmania