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TASMANIA
__________
ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL 2007
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970
AMENDED
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 8 amended (Liability for breath test as a result of
conduct)
6. Section 10A amended (Blood samples to be provided in certain
cases)
7. Section 13 amended (Duties of medical practitioners and nurses
in relation to taking of blood samples, &c.)
8. Section 13B amended (Analysis of blood and urine samples by
approved analyst)
9. Section 14 amended (Offences under Division 2)
10. Section 17 amended (Penalties for drink-driving offences, &c.)
11. Section 17B repealed
12. Sections 18B, 18C, 18D and 18E inserted
18B. Immediate disqualification in certain circumstances
18C. Commencement of period of disqualification
[Bill 51]-IX
18D. Cancellation of excessive drink-driving notice
18E. Appeal against excessive drink-driving notice
PART 3 VEHICLE AND TRAFFIC ACT 1999 AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
15. Section 18 amended (Restricted driver licences)
16. Part 3, Division 3B inserted
Division 3B Excessive drink-driving offences
19C. Automatic suspension of licence for excessive drink-
driving
17. Section 24 amended (Licence to be suspended when demerit
points reach prescribed limit)
18. Section 48 amended (Miscellaneous document production
requirements)
2
ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL 2007
(Brought in by the Minister for Police and Emergency
Management, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Road Safety (Alcohol and Drugs) Act
1970 and make consequential amendments to the Vehicle
and Traffic Act 1999
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 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 51] 3
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
s. 3 Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended
PART 2 ROAD SAFETY (ALCOHOL AND DRUGS)
ACT 1970 AMENDED
3. Principal Act
In this Part, the Road Safety (Alcohol and Drugs)
Act 1970* is referred to as the Principal Act.
4. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "breath test" in
subsection (1):
"excessive drink-driving notice"
means a notice given in respect of
an offence committed in the
circumstances set out in
section 18B(1);
(b) by inserting the following definition after
the definition of "foreign driver licence"
in subsection (2):
"full licence" has the same meaning
as in the Vehicle and Traffic Act
1999;
*No. 77 of 1970
4
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended s. 5
5. 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 the following subsection
after subsection (2):
(2A) Where the driver of a vehicle that
has been involved in an accident
cannot be immediately identified,
any person who was in the
vehicle at the time of the accident
becomes liable to submit to a
breath analysis.
(b) by inserting in subsection (6) "(2A)"
after "(2),".
6. Section 10A amended (Blood samples to be
provided in certain cases)
Section 10A of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Where the driver of a vehicle that has
been involved in an accident cannot be
immediately identified, a police officer
may require any person who was in the
vehicle at the time of the accident to
submit to the taking of a sample of blood
for analysis.
5
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
s. 7 Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended
7. Section 13 amended (Duties of medical practitioners
and nurses in relation to taking of blood samples,
&c.)
Section 13 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (4):
(4A) Where regulations under this Act
prescribe an amount of blood
which constitutes a sample, less
than that amount may be taken if
a medical practitioner or a
qualified nurse certifies that it
was not possible to obtain the
prescribed amount due to the
medical condition of the patient
at the time.
(4B) If a sample of blood that is less
than the prescribed amount is
taken in accordance with
subsection (4A), that smaller
sample is to be taken to be
sufficient for the purposes of this
Act.
(b) by omitting from subsection (6) "the
police officer who requested that the
sample be taken" and substituting "a
police officer".
6
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended s. 8
8. Section 13B amended (Analysis of blood and urine
samples by approved analyst)
Section 13B(4) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a)
"registered";
(b) by omitting from paragraph (b)
"registered".
9. Section 14 amended (Offences under Division 2)
Section 14(1A) of the Principal Act is amended
by omitting "10A(1)" and substituting
"section 10A(1) or (1A)".
10. Section 17 amended (Penalties for drink-driving
offences, &c.)
Section 17(1)(b) of the Principal Act is amended
by omitting "10A(1)" and substituting
"section 10A(1) or (1A)".
11. Section 17B repealed
Section 17B of the Principal Act is repealed.
7
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
s. 12 Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended
12. Sections 18B, 18C, 18D and 18E inserted
After section 18A of the Principal Act, the
following sections are inserted in Division 3:
18B. Immediate disqualification in certain
circumstances
(1) If a police officer forms a belief on
reasonable grounds that a person has
(a) committed an offence under
section 6 where it is alleged that
the concentration of alcohol in
the person's blood or breath (as
the case requires) was
(i) if the person holds a full
licence or a foreign driver
licence
(A) 0.15 grams or
more per 100
millilitres of
blood; or
(B) 0.15 grams or
more per 210 litres
of breath; or
(ii) if the person does not
hold a full licence or a
foreign driver licence or
holds a learner licence or
provisional licence
8
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended s. 12
(A) 0.07 grams or
more per 100
millilitres of
blood; or
(B) 0.07 grams or
more per 210 litres
of breath; or
(b) committed an offence that would
be a subsequent offence within
the meaning of section 17(1)(b) if
the person were convicted; or
(c) has failed or refused to submit to
a breath analysis or to the taking
of a sample of blood for
analysis
any police officer may, as soon as
practicable after that belief has been
formed, give to the accused a notice,
known as an excessive drink-driving
notice.
(2) A person to whom an excessive drink-
driving notice is given is disqualified
from driving.
(3) An excessive drink-driving notice must
specify the fact that the accused is
disqualified from driving and the period
of that disqualification in accordance
with subsection (4).
(4) A person to whom an excessive drink-
driving notice is given is disqualified
9
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
s. 12 Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended
from driving pursuant to that notice until
the sooner of the following:
(a) the charge has been determined
by a court;
(b) the expiration of the minimum
period after the notice is given,
set out in Column 4 of the Table
in section 17
(i) that corresponds to the
breath or blood alcohol
concentration in Column
2 of that Table that is
stated in the notice; or
(ii) in the case of an offence
against section 4 or 14(5)
or failure to comply with
a requirement made under
section 10(4) or
section 10A(1) or (1A),
that corresponds to the
reference to that offence
or failure in Column 1 of
that Table.
(5) If, on the subsequent hearing of the
charge, the accused is disqualified from
driving, the court must take into account
in fixing the period of disqualification
the period of disqualification served
under this section.
10
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended s. 12
18C. Commencement of period of disqualification
A period of disqualification takes effect
(a) if the person is not subject to a
current period of disqualification,
licence suspension or ineligibility
to hold a driver licence as a result
of the accumulation of demerit
points, as soon as the person is
given the excessive drink-driving
notice; or
(b) if, at the time of being given the
notice, the person is subject to a
current period of disqualification,
licence suspension or ineligibility
to hold a driver licence as a result
of the accumulation of demerit
points, on the expiration of that
period of disqualification,
suspension or ineligibility.
18D. Cancellation of excessive drink-driving
notice
(1) The Commissioner of Police may cancel
an excessive drink-driving notice by
notifying (in writing) the person to whom
the notice was given.
(2) If the Commissioner of Police cancels a
notice, he or she must cause a copy of the
cancellation to be sent immediately to the
Registrar of Motor Vehicles who must
give effect to the cancellation.
11
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
s. 12 Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended
(3) If a person is disqualified from driving,
in accordance with an excessive drink-
driving notice, and is before a court for
any reason in relation to the alleged
offence, the court may make an order
cancelling the notice if it is satisfied that
the person would suffer severe and
unusual hardship if the order were not
made.
(4) An order of the Magistrates Court under
subsection (3) is final and conclusive and
must be given effect to by the Registrar
of Motor Vehicles.
18E. Appeal against excessive drink-driving
notice
(1) A person to whom a notice is given
under section 18B(1) may appeal against
that notice to the Magistrates Court on
the ground that the notice will cause the
person severe and unusual hardship.
(2) A person who appeals under
subsection (1) must, at least 14 days
before the appeal is to be heard by the
court, give written notice of the appeal
(including particulars of the alleged
severe and unusual hardship) to the
Commissioner of Police and a registrar
of the Magistrates Court.
(3) In determining the appeal, the court must
hear any relevant evidence tendered by
12
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
Part 2 Road Safety (Alcohol and Drugs) Act 1970 Amended s. 12
the applicant or by the Commissioner of
Police.
(4) On an appeal under subsection (1), the
court may make an order
(a) confirming the notice; or
(b) cancelling the notice.
(5) The Magistrates Court must not make an
order under subsection (4) cancelling a
notice unless it is satisfied that the
applicant would suffer severe and
unusual hardship if the order were not
made.
13
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
s. 13 Part 3 Vehicle and Traffic Act 1999 Amended
PART 3 VEHICLE AND TRAFFIC ACT 1999
AMENDED
13. Principal Act
In this Part, the Vehicle and Traffic Act 1999* is
referred to as the Principal Act.
14. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of "escort vehicle"
the following definitions:
"excessive drink-driving notice" means a
notice given in respect of an excessive
drink-driving offence;
"excessive drink-driving offence" means an
offence committed in the circumstances
set out in section 18B(1) of the Road
Safety (Alcohol and Drugs) Act 1970;
15. Section 18 amended (Restricted driver licences)
Section 18(2) of the Principal Act is amended as
follows:
(a) by omitting "Neither" and substituting
"None";
*No. 70 of 1999
14
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
Part 3 Vehicle and Traffic Act 1999 Amended s. 16
(b) by omitting from paragraph (b) "points."
and substituting "points;";
(c) by inserting the following paragraph after
paragraph (b):
(c) a person who is disqualified from
driving in accordance with an
excessive drink-driving notice.
16. Part 3, Division 3B inserted
After section 19B of the Principal Act, the
following Division is inserted in Part 3:
Division 3B Excessive drink-driving offences
19C. Automatic suspension of licence for excessive
drink-driving
(1) If a person is disqualified from driving in
accordance with an excessive drink-
driving notice, his or her driver licence is
suspended for the period of
disqualification determined in
accordance with the notice.
(2) The suspension imposed by
subsection (1) is in addition to any other
penalty that the person may be liable to
in respect of the excessive drink-driving
offence.
(3) A period of suspension under this section
takes effect
15
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
s. 17 Part 3 Vehicle and Traffic Act 1999 Amended
(a) if the person is not subject to a
current period of disqualification,
licence suspension or ineligibility
to hold a driver licence as a result
of the accumulation of demerit
points, as soon as the person is
given the excessive drink-driving
notice; or
(b) if, at the time of being given the
notice, the person is subject to a
current period of disqualification,
licence suspension or ineligibility
to hold a driver licence as a result
of the accumulation of demerit
points, on the expiration of that
period of disqualification,
suspension or ineligibility.
17. Section 24 amended (Licence to be suspended when
demerit points reach prescribed limit)
Section 24 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The Registrar, by notice in writing served
on the holder of the licence, may
withdraw a notice of licence suspension
at any time before the suspension takes
effect.
16
Road Safety (Alcohol and Drugs) Amendment Act 2007
Act No. of
Part 3 Vehicle and Traffic Act 1999 Amended s. 18
18. Section 48 amended (Miscellaneous document
production requirements)
Section 48(2) of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
(ba) the person of whom the request is made
has been disqualified from driving; or
Government Printer, Tasmania 17