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TASMANIA
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ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL 2008
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 5 amended (Powers of arrest, &c.)
6. Section 7D inserted
7D. Trace particle detection tests
[Bill 18]-I
2
ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL 2008
(Brought in by the Minister for Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Road Safety (Alcohol and Drugs) Act
1970
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:
1. Short title
This Act may be cited as the Road Safety
(Alcohol and Drugs) Amendment Act 2008.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Road Safety (Alcohol and Drugs)
Act 1970* is referred to as the Principal Act.
*No. 77 of 1970
[Bill 18] 3
Road Safety (Alcohol and Drugs) Amendment Act 2008
Act No. of
s. 4
4. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended as
follows:
(a) by omitting "section 3(1)." from the
definition of "supervising analyst" and
substituting "section 3(1);";
(b) by inserting the following definition after
the definition of "supervising analyst":
"trace particle detection test" means
a test for the purpose of detecting
traces of a prescribed illicit drug
carried out by means of a device
approved for the purpose of such
a test by the Minister by notice in
the Gazette.
5. Section 5 amended (Powers of arrest, &c.)
Section 5 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) A police officer may, for the purpose of
performing any function or exercising
any power under this Act, enter a motor
vehicle using such force as is necessary
and reasonable.
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Road Safety (Alcohol and Drugs) Amendment Act 2008
Act No. of
s. 6
6. Section 7D inserted
After section 7C of the Principal Act, the
following section is inserted in Division 2:
7D. Trace particle detection tests
(1) A police officer may direct any person
who is driving a motor vehicle on a
public street to stop his or her vehicle for
the purpose of conducting a trace particle
detection test.
(2) A direction may be given under
subsection (1) whether or not the police
officer has grounds for suspecting that a
person may have a prescribed illicit drug
in his or her blood.
(3) For the purpose of performing a trace
particle detection test, a police officer
may collect a sample from the steering
wheel of a motor vehicle directed to stop
under subsection (1) or required or
directed to stop under any other
provision of this Act.
(4) A police officer may use such force as is
necessary and reasonable to collect a
sample referred to in subsection (3).
Government Printer, Tasmania 5