Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) For the purposes of section 43H of the Traffic Act 1925, an offence under section 6(1) of this Act is a prescribed offence in respect of which a police officer may serve a traffic infringement notice if the police officer is satisfied that the person on whom the notice is to be served–
and the offence is in respect of a concentration of alcohol in that person's 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.(a) has not been convicted of–
(i) the crime of manslaughter arising out of the driving of a motor vehicle; or
(ii) the crime of causing death by dangerous driving; or
(iii) an offence under this Act; or
(iv) an offence under section 32 of the Traffic Act 1925 (reckless driving); and
(b) is the holder of an Australian driver licence, not being a provisional licence or learner licence; and
(c) at the time of the alleged offence was not driving a prescribed vehicle–
(2) The prescribed penalty in respect of the offence referred to in subsection (1) is a fine of 2 penalty units and disqualification from driving for a period of 3 months.
(3) Where, in accordance with section 20 of the Monetary Penalties Enforcement Act 2005, a person is taken to have been convicted of an offence referred to in subsection (1) in respect of which a traffic infringement notice was issued –
(a) the period of 3 months disqualification from driving starts from the date specified in a notice of disqualification served on the person by the Registrar; and
(b) the person's Australian driver licence is cancelled from that date.
(4) A traffic infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005.