Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, unless the contrary intention appears –
"approved analyst" has the meaning assigned to that expression by section 3(5);
"approved operator" has the meaning assigned to that expression by section 3(6);
"breath analysing instrument" means any apparatus that is designed for ascertaining, by analysis of a person's breath, the concentration of alcohol present in his breath (being apparatus of a type approved by the Governor by notice in the Gazette);
"breath analysis" means a procedure carried out by a breath analysing instrument for the purpose of ascertaining, by analysis of a person's breath, the concentration of alcohol present in his breath;
"breath test" means a test for the purpose of indicating the concentration of alcohol present in a person's breath or blood, carried out on that person's breath by means of a device (not being a breath analysing instrument) of a type approved for the purposes of such a test by the Governor by notice in the Gazette;
"Director, MPES" means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005;
"excessive drink-driving notice" means a notice given in respect of an offence committed in the circumstances set out in section 18B(1);
"oral fluid test" means a test, for the purpose of indicating whether a prescribed illicit drug is present in a person's blood, carried out on that person's oral fluid by means of a device of a type approved for the purposes of such a test by the Minister by notice in the Gazette;
"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;
"prescribed illicit drug" means a drug prescribed in the regulations as an illicit drug;
"qualified nurse" means a person who is registered or enrolled as a nurse under the Nursing Act 1995;
"supervising analyst" means the supervising analyst appointed under section 3(1);
"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.
(2) In this Act –
"Australian driver licence" has the same meaning as in the Vehicle and Traffic Act 1999;
"foreign driver licence" has the same meaning as in the Vehicle and Traffic Act 1999;
"full licence" has the same meaning as in the Vehicle and Traffic Act 1999;
"international driving permit" has the same meaning as in the Vehicle and Traffic Act 1999;
"learner licence" has the same meaning as in the Vehicle and Traffic Act 1999;
"medical practitioner" has the same meaning as in the Vehicle and Traffic Act 1999;
"motor vehicle" has the same meaning as in the Vehicle and Traffic Act 1999;
"provisional licence" has the same meaning as in the Vehicle and Traffic Act 1999;
"public street" has the same meaning as in the Traffic Act 1925;
"restricted driver licence" has the same meaning as in the Vehicle and Traffic Act 1999;
"vehicle" has the same meaning as in the Traffic Act 1925.
(2A) In this Act, "prescribed vehicle" means –
(a) a public passenger vehicle within the meaning of the Passenger Transport Act 1997; or
(b) a vehicle, other than a vehicle referred to in paragraph (a), that is designed and constructed primarily for the carriage of 13 or more adult passengers, including the driver; or
(c) a vehicle that is not designed and constructed primarily for the carriage of passengers but has a gross vehicle mass exceeding 4.5 tonnes.
(3) A reference in this Act to the liability of a person to submit to a breath analysis or a medical examination is a reference to such a liability arising under section 7A(4), 8(1), 8(2), 8(3), or 9(2).
(3A) For the purposes of this Act, a reference to a relevant time is a reference to –
(a) in relation to a person who becomes liable to submit to a breath analysis by virtue of section 7A(4) – the time of the last act of driving by the person before that person became so liable;
(b) in relation to a person who becomes liable to submit to a breath analysis under section 8(1) – the time when the person was first found by the police officer;
(c) in relation to a person who becomes liable to submit to a breath analysis under section 8(2) – the time at which the act constituting the offence occurred;
(d) in relation to a person who becomes liable to submit to a breath analysis under section 8(3) –
(i) where the person concerned was first found by a police officer after the accident at or near the place of the accident or at, or being conveyed to, a place for the purpose of receiving medical treatment – the time at which that person is so found; or
(ii) in any other case – the time of the accident; and
(e) in relation to a person who becomes liable to submit to a medical examination under section 9(2)– the time at which the person last drove a motor vehicle before the requirement under section 9(1) was made; and
(f) in relation to a person who, following an oral fluid test, becomes liable to submit to the taking of a sample of blood for analysis under section 7C – the time of the act of driving which gave rise to the oral fluid test.
(4) A reference in this Act to the driving of a vehicle or a motor vehicle shall be construed as including a reference to the having charge of that vehicle or motor vehicle, and a person may, having regard to the particular circumstances of the case, be regarded as driving a motor vehicle for the purposes of this Act notwithstanding that the motor vehicle is stationary or that he may have alighted from the vehicle.
(5) For the purposes of subsection (4), if the holder of a learner licence has charge of a vehicle or motor vehicle, both that holder and the holder of an Australian driver licence who is or was seated in or on that vehicle or motor vehicle and instructing the learner driver have charge of that vehicle or motor vehicle.
(6) Subsection (5) does not apply if the holder of the Australian driver licence shows that –
(a) he or she did not consent to being in the vehicle or motor vehicle while the holder of the learner licence had charge of the vehicle or motor vehicle; or
(b) he or she did not know, and could not reasonably be expected to have known, that the person having charge of the vehicle or motor vehicle was the holder of the learner licence.