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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Alcohol and Drugs Enforcement
Measures) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--ROAD SAFETY AMENDMENTS 3
3. Definitions 3
4. Persons accompanying learner drivers subject to blood alcohol
content requirement 3
5. Alteration to method of expressing blood alcohol concentration 4
6. Penalty for accompanying driver offence 5
7. Alteration to method of expressing blood alcohol concentration 5
8. Cancellation and disqualification not to apply to accompanying
driver offence 6
9. Amendment of zero blood alcohol requirements 6
10. Persons undergoing drug assessment may also be required to
undergo breath analysis 6
11. Limitation on use of blood samples taken for drug assessments 7
12. Removal of time limitation on certificates 8
13. Removal of time limitation on certificates 8
14. Alteration to method of expressing blood alcohol concentration 8
15. Amendment of section 94A, Supreme Court--limitation of
jurisdiction 9
16. Amendment of the Road Safety (Further Amendment) Act
1991 9
PART 3--MARINE AMENDMENTS 10
17. Definitions 10
18. Persons accompanying restricted operators subject to blood
alcohol requirements 10
19. Alteration to method of expressing of blood alcohol
concentration 10
20. Penalty for accompanying operator offence 11
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541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Clause Page
21. Persons accompanying operator may be required to give
preliminary breath test 11
22. Removal of time limitation on certificates 12
23. Definitions 12
24. Cancellation and disqualification not to apply to accompanying
operator offence 12
25. Consequential amendment to Marine (Amendment) Act 2000 13
ENDNOTES 14
ii
541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 4 April 2001
As amended by Assembly 3 May 2001
A BILL
to make miscellaneous amendments to the Road Safety Act 1986, the
Marine Act 1988 and other Acts related to alcohol and drugs
enforcement and for other purposes.
Road Safety (Alcohol and Drugs
Enforcement Measures) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to make miscellaneous amendments to the
5 Road Safety Act 1986, the Marine Act
1988 and other Acts related to alcohol and
drugs enforcement; and
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Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001
s. 2
Act No.
(b) to make further minor amendments to those
Acts.
2. Commencement
(1) This Part and sections 16, 23, 24 and 25 come into
5 operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 2002, it
comes into operation on that day.
_______________
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2001
s. 3
Act No.
PART 2--ROAD SAFETY AMENDMENTS
See:
3. Definitions Act No.
127/1986.
(1) In section 3(1) of the Road Safety Act 1986, Reprint No. 6
insert the following definition-- as at
1 December
5 ' "accompanying driver offence" means an 2000
and
offence under section 49(1) which is amending
committed by a person who is taken to be in Act Nos
19/1991 and
charge of a motor vehicle by reason of the 89/1991.
operation of section 48(1AAA);'. LawToday:
www.dms.
10 (2) In section 3(1) of the Road Safety Act 1986, in dpc.vic.
gov.au
the definition of "drink driving infringement",
after "(g)" insert ", other than an accompanying
driver offence,".
4. Persons accompanying learner drivers subject to
15 blood alcohol content requirement
(1) In section 48 of the Road Safety Act 1986, for
sub-section (1AA) substitute--
"(1AA) Despite sub-section (1)(b), a person who, for
financial gain or in the course of any trade or
20 business, is teaching a person, who is driving
a motor vehicle of a kind described in
section 33(3), for which that person does not
hold an appropriate driver licence, to drive
that motor vehicle on a highway, is to be
25 taken to be in charge of the motor vehicle,
while the person whom he or she is teaching
to drive is driving or in charge of the
vehicle.".
(2) In section 48 of the Road Safety Act 1986, after
30 sub-section (1AA) insert--
"(1AAA) Despite sub-section (1)(b), a person--
(a) who is a person to whom sub-section
(1AA) does not apply; and
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2001
s. 5
Act No.
(b) who is sitting beside a person, who is
driving a motor vehicle for which that
person does not hold an appropriate
driver licence, for the purpose of
5 enabling that person lawfully to drive
that motor vehicle on a highway--
is to be taken to be in charge of the motor
vehicle while the person who does not hold
the driver licence is driving or in charge of
10 the vehicle.".
(3) In section 48 of the Road Safety Act 1986, for
sub-section (1AB) substitute--
"(1AB) Sub-sections (1AA) and (1AAA) do not
affect any liability of the person who does
15 not hold the appropriate driver licence for
any offence committed by that person while
so driving or being in charge of the motor
vehicle.".
(4) In section 48(2)(d) of the Road Safety Act 1986,
20 after "an offence" insert ", other than an
accompanying driver offence".
5. Alteration to method of expressing blood alcohol
concentration
In section 49(1) of the Road Safety Act 1986--
25 (a) in paragraph (b), for "more than the
prescribed concentration of alcohol"
substitute "the prescribed concentration of
alcohol or more than the prescribed
concentration of alcohol";
30 (b) in paragraph (e), after "(2)" insert ", (2AA)";
(c) in paragraph (f), after "section 55(1)" insert
"or (2AA)";
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2001
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Act No.
(d) in paragraph (f)(i), for "more than the
prescribed concentration of alcohol"
substitute "the prescribed concentration of
alcohol or more than the prescribed
5 concentration of alcohol";
(e) in paragraph (g)(i), for "more than the
prescribed concentration of alcohol"
substitute "the prescribed concentration of
alcohol or more than the prescribed
10 concentration of alcohol".
6. Penalty for accompanying driver offence
(1) In section 49(2) of the Road Safety Act 1986,
after "sub-section (1)" insert ", other than an
accompanying driver offence,".
15 (2) In section 49(3) of the Road Safety Act 1986,
after "sub-section (1)" insert ", other than an
accompanying driver offence,".
(3) In section 49 of the Road Safety Act 1986, after
sub-section (3) insert--
20 "(3AA) A person who is guilty of an accompanying
driver offence is liable to a fine of not more
than 5 penalty units.".
7. Alteration to method of expressing blood alcohol
concentration
25 (1) In section 50(1)(a) of the Road Safety Act 1986
for "was 0·05 grams per 100 millilitres of blood or
less" substitute "was less than 0·05 grams per
100 millilitres of blood".
(2) In section 50(1AB) of the Road Safety Act
30 1986--
(a) in paragraph (a), for "was not more than
0·05 grams per 100 millilitres of blood"
substitute "was less than 0·05 grams per
100 millilitres of blood";
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2001
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(b) in paragraph (b), for "was not more than
0·10 grams per 100 millilitres of blood"
substitute "was less than 0·10 grams per
100 millilitres of blood".
5 8. Cancellation and disqualification not to apply to
accompanying driver offence
In section 50 of the Road Safety Act 1986, after
sub-section (5) insert--
"(6) This section does not apply to a person who
10 is convicted or found guilty of an
accompanying driver offence.".
9. Amendment of zero blood alcohol requirements
(1) In section 52 of the Road Safety Act 1986, after
sub-section (1D) insert--
15 "(1E) This section also applies, during the period
of 1 year from the first issue of a driver
licence which authorises the holder to drive a
motor cycle, while the holder is driving or in
charge of a motor cycle, whether or not the
20 holder also holds a driver licence which
authorises him or her to drive another kind of
motor vehicle.".
(2) In section 52(2) of the Road Safety Act 1986, for
"a concentration of alcohol present in the blood of
25 that person of 0·00 grams per 100 millilitres of
blood" substitute "any concentration of alcohol
present in the blood of that person".
10. Persons undergoing drug assessment may also be
required to undergo breath analysis
30 (1) In section 55 of the Road Safety Act 1986, after
sub-section (2) insert--
"(2AA) A member of the police force may require
any person who is required to undergo a drug
assessment under section 55A to furnish a
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s. 11
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sample of breath for analysis by a breath
analysing instrument and may, for that
purpose, require the person to remain at the
place at which the person is required to
5 remain for the purposes of the drug
assessment until--
(a) the person has furnished the sample of
breath and been given the certificate
referred to in sub-section (4) and the
10 drug assessment has been carried out;
or
(b) 3 hours after the driving, being an
occupant of or being in charge of the
motor vehicle--
15 whichever is the sooner.".
(2) In section 55(2A) of the Road Safety Act 1986,
for "under sub-section (1) or (2)" substitute
"under sub-section (1), (2) or (2AA)".
(3) In section 55(9A) of the Road Safety Act 1986,
20 for "under sub-section (1) or (2)" substitute
"under sub-section (1), (2) or (2AA)".
11. Limitation on use of blood samples taken for drug
assessments
In section 55B of the Road Safety Act 1986, after
25 sub-section (1) insert--
"(1A) A member of the police force must not
require a person to allow a sample of his or
her blood to be taken for analysis under sub-
section (1)(a) if that person has already had a
30 sample of blood taken from him or her under
section 55 after the driving, being an
occupant of or being in charge of the motor
vehicle.".
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2001
s. 12
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12. Removal of time limitation on certificates
(1) In section 57(2) of the Road Safety Act 1986,
omit "within 3 hours".
(2) In section 57(7A)(b) of the Road Safety Act
5 1986, after sub-paragraph (iii) insert--
"(iiia) there is a reasonable possibility that the
sample was not taken within 3 hours after the
person who provided the sample drove or
was in charge of the vehicle; or".
10 13. Removal of time limitation on certificates
(1) In section 57A(2)(a) of the Road Safety Act
1986, omit "within 3 hours".
(2) In section 57A(9)(b) of the Road Safety Act
1986, after sub-paragraph (ii) insert--
15 "(iia) there is a reasonable possibility that the
sample was not taken within 3 hours after the
person who provided the sample drove or
was in charge of the vehicle; or".
14. Alteration to method of expressing blood alcohol
20 concentration
(1) In section 89C(1)(a) of the Road Safety Act
1986, for "is more than 0·05 grams per
100 millilitres of blood" substitute "is 0·05 grams
per 100 millilitres of blood or more".
25 (2) In section 89C(2)(a) of the Road Safety Act
1986, for "is 0·05 grams or less per 100 millilitres
of blood" substitute "is less than 0·05 grams per
100 millilitres of blood".
(3) In section 89C(3)(a) of the Road Safety Act
30 1986, for "is 0·05 grams or less per 100 millilitres
of blood" substitute "is less than 0·05 grams per
100 millilitres of blood".
8
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2001
s. 15
Act No.
15. Amendment of section 94A, Supreme Court--
limitation of jurisdiction
In section 94A of the Road Safety Act 1986, after
sub-section (2) insert--
5 "(3) It is the intention of section 55(9E), to the
extent that that section applies in respect of
anything done under section 55(9A) as
amended by section 10 of the Road Safety
(Alcohol and Drugs Enforcement
10 Measures) Act 2001, to alter or vary section
85 of the Constitution Act 1975.".
See:
16. Amendment of the Road Safety (Further Amendment) Act No.
Act 1991 89/1991.
In section 16(1) of the Road Safety (Further
15 Amendment) Act 1991, in proposed section
89C(1A)(a) of the Road Safety Act 1986, for "is
0·05 grams or less per 100 millilitres of blood"
substitute "is less than 0·05 grams per
100 millilitres of blood".
20 _______________
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s. 17
Act No.
PART 3--MARINE AMENDMENTS
See: 17. Definitions
Act No.
52/1988.
In section 3(1) of the Marine Act 1988 insert the
Reprint No. 4
following definition--
as at
4 February
5 ' "accompanying operator offence" means an
1999
and
offence under section 28(1) which is
amending
committed by a person who is taken to be in
Act Nos
28/1999,
charge of a vessel by reason of the operation
14/2000,
of section 27(1AAA);'.
74/2000 and
93/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
10 18. Persons accompanying restricted operators subject to
blood alcohol requirements
In section 27 of the Marine Act 1988, after sub-
section (1A) insert--
"(1AAA) A person is to be taken to be in charge of a
15 vessel under way, if that person is
accompanying a person who is in charge of
the vessel, for the purpose of enabling the
person who is in charge of the vessel to
comply with--
20 (a) any condition of the person's licence; or
(b) any requirement of regulations made
under this Act--
that the person be accompanied by a licensed
operator while in charge of the vessel.".
25 19. Alteration to method of expressing of blood alcohol
concentration
In section 28(1) of the Marine Act 1988--
(a) in paragraph (b), for "more than the
prescribed concentration of alcohol"
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2001
s. 20
Act No.
substitute "the prescribed concentration of
alcohol or more than the prescribed
concentration of alcohol";
(b) in paragraph (f)(i), for "more than the
5 prescribed concentration of alcohol"
substitute "the prescribed concentration of
alcohol or more than the prescribed
concentration of alcohol".
20. Penalty for accompanying operator offence
10 (1) In section 28(2) of the Marine Act 1988, after
"sub-section (1)(a)" insert ", other than an
accompanying operator offence,".
(2) In section 28(3) of the Marine Act 1988, after
"sub-section (1)(b), (c), (d), (e) or (f)" insert
15 ", other than an accompanying operator offence,".
(3) In section 28 of the Marine Act 1988, after sub-
section (3) insert--
"(3A) A person who is guilty of an accompanying
operator offence is liable to a fine of not
20 more than 5 penalty units.".
21. Persons accompanying operator may be required to
give preliminary breath test
In section 29(1) of the Marine Act 1988, after
paragraph (a) insert--
25 "(ab) any person he or she finds in a vessel under
way where the person whom the member of
the police force finds in charge of the
vessel--
(i) holds an operator licence which is
30 subject to a condition that that person
must be accompanied by a licensed
operator while in charge of the vessel;
or
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s. 22
Act No.
(ii) is required by regulations under this
Act to be accompanied by a licensed
operator while in charge of the vessel;
or".
5 22. Removal of time limitation on certificates
In section 32(2)(c) of the Marine Act 1988, omit
"within 3 hours".
See: 23. Definitions
Act No.
93/2000.
In section 3 of the Marine (Amendment) Act
10 2000, for the definition of "prescribed
concentration of blood alcohol" as proposed to be
inserted in section 3(1) of the Marine Act 1988,
substitute--
' "prescribed concentration of alcohol"
15 means--
(a) in the case of a person who is under the
age of 21 years and who is in charge of
a regulated recreational vessel under
way, any concentration of alcohol
20 present in the blood of that person; and
(b) in the case of any other person, a
concentration of alcohol present in the
blood of that person of 0.05 grams per
100 millilitres of blood.'.
25 24. Cancellation and disqualification not to apply to
accompanying operator offence
In section 9 of the Marine (Amendment) Act
2000, in proposed section 28A of the Marine Act
1988, after sub-section (3) insert--
30 "(4) This section does not apply to a person who
is convicted or found guilty of an
accompanying operator offence.".
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2001
s. 25
Act No.
25. Consequential amendment to Marine (Amendment)
Act 2000
In section 13 of the Marine (Amendment) Act
2000, in proposed section 61BA(1)(a) of the
5 Marine Act 1988, for "more than the prescribed
concentration of blood alcohol" substitute "the
prescribed concentration of alcohol or more than
the prescribed concentration of alcohol".
10
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Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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