Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 48

Interpretative provisions

48. Interpretative provisions



(1) For the purposes of this Part-



   (a)  if it is established that at any time within 3 hours after an alleged
        offence against paragraph (a) or (b) of section 49(1), a certain
        concentration of alcohol was present in the blood or breath of the
        person charged with the offence it must be presumed, until the
        contrary is proved, that not less than that concentration of alcohol
        was present in the person's blood or breath (as the case requires) at
        the time at which the offence is alleged to have been committed; and

   (ab) if it is established that at any time within 3 hours after an alleged
        offence against paragraph (ba) of section 49(1), a certain drug was
        present in the body of the person charged with the offence it must be
        presumed, until the contrary is proved, that that drug was present in
        the person's body at the time at which the offence is alleged to have
        been committed; and

   (ac) if it is established that at any time within 3 hours after an alleged
        offence against paragraph (bb) of section 49(1), a certain drug was
        present in the blood or oral fluid of the person charged with the
        offence it must be presumed, until the contrary is proved, that that
        drug was present in the person's blood or oral fluid at the time at
        which the offence is alleged to have been committed; and





   (b)  a person is not to be taken to be in charge of a motor vehicle unless
        that person is a person to whom section 3AA(1)(a), (b), (c) or (d)
        applies.

(1AA) Despite subsection (1)(b) and section 3AA, a person is not to be taken
to be in charge of a motor vehicle merely because the person attempts, or
intends, to start the motor vehicle if the motor vehicle has an approved
alcohol interlock installed and maintained by an approved alcohol interlock
supplier or a person or body authorised by such a supplier.

Note For approved alcohol interlock and approved alcohol interlock supplier,
see section 3(1).

* * * * *





* * * * *





(1AC) For the purposes of an alleged offence against paragraph (ba) of section
49(1) it must be presumed that a drug found by an analyst to be present in the
sample of blood or urine taken from the person charged was not due solely to
the consumption or use of that drug after driving or being in charge of a
motor vehicle unless the contrary is proved by the person charged on the
balance of probabilities by sworn evidence given by him or her which is
corroborated by the material evidence of another person.

(1AD) For the purposes of sections 55A and 55B, a driver is not to be taken to
be impaired unless his or her behaviour or appearance is such as to give rise
to a reasonable suspicion that he or she is unable to drive properly.

(1A) For the purposes of an alleged offence against paragraph (f) or (g) of
section 49(1) it must be presumed that the concentration of alcohol indicated
by an analysis to be present in the breath of the person charged or found by
an analyst to be present in the sample of blood taken from the person charged
(as the case requires) was not due solely to the consumption of alcohol after
driving or being in charge of a motor vehicle unless the contrary is proved by
the person charged on the balance of probabilities by sworn evidence given by
him or her which is corroborated by the material evidence of another person.

(1B) For the purposes of an alleged offence against paragraph (h) or (i) of
section 49(1) it must be presumed that a drug found by an analyst to be
present in the sample of blood or oral fluid provided by, or taken from, the
person charged was not due solely to the consumption or use of that drug after
driving or being in charge of a motor vehicle unless the contrary is proved by
the person charged on the balance of probabilities by sworn evidence given by
him or her which is corroborated by the material evidence of another person.





(2) If a person who is convicted, or found guilty, of an offence against-

   (a)  any one of the paragraphs of section 49(1); or

   (b)  section 56(2) as in force from time to time after the commencement of
        section 11 of the Road Safety (Drivers) Act 1991; or

   (c)  section 56(7) as in force immediately prior to the commencement of
        section 11 of the Road Safety (Drivers) Act 1991-

(the new offence) has at any time been convicted, or found guilty, of-

   (d)  an offence, other than an accompanying driver offence against the same
        or any other of those paragraphs or that section; or

   (e)  an offence against any previous enactment corresponding to any of
        those paragraphs or that section or any corresponding law; or

   (f)  an offence under section 318(1) of the Crimes Act 1958 where the
        culpable driving is constituted by behaviour referred to in paragraph
        (c) or (d) of section 318(2) of the Act-

(an old offence), the new offence is to be taken to be a subsequent offence
for the purposes of this Act and, if relevant for those purposes, also to be a
second offence if the person has only ever been convicted, or found guilty, of
one old offence.

(3) An approval or authority given under or for the purposes of section 55 or
55A(3) by the Chief Commissioner of Police may be revoked at any time in the
manner in which it was given and on revocation ceases to have any effect.



(4) For the avoidance of doubt it is declared that nothing in this Part
requires a person who is in a dwelling to allow a member of the police force
or an officer of the Corporation to enter that dwelling without a warrant.