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ROAD SAFETY ACT 1986 - SECT 85B Immediate licence or permit suspension where certain certificates of breath or blood alcohol concentration issued

ROAD SAFETY ACT 1986 - SECT 85B

Immediate licence or permit suspension where certain certificates of breath or blood alcohol concentration issued

    (1)     Any police officer, by written notice, may suspend the driver licence or learner permit of a person who has been issued with a relevant breath or blood alcohol concentration certificate, in relation to an offence under section 49(1)(b), (bc), (f), (g) or (j), at any time within a period of 12 months after the issue of the certificate.

    (2)     In this section—

"relevant breath or blood alcohol concentration certificate" means a certificate—

        (a)     issued to a person under section 55(4) or 57; and

        (b)     that states that the concentration of alcohol present in the breath or blood of the person as indicated by the analysis of the person's breath or blood sample is—

              (i)     0·10 grams or more per 210 litres of exhaled air or 100 millilitres of blood (as the case requires), if the person holds a full driver licence; or

              (ii)     0 07 grams or more per 210 litres of exhaled air or 100 millilitres of blood (as the case requires), if the person holds a learner permit or probationary driver licence; or

              (iii)     the prescribed concentration of alcohol or more than the prescribed concentration of alcohol, if the person has, within 10 years before the commission of the alleged offence, been found guilty or convicted of an offence (other than a supervising driver offence) referred to in section 48(2)(a), (b), (c), (e) or (f).

S. 85C inserted by No. 6/2020 s. 7.