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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment (Drug Impaired
Driving) Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. The Act amended in this Part 3
4. Section 63 amended 3
5. Section 63A inserted 3
63A. Driving while impaired by drugs 3
6. Section 65 amended 6
7. Section 66A inserted 7
66A. Requirement to undergo driver
assessment 7
8. Section 67AA inserted 12
67AA. Failure to comply with requirement to
undergo driver assessment, allow taking
of blood sample for analysis or provide
urine sample for analysis 12
9. Section 67A amended 14
10. Section 69 amended 14
11. Section 69A amended 15
12. Section 70 amended 15
13. Section 71A inserted 18
71A. Power to prevent use of vehicle by
suspected offender 18
14. Section 72 amended 21
15. Section 75 amended 21
101--1 page i
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Contents
16. Section 76 amended 21
17. Section 106 amended 22
Part 3 -- Young Offenders Act 1994
amended
18. Schedule 1 amended 24
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic Amendment (Drug Impaired
Driving) Bill 2005
A Bill for
An Act to amend the --
x Road Traffic Act 1974; and
x Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Road Traffic Amendment (Drug Impaired Driving)
Act 2005.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 3
Part 2 -- Road Traffic Act 1974 amended
3. The Act amended in this Part
The amendments in this Part are to the Road Traffic Act 1974*.
[* Reprint 8 as at 16 July 2004.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 395-6
and Gazette 27 May 2005 p. 2306-8.]
4. Section 63 amended
(1) Section 63(3) is amended by deleting "section 67 of this Act"
10 and inserting instead --
" section 63A or 67AA or section 67 ".
(2) Section 63(6) is amended by inserting before "64" --
" 63A, ".
5. Section 63A inserted
15 After section 63 the following section is inserted --
"
63A. Driving while impaired by drugs
(1) A person who drives or attempts to drive a motor
vehicle while impaired by drugs commits an offence,
20 and the offender may be arrested without warrant.
(2) A person convicted of an offence against this section is
liable --
(a) for a first offence, to a fine of not less than
16 PU or more than 50 PU; and, in any event,
25 the court convicting the person shall order that
the person be disqualified from holding or
obtaining a driver's licence for a period of not
less than 6 months;
page 3
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 5
(b) for a second offence, to a fine of not less than
30 PU or more than 70 PU or to imprisonment
for 9 months; and, in any event, the court
convicting the person shall order that the person
5 be disqualified from holding or obtaining a
driver's licence for a period of not less than
2 years; and
(c) for a third or subsequent offence, to a fine of
not less than 40 PU or more than 100 PU or to
10 imprisonment for 18 months; and, in any event,
the court convicting the person shall order that
the person be permanently disqualified from
holding or obtaining a driver's licence.
(3) For the purposes of subsection (2), where a person is
15 convicted of an offence against this section any offence
previously committed by the person against section 63
or 67AA or section 67 as in force after the coming into
operation of section 16 of the Road Traffic Amendment
Act (No. 2) 1982 shall be taken into account and be
20 deemed to have been an offence against this section
(but not to the exclusion of any other previous offence
against this section) in determining whether that first
mentioned offence is a first, second, third or
subsequent offence.
25 (4) Section 63(4) extends to the charging of a person with
an offence against this section unless a sample of the
person's blood was taken pursuant to section 66 or 66A
before the charge was laid.
(5) The accused may be convicted of an offence against
30 this section if the prosecutor proves that --
(a) the accused drove or attempted to drive a motor
vehicle;
(b) one or more drugs were present in the
accused's body at the time of that driving or
35 attempted driving;
page 4
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 5
(c) the conduct, condition or appearance of the
accused at or after the time of that driving or
attempted driving, or during a driver
assessment, was consistent with conduct, a
5 condition or an appearance associated with a
person who has consumed or used that drug or
those drugs; and
(d) the conduct or condition associated with a
person who has consumed or used that drug or
10 those drugs would be inconsistent with the
person being capable of having proper control
of a motor vehicle.
(6) A person charged with an offence against this section
may, instead of being convicted of that offence, be
15 convicted of an offence against section 63.
(7) If in any proceeding for an offence against this section
it is proved that a certain drug was present in the
accused's body at any time within 4 hours after the
time of the driving or attempted driving of a motor
20 vehicle that gave rise to the alleged offence, the
presence of that drug in the accused's body at the time
of that driving or attempted driving is taken to be
proved in the absence of proof to the contrary.
(8) In any proceeding for an offence against this section it
25 is a defence for the accused to prove in respect of the
drug, or each drug, referred to in subsection (5) --
(a) that the drug was --
(i) taken pursuant to a prescription of a
medical practitioner, nurse practitioner
30 registered under the Nurses Act 1992, or
registered dentist; or
(ii) administered by a medical practitioner,
nurse practitioner registered under the
Nurses Act 1992, or registered dentist,
35 for therapeutic purposes;
page 5
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 6
(b) that where the drug was received or obtained by
the accused in a packaged form, the packaging
of the drug did not include a label advising that
the drug was likely to result in conduct or a
5 condition that would be inconsistent with the
person being capable of having proper control
of a motor vehicle; and
(c) that the accused was not aware, and could not
reasonably have been expected to be aware,
10 that the drug was likely to result in conduct or a
condition that would be inconsistent with the
person being capable of having proper control
of a motor vehicle.
(9) Subsection (8) has effect despite subsection (5).
15 ".
6. Section 65 amended
Section 65 is amended as follows:
(a) by deleting the definition of "analyst" and inserting
instead --
20 "
"analyst" means a person certified by the Director of
the Chemistry Centre (WA) as being competent --
(a) to determine the percentage of alcohol in
bodily substances;
25 (b) to ascertain whether and to what extent drugs
are present in bodily substances; or
(c) to do both of those things;
";
(b) by inserting in the appropriate alphabetical positions --
30 "
"conduct" includes behaviour and demeanour;
page 6
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 7
"driver assessment" means an assessment of drug
impairment required by a member of the Police
Force under section 66A(1) or (2);
"drug" means any substance, material, preparation,
5 mixture, article or other thing (other than alcohol),
whether in gaseous, liquid, solid or other form --
(a) to which the Misuse of Drugs Act 1981
applies;
(b) that is included in Schedule 4 to the Poisons
10 Act 1964; or
(c) that, when consumed or used by a person,
deprives the person (temporarily or
permanently) of any of the person's normal
mental or physical faculties;
15 ";
(c) by deleting the definition of "drugs analyst".
7. Section 66A inserted
After section 66 the following section is inserted --
"
20 66A. Requirement to undergo driver assessment
(1) A member of the Police Force may require --
(a) the driver or person in charge of a motor
vehicle; or
(b) any person the member of the Police Force has
25 reasonable grounds to believe was the driver or
person in charge of a motor vehicle,
to undergo an assessment of drug impairment if a
member of the Police Force has reasonable grounds to
believe that the person is, or was while driving or
30 attempting to drive the motor vehicle, impaired by
something, other than alcohol alone, affecting the
person's capacity to drive a motor vehicle.
page 7
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 7
(2) Where a member of the Police Force --
(a) has reasonable grounds to believe that the
presence of a motor vehicle has occasioned, or
its use has been an immediate or proximate
5 cause of, personal injury or damage to property;
and
(b) does not know, or has doubt as to, who was the
driver or person in charge of the motor vehicle
at the time of that presence or use,
10 but has reasonable grounds to believe --
(c) that the person may have been the driver or
person in charge of the motor vehicle at that
time; and
(d) that the person was at that time impaired by
15 something, other than alcohol alone, affecting
the person's capacity to drive a motor vehicle,
a member of the Police Force may require the person to
undergo an assessment of drug impairment.
(3) For the purposes of subsection (1) or (2) a member of
20 the Police Force may require a person who is required
to undergo a driver assessment to wait at the place at
which the requirement was made.
(4) A driver assessment shall be carried out by a member
of the Police Force in accordance with regulations
25 prescribing the procedure for assessing drug
impairment.
(5) A person who is required to undergo a driver
assessment shall comply with that requirement by
undergoing the assessment in accordance with the
30 directions of a member of the Police Force.
page 8
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 7
(6) A person shall not be required to undergo a driver
assessment if it appears to a member of the Police
Force that --
(a) the driver assessment could not be carried out
5 within 4 hours after the time at which driving,
attempted driving, use or management of a
motor vehicle in circumstances giving rise to
the requirement is believed to have taken place;
or
10 (b) because of the person's physical condition the
person is incapable of undergoing the driver
assessment.
(7) Where --
(a) a person having undergone a driver assessment,
15 it appears to a member of the Police Force that
the assessment indicates that the person is drug
impaired;
(b) a person refuses or fails to undergo a driver
assessment having being required to do so; or
20 (c) a member of the Police Force might require a
person to undergo a driver assessment but is
precluded from doing so by subsection (6)(b),
a member of the Police Force may require the
person --
25 (d) to allow a medical practitioner or registered
nurse nominated by the person to take a sample
of the person's blood for analysis; or
(e) to provide a medical practitioner or registered
nurse nominated by the person with a sample of
30 the person's urine for analysis,
or to do both of those things, and for the purposes of
this subsection may require the person to accompany a
page 9
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 7
member of the Police Force to a place, and may require
the person to wait at that place.
(8) Where a person is incapable of complying with a
requirement under subsection (7)(d), a member of the
5 Police Force may cause a medical practitioner or
registered nurse to take a sample of the person's blood
for analysis.
(9) Where a person is apparently unconscious or seriously
injured a member of the Police Force shall facilitate the
10 provision of medical assistance for the person.
(10) A person shall not be required --
(a) to allow a medical practitioner or registered
nurse to take a sample of the person's blood; or
(b) to provide a medical practitioner or registered
15 nurse with a sample of the person's urine,
under subsection (7), and a medical practitioner or
registered nurse shall not be caused to take a sample of
a person's blood under subsection (8), if it appears to
the member of the Police Force that the sample cannot
20 be taken or provided, as the case may be, within
4 hours after the time at which driving, attempted
driving, use or management of a vehicle in
circumstances giving rise to the requirement is believed
to have taken place.
25 (11) Where under subsection (7) --
(a) a member of the Police Force requires a
person --
(i) to allow a medical practitioner or
registered nurse nominated by the
30 person to take a sample of the person's
blood for analysis; or
(ii) to provide a medical practitioner or
registered nurse nominated by the
page 10
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 7
person with a sample of the person's
urine for analysis,
or to do both of those things, and the person
fails to nominate a medical practitioner or
5 registered nurse; or
(b) a person nominates a medical practitioner or
registered nurse to take a sample of the
person's blood or to collect a sample of the
person's urine, or for both of those purposes,
10 but a member of the Police Force has
reasonable grounds to believe that the medical
practitioner or registered nurse so nominated --
(i) is not available within a distance of
40 kilometres;
15 (ii) is not available within the time
prescribed by subsection (10);
(iii) refuses to take the blood sample or
collect the urine sample or to do either
of those things; or
20 (iv) cannot readily be located,
the member of the Police Force may require the
person --
(c) to allow a medical practitioner or registered
nurse nominated by the member of the Police
25 Force to take a sample of the person's blood for
analysis; or
(d) to provide a medical practitioner or registered
nurse nominated by the member of the Police
Force with a sample of the person's urine for
30 analysis,
or to do both of those things, and for the purposes of
this subsection may require the person to accompany a
member of the Police Force to a place, and may require
the person to wait at that place.
page 11
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 8
(12) Where under this section a member of the Police
Force --
(a) requires a person to allow a medical
practitioner or registered nurse nominated by
5 the member of the Police Force to take a
sample of the person's blood for analysis; or
(b) causes a medical practitioner or registered
nurse to take a sample of a person's blood for
analysis,
10 this section authorises the medical practitioner or
registered nurse to take that sample.
(13) No action lies against a person who is a medical
practitioner or registered nurse by reason only of the
person taking a sample of another person's blood for
15 analysis under this section.
".
8. Section 67AA inserted
Before section 67A the following section is inserted --
"
20 67AA. Failure to comply with requirement to undergo
driver assessment, allow taking of blood sample for
analysis or provide urine sample for analysis
(1) In this section --
"requirement" means a requirement of a member of
25 the Police Force made under section 66A.
(2) A person who fails to comply with a requirement --
(a) to undergo a driver assessment;
(b) to allow a medical practitioner or registered
nurse to take a sample of the person's blood for
30 analysis; or
page 12
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 8
(c) to provide a medical practitioner or registered
nurse with a sample of the person's urine for
analysis,
commits an offence.
5 (3) A person convicted of an offence against this section is
liable --
(a) for a first offence, to a fine of not less than
16 PU or more than 50 PU; and, in any event,
the court convicting the person shall order that
10 the person be disqualified from holding or
obtaining a driver's licence for a period of not
less than 6 months;
(b) for a second offence, to a fine of not less than
30 PU or more than 70 PU or to imprisonment
15 for 9 months; and, in any event, the court
convicting the person shall order that the person
be disqualified from holding or obtaining a
driver's licence for a period of not less than
2 years;
20 (c) for any subsequent offence, to a fine of not less
than 40 PU or more than 100 PU or to
imprisonment for 18 months; and, in any event,
the court convicting the person shall order that
the person be permanently disqualified from
25 holding or obtaining a driver's licence.
(4) For the purposes of subsection (3), where a person is
convicted of an offence against this section any offence
previously committed by the person against section 63
or 63A or section 67 as in force after the coming into
30 operation of section 16 of the Road Traffic Amendment
Act (No. 2) 1982 shall be taken into account and be
deemed to have been an offence against this section
(but not to the exclusion of any other previous offence
against this section) in determining whether that first
page 13
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 9
mentioned offence is a first, second, third or
subsequent offence.
(5) It shall be a defence to a prosecution for an offence
against this section if the accused satisfies the court
5 that there was some substantial reason for the
accused's failure to comply other than a desire to avoid
providing information that might be used as evidence.
(6) Without limiting the generality of subsection (5) it
shall be a defence to a prosecution for failing to
10 comply with a requirement mentioned in
subsection (2)(c) if the accused satisfies the court that
the accused attempted to comply with the requirement.
".
9. Section 67A amended
15 (1) Section 67A(1) is amended by deleting ", other than a
requirement mentioned in section 66(1aa) or 67(2)" and
inserting instead --
"
or 66A, other than a requirement mentioned in
20 section 66(1aa), 67(2) or 67AA(2)
".
(2) Section 67A(4) is amended as follows:
(a) by inserting before "64" --
" 63A, ";
25 (b) by deleting "or 67" and inserting instead --
" , 67 or 67AA ".
10. Section 69 amended
Section 69(1) is amended by inserting after "66" --
" or 66A ".
page 14
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 11
11. Section 69A amended
Section 69A is amended by inserting after "66" --
" or 66A ".
12. Section 70 amended
5 (1) Section 70(3a) is amended as follows:
(a) by inserting after "influence of " --
" or impaired by ";
(b) by inserting after "given of " --
" one or more of the following ";
10 (c) after paragraph (b) by deleting "and";
(d) in paragraph (c) by deleting "a drugs" and inserting
instead --
" an ";
(e) after paragraph (c) by deleting the full stop and
15 inserting --
"
;
(d) the conduct, condition or appearance of the
person at or after the time of the driving or
20 attempted driving of a motor vehicle that gave
rise to the alleged offence or during a driver
assessment;
(e) conduct, a condition or an appearance
associated with a person who has consumed or
25 used a particular drug or particular drugs;
(f) the usual effect that conduct or a condition
associated with a person who has consumed or
used a particular drug or particular drugs has on
a person's capacity to have proper control of a
30 motor vehicle.
".
page 15
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 12
(2) Section 70(3b) is amended as follows:
(a) in paragraph (a) by deleting "a drugs" and inserting
instead --
" an ";
5 (b) after paragraph (d) by deleting "or";
(c) after paragraph (e) by deleting the comma and
inserting --
"
;
10 (f) purporting to be signed by an analyst, certifying
either or both of the following, namely, that an
identified sample of blood taken from a named
person was analysed for drugs, and the analysis
result obtained from the analysis;
15 (g) purporting to be signed by an analyst, certifying
either or both of the following, namely, that an
identified sample of urine provided by a named
person was analysed for drugs, and the analysis
result obtained from the analysis;
20 (h) purporting to be signed by an approved expert
describing conduct, a condition or an
appearance associated with a person who has
consumed or used a drug or drugs specified in
the certificate;
25 (i) purporting to be signed by an approved expert
setting out the usual effect that conduct or a
condition associated with a person who has
consumed or used a particular drug or particular
drugs has on a person's capacity to have proper
30 control of a motor vehicle;
(j) purporting to be signed by a member of the
Police Force describing the conduct, condition
or appearance of a person at or after the time
page 16
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 12
the person drove or attempted to drive a motor
vehicle; or
(k) purporting to be signed by a member of the
Police Force --
5 (i) certifying that the member carried out a
driver assessment on a person named in
the certificate on a date and at a time
stated in the certificate;
(ii) certifying that the assessment was
10 carried out in accordance with the
regulations; and
(iii) describing the conduct, condition or
appearance of the person during the
assessment,
15 ";
(d) by deleting "or registered nurse." and inserting
instead --
"
, registered nurse, analyst, approved expert or member
20 of the Police Force.
".
(3) After section 70(4) the following subsections are inserted --
"
(5) Except at the instance, or with the consent, of the
25 accused in any proceeding such as is mentioned in
subsection (3a), a certificate mentioned in
subsection (3b)(f), (g), (h) or (i) shall not be adduced,
and if adduced shall not be admitted, in that proceeding
unless a copy of the certificate is proved to have been
30 served on the accused at least 28 days before the day
on which the certificate is adduced.
page 17
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 13
(5a) If subsection (5) has been complied with in relation to
a certificate, the accused shall not challenge or call into
question any matter certified or set out in the certificate
unless --
5 (a) notice of the accused's intention to do so is
proved to have been served on the prosecutor at
least 14 days before the day on which the
certificate is adduced; or
(b) the court, in the interests of justice, gives the
10 accused leave to do so.
(5b) A notice under subsection (5a)(a) must specify the
matter that is to be challenged or called into question.
".
(4) Section 70(6) is amended by deleting "67." and inserting
15 instead --
" 63A, 67 or 67AA. ".
(5) Section 70(7) is amended by inserting in the appropriate
alphabetical position --
"
20 "approved expert" means a qualified clinical
pharmacologist approved by the Minister for the
purpose of this section by notice published in the
Gazette;
".
25 13. Section 71A inserted
After section 71 the following section is inserted --
"
71A. Power to prevent use of vehicle by suspected
offender
30 (1) If a member of the Police Force has reason to suspect
that a person (the "offender") is driving, is attempting
page 18
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 13
to drive, has driven or has attempted to drive a motor
vehicle in contravention of section 63, 63A, 64, 64AA
or 64A, the member of the Police Force may require
the offender to immediately hand over all keys to any
5 motor vehicle that are there and then in the offender's
possession --
(a) to the member of the Police Force; or
(b) to another person in the company of the
offender whom the member of the Police Force
10 is satisfied --
(i) holds a driver's licence authorising the
person to drive the vehicle on a road;
and
(ii) is responsible and is able to drive the
15 vehicle properly.
(2) A member of the Police Force may make a requirement
under subsection (1) if satisfied that the requirement is
necessary in the circumstances and is in the interest of
the offender, or of any other person or of the public,
20 and may do so whether or not the offender has been or
is to be charged with an offence.
(3) If keys to a motor vehicle are handed over under
subsection (1)(a), a member of the Police Force may
take any steps that, in the opinion of the member of the
25 Police Force, are appropriate and practicable in order to
ensure that the vehicle is not causing any obstruction to
traffic and is secure.
(4) Those steps may include moving the vehicle to a more
suitable place.
30 (5) If a person requests a member of the Police Force to
hand over to the person keys to a motor vehicle that
have been handed over under subsection (1)(a), the
page 19
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 13
member of the Police Force is to comply with the
request if satisfied that the person --
(a) is entitled to lawful possession of the vehicle or
is in the company of a person who is entitled to
5 lawful possession of the vehicle;
(b) holds a driver's licence authorising the person
to drive the vehicle on a road; and
(c) is responsible and able to drive the vehicle
properly.
10 (6) Before keys to a motor vehicle are handed over to a
person under subsection (1)(b) or (5) a member of the
Police Force may, for the purposes of
subsection (1)(b)(ii) or (5)(c), require the person to
provide a sample of the person's breath for a
15 preliminary test in accordance with the directions of
the member of the Police Force.
(7) If keys to a motor vehicle are not handed over within
24 hours after a request is made under subsection (5),
the offender may apply to the Magistrates Court, in
20 accordance with its rules of court, for an order for the
keys to be handed over to a person named in the
application.
(8) A person who --
(a) contravenes any requirement made by a
25 member of the Police Force under
subsection (1); or
(b) attempts in any manner to obstruct a member of
the Police Force in the exercise of any power
conferred on the member of the Police Force
30 under subsection (1), (3) or (4),
commits an offence.
Penalty: 8 PU.
".
page 20
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 14
14. Section 72 amended
After section 72(1)(ba) the following paragraph is inserted --
"
(bb) prescribing the procedure for assessing whether
5 a person is drug impaired;
".
15. Section 75 amended
Section 75(6) is amended as follows:
(a) in paragraph (a) by inserting after "63" --
10 " , 63A ";
(b) in paragraph (b) by inserting after "1982" --
" or section 67AA of this Act ".
16. Section 76 amended
(1) Section 76(1a) is amended as follows:
15 (a) in paragraph (a) by deleting "or section 67(3)(b) or (c);"
and inserting instead --
"
, 63A(2)(b) or (c), 67(3)(b) or (c) or
67AA(3)(b) or (c);
20 ";
(b) in paragraph (b) by deleting "or section 67(3)(a)" and
inserting instead --
" , 63A(2)(a), 67(3)(a) or 67AA(3)(a) ".
(2) Section 76(12)(a) is amended by deleting "or 67(3)(a);" and
25 inserting instead --
" , 63A(2)(a), 67(3)(a) or 67AA(3)(a); ".
page 21
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 2 Road Traffic Act 1974 amended
s. 17
17. Section 106 amended
(1) Section 106(3)(c) and (4) are amended by deleting "least the"
and inserting instead --
" least a ".
5 (2) After section 106(5) the following subsections are inserted --
"
(6) A court sentencing a person who has been convicted of
an offence against section 63A must order a
pre-sentence report about the offender under Part 3
10 Division 3 of the Sentencing Act 1995.
(7) A court sentencing a person who has been convicted of
a first offence against section 63A or 67AA must,
instead of or in addition to imposing a fine --
(a) order the release of the person and impose a
15 community based order under Part 9 of the
Sentencing Act 1995 with at least a programme
requirement as a primary requirement of the
order; or
(b) if the offender is a young person under the
20 Young Offenders Act 1994, subject to
sections 50, 50A and 50B of that Act, make a
youth community based order under that Act
imposing at least attendance conditions on the
offender.
25 (8) A court sentencing a person who has been convicted of
a second or subsequent offence against section 63A or
67AA must, instead of or in addition to imposing a
fine --
(a) order the release of the person and impose a
30 community based order under the Sentencing
Act 1995 with at least a supervision
requirement and a programme requirement as
primary requirements of the order;
page 22
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Road Traffic Act 1974 amended Part 2
s. 17
(b) order the release of the person and impose an
intensive supervision order under the
Sentencing Act 1995 with at least a programme
requirement as a primary requirement of the
5 order; or
(c) if the offender is a young person under the
Young Offenders Act 1994, subject to
sections 50, 50A and 50B of that Act, make a
youth community based order, or an intensive
10 youth supervision order, under that Act
imposing at least attendance conditions and
supervision conditions on the offender.
(9) Subsections (7) and (8) apply despite section 39(3) and
(4) of the Sentencing Act 1995 and section 74 of the
15 Young Offenders Act 1994.
(10) Subsection (8) does not apply if the court imposes a
custodial sentence on the offender.
".
page 23
Road Traffic Amendment (Drug Impaired Driving) Bill 2005
Part 3 Young Offenders Act 1994 amended
s. 18
Part 3 -- Young Offenders Act 1994 amended
18. Schedule 1 amended
(1) The amendments in this section are to the Young Offenders
Act 1994*.
5 [* Reprint 3 as at 15 July 2005.]
(2) Schedule 1 is amended in the division headed "3. Road Traffic
Act 1974 " as follows:
(a) by inserting after the item relating to section 63 --
"
s. 63A Driving while impaired by drugs
10 ";
(b) by deleting the item relating to section 67 and inserting
instead --
"
s. 67 Failing to provide a breath
sample, allow taking of a blood
sample or provide a urine sample
s. 67AA Failing to undergo a driver
assessment, allow taking of a
blood sample or provide a urine
sample
".
15
page 24
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