South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Drug Testing of Learner Drivers)
Amendment Bill 2007
A BILL FOR
An Act to amend the Motor Vehicles Act 1959.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Motor Vehicles
Act 1959
4 Amendment of section
5—Interpretation
5 Amendment of section 72A—Qualified supervising
drivers
6 Amendment of section 75A—Learner's permit
7 Amendment of
section 79A—Driving experience
8 Amendment of section
81A—Provisional licences
9 Amendment of section 81AB—Probationary
licences
10 Insertion of section 135AA
135AA Offences
relating to drug testing certificates
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Drug Testing of Learner
Drivers) Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
4—Amendment of
section 5—Interpretation
(1) Section 5(1)—after the definition of District
Court insert:
drug testing certificate means a certificate signed by a
legally qualified medical practitioner certifying—
(a) that, on a date specified in the certificate, a person named in the
certificate submitted to a test, conducted in a manner prescribed by regulation,
to determine whether a prescribed drug was present in the person's blood or oral
fluid; and
(b) the results of that test;
(2) Section 5(1)—after the definition of operator
insert:
oral fluid has the same meaning as in the Road Traffic
Act 1961;
(3) Section 5(1)—after the definition of prescribed
conditions insert:
prescribed drug has the same meaning as in the Road
Traffic Act 1961;
5—Amendment of
section 72A—Qualified supervising drivers
Section 72A(4), definitions of oral fluid and
prescribed drug—delete the definitions of oral
fluid and prescribed drug
6—Amendment of
section 75A—Learner's permit
(1) Section 75A(1)(b)—delete paragraph (b) and substitute:
(b) forwards with the application—
(i) the prescribed fee; and
(ii) a drug testing certificate certifying that the
person—
(A) submitted to a test on a date not more than 1 month before the
date of the application; and
(B) recorded a negative test result in that test; and
(2) Section 75A(3a), definitions of oral fluid and
prescribed drug—delete the definitions of oral
fluid and prescribed drug
7—Amendment of
section 79A—Driving experience
Section 79A(1)(a)—after subparagraph (ii) insert:
(iia) produces to the Registrar drug testing certificates which, taken
together, certify that the applicant has—
(A) submitted to tests, at intervals of not more than 5 weeks, during
the period of 6 months immediately preceding the date of the application;
and
(B) recorded a negative test result in each such test; and
8—Amendment of
section 81A—Provisional licences
Section 81A(a1), definitions of oral fluid and
prescribed drug—delete the definitions of oral
fluid and prescribed drug
9—Amendment of
section 81AB—Probationary licences
Section 81AB(7), definitions of oral fluid and
prescribed drug—delete the definitions of oral
fluid and prescribed drug
After section 135 insert:
135AA—Offences relating to drug testing
certificates
(1) A legally qualified medical practitioner who makes a false or
misleading statement in a drug testing certificate given or made under or for
the purposes of this Act, is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who, not being a legally qualified medical practitioner,
signs any document purporting to be a drug testing certificate given or made
under or for the purposes of this Act in which the person describes himself or
herself as, or pretends to be, such a medical practitioner or otherwise purports
to act in the capacity of such a medical practitioner is guilty of an
offence.
Maximum penalty: $2 500 or imprisonment for 6 months.