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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Drug Driving)
Bill 2011
A BILL FOR
An Act to amend the Harbors
and Navigation Act 1993; the Motor
Vehicles Act 1959; the Road
Traffic Act 1961; and the Summary
Offences Act 1953.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment provisions
Part 2—Amendment of Harbors and
Navigation Act 1993
4Amendment of section 70—Alcohol and other
drugs
5Amendment of section 72—Authorised person
may require drug screening test, oral fluid analysis and blood
test
Part 3—Amendment of Motor Vehicles
Act 1959
6Amendment of
section 81AB—Probationary licences
7Repeal of section 81D
8Amendment of
section 139BD—Service and commencement of notices of
disqualification
Part 4—Amendment of Road Traffic
Act 1961
9Amendment of section 47BA—Driving with
prescribed drug in oral fluid or blood
10Amendment of section 47EAA—Police
may require drug screening test, oral fluid analysis and blood test
11Amendment of
section 47IAA—Power of police to impose immediate licence disqualification
or suspension
12Amendment of section 47IAB—Application
to Court to have disqualification or suspension lifted
Part 5—Amendment of Summary Offences
Act 1953
13Amendment of section 68—Power to search
suspected vehicles, vessels, and persons
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Drug Driving)
Act 2011.
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 Harbors and Navigation
Act 1993
4—Amendment
of section 70—Alcohol and other drugs
Section 70(3), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not
more than $1 600;
(b) for a second offence—a fine of not less than $1 600 and not
more than $2 400;
(c) for a third or subsequent offence—a fine of not less than
$1 900 and not more than $2 900.
5—Amendment
of section 72—Authorised person may require drug screening test, oral
fluid analysis and blood test
Section 72(10), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not
more than $1 600;
(b) for a subsequent offence—a fine of not less than $1 900 and
not more than $2 900.
Part 3—Amendment
of Motor Vehicles
Act 1959
6—Amendment
of section 81AB—Probationary licences
Section 81AB(7), definition of prescribed circumstances,
(a)—delete ", 81C or 81D" and substitute:
or 81C
Section 81D—delete the section
8—Amendment
of section 139BD—Service and commencement of notices of
disqualification
Section 139BD(11), definition of notice of
disqualification—delete ", 81D(2)"
Part 4—Amendment
of Road Traffic
Act 1961
9—Amendment
of section 47BA—Driving with prescribed drug in oral fluid or
blood
(1) Section 47BA(1), penalty provision—delete the penalty
provision and substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not
more than $1 600;
(b) for a second offence—a fine of not less than $1 600 and not
more than $2 400;
(c) for a third or subsequent offence—a fine of not less than
$1 900 and not more than $2 900.
(2) Section 47BA(4)(a)—delete paragraph (a) and
substitute:
(a) the court must order that the person be disqualified from holding or
obtaining a driver's licence—
(i) in the case of a first offence—for such period, being not less
than 12 months, as the court thinks fit;
(ii) in the case of a subsequent offence—for such period, being not
less than 2 years, as the court thinks fit;
(ab) the disqualification prescribed by paragraph (a) cannot be
reduced or mitigated in any way or be substituted by any other penalty or
sentence unless, in the case of a first offence, the court is satisfied, by
evidence given on oath, that the offence is trifling, in which case it may order
a period of disqualification that is less than the prescribed minimum period but
not less than 1 month;
(3) Section 47BA(5)—delete "(other than
subsection (6))"
(4) Section 47BA(6) and (7)—delete subsections (6)
and (7)
10—Amendment
of section 47EAA—Police may require drug screening test, oral fluid
analysis and blood test
(1) Section 47EAA(9), penalty provision—delete the penalty
provision and substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not
more than $1 600;
(b) for a subsequent offence—a fine of not less than $1 900 and
not more than $2 900.
(2) Section 47EAA(16)(a)(i)—delete "6 months" and
substitute:
12 months
11—Amendment
of section 47IAA—Power of police to impose immediate licence
disqualification or suspension
(1) Section 47IAA(1)—after paragraph (b) insert:
(ba) an offence against section 47BA(1);
(2) Section 47IAA(1)—after paragraph (c) insert:
(ca) an offence against section 47EAA(9);
12—Amendment
of section 47IAB—Application to Court to have disqualification or
suspension lifted
Section 47IAB(2)(b)(i)—after "first offence" insert:
, or an offence against section 47BA(1) that is a first
offence,
Part 5—Amendment
of Summary Offences
Act 1953
13—Amendment
of section 68—Power to search suspected vehicles, vessels, and
persons
Section 68—after subsection (1) insert:
(1a) A police
officer may stop, search and detain a motor vehicle if the officer has
reasonable cause to suspect that a prescribed offence has been committed in
relation to the motor vehicle.
(1b)
Subsection (1a)
applies despite clause 8 of Schedule 1 of the Road
Traffic Act 1961.
(1c) A prescribed offence is committed in relation to a
motor vehicle for the purposes of
subsection (1a)
if a person (being the driver of the motor vehicle or a person who has attempted
to put the motor vehicle in motion) commits an offence against
section 47BA(1) or 47EAA(9) of the Road
Traffic Act 1961.