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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL 2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970
AMENDED
4. Principal Act
5. Section 2 amended (Interpretation)
6. Section 3 substituted
2A. Meaning of relevant time
2B. Person liable to submit to analysis, examination, &c.,
to comply with police requirements
3. Approved analysts and approved operators
3A. Delegation
7. Section 4 amended (Driving while under the influence of
alcohol, drugs, &c., prohibited)
8. Section 5 amended (Powers of arrest, &c.)
9. Section 5A inserted
5A. Powers in relation to vehicles
10. Section 6 amended (Driving with excessive concentration of
breath or blood alcohol)
[Bill 29]-VI
11. Section 6A amended (Driving with prescribed illicit drug in
blood)
12. Section 7AA inserted
7AA. Application of Part
13. Section 7A amended (Power of police officer to require driver of
motor vehicle to undergo breath test)
14. Section 7B amended (Power of police officer to require driver of
motor vehicle to undergo oral fluid test)
15. Section 7C amended (Liability to provide blood sample
following oral fluid test)
16. Section 7D amended (Trace particle detection tests)
17. Section 8 amended (Liability for breath test as a result of
conduct)
18. Section 8A amended (Liability for oral fluid test or oral fluid
analysis as result of conduct)
19. Section 9 amended (Liability for medical examination where
condition may not be due to alcohol)
20. Section 10 amended (Enforcement of obligation to provide blood
sample or submit to breath analysis or medical examination)
21. Section 10A amended (Blood samples to be provided in certain
cases)
22. Section 10B inserted
10B. Subsequent testing and samples in certain cases
23. Section 11 amended (Rights and obligations on completion of
breath analysis or oral fluid analysis)
24. Section 12 amended (Examination, &c., of persons incapable of
consenting)
25. Section 13 amended (Duties of medical practitioners and nurses
in relation to taking of blood samples, &c.)
26. Section 13A amended (Retention of blood sample during
detention in custody)
27. Section 13B amended (Analysis of blood samples by approved
analyst)
28. Section 13C inserted
13C. Analysis of oral fluid samples by approved analyst
29. Section 14 amended (Offences under Division 2)
2
30. Section 15 amended (Identification of offenders)
31. Section 17 amended (Penalties for drink-driving offences, &c.)
32. Sections 18 and 18A substituted
18A. Traffic infringement notice may be issued in certain
circumstances
33. Section 18B amended (Immediate disqualification in certain
circumstances)
34. Section 18C amended (Commencement of period of
disqualification)
35. Section 18D amended (Cancellation of road safety
disqualification notice)
36. Section 19 amended (Special hardship orders)
37. Section 19A amended (Driving while disqualified under this
Act)
38. Section 20 amended (Concurrent offences not treated separately)
39. Section 21 amended (Avoidance of certain provisions in
contracts of insurance)
40. Section 21A inserted
21A. Prohibited analysis of blood or oral fluid
41. Section 22 amended (Application of Division 1)
42. Section 23 amended (Statutory presumptions with respect to
breath analyses and blood tests, &c.)
43. Section 23A amended (Statutory presumptions with respect to
prescribed illicit drugs)
44. Section 24 amended (Restrictions on admission of evidence of
breath analysis)
45. Section 25 amended (Evidence as to carrying out of breath
analysis)
46. Section 25A amended (Evidence of matters related to refusal to
submit to breath analysis)
47. Section 26 amended (Certificates and records of approved
analyst and approved operators)
48. Section 27 amended (Certificate in relation to taking of blood
samples)
49. Section 28 amended (Certificates of analysis of blood samples)
3
50. Section 28A inserted
28A. Certificates of analysis of oral fluid samples
51. Section 29 amended (Limitation on tendering of certificates,
&c., in evidence)
52. Section 30 amended (Evidence as to analyses, &c., inadmissible
in certain proceedings)
53. Section 30A inserted
30A. Costs of tests, analyses or examinations
54. Section 31 amended (Regulations)
55. Sections 32, 33 and 34 inserted
32. Protection from liability
33. Destruction of samples
34. Savings and transitionals
PART 3 - MARINE SAFETY (MISUSE OF ALCOHOL) ACT 2006
AMENDED
56. Principal Act
57. Section 3 amended (Interpretation)
58. Section 8 amended (Approved analysts and approved operators)
59. Section 61 amended (Regulations)
60. Schedule 1 amended (Evidentiary Certificates and Records)
PART 4 - POLICE OFFENCES ACT 1935 AMENDED
61. Principal Act
62. Section 37K amended (Interpretation of Division)
PART 5 - RAIL SAFETY NATIONAL LAW (TASMANIA) ACT 2012
AMENDED
63. Principal Act
64. Section 10 amended (Testing for drugs and alcohol)
PART 6 - VEHICLE AND TRAFFIC ACT 1999 AMENDED
65. Principal Act
66. Section 3 amended (Interpretation)
67. Section 18 amended (Restricted driver licences)
68. Part 3, Division 3B: Heading amended
4
69. Section 19C amended (Automatic suspension of licence for road
safety disqualification notice)
5
6
ROAD SAFETY (ALCOHOL AND DRUGS)
AMENDMENT BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
10 August 2017
(Brought in by the Minister for Police and Emergency
Management, the Honourable Marinus Theodoor Hidding)
A BILL FOR
An Act to amend the Road Safety (Alcohol and Drugs) Act
1970, the Marine and Safety Authority Act 1997, the Police
Offences Act 1935, the Rail Safety National Law (Tasmania)
Act 2012 and the Vehicle and Traffic Act 1999
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Road Safety
(Alcohol and Drugs) Amendment Act 2017.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 29] 7
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 3 Part 1 - Preliminary
3. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day after the day on which all of the
provisions of this Act commence.
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Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 4
PART 2 - ROAD SAFETY (ALCOHOL AND DRUGS)
ACT 1970 AMENDED
4. Principal Act
In this Part, the Road Safety (Alcohol and Drugs)
Act 1970* is referred to as the Principal Act.
5. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by omitting the definition of approved
analyst from subsection (1) and
substituting the following definition:
approved analyst means a person
appointed as an approved analyst
under section 3;
(b) by omitting "section 3(6)" from the
definition of approved operator in
subsection (1) and substituting
"section 3(5)";
(c) by omitting "the Governor" from the
definition of breath analysing instrument
in subsection (1) and substituting "the
Minister";
*No. 77 of 1970
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Act No. of
s. 5 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(d) by omitting "the Governor" from the
definition of breath test in subsection (1)
and substituting "the Minister";
(e) by inserting the following definition after
the definition of breath test in subsection
(1):
crash has the same meaning as in the
Road Rules;
(f) by omitting the definition of excessive
drink-driving notice from subsection (1);
(g) by inserting the following definition after
the definition of GVM in subsection (1):
oral fluid analysis means -
(a) a procedure carried out,
by means of a device of a
type approved for the
purposes of such an
analysis by the Minister
by notice in the Gazette;
or
(b) such other procedure as is
prescribed -
for the purpose of ascertaining,
by analysis of a person's oral
fluid, whether a prescribed illicit
drug is present in that fluid;
10
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Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 5
(h) by omitting "blood" from the definition
of oral fluid test in subsection (1) and
substituting "oral fluid";
(i) by omitting the definition of supervising
analyst from subsection (1) and
substituting the following definitions:
qualified person includes -
(a) a medical practitioner and
a qualified nurse; and
(b) a person who holds a
qualification, or has the
experience, prescribed for
the purposes of this
definition; and
(c) any other person, or class
of persons, as is
prescribed;
relevant time - see section 2A;
road safety disqualification notice
means a notice given in respect of
an offence committed in the
circumstances set out in
section 18B(1);
supervision, of an action, includes the
direct or indirect supervision of
that action and does not require
the person who is supervising the
action to be at the location while
the action is being performed;
11
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Act No. of
s. 5 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(j) by omitting from subsection (2A)(c)
"tonnes." and substituting "tonnes; or";
(k) by inserting the following paragraph after
paragraph (c) in subsection (2A):
(d) a vehicle that is being used to
transport dangerous goods within
the meaning of the Dangerous
Goods (Road and Rail Transport)
Act 2010.
(l) by omitting subsections (3), (3A), (4), (5)
and (6) and substituting the following
subsections:
(3) A reference in this Act to the
liability of a person to submit to a
breath analysis, oral fluid
analysis, medical examination or
the taking of a sample of blood is
a reference to such a liability
arising, or a requirement made, in
respect of the person under
section 7A, 7B, 8, 8A or 9.
(4) For the purposes of this Act, a
reference to the driving of a
vehicle or a motor vehicle
includes any of the following acts
or omissions:
(a) having charge of the
vehicle or motor vehicle;
(b) being in control of the
vehicle or motor vehicle;
12
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Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 5
(c) having control of the
steering, braking or other
system on the vehicle, or
motor vehicle, including
while it is being towed;
(d) attempting to drive the
vehicle or motor vehicle;
(e) an act or omission -
(i) done, or made,
with the intention
to drive; and
(ii) that forms part of
a series of events
that, if it were not
interrupted, would
constitute the
actual act of
driving.
(5) For the purposes of
subsection (4), a person may be
taken to be driving a vehicle or
motor vehicle even if -
(a) the vehicle or motor
vehicle is stationary at the
time the relevant act or
omission under
subsection (4) occurred;
or
(b) the person leaves, or is
removed from, the vehicle
13
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 5 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
or motor vehicle after the
relevant act or omission
under subsection (4)
occurred.
(6) For the purposes of
subsection (4), if the holder of a
learner licence is driving a
vehicle, or motor vehicle, within
the meaning of that subsection,
each of the following persons is
taken to be driving the vehicle or
motor vehicle at the time:
(a) the holder of the learner
driver licence;
(b) the holder of an
Australian driver licence
who is or was -
(i) seated in or on the
vehicle or motor
vehicle; and
(ii) instructing the
holder of the
learner driver
licence to drive
the vehicle or
motor vehicle;
(c) if the holder of the learner
driver licence is
undertaking a test or
assessment for the
purposes of the Vehicle
14
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Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 5
and Traffic Act 1999, the
person who is or was -
(i) seated in or on the
vehicle or motor
vehicle; and
(ii) testing or
assessing the
holder of the
learner driver
licence for the
purposes of that
Act.
(7) It is a defence to an offence under
this Act if the holder of an
Australian driver licence referred
to in subsection (6)(b) proves
that, while in the vehicle or motor
vehicle with the learner driver -
(a) he or she did not consent
to being in the vehicle or
motor vehicle while the
holder of the learner
driver licence was driving
the vehicle or motor
vehicle; or
(b) he or she did not know,
and could not have
reasonably been expected
to have known, that the
person driving the vehicle
or motor vehicle did not
15
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 6 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
hold a full licence, or
provisional licence, for
the vehicle or motor
vehicle.
6. Section 3 substituted
Section 3 of the Principal Act is repealed and the
following sections are substituted:
2A. Meaning of relevant time
(1) For the purposes of this Act, a reference
to a relevant time in relation to a person
who becomes liable to submit to a test,
analysis or medical examination is a
reference to the time of the last act of
driving by the person before the person
became so liable.
(2) For the purposes of subsection (1), if the
last act of driving cannot be ascertained
with reasonable accuracy, the time of the
last act of driving by a person is taken to
be -
(a) if the person becomes liable to
submit to the test or analysis
under section 8(1) or 8A(1), the
time when the person is first
found by a police officer after
becoming so liable; or
(b) if the person becomes liable to
submit to the test, analysis or
16
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 6
medical examination as a result
of a crash -
(i) the time at which the
person is found by a
police officer after the
crash -
(A) at, or near, the
place of the crash;
or
(B) at, or being
conveyed to, a
place for the
purpose of
receiving medical
treatment; or
(ii) if the person is found by a
police officer after the
crash in any other place,
the time of the crash.
2B. Person liable to submit to analysis,
examination, &c., to comply with police
requirements
(1) For the purposes of this Act, if a person
becomes liable, or elects, to submit to a
breath analysis, oral fluid analysis,
medical examination or provide a blood
sample under this Act, he or she must
comply with any reasonable requirement
made of him or her by a police officer
until -
17
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 6 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(a) the analysis or medical
examination is performed in
accordance with this Act; or
(b) a sample of blood is taken in
accordance with this Act.
(2) For the purposes of subsection (1), a
requirement under that subsection may
include, but is not limited to, either or
both of the following requirements:
(a) the person is to remain in a
specific location until directed
otherwise;
(b) the person is to remain under
supervision as directed.
(3) A person who fails to comply with a
requirement under subsection (1) is
guilty of an offence.
3. Approved analysts and approved operators
(1) The Minister may, with the approval of
the Head of a State Service Agency,
appoint a State Service officer or State
Service employee employed in that
Agency to be an approved analyst for the
purposes of this Act, and such officer or
employee may hold office as an
approved analyst in conjunction with
State Service employment.
(2) The Minister may appoint a person to be
an approved analyst for the purposes of
18
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Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 6
this Act and such person may hold office
as an approved analyst in conjunction
with any other employment.
(3) The Minister is not to appoint a person as
an approved analyst under subsection (1)
or (2) unless the Minister is satisfied that
the person to be appointed holds the
prescribed qualifications, and prescribed
experience, for an approved analyst.
(4) An approved analyst has such functions
and powers as may be prescribed.
(5) For the purposes of this Act, an approved
operator is a person of a prescribed class
who is authorised by the Commissioner
of Police, as prescribed, to administer a
test or analysis under this Act.
3A. Delegation
(1) A police officer may delegate any of his
or her functions or powers under this
Act, other than his or her functions as an
approved operator, to any other police
officer.
(2) An approved analyst may delegate any of
his or her functions or powers under this
Act to -
(a) any other approved analyst; or
(b) a person who is qualified to
perform the function or exercise
the power and is doing so under
19
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 7 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
the supervision of an approved
analyst.
(3) A police officer, or approved analyst,
may delegate a function or power under
this section in relation to a matter
regardless of whether he or she has
performed a previous function, or
exercised a previous power, in respect of
the same matter.
7. Section 4 amended (Driving while under the
influence of alcohol, drugs, &c., prohibited)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting "vehicle" first occurring and
substituting "vehicle, whether or not the
vehicle is on a public street,";
(b) by omitting "things" and substituting
"substances".
8. Section 5 amended (Powers of arrest, &c.)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"section 4" and substituting "section 4,
14(1B) or 19A(1)";
(b) by inserting the following subsection
after subsection (1AA):
20
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 9
(1AB) A police officer may use
reasonable force when arresting a
person in accordance with this
section.
9. Section 5A inserted
After section 5 of the Principal Act, the
following section is inserted in Division 1:
5A. Powers in relation to vehicles
(1) If a police officer has reasonable grounds
to suspect that a person is driving, is
attempting to drive, has driven or has
attempted to drive a vehicle in
contravention of this Act, the police
officer may require the person to
immediately hand over all keys to any
vehicle that are in the possession of the
person at the time -
(a) to the police officer or another
police officer; or
(b) to another person, if the police
officer is satisfied that the other
person -
(i) is authorised to drive the
vehicle on a public street;
and
(ii) at the time of receiving
the keys, is able to
21
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 9 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
lawfully drive the vehicle
on a public street.
(2) A police officer may make a requirement
under subsection (1) in respect of a
person if satisfied that the requirement is
in the interests of public safety and may
do so whether or not the person has been,
or is to be, charged with an offence under
this Act or any other Act.
(3) If a person hands over keys to a vehicle
to a police officer under
subsection (1)(a), the police officer may
take any steps that he or she considers
appropriate and practicable, in order to
ensure that the vehicle is not causing an
obstruction and is secure, including -
(a) moving the vehicle to a more
suitable or secure place; and
(b) authorising another person to
move the vehicle, including
towing the vehicle, to a more
suitable or secure place.
(4) A police officer may retain keys to a
vehicle handed over to the police officer
under subsection (1)(a) for as long as is
reasonable in the circumstances.
(5) A person who fails to comply with a
requirement made of the person under
subsection (1) is guilty of an offence.
22
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 10
10. Section 6 amended (Driving with excessive
concentration of breath or blood alcohol)
Section 6 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ab) in subsection (3):
(ac) who is driving under the authority
of an Australian driver licence
that requires the holder of the
licence to have no alcohol present
in his or her body while driving a
motor vehicle; or
(b) by inserting the following paragraph after
paragraph (c) in subsection (3):
(ca) who, after the commencement of
the Road Safety (Alcohol and
Drugs) Amendment Act 2017, has
been convicted of -
(i) the offence of reckless
driving or negligent
driving; or
(ii) an offence under section
32 of the Traffic Act
1925 -
if, as a result of the conduct
giving rise to the offence, the
person was also convicted of an
offence under section 4 of this
Act or this section; or
23
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 11 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(c) by inserting in subsection (3A) "within
the preceding 6-month period" after
"requirement".
11. Section 6A amended (Driving with prescribed illicit
drug in blood)
Section 6A(1) of the Principal Act is amended
by inserting "or oral fluid" after "blood".
12. Section 7AA inserted
Before section 7A of the Principal Act, the
following section is inserted in Division 2:
7AA. Application of Part
If -
(a) a police officer reasonably
believes that a person is liable to
submit to a test, analysis or
medical examination under this
Act; and
(b) the person flees from the police
officer, or another person, while
the police officer or other person
is attempting to administer the
test or analysis, or to arrange for
the medical examination to be
performed; and
(c) the police officer, or another
police officer, immediately
pursues the person and the pursuit
24
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 13
continues without interruption;
and
(d) during the pursuit the person
enters a private residence or
another place that is not a public
place -
the pursuing police officer may, without
warrant and using no more force than is
reasonably necessary for the purpose,
enter the private residence or other place
notwithstanding that it is not a public
place.
13. Section 7A amended (Power of police officer to
require driver of motor vehicle to undergo breath
test)
Section 7A of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "not,
that person becomes liable to submit to a
breath analysis." and substituting "not -";
(b) by inserting the following paragraphs
after subsection (4):
(a) the police officer may require the
person to undergo another breath
test; and
(b) whether or not a further breath
test is required under
paragraph (a), the person
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Act No. of
s. 14 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
becomes liable to submit to a
breath analysis.
(c) by omitting subsection (5).
14. Section 7B amended (Power of police officer to
require driver of motor vehicle to undergo oral
fluid test)
Section 7B of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "blood"
and substituting "oral fluid";
(b) by omitting subsection (5) and
substituting the following subsection:
(5) Where, after requiring a person to
undergo an oral fluid test in
accordance with this section, a
police officer reasonably believes
that an illicit drug has been
consumed by, or administered to,
the person, whether as a result of
such a test or not -
(a) the police officer may
require the person to
undergo another oral fluid
test; and
(b) whether or not a further
oral fluid test is required
under paragraph (a), the
person becomes liable to
26
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Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 15
submit to an oral fluid
analysis.
15. Section 7C amended (Liability to provide blood
sample following oral fluid test)
Section 7C of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) If a police officer requires a
person to undergo an oral fluid
test in accordance with
section 7B or 8A and -
(a) the police officer
reasonably believes that
an illicit drug has been
consumed by, or
administered to, the
person, whether as a
result of such a test or not;
or
(b) the person refuses to
undergo the oral fluid
test -
the police officer may require that
person to submit to the taking, by
a qualified person, of a sample of
blood for analysis.
27
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Act No. of
s. 16 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(b) by omitting from subsection (2) "3
hours" and substituting "5 hours".
16. Section 7D amended (Trace particle detection tests)
Section 7D(2) of the Principal Act is amended
by inserting "or oral fluid" after "blood".
17. Section 8 amended (Liability for breath test as a
result of conduct)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "that,
immediately preceding that time," and
substituting "that";
(b) by omitting from subsection (1) "on a
public street";
(c) by inserting in subsection (2) "this Act,"
after "or an offence under";
(d) by omitting from subsection (2A) "an
accident" and substituting "a crash";
(e) by omitting from subsection (2A)
"accident" second occurring and
substituting "crash";
(f) by omitting from subsection (3) "an
accident" and substituting "a crash";
28
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Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 18
(g) by omitting from subsection (3)
"accident" second occurring and
substituting "crash";
(h) by omitting from subsection (5) "an
accident" and substituting "a crash".
18. Section 8A amended (Liability for oral fluid test or
oral fluid analysis as result of conduct)
Section 8A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "blood"
and substituting "oral fluid";
(b) by omitting from subsection (1) "that,
immediately preceding that time," and
substituting "that";
(c) by omitting from subsection (1) "on a
public street";
(d) by inserting in subsection (1) "or oral
fluid analysis" after "test";
(e) by inserting in subsection (2) "or oral
fluid analysis" after "test";
(f) by omitting from subsection (3) "an
accident" and substituting "a crash";
(g) by omitting from subsection (3)
"accident" second occurring and
substituting "crash";
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Act No. of
s. 18 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(h) by inserting in subsection (3) "or oral
fluid analysis" after "test";
(i) by omitting from subsection (4) "blood"
and substituting "oral fluid";
(j) by omitting from subsection (5) "an
accident" and substituting "a crash";
(k) by inserting the following subsection
after subsection (5):
(5A) Where a person has become
liable to undergo an oral fluid
analysis by virtue of this section,
a police officer may first require
that person to undergo an oral
fluid test at or near the place
where the requirement was made.
(l) by omitting from subsection (6) "or (3),"
and substituting "(3) or (5A)";
(m) by inserting the following subsection
after subsection (6):
(7) Where under subsection (5A) a
police officer requires a person to
undergo an oral fluid test, that
person must comply with that
requirement in the presence of
that officer or another police
officer and in accordance with
such directions as may be given
by that officer or that other
officer.
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Act No. of
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19. Section 9 amended (Liability for medical
examination where condition may not be due to
alcohol)
Section 9 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
(3A) A police officer may request that,
as part of a medical examination
referred to in this section, the
medical practitioner by whom it
is being carried out enable a
qualified person to take a sample
of blood for analysis under this
Act from the person being
examined.
(b) by omitting from subsection (4) "or
urine";
(c) by omitting from subsection (4)
"person," and substituting "person, or a
request has been made under
subsection (3A) in respect of the
person,";
(d) by omitting from subsection (4) "blood
or to furnish a sample of his urine, as the
case may be." and substituting "blood.".
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s. 20 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
20. Section 10 amended (Enforcement of obligation to
provide blood sample or submit to breath analysis
or medical examination)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "breath
analysis" and substituting "breath
analysis, oral fluid analysis";
(b) by omitting from subsection (3) "blood"
and substituting "blood for analysis, or
the taking of a sample of oral fluid for
oral fluid analysis,";
(c) by omitting from subsection (3) "3
hours" and substituting "5 hours";
(d) by omitting from subsection (4)
"analysis" first occurring and substituting
"analysis, or the taking of a sample of
oral fluid for oral fluid analysis,";
(e) by omitting from subsection (4A) "3
hours" and substituting "5 hours";
(f) by inserting the following subsection
after subsection (4A):
(4AB) Where a person who has been
informed in accordance with
subsection (4A) declines to
submit to the taking of a sample
of blood -
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Road Safety (Alcohol and Drugs) Amendment Act 2017
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(a) the approved operator
concerned is to inform the
person of the
consequences of declining
to submit to the taking of
the sample; and
(b) if the person does not
elect to submit to the
taking of the sample as
soon as practicable after
being informed of the
consequences of declining
to submit -
(i) the person is taken
to have declined to
submit to the
taking of the
sample; and
(ii) the deemed
decision to decline
to submit to the
taking of the
sample is final.
(g) by omitting from subsection (4B)
"blood," and substituting "blood under
subsection (4A) or (4AB),";
(h) by omitting from subsection (4B) "a
medical practitioner or qualified nurse"
and substituting "a qualified person";
33
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 21 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(i) by inserting in subsection (7) "or oral
fluid analysis" after "him to submit to a
breath analysis";
(j) by omitting from subsection (7) "3
hours" and substituting "5 hours";
(k) by inserting in subsection (7) "or oral
fluid analysis" after "section to submit to
a breath analysis";
(l) by omitting from subsection (8) "an
accident" and substituting "a crash";
(m) by omitting from subsection (8)
"accident" second occurring and
substituting "crash".
21. Section 10A amended (Blood samples to be
provided in certain cases)
Section 10A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "an
accident" and substituting "a crash";
(b) by omitting from subsection (1A) "an
accident" and substituting "a crash";
(c) by omitting from subsection (1A)
"accident" second occurring and
substituting "crash";
(d) by inserting the following subsection
after subsection (1A):
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Road Safety (Alcohol and Drugs) Amendment Act 2017
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Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 22
(1B) Where a person is arrested by a
police officer for an offence
under section 4, the police officer
may require the person to submit
to the taking of a sample of blood
for analysis.
(e) by omitting from subsection (2) "section
10(4B)" and substituting "section 10".
22. Section 10B inserted
After section 10A of the Principal Act, the
following section is inserted in Division 2:
10B. Subsequent testing and samples in certain
cases
(1) A police officer may require a person,
who is liable under this Part to submit to
a breath test, oral fluid test, breath
analysis or oral fluid analysis, to submit
to a further test or analysis if -
(a) the previous breath test, oral fluid
test, breath analysis or oral fluid
analysis of the person was unable
to be completed due to an error
by, or a malfunction of, an
instrument, or thing, used as part
of the test or analysis; and
(b) it is still within the relevant time
in respect of the act of the person,
or the act of driving by the
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s. 23 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
person, that resulted in that
liability of the person.
(2) Nothing in subsection (1) alters the
relevant time in respect of an act of the
person or an act of driving by the person.
(3) For the purposes of subsection (1), a
police officer may direct the person to
another location for the purpose of a
subsequent test or analysis.
23. Section 11 amended (Rights and obligations on
completion of breath analysis or oral fluid analysis)
Section 11 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) As soon as practicable after a
person has provided a sample of
oral fluid for oral fluid analysis,
the approved operator who took
the sample is to read over to the
person, and hand the person, a
written statement in such
prescribed form as is appropriate
to the case.
(b) by omitting from subsection (3)
"subsection (1)" and substituting
"subsection (1) or (1A)";
36
Road Safety (Alcohol and Drugs) Amendment Act 2017
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(c) by omitting from subsection (3) "a
medical practitioner or by a qualified
nurse within 3 hours" and substituting "a
qualified person within 5 hours";
(d) by inserting in subsection (4) "under
section 30A" after "liable";
(e) by omitting from subsection (4) "or
carrying out".
24. Section 12 amended (Examination, &c., of persons
incapable of consenting)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "or
urine";
(b) by omitting from subsection (4) "3
hours" twice occurring and substituting
"5 hours".
25. Section 13 amended (Duties of medical practitioners
and nurses in relation to taking of blood samples,
&c.)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
medical practitioner or a qualified nurse"
and substituting "a qualified person";
37
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s. 25 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(b) by omitting from subsection (1) "or
urine";
(c) by omitting from subsection (1A) "or
urine";
(d) by omitting from subsection (2)(a) "in
his body" and substituting "or other drug
in his blood";
(e) by omitting subsection (3) and
substituting the following subsection:
(3) If a qualified person takes a
sample of a person's blood for
analysis for the purposes of this
Act, it is the duty of the qualified
person to ensure that the
following provisions of this
section are complied with in
respect of the taking of the
sample so far as they are
applicable.
(f) by omitting from subsection (4A) "a
medical practitioner or a qualified nurse"
and substituting "a qualified person";
(g) by omitting subsections (5) and (5A) and
substituting the following subsection:
(5) The sample of blood is to be
divided into 3 parts, each part
being -
(a) enclosed in a container of
a type approved by the
38
Road Safety (Alcohol and Drugs) Amendment Act 2017
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Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 26
Minister by notice in the
Gazette; and
(b) labelled in such manner as
may be prescribed.
(h) by omitting from subsection (5B) "or
urine shall" and substituting "is to";
(i) by omitting from subsection (5B) "taken,
unless he is in custody, and, if he is in
custody, shall forthwith be delivered to a
police officer" and substituting "taken or,
if he or she is in custody, to a police
officer who was present while it was
taken";
(j) by omitting from subsection (5C) "or
urine shall" and substituting "is to";
(k) by omitting from subsection (6) "or
urine".
26. Section 13A amended (Retention of blood sample
during detention in custody)
Section 13A of the Principal Act is amended as
follows:
(a) by omitting subsection (4);
(b) by inserting the following subsection
after subsection (5):
(6) Where a request in respect of a
sample has not been made under
subsection (3) within 60 days
39
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s. 27 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
after the person from whom the
sample was taken was released
from custody, the sample is to be
destroyed.
27. Section 13B amended (Analysis of blood samples by
approved analyst)
Section 13B of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
urine";
(b) by omitting subsection (2) and
substituting the following subsections:
(2) Where a part of the sample of the
blood taken from a person has
been analysed under subsection
(1), an approved analyst must
ensure a copy of the report of the
analysis, within 21 days after the
completion of the report -
(a) if the analysis was made
on request by, or on
behalf of, that person and
an Australian legal
practitioner as referred to
in subsection (1), is given
to the person specified by
the Australian legal
practitioner in the request;
and
40
Road Safety (Alcohol and Drugs) Amendment Act 2017
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(b) if such a request was not
made, is provided to a
police officer.
(2A) If a police officer is provided
with a copy of a report under
subsection (2)(b), the police
officer is to ensure that a copy of
the report is given to the person
from whom the sample of the
blood was taken.
(c) by omitting subsection (4).
28. Section 13C inserted
After section 13B of the Principal Act, the
following section is inserted in Division 2:
13C. Analysis of oral fluid samples by approved
analyst
(1) If a sample of a person's oral fluid is
taken for analysis for the purposes of this
Act -
(a) the sample is to be taken in
accordance with the prescribed
requirements and delivered to an
approved analyst; and
(b) an approved analyst may analyse
the sample.
(2) If a sample of oral fluid taken from a
person has been analysed under
subsection (1)(b), an approved analyst
41
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 29 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
must ensure that a copy of the report of
the analysis is provided to a police
officer within 21 days after the
completion of the report.
(3) A police officer provided with a copy of
a report under subsection (2) is to ensure
that a copy of the report is given to the
person who provided the sample of oral
fluid.
(4) The report referred to in subsection (2)
made in respect of a sample of oral fluid
is to state whether or not an illicit drug
was present in the part of the sample
analysed.
29. Section 14 amended (Offences under Division 2)
Section 14 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"section 7A(1), 7C or 8(6)" and
substituting "section 7A(1), 7C, 8(6) or
8A";
(b) by omitting subsections (1B) and (1C)
and substituting the following
subsection:
(1B) Any person who is liable to
submit to a breath test, oral fluid
test, breath analysis, oral fluid
analysis or medical examination,
or to provide a blood sample,
42
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 29
under this Act and who, having
been taken into custody -
(a) escapes or attempts to
escape from that custody;
or
(b) obstructs or hinders his or
her conveyance to a place
where the test, analysis or
examination is to take
place -
is guilty of an offence.
(c) by omitting from subsection (2AA)(b) "3
hours" and substituting "5 hours";
(d) by omitting from subsection (2AA)(b) "3
hour" and substituting "5-hour";
(e) by omitting from subsection (2A)(b) "3
hours" and substituting "5 hours";
(f) by omitting from subsection (3)(a) "his
blood or to provide a sample of his
urine;" and substituting "blood;";
(g) by inserting the following paragraph after
paragraph (a) in subsection (3):
(ab) having been directed under
section 10(4) to submit to an oral
fluid analysis, fails or refuses,
without reasonable excuse, to
submit to that analysis; or
43
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 29 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(h) by omitting from subsection (5) "or
urine";
(i) by omitting from subsection (6) "breath
or blood" and substituting "breath, oral
fluid or blood";
(j) by omitting from subsection (7)
"analysis" first occurring and substituting
"analysis, oral fluid analysis";
(k) by omitting from subsection (7)
"analysis" third occurring and
substituting "analysis, oral fluid
analysis";
(l) by omitting from subsection (7) "blood
or urine," and substituting "blood,";
(m) by omitting from subsection (7) "breath
or blood" and substituting "breath, oral
fluid or blood";
(n) by inserting the following subsection
after subsection (7):
(8) A person is guilty of an offence,
if the person -
(a) becomes liable to submit
to a breath test, oral fluid
test, breath analysis, oral
fluid analysis or to the
taking of a sample of
blood for analysis under
this Act; or
44
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 30
(b) is the driver of a vehicle
that has been involved in
a crash -
and the person consumes an
intoxicating liquor or drug, or
administers a drug to himself or
herself or has a drug administered
to himself or herself, before all
relevant tests, analyses and
examinations have been
performed under this Act in
respect of the person's liability
under this Act, or the crash.
(9) Subsection (8) does not apply in
respect of a drug that was
obtained and administered in
accordance with the Poisons Act
1971 or was otherwise lawfully
obtained and administered.
30. Section 15 amended (Identification of offenders)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "name"
and substituting "name, date of birth";
(b) by omitting from subsection (3)(a)
"name" and substituting "name, date of
birth";
45
Road Safety (Alcohol and Drugs) Amendment Act 2017
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s. 31 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(c) by omitting from subsection (3)(b)
"name" and substituting "name, date of
birth".
31. Section 17 amended (Penalties for drink-driving
offences, &c.)
Section 17 of the Principal Act is amended by
inserting after subsection (3A) the following
subsection:
(3B) Section 17(3) of the Vehicle and Traffic
Act 1999 does not apply to a suspension
or cancellation of an Australian driver
licence in accordance with
subsection (3A).
32. Sections 18 and 18A substituted
Sections 18 and 18A of the Principal Act are
repealed and the following section is substituted:
18A. Traffic infringement notice may be issued in
certain circumstances
(1) In this section -
infringement offence means an
offence against this Act, or the
regulations under this Act, that is
prescribed by the regulations to
be an infringement offence.
(2) A police officer may issue and serve an
infringement notice on a person if he or
46
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 32
she reasonably believes that the person
has committed an infringement offence.
(3) An infringement notice under this
section -
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is a traffic infringement notice,
within the meaning of the Traffic
Act 1925, for the purposes of this
or any other Act.
(4) The regulations may prescribe -
(a) the penalties payable under
infringement notices; and
(b) circumstances in which an
infringement notice may not be
issued in respect of an
infringement offence; and
(c) circumstances where a person
may be disqualified from driving,
and his or her Australian driver
licence may be suspended or
cancelled, if the person is taken to
have been convicted of an
infringement offence in
accordance with section 20 of the
Monetary Penalties Enforcement
Act 2005.
47
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 33 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
33. Section 18B amended (Immediate disqualification
in certain circumstances)
Section 18B of the Principal Act is amended as
follows:
(a) by inserting the following paragraph
before paragraph (a) in subsection (1):
(aa) committed an offence under
section 4; or
(b) by omitting from subsection (1)(c) "has";
(c) by omitting from subsection (1)(c)
"breath analysis" and substituting "breath
analysis, oral fluid analysis";
(d) by omitting from subsection (1) "an
excessive drink-driving notice" and
substituting "a road safety
disqualification notice";
(e) by omitting subsections (3) and (4) and
substituting the following subsections:
(3) If a road safety disqualification
notice is given to a person -
(a) if he or she holds a
restricted driver licence,
that restricted driver
licence is suspended; or
(b) in any other case, he or
she is disqualified from
driving.
48
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 33
(4) A road safety disqualification
notice must specify -
(a) if the accused holds a
restricted driver licence,
the fact that his or her
licence is suspended due
to the road safety
disqualification notice; or
(b) in any other case, the fact
that the accused is
disqualified from driving
and the period of that
disqualification in
accordance with
subsection (5).
(f) by omitting from subsection (5) "an
excessive drink-driving notice" and
substituting "a road safety
disqualification notice";
(g) by inserting the following subsection
after subsection (6):
(7) If a person is given a road safety
disqualification notice and he or
she holds a restricted driver
licence -
(a) the licence is suspended
under subsection (3)(a) as
soon as the person is
given the road safety
disqualification notice;
and
49
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 34 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(b) the provisions of the
Vehicle and Traffic Act
1999, other than section
17(3) of that Act, apply in
respect of the suspension.
34. Section 18C amended (Commencement of period of
disqualification)
Section 18C(a) of the Principal Act is amended
by omitting "excessive drink-driving notice" and
substituting "road safety disqualification notice".
35. Section 18D amended (Cancellation of road safety
disqualification notice)
Section 18D of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "an
excessive drink-driving notice" and
substituting "a road safety
disqualification notice";
(b) by omitting from subsection (3) "an
excessive drink-driving notice" and
substituting "a road safety
disqualification notice".
36. Section 19 amended (Special hardship orders)
Section 19 of the Principal Act is amended as
follows:
50
Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 37
(a) by inserting in subsection (1A)(ea)
"within the preceding 6-month period"
after "requirement";
(b) by omitting from subsection (2) "this Act
or section 41 or section 41B of the
Traffic Act 1925 (as that Act had effect
before the commencement of this Act)"
and substituting "this Act, section 41 of
the Traffic Act 1925 or section 53 of the
Vehicle and Traffic Act 1999".
37. Section 19A amended (Driving while disqualified
under this Act)
Section 19A of the Principal Act is amended by
omitting subsections (2), (3) and (4) and
substituting the following subsection:
(2) A person who drives a motor vehicle
while his or her licence is suspended
under section 18B(3)(a) is guilty of an
offence.
Penalty: In the case of -
(a) a first offence - a fine not
exceeding 40 penalty
units or imprisonment for
a term not exceeding 6
months (or both) and a
further period of
disqualification (not
exceeding 3 years) fixed
by the court; and
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Road Safety (Alcohol and Drugs) Amendment Act 2017
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s. 38 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(b) a second or subsequent
offence - a fine not
exceeding 80 penalty
units or imprisonment for
a term not exceeding 12
months (or both) and a
further period of
disqualification (not
exceeding 5 years) fixed
by the court.
38. Section 20 amended (Concurrent offences not
treated separately)
Section 20 of the Principal Act is amended by
omitting "under section 41 or section 41B of the
Traffic Act 1925 (as that Act had effect before
the commencement of this Act)," and
substituting "under section 41 of the Traffic Act
1925 or section 53 of the Vehicle and Traffic Act
1999,".
39. Section 21 amended (Avoidance of certain
provisions in contracts of insurance)
Section 21(b) of the Principal Act is amended by
omitting "breath, blood, or urine-" and
substituting "breath or blood -".
40. Section 21A inserted
After section 21 of the Principal Act, the
following section is inserted in Division 3:
52
Road Safety (Alcohol and Drugs) Amendment Act 2017
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Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 40
21A. Prohibited analysis of blood or oral fluid
(1) A sample of blood or oral fluid taken
according to the provisions of this Act -
(a) may only be used in relation to
offences committed against this
Act; and
(b) may not be used for the purposes
of identification by DNA
analysis.
(2) A person is guilty of an offence if he or
she intentionally or recklessly -
(a) supplies a sample of blood taken
in accordance with this Act, or
causes or permits a sample to be
supplied, to a person for
prohibited analysis; or
(b) carries out, or causes or permits
to be carried out, a prohibited
analysis of a sample of blood
taken in accordance with this Act;
or
(c) includes, or causes or permits the
inclusion of, information derived
from a prohibited analysis on a
DNA database.
(3) For the purposes of this section -
DNA database includes -
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Road Safety (Alcohol and Drugs) Amendment Act 2017
Act No. of
s. 41 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
(a) a DNA database system
within the meaning of the
Forensic Procedures Act
2000; and
(b) a database containing
DNA data that is kept
under a law of this, or any
other, jurisdiction; and
(c) such other database, or
class of databases, as is
prescribed;
prohibited analysis, in relation to a
sample of blood, means analysis
of the sample for a purpose other
than a purpose for which the
sample is permitted to be used
under this Act.
41. Section 22 amended (Application of Division 1)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"analysis" and substituting "analysis or
oral fluid analysis";
(b) by inserting in subsection (1)(d) "oral
fluid or" after "person's";
(c) by inserting the following subsection
after subsection (2):
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(3) Nothing in this Division prevents
one or more certificates under
this Division from being issued as
a single document.
42. Section 23 amended (Statutory presumptions with
respect to breath analyses and blood tests, &c.)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "taken,
unless it is shown on the balance of
probabilities that the concentration of
alcohol in his blood at the time was not
greater than the prescribed
concentration." and substituting "taken,
unless the contrary is proved.";
(b) by omitting from subsection (4) "4
hours" and substituting "6 hours";
(c) by omitting from subsection (5) "4
hours" and substituting "6 hours";
(d) by omitting from subsection (6) "4
hours" and substituting "6 hours";
(e) by inserting the following subsection
after subsection (7):
(7A) Where in any proceedings for an
offence under this Act, a person
has submitted to a breath analysis
but has declined or refused a
request under this Act to submit
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Act No. of
s. 43 Part 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
to a sample of blood being taken
in respect of the same offence,
the person may not rebut a
statutory presumption, within this
section, in respect of the breath
analysis.
43. Section 23A amended (Statutory presumptions with
respect to prescribed illicit drugs)
Section 23A of the Principal Act is amended by
omitting "blood of a person at any time within 4
hours after the relevant time, the drug is taken to
have been present in the person's blood at the
relevant time unless the contrary is proved." and
substituting "person's oral fluid or blood at any
time within 6 hours after the relevant time, it is
presumed, unless the contrary is proved, that he
or she had the illicit drug in his or her oral fluid
or blood at the relevant time.".
44. Section 24 amended (Restrictions on admission of
evidence of breath analysis)
Section 24(1)(b)(i) of the Principal Act is
amended as follows:
(a) by omitting "a medical practitioner or a
qualified nurse" and substituting "a
qualified person";
(b) by omitting "3 hours" and substituting "5
hours".
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45. Section 25 amended (Evidence as to carrying out of
breath analysis)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "is
prima facie" and substituting "is
admissible in those proceedings and is
prima facie";
(b) by omitting from subsection (2) "is
prima facie" and substituting "is
admissible in those proceedings and is
prima facie".
46. Section 25A amended (Evidence of matters related
to refusal to submit to breath analysis)
Section 25A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "is
prima facie" and substituting "is
admissible in those proceedings and is
prima facie";
(b) by omitting from subsection (2) "is
prima facie" and substituting "is
admissible in those proceedings and is
prima facie".
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47. Section 26 amended (Certificates and records of
approved analyst and approved operators)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "the
supervising analyst" and substituting "an
approved analyst";
(b) by omitting "is prima facie" and
substituting "is admissible in those
proceedings and is prima facie".
48. Section 27 amended (Certificate in relation to
taking of blood samples)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "or
urine";
(b) by omitting from subsection (1)(b) "a
medical practitioner or a qualified nurse"
and substituting "a qualified person";
(c) by omitting from subsection (1) "is
prima facie" and substituting "is
admissible in those proceedings and is
prima facie";
(d) by omitting from subsection (2)(a) "or
urine";
(e) by omitting from subsection (2) "is
prima facie" and substituting "is
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admissible in those proceedings and is
prima facie";
(f) by omitting from subsection (3)(a)
"analyst;" and substituting "analyst, or a
person authorised by an approved analyst
to receive the sample;";
(g) by omitting from subsection (3) "is
prima facie" and substituting "is
admissible in those proceedings and is
prima facie".
49. Section 28 amended (Certificates of analysis of
blood samples)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "or
urine";
(b) by omitting "is prima facie" and
substituting "is admissible in those
proceedings and is prima facie".
50. Section 28A inserted
After section 28 of the Principal Act, the
following section is inserted in Division 1:
28A. Certificates of analysis of oral fluid samples
In any proceedings to which this
Division applies, a certificate
containing -
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(a) particulars of the result of an
analysis of a sample of oral fluid
carried out by, or under the
supervision of, the person by
whom the certificate is purported
to be signed; and
(b) particulars with respect to the
container in which the sample
was received, and any label or
markings thereon -
and stating that at the time when the
analysis was carried out he or she was an
approved analyst, is admissible in those
proceedings and is prima facie evidence
of the particulars set forth in the
certificate.
51. Section 29 amended (Limitation on tendering of
certificates, &c., in evidence)
Section 29 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1AA) If a report has been provided
under section 13B(2)(a), 13B(2A)
or 13C(3) to a person, the
provision of that report under that
section is taken to be service for
the purposes of subsection (1).
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(b) by inserting the following subsection
after subsection (1A):
(1B) A certificate of service referred to
in subsection (1A) may relate to
more than one certificate or
document referred to in
subsection (1).
(c) by inserting the following subsection
after subsection (3):
(4) For the purposes of this section,
service has the same meaning as
in the Acts Interpretation Act
1931.
52. Section 30 amended (Evidence as to analyses, &c.,
inadmissible in certain proceedings)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "or
urine";
(b) by inserting in subsection (2A) "oral
fluid or" after "person's".
53. Section 30A inserted
Before section 31 of the Principal Act, the
following section is inserted in Part IV:
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30A. Costs of tests, analyses or examinations
Except as otherwise provided under this
Act, a court may, in the case of a
conviction for an offence under this
Act -
(a) assess the reasonable costs of -
(i) testing, analysing or
examining a sample of
breath, oral fluids or
blood used as part of
proceedings for the
offence; and
(ii) if applicable, the
attendance as part of those
proceedings of the person
who performed the test,
analysis or examination if
he or she is required to
attend to give evidence;
and
(b) award either or both of those
costs against the defendant.
54. Section 31 amended (Regulations)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "the
supervising analyst" and substituting "an
approved analyst";
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(b) by omitting from subsection (1)(c) "the
supervising analyst" and substituting "an
approved analyst";
(c) by omitting from subsection (1)(g)
"medical practitioners and qualified
nurses" and substituting "qualified
persons";
(d) by omitting paragraph (i) from
subsection (1);
(e) by omitting from subsection (4) "or
supervising analyst" and substituting "or
an approved analyst".
55. Sections 32, 33 and 34 inserted
After section 31 of the Principal Act, the
following sections are inserted in Part IV:
32. Protection from liability
(1) A police officer acting in good faith is
not liable for any of the following that
may result from the moving, or
impounding, of a vehicle in accordance
with this Act:
(a) damage to the vehicle;
(b) depreciation in the value of the
vehicle;
(c) loss of use of the vehicle;
(d) loss of the vehicle.
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(2) A police officer, or the Crown, is not
liable for any damage, loss or
depreciation in respect of a vehicle while
it is being driven, towed or transported
to, or impounded at, a holding yard as a
result of this Act.
33. Destruction of samples
(1) A sample of blood, or oral fluid, that has
been taken for the purposes of this Act is
to be destroyed 24 months after the
sample was taken unless otherwise
prescribed.
(2) For the avoidance of doubt, this section
applies to all samples whether taken
before or after the commencement of the
Road Safety (Alcohol and Drugs)
Amendment Act 2017.
34. Savings and transitionals
(1) In this section -
amending Act means the Road Safety
(Alcohol and Drugs) Amendment
Act 2017.
(2) For the purposes of this and any other
Act, if, before the day on which section 5
of the amending Act commences,
apparatus of a type was approved by the
Governor as a breath analysing
instrument by notice in the Gazette and
that approval had not been revoked,
apparatus of that type is taken, on and
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after that day, to be apparatus of a type
approved by the Minister as a breath
analysing instrument by notice in the
Gazette.
(3) For the purposes of this and any other
Act, if, before the day on which section 6
of the amending Act commences, a
person is an approved analyst, or a
supervising analyst, under this Act, that
person is taken, on and after that day, to
be an approved analyst appointed by the
Minister under this Act on the same
terms and conditions.
(4) For the purposes of this and any other
Act, if, before the day on which section
33 of the amending Act commences, an
excessive drink-driving notice has been
issued, and is in force, under section 18B
of this Act, that notice is taken, on and
after that day, to be a road safety
disqualification notice issued, and in
force, under that section on the same
terms and conditions.
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s. 56 Part 3 - Marine Safety (Misuse of Alcohol) Act 2006 Amended
PART 3 - MARINE SAFETY (MISUSE OF ALCOHOL)
ACT 2006 AMENDED
56. Principal Act
In this Part, the Marine Safety (Misuse of
Alcohol) Act 2006* is referred to as the Principal
Act.
57. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of supervising analyst.
58. Section 8 amended (Approved analysts and
approved operators)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting from subsection (2) "the
supervising analyst" and substituting "an
approved analyst";
(c) by omitting from subsection (4) "police
officer" and substituting "person".
*No. 25 of 2006
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59. Section 61 amended (Regulations)
Section 61(4) of the Principal Act is amended by
omitting "supervising analyst" and substituting
"an approved analyst".
60. Schedule 1 amended (Evidentiary Certificates and
Records)
Schedule 1 to the Principal Act is amended by
omitting "the supervising analyst" from clause
1(a) of Part 1 and substituting "an approved
analyst".
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s. 61 Part 4 - Police Offences Act 1935 Amended
PART 4 - POLICE OFFENCES ACT 1935 AMENDED
61. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
62. Section 37K amended (Interpretation of Division)
Section 37K(1) of the Principal Act is amended
by inserting after paragraph (f) in the definition
of prescribed offence the following paragraph:
(fa) against section 18B of the Road Safety
(Alcohol and Drugs) Act 1970; or
*No. 44 of 1935
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Part 5 - Rail Safety National Law (Tasmania) Act 2012 Amended s. 63
PART 5 - RAIL SAFETY NATIONAL LAW
(TASMANIA) ACT 2012 AMENDED
63. Principal Act
In this Part, the Rail Safety National Law
(Tasmania) Act 2012* is referred to as the
Principal Act.
64. Section 10 amended (Testing for drugs and alcohol)
Section 10(3) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (d)(iii) "a
vehicle or" after "driven,";
(b) by omitting from paragraph (d)(iii) "on a
public street";
(c) by inserting in paragraph (e) "section
7AA and" after "from".
*No. 38 of 2012
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s. 65 Part 6 - Vehicle and Traffic Act 1999 Amended
PART 6 - VEHICLE AND TRAFFIC ACT 1999
AMENDED
65. Principal Act
In this Part, the Vehicle and Traffic Act 1999* is
referred to as the Principal Act.
66. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definitions of excessive
drink-driving notice and excessive drink-
driving offence;
(b) by inserting the following definition after
the definition of rigid:
road safety disqualification notice has
the same meaning as in the Road
Safety (Alcohol and Drugs) Act
1970;
67. Section 18 amended (Restricted driver licences)
Section 18(2)(c) of the Principal Act is amended
by omitting "an excessive drink-driving notice"
and substituting "a road safety disqualification
notice".
*No. 70 of 1999
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68. Part 3, Division 3B: Heading amended
Division 3B of Part 3 of the Principal Act is
amended by omitting "Excessive drink-driving
offences" from the heading to that Division and
substituting "Road safety disqualification
notice".
69. Section 19C amended (Automatic suspension of
licence for road safety disqualification notice)
Section 19C of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "an
excessive drink-driving notice" and
substituting "a road safety
disqualification notice";
(b) by omitting from subsection (2)
"excessive drink-driving offence" and
substituting "offence that resulted in the
person being given the road safety
disqualification notice";
(c) by omitting from subsection (3)(a)
"excessive drink-driving notice" and
substituting "road safety disqualification
notice".
Government Printer, Tasmania 71