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PARLIAMENT OF VICTORIA
Road Safety (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 3
3. Principal Act 3
PART 2--DRIVING WHILE IMPAIRED BY A DRUG 4
4. Definitions 4
5. Interpretative provisions 6
6. New offences relating to driving while impaired by a drug 7
7. Licence cancellation and disqualification 9
8. Immediate suspension of driver licence or permit 11
9. New sections 55A, 55B and 55C inserted 11
55A. Drug assessment 11
55B. Blood and urine samples 14
55C. Destruction of identifying information 16
10. Evidentiary provisions--blood tests 19
11. New section 57A inserted 21
57A. Evidentiary provisions--urine tests 21
12. Power to enter motor vehicles 25
13. New section 94B inserted 25
94B. Supreme Court--limitation of jurisdiction 25
14. Disallowance of Order and notice 25
15. Regulations 26
PART 3--OTHER AMENDMENTS TO ROAD SAFETY ACT 1986 27
16. Definitions 27
17. Approved health professionals to take blood samples 27
18. Taking of blood samples 28
19. Power to prosecute 28
20. Certain matters indicated by camera devices and speed camera
devices 29
21. General evidentiary provisions 29
22. Service of parking infringement notices 29
23. Service of notices 30
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Clause Page
24. New sections 104 and 105 inserted 30
104. Validation of certain resolutions fixing higher penalties
for parking infringements 30
105. Certain local laws to have force and effect despite
inconsistency with regulations 31
25. Subject matter for regulations 32
26. Statute law revision 33
PART 4--AMENDMENT OF OTHER ACTS 34
Division 1--Marine Act 1988 34
27. Approved health professionals to take blood samples 34
28. Taking of blood samples 35
29. New section 107C inserted 35
107C. Supreme Court--limitation of jurisdiction 35
30. Regulations 36
Division 2--Transport Act 1983 36
31. Approved health professionals to take blood samples 36
32. Taking of blood samples 37
33. Regulations 37
34. New section 255C inserted 38
255C. Supreme Court--limitation of jurisdiction 38
Division 3--Road Safety Act Amending Acts 38
35. Road Safety (Further Amendment) Act 1998 38
36. Repeal of certain unproclaimed amendments 38
NOTES 39
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541033B.A1-12/4/2000 BILL LA AS SENT 12/4/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 15 March 2000
As amended in Assembly 6 April 2000
Re-issued in lieu of As Sent Print 7 April 2000
A BILL
to amend the Road Safety Act 1986, the Road Safety (Amendment)
Act 1990, the Road Safety (Drivers) Act 1991, the Road Safety
(Further Amendment) Act 1998, the Marine Act 1988, the
Transport Act 1983 and for other purposes.
Road Safety (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Road Safety Act 1986 to--
5 (i) prohibit driving while impaired by a
drug other than alcohol;
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(ii) enable blood samples to be taken by
approved health professionals in drink-
driving cases;
(iii) permit councils to, by resolution, fix a
5 penalty, up to a maximum of $50, for
parking infringements committed
against regulations made under the
Road Safety Act 1986 within their
municipal districts;
10 (iv) validate certain resolutions made by
councils, fixing a penalty up to a
maximum of $50, for parking
infringements committed against
regulations made under the Road
15 Safety Act 1986 within their municipal
districts;
(v) make certain local laws in relation to
the parking of vehicles have force and
effect despite being inconsistent with
20 regulations made under the Road
Safety Act 1986;
(vi) empower protective services officers to
prosecute drivers for certain parking
offences;
25 (vii) provide for the introduction of digital
cameras and digital speed cameras;
(b) to amend the Marine Act 1988 and the
Transport Act 1983 to enable approved
health professionals to take blood samples in
30 relation to certain offences involving
alcohol;
(c) to repeal certain unproclaimed amendments.
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2. Commencement
(1) This Part and sections 16, 19, 20, 21, 22, 23, 24,
25, 26 and 36 come into operation on the day on
which this Act receives the Royal Assent.
5 (2) Section 35 is deemed to have come into operation
on 4 November 1998.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (4) If a provision referred to in sub-section (3) does
not come into operation before 1 December 2000,
it comes into operation on that day.
3. Principal Act
No. 127/1986.
In this Act, the Road Safety Act 1986 is called
Reprint No. 5
15 the Principal Act. as at 1 May
1999.
_______________
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PART 2--DRIVING WHILE IMPAIRED BY A DRUG
4. Definitions
(1) In section 3(1) of the Principal Act, in the
definition of "accredited drink-driving education
5 program" for "drink-driving" substitute
"driver".
(2) In section 3(1) of the Principal Act, for the
definition of "drug" substitute--
' ''drug" means a substance that is a drug for the
10 purposes of this Act by virtue of a
declaration under sub-section (3) or any
other substance (other than alcohol) which,
when consumed or used by a person,
deprives that person (temporarily or
15 permanently) of any of his or her normal
mental or physical faculties;'.
(3) In section 3(1) of the Principal Act, insert the
following definitions--
' "approved health professional" means--
20 (a) a registered nurse, within the meaning
of the Nurses Act 1993, registered in
division 1 of the register kept under that
Act;
(b) a person approved under sub-section
25 (4) to take a blood sample for the
purposes of Part 5;';
"dentist" means a dentist within the meaning of
the Dentists Act 1972;
"Director of the Victorian Institute of Forensic
30 Medicine" means the Director within the
meaning of the Coroners Act 1985;
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"permissible non-prescription drug" means--
(a) a Schedule 2 poison within the meaning
of the Drugs, Poisons and Controlled
Substances Act 1981 that is listed in
5 Appendix K of Part 5 of the
Commonwealth standard within the
meaning of that Act; or
(b) a Schedule 3 poison within the meaning
of the Drugs, Poisons and Controlled
10 Substances Act 1981;
"pharmacist" means a pharmacist within the
meaning of the Pharmacists Act 1974;
"prescription drug", in relation to a person,
means a Schedule 4 poison or Schedule 8
15 poison within the meaning of the Drugs,
Poisons and Controlled Substances Act
1981 which that person is authorised or
licensed by or under that Act to have in his
or her possession;
20 "substance" means substance in any form
(whether gaseous, liquid, solid or other) and
includes material, preparation, extract and
admixture;'.
(4) In section 3 of the Principal Act, after sub-section
25 (2) insert--
"(3) The Minister may, by Order published in the
Government Gazette, declare any substance
to be a drug for the purposes of this Act.
(4) The Director of the Victorian Institute of
30 Forensic Medicine may, in writing, approve
a person to take blood samples for the
purposes of Part 5 if the Director is of the
opinion that the person has the appropriate
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qualifications, training and experience to
take such samples.".
5. Interpretative provisions
(1) In section 48(1) of the Principal Act, after
5 paragraph (a) insert--
"(ab) if it is established that at any time within
3 hours after an alleged offence against
paragraph (ba) of section 49(1), a certain
drug was present in the body of the person
10 charged with the offence it must be
presumed, until the contrary is proved, that
that drug was present in the person's body at
the time at which the offence is alleged to
have been committed; and".
15 (2) In section 48 of the Principal Act, after sub-
section (1AB) insert--
"(1AC) For the purposes of an alleged offence
against paragraph (ba) of section 49(1) it
must be presumed that a drug found by an
20 analyst to be present in the sample of blood
or urine taken from the person charged was
not due solely to the consumption or use of
that drug after driving or being in charge of a
motor vehicle unless the contrary is proved
25 by the person charged on the balance of
probabilities by sworn evidence given by
him or her which is corroborated by the
material evidence of another person.
(1AD) For the purposes of sections 55A and 55B, a
30 driver is not to be taken to be impaired
unless his or her behaviour or appearance is
such as to give rise to a reasonable suspicion
that he or she is unable to drive properly.".
(3) In section 48(3) of the Principal Act, after "55"
35 insert "or 55A(3)".
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6. New offences relating to driving while impaired by a
drug
(1) In section 49(1) of the Principal Act--
(a) after paragraph (b) insert--
5 "(ba) drives a motor vehicle or is in charge of
a motor vehicle while impaired by a
drug; or";
(b) after paragraph (c) insert--
"(ca) refuses to undergo an assessment of
10 drug impairment in accordance with
section 55A when required under that
section to do so or refuses to comply
with any other requirement made under
section 55A(1); or";
15 (c) after paragraph (e) insert--
"(ea) refuses to comply with a requirement
made under section 55B(1); or".
(2) In section 49(3) of the Principal Act--
(a) after "(b)," insert "(ba),";
20 (b) after "(c)," insert "(ca),";
(c) after "(e)," insert "(ea),".
(3) In section 49 of the Principal Act, after sub-
section (3) insert--
'(3A) In proceedings for an offence under
25 paragraph (ba) of sub-section (1), proof
that--
(a) the person drove or was in charge of a
motor vehicle; and
(b) one or more drugs were present in the
30 person's body at the time at which he or
she drove or was in charge of the motor
vehicle; and
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(c) the behaviour of the person on an
assessment of drug impairment carried
out under section 55A was consistent
with the behaviour usually associated
5 with a person who has consumed or
used that drug or those drugs; and
(d) the behaviour usually associated with a
person who has consumed or used that
drug or those drugs would result in the
10 person being unable to drive properly--
is, in the absence of evidence to the contrary
but subject to sub-sections (3B) and (3C),
proof that the defendant drove or was in
charge of a motor vehicle while impaired by
15 a drug.
(3B) If on an analysis carried out in accordance
with this Part, no drug other than a
permissible non-prescription drug or a
prescription drug was found present in the
20 person's body, it is a defence to a charge
under paragraph (ba) of sub-section (1) for
the person charged to prove that--
(a) he or she did not know and could not
reasonably have known that the
25 permissible non-prescription drug or
the prescription drug, or the
combination of those drugs, so found
would impair driving if consumed or
used in accordance with advice given to
30 him or her by a registered medical
practitioner, a dentist or a pharmacist in
relation to the drug or combination of
drugs; and
(b) he or she consumed or used that drug or
35 combination of drugs in accordance
with that advice.
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(3C) In sub-section (3B), "advice" means written
or oral advice and includes anything written
on a label accompanying the drug.'.
(4) In section 49 of the Principal Act, after sub-
5 section (7) insert--
"(8) If on a prosecution for an offence under
paragraph (a) of sub-section (1), the court is
not satisfied that the defendant is guilty of
that offence but is satisfied that the
10 defendant is guilty of an offence under
paragraph (ba) of that sub-section, the court
may find the defendant guilty of an offence
under paragraph (ba) and punish the
defendant accordingly.".
15 7. Licence cancellation and disqualification
(1) In section 50 of the Principal Act, after sub-
section (1B) insert--
"(1C) On convicting a person, or finding a person
guilty of an offence under section 49(1)(ba),
20 the court must, if the offender holds a driver
licence or permit, cancel that licence or
permit and, whether or not the offender holds
a driver licence or permit, disqualify the
offender from obtaining one for such period
25 as the court thinks fit, not being less than--
(a) in the case of a first offence, 12
months; and
(b) in the case of a subsequent offence,
2 years.
30 (1D) On convicting a person, or finding a person
guilty of an offence under section 49(1)(ca)
or (ea), the court must, if the offender holds
a driver licence or permit, cancel that licence
or permit and, whether or not the offender
35 holds a driver licence or permit, disqualify
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the offender from obtaining one for such
period as the court thinks fit, not being less
than--
(a) in the case of a first offence, 2 years;
5 and
(b) in the case of a subsequent offence,
4 years.".
(2) In section 50(4A)(b) of the Principal Act--
(a) after "(a)," insert "(ba),";
10 (b) after "(c)," insert "(ca),";
(c) for "or (e)" substitute ", (e) or (ea)".
(3) In section 50(4B)(a) of the Principal Act, after
"months" insert "(or, if the offence in respect of
which the person was disqualified was an offence
15 under section 49(1)(ba), (ca) or (ea), at least
6 months)".
(4) In section 50(4D) of the Principal Act, omit "of
12 months".
(5) In section 50A(1) of the Principal Act, for "drink-
20 driving" substitute "driver".
(6) In section 50A of the Principal Act, after sub-
section (1) insert--
"(1A) The Corporation must not issue a driver
licence or permit to a person whose driver
25 licence or permit is cancelled, or who is
disqualified from obtaining a driver licence
or permit, on conviction, or on being found
guilty, of an offence under section 49(1)(ba),
(ca) or (ea) and who, at the time of the
30 offence, was under 25 years old unless it is
satisfied that the person has, if the offence is
a first offence, completed an accredited
driver education program.".
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(7) In section 50A(2), (3) and (4) of the Principal Act,
for "drink-driving" substitute "driver".
8. Immediate suspension of driver licence or permit
(1) In section 51 of the Principal Act, after sub-
5 section (1) insert--
"(1A) If a person is charged by a member of the
police force with an offence under paragraph
(ba), (ca) or (ea) of section 49(1), any
member of the police force may, at any time
10 after the making of the charge until the
charge has been determined, give to the
accused a notice containing the prescribed
particulars informing the accused that his or
her driver licence or permit is immediately
15 suspended until the charge has been
determined and requiring the accused to
surrender immediately to the person who
gave the notice the licence document or
permit document.".
20 (2) In section 51(3), (4), (5) and (10) of the Principal
Act, after "(1)" insert "or (1A)".
9. New sections 55A, 55B and 55C inserted
After section 55 of the Principal Act insert--
'55A. Drug assessment
25 (1) A member of the police force may at any
time require--
(a) any person he or she finds driving a
motor vehicle or in charge of a motor
vehicle; or
30 (b) the driver of a motor vehicle that has
been required to stop at a preliminary
breath testing station under section
54(3); or
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(c) any person who he or she believes on
reasonable grounds has within the last
3 preceding hours driven or been in
charge of a motor vehicle when it was
5 involved in an accident; or
(d) any person who he or she believes on
reasonable grounds was, within the last
3 preceding hours, an occupant of a
motor vehicle when it was involved in
10 an accident, if it has not been
established to the satisfaction of the
member of the police force which of
the occupants was driving or in charge
of the motor vehicle when it was
15 involved in the accident; or
(e) any person whom he or she has
required under section 53 to undergo a
preliminary breath test; or
(f) any person required under section 55 to
20 furnish a sample of breath or from
whom a sample of blood was required
to be taken under section 55(9A)--
to undergo an assessment of drug
impairment if, in the opinion of the member,
25 that person's behaviour or appearance
indicates that he or she may be impaired for
a reason other than alcohol alone and for that
purpose may further require the person to
accompany a member of the police force to a
30 place where the assessment is to be carried
out and to remain there until the assessment
has been carried out or until 3 hours after the
driving, being an occupant of or being in
charge of the motor vehicle, whichever is
35 sooner.
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(2) A person is not obliged to undergo an
assessment of drug impairment if more than
3 hours have passed since the person last
drove, was an occupant of or was in charge
5 of a motor vehicle.
(3) An assessment of drug impairment must be
carried out by a member of the police force
authorised to do so by the Chief
Commissioner of Police.
10 (4) An assessment of drug impairment must be
carried out in accordance with the procedure
specified in a notice under sub-section (5).
(5) The Corporation may, by notice published in
the Government Gazette, specify the
15 procedure to be followed in assessing drug
impairment.
(6) The carrying out of an assessment of drug
impairment must be video-recorded unless
the prosecution satisfies the court that a
20 video-recording has not been made because
of exceptional circumstances.
(7) If the person on whom an assessment of drug
impairment was carried out is subsequently
charged with an offence under paragraph
25 (ba) of section 49(1), a copy of the video-
recording, if any, must be served with the
summons or, if a summons is not issued,
within 7 days after the making of the charge.
(8) Subject to sub-section (9), the video-
30 recording of the carrying out of an
assessment of drug impairment on a person
is only admissible in a proceeding against
that person for an offence against this Act for
the purpose of establishing that the
35 assessment of drug impairment was carried
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out in accordance with the procedure
specified in a notice under sub-section (5).
(9) Evidence obtained as a result of an
assessment of drug impairment carried out
5 on a person is inadmissible as part of the
prosecution case in proceedings against that
person for any offence if the video-recording
of the assessment and any related material
and information should have been but has
10 not been destroyed as required by section
55C.
(10) In any proceeding under this Act--
(a) the statement of any member of the
police force that on a particular date he
15 or she was authorised by the Chief
Commissioner of Police under sub-
section (3) to carry out an assessment
of drug impairment; or
(b) a certificate purporting to be signed by
20 the Chief Commissioner of Police that a
member of the police force named in it
is authorised by the Chief
Commissioner under sub-section (3) to
carry out an assessment of drug
25 impairment--
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
authority of that member.
55B. Blood and urine samples
30 (1) If a person undergoes an assessment of drug
impairment when required under section
55A to do so and the assessment, in the
opinion of the member of the police force
carrying it out, indicates that the person may
35 be impaired by a drug or drugs, any member
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of the police force may require the person to
do either or both of the following--
(a) allow a registered medical practitioner
or an approved health professional
5 nominated by that member to take from
the person a sample of that person's
blood for analysis;
(b) furnish to a registered medical
practitioner or an approved health
10 professional nominated by that member
a sample of that person's urine for
analysis--
and for that purpose may further require the
person to accompany a member of the police
15 force to a place where the sample is to be
taken or furnished and to remain there until
the sample has been taken or furnished or
until 3 hours after the driving, being an
occupant of or being in charge of the motor
20 vehicle, whichever is sooner.
(2) The registered medical practitioner or
approved health professional who takes a
sample of blood or is furnished with a
sample of urine under this section must
25 deliver a part of the sample to the member of
the police force who required it to be taken
or furnished and another part to the person
from whom it was taken or by whom it was
furnished.
30 (3) A person must not hinder or obstruct a
registered medical practitioner or an
approved health professional attempting to
take a sample of the blood, or be furnished
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with a sample of the urine, of any other
person in accordance with this section.
Penalty: 12 penalty units.
(4) No action lies against a registered medical
5 practitioner or an approved health
professional in respect of anything properly
and necessarily done by the practitioner or
approved health professional in the course of
taking any sample of blood, or being
10 furnished with any sample of urine, which
the practitioner or approved health
professional believed on reasonable grounds
was required to be taken from, or be
furnished by, any person under this section.
15 (5) If the person on whom an assessment of drug
impairment was carried out is subsequently
charged with an offence under paragraph
(ba) of section 49(1), a copy of a written
report on that assessment prepared by the
20 member of the police force who carried it out
and containing the prescribed particulars
must be served with the summons or, if a
summons is not issued, within 7 days after
the making of the charge.
25 55C. Destruction of identifying information
(1) In this section, "relevant offence" means--
(a) an offence under section 49(1)(ba) or
(ea); or
(b) any other offence arising out of the
30 same circumstances; or
(c) any other offence in respect of which
the evidence obtained as a result of the
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assessment of drug impairment has
probative value.
(2) If an assessment of drug impairment has
been carried out on a person under section
5 55A and--
(a) the person has not been charged with a
relevant offence at the end of the period
of 12 months after the assessment; or
(b) the person has been so charged but the
10 charge is not proceeded with or the
person is not found guilty of the
offence, whether on appeal or
otherwise, before the end of that
period--
15 the Chief Commissioner of Police must,
subject to sub-section (4), destroy, or cause
to be destroyed, at the time specified in sub-
section (3) any video-recording made of the
assessment and any related material and
20 information.
(3) A video-recording and any related material
and information referred to in sub-section (2)
must be destroyed--
(a) in a case to which sub-section (2)(a)
25 applies, immediately after that period of
12 months; or
(b) in a case to which sub-section (2)(b)
applies--
(i) within 1 month after the
30 conclusion of the proceeding and
the end of any appeal period; or
(ii) if the proceeding has been
adjourned under section 75 of the
Sentencing Act 1991, within
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1 month after dismissal under that
section.
(4) A member of the police force may, before
the end of a period referred to in sub-section
5 (3)(b), apply without notice to the
Magistrates' Court for an order extending
that period and, if the Court makes such an
order, the reference to the period in sub-
section (3) is a reference to that period as so
10 extended.
(5) If the Magistrates' Court makes an order
under sub-section (4), it must give reasons
for its decision and cause a copy of the order
to be served on the person on whom the
15 assessment of drug impairment was carried
out.
(6) If a video-recording or related material and
information is required to be destroyed in
accordance with this section, the Chief
20 Commissioner of Police must, if the person
on whom the assessment was carried out so
requests, within 14 days after receiving the
request, notify that person in writing whether
the destruction has occurred.
25 (7) A person who knowingly--
(a) fails to destroy; or
(b) uses, or causes or permits to be used--
a video-recording or related material and
information required by this section to be
30 destroyed is guilty of an offence punishable
by a fine of not more than 120 penalty units
or to imprisonment for a term of not more
than 12 months.
(8) A person who at any time uses, or causes or
35 permits to be used, or otherwise disseminates
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information derived from any video-
recording or related material and information
required by this section to be destroyed
except in good faith for the purposes of a
5 relevant offence is guilty of an offence
punishable by a fine of not more than 120
penalty units or to imprisonment for a term
of not more than 12 months.'.
10. Evidentiary provisions--blood tests
10 (1) In section 57(1) of the Principal Act, after
paragraph (a) insert--
'(ab) "properly qualified expert" means--
(i) an approved expert; or
(ii) a person who is considered by the court
15 hearing the charge for the offence to
have scientific qualifications, training
and experience that qualifies him or her
to express an opinion as to the facts and
matters contained in a certificate under
20 sub-section (4B); and'.
(2) In section 57(1) of the Principal Act, at the end of
paragraph (b) insert--
'; and
(c) "approved expert" means a person who has
25 been approved by Order of the Governor in
Council published in the Government
Gazette as a properly qualified expert for the
purposes of this section.'.
(3) In section 57(1)(a)(ii) of the Principal Act, for
30 "the opinion to which this section relates"
substitute "an opinion as to the facts and matters
contained in a certificate under sub-section (4)".
(4) In section 57(2) of the Principal Act, after "of
analysis" insert "and, if a drug is present,
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evidence may be given by a properly qualified
expert of the usual effect of that drug on
behaviour when consumed or used (including its
effect on a person's ability to drive properly)".
5 (5) In section 57 of the Principal Act, after sub-
section (4) insert--
"(4A) A certificate containing the prescribed
particulars purporting to be signed by an
approved analyst as to the presence in any
10 sample of blood analysed by the analyst of a
substance that is, or is capable of being, a
drug for the purposes of this Act is
admissible in evidence in any proceedings
referred to in sub-section (2) and, in the
15 absence of evidence to the contrary, is proof
of the facts and matters contained in it.
(4B) A certificate containing the prescribed
particulars purporting to be signed by an
approved expert as to the usual effect of a
20 specified substance or substances on
behaviour when consumed or used
(including its effect on a person's ability to
drive properly) is admissible in evidence in
any proceedings referred to in sub-section
25 (2) and, in the absence of evidence to the
contrary, is proof of the facts and matters
contained in it.".
(6) In section 57(7A) of the Principal Act, after
paragraph (b)(ii) insert--
30 "(iia) there is a reasonable possibility that the
blood referred to in a certificate given by a
registered medical practitioner or an
approved health professional had become
contaminated in such a way that a drug
35 found on analysis would not have been
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found had the blood not been contaminated
in that way; or".
(7) In section 57(9) of the Principal Act, after
"55(9A)" insert ", 55B".
5 11. New section 57A inserted
After section 57 of the Principal Act insert--
'57A. Evidentiary provisions--urine tests
(1) In this section--
"approved analyst" means a person who
10 has been approved by Order of the
Governor in Council published in the
Government Gazette as a properly
qualified analyst for the purposes of
this section;
15 "approved expert" means a person who has
been approved by Order of the
Governor in Council published in the
Government Gazette as a properly
qualified expert for the purposes of this
20 section;
"properly qualified analyst" means--
(a) an approved analyst; or
(b) a person who is considered by the
court hearing the charge for the
25 offence to have scientific
qualifications, training and
experience that qualifies him or
her to carry out the analysis and to
express an opinion as to the facts
30 and matters contained in a
certificate under sub-section (4);
"properly qualified expert" means--
(a) an approved expert; or
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(b) a person who is considered by the
court hearing the charge for the
offence to have scientific
qualifications, training and
5 experience that qualifies him or
her to express an opinion as to the
facts and matters contained in a
certificate under sub-section (5).
(2) If a question as to the presence of a drug in
10 the body of a person at any time is relevant
on a hearing for an offence against section
49(1) then, without affecting the
admissibility of any evidence which might
be given apart from the provisions of this
15 section, evidence may be given--
(a) of the furnishing by that person, within
3 hours after that person drove or was
in charge of a motor vehicle, of a
sample of urine to a registered medical
20 practitioner or an approved health
professional;
(b) of the analysis of that sample of urine
by a properly qualified analyst within
twelve months after it was taken;
25 (c) of the presence of a drug in that sample
of urine at the time of analysis;
(d) by a properly qualified expert of the
usual effect of that drug on behaviour
when consumed or used (including its
30 effect on a person's ability to drive
properly).
(3) A certificate containing the prescribed
particulars purporting to be signed by a
registered medical practitioner or an
35 approved health professional is admissible in
evidence in any hearing referred to in sub-
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section (2) and, in the absence of evidence to
the contrary, is proof of the facts and matters
contained in it.
(4) A certificate containing the prescribed
5 particulars purporting to be signed by an
approved analyst as to the presence in any
sample of urine analysed by the analyst of a
substance that is, or is capable of being, a
drug for the purposes of this Act is
10 admissible in evidence in any hearing
referred to in sub-section (2) and, in the
absence of evidence to the contrary, is proof
of the facts and matters contained in it.
(5) A certificate containing the prescribed
15 particulars purporting to be signed by an
approved expert as to the usual effect of a
specified substance or substances on
behaviour when consumed or used
(including its effect on a person's ability to
20 drive properly) is admissible in evidence in
any hearing referred to in sub-section (2)
and, in the absence of evidence to the
contrary, is proof of the facts and matters
contained in it.
25 (6) A certificate given under this section must
not be tendered in evidence at a hearing
referred to in sub-section (2) without the
consent of the accused unless a copy of the
certificate is proved to have been personally
30 served on the accused more than 10 days
before the day on which the certificate is
tendered in evidence.
(7) An affidavit or statutory declaration by the
person who has personally served a copy of
35 the certificate on the accused is admissible in
evidence at a hearing referred to in sub-
section (2) and, as to the service of the copy,
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is proof, in the absence of evidence to the
contrary, of the facts and matters deposed to
in the affidavit or stated in the statutory
declaration.
5 (8) An accused who has been served with a copy
of a certificate given under this section may,
with the leave of the court and not otherwise,
require the person who has given the
certificate or any person employed, or
10 engaged to provide services at, the place at
which the sample of urine was furnished, to
attend at all subsequent proceedings for
cross-examination and that person must
attend accordingly.
15 (9) The court must not grant leave under sub-
section (8) unless it is satisfied--
(a) that the informant has been given at
least 7 days' notice of the hearing of the
application for leave and has been
20 given an opportunity to make a
submission to the court; and
(b) that--
(i) there is a reasonable possibility
that the urine referred to in a
25 certificate given by an analyst
under sub-section (4) was not that
of the accused; or
(ii) there is a reasonable possibility
that the urine referred to in a
30 certificate given by a registered
medical practitioner or an
approved health professional had
become contaminated in such a
way that a drug found on analysis
35 would not have been found had
24
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the urine not been contaminated in
that way; or
(iii) for some other reason the giving
of evidence by the person who
5 gave the certificate would
materially assist the court to
ascertain relevant facts.
(10) An accused who has been served with a copy
of a certificate given under this section may
10 not require the person who has given the
certificate or any person employed, or
engaged to provide services at, the place at
which the sample of urine was furnished, to
attend the court on the hearing of an
15 application for leave under sub-section (8).'.
12. Power to enter motor vehicles
In section 63 of the Principal Act, for "or 55"
substitute ", 55 or 55A".
13. New section 94B inserted
20 After section 94A of the Principal Act insert--
"94B. Supreme Court--limitation of jurisdiction
It is the intention of section 55B(4) to alter
or vary section 85 of the Constitution Act
1975.".
25 14. Disallowance of Order and notice
In section 96(1) of the Principal Act--
(a) after paragraph (a) insert--
"(ab) an Order under section 3(3);".
(b) after paragraph (c) insert--
30 "(ca) a notice under section 55A(5);".
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15. Regulations
(1) In item 52 of Schedule 2 to the Principal Act, after
"blood samples" insert "or urine samples".
(2) After item 55 of Schedule 2 to the Principal Act
5 insert--
"55A. The methods to be used by analysts in determining the
presence of a substance in a blood or urine sample.".
(3) In items 56 and 57 of Schedule 2 to the Principal
Act, after "blood" insert "or urine".
10 _______________
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PART 3--OTHER AMENDMENTS TO ROAD SAFETY
ACT 1986
16. Definitions
In section 3(1) of the Principal Act, in the
5 definition of "parking infringement", paragraph
(b) is repealed.
17. Approved health professionals to take blood samples
(1) In section 55(9A), (9D) and (10) of the Principal
Act, after "practitioner" (wherever occurring)
10 insert "or an approved health professional".
(2) In section 55(9B) of the Principal Act, after
"practitioner" insert "or approved health
professional".
(3) In section 55(9E) of the Principal Act--
15 (a) after "practitioner" (where first occurring)
insert "or an approved health professional";
(b) after "practitioner" (where secondly and
thirdly occurring) insert "or approved health
professional".
20 (4) In section 57(2), (3) and (7A)(b)(ii) of the
Principal Act, after "practitioner" (wherever
occurring) insert "or an approved health
professional".
(5) In section 57(8) of the Principal Act--
25 (a) after "practitioner" (where first occurring)
insert "or an approved health professional";
(b) after "practitioner" (where secondly
occurring) insert "or approved health
professional".
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(6) In section 94A of the Principal Act, at the end of
the section insert--
"(2) It is the intention of sections 55(9E) and
57(8), as amended by section 17 of the Road
5 Safety (Amendment) Act 2000, to alter or
vary section 85 of the Constitution Act
1975.".
(7) In item 52 of Schedule 2 to the Principal Act, after
"practitioners" insert "and approved health
10 professionals".
18. Taking of blood samples
In section 55(9A) of the Principal Act, after
paragraph (b) insert--
"--
15 and for that purpose may further require that
person to accompany a member of the police
force to a place where the sample is to be
taken and to remain there until the sample
has been taken or until 3 hours after the
20 driving, being an occupant of or being in
charge of the motor vehicle, whichever is
sooner.".
19. Power to prosecute
(1) In section 77(2) of the Principal Act, after
25 paragraph (a) insert--
"(ab) a protective services officer appointed under
Part VIA of the Police Regulation Act 1958,
if the offence occurs on land or premises that
are, or are in the vicinity of--
30 (i) a place of public importance that the
officer has been directed to protect; or
(ii) a place where there is present a person
holding an official or public office,
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whom the officer has been directed to
protect;".
(2) In section 77(3) of the Principal Act--
(a) after "Infrastructure" insert "or a protective
5 services officer"; and
(b) after "Department" (where secondly
occurring) insert "or protective services
officer".
20. Certain matters indicated by camera devices and
10 speed camera devices
(1) In sections 80(b) and 81(b) of the Principal Act,
after "section 66" (wherever occurring) insert "or
by a prescribed process".
(2) In section 80A of the Principal Act, after "section
15 66" (where secondly occurring) insert ", or by a
prescribed process,".
21. General evidentiary provisions
In section 84(3) of the Principal Act, for "the
owner" substitute ", if that date is before 1 May
20 1999, the owner and in any other case the
registered operator".
22. Service of parking infringement notices
In section 87 of the Principal Act, for sub-section
(4) substitute--
25 "(4) Despite sub-section (3), a municipal council
may by resolution fix a penalty of an amount
not greater than $50 for a parking
infringement in contravention of a regulation
under this Act in respect of which
30 regulations under this Act prescribe a
penalty of an amount not greater than the
penalty to be fixed, and the penalty so fixed
is the penalty prescribed for the purposes of
this section in respect of such a parking
29
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infringement occurring within the municipal
district of that municipal council.".
23. Service of notices
In section 93 of the Principal Act, after
5 paragraph (c) insert--
"; or
(d) if the person has given to the Corporation as
his or her address an address that is not his
or her place of residence or business, by
10 sending it addressed to the person at that
address.".
24. New sections 104 and 105 inserted
After section 103 of the Principal Act insert--
"104. Validation of certain resolutions fixing
15 higher penalties for parking infringements
(1) A resolution purported to be made by a
municipal council under section 87(4) on or
after 1 October 1992, but before the
commencement of section 22 of the Road
20 Safety (Amendment) Act 2000, fixing a
penalty of an amount not greater than $50 for
a parking infringement in contravention of
the Road Safety (Traffic) Regulations 1988
that would have validly fixed the amount had
25 section 22 of that Act been in operation at
the time the resolution was purportedly made
is, on that commencement, deemed to have,
and always to have had, the same force and
effect as it would have had if section 22 of
30 that Act had been in operation at the time the
resolution was purportedly made.
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(2) A resolution purported to be made by a
municipal council under section 87(4) on or
after 1 December 1999, but before the
commencement of section 22 of the Road
5 Safety (Amendment) Act 2000, fixing a
penalty of an amount not greater than $50 for
a parking infringement in contravention of
the Road Safety (Road Rules) Regulations
1999 that would have validly fixed the
10 amount had section 22 of that Act been in
operation at the time the resolution was
purportedly made is, on that commencement,
deemed to have, and always to have had, the
same force and effect as it would have had if
15 section 22 of that Act had been in operation
at the time the resolution was purportedly
made.
105. Certain local laws to have force and effect
despite inconsistency with regulations
20 (1) This section applies to a local law with
respect to the parking or leaving standing of
a vehicle on a highway--
(a) made by a municipal council before the
commencement of section 24 of the
25 Road Safety (Amendment) Act 2000;
and
(b) that was in force on 1 October 1992 or
at any time after 1 October 1992,
(whether or not in force immediately
30 before that commencement); and
(c) for which the municipal council has
passed before that commencement a
resolution under section 87(4) fixing a
penalty of an amount not greater than
35 $50 for a parking infringement under
that local law--
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to the extent that the local law relates to the
parking or leaving standing of a vehicle on a
highway at any time before that
commencement.
5 (2) Section 100 of this Act, or section 111(2)
and (3) of the Local Government Act 1989,
is deemed not to cause, and never to have
caused, a provision made by a local law to be
of no force and effect only because the
10 provision is inconsistent with the Road
Safety (Traffic) Regulations 1988 or the
Road Safety (Road Rules) Regulations
1999.".
25. Subject matter for regulations
15 In Schedule 2 to the Principal Act--
(a) after item 37 insert--
"37A. Prohibiting employers of drivers, other
employees of those employers, consignors of
goods and other persons from requiring,
20 requesting or permitting drivers to drive motor
vehicles, or a class or classes of motor vehicles,
in contravention of regulations relating to--
(a) the number of hours during which the
motor vehicle may be driven; or
25 (b) the carrying of a log book on the motor
vehicle and trailer; or
(c) the maximum speed for the motor
vehicle.";
(b) after item 39 insert--
30 "39A. The manner in which images or messages
produced by devices referred to in item 39 are to
be processed, stored, transferred, produced, re-
configured or used to produce other forms of
images or messages.";
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(c) after item 49A insert--
"49B. The use of detection devices to detect offences
committed against the Act, or regulations made
with respect to the regulation and control of
5 vehicular traffic on highways.
49C. The manner in which images or messages
produced by detection devices referred to in
item 49B are to be processed, stored,
transferred, produced, re-configured or used to
10 produce other forms of images or messages.".
26. Statute law revision
(1) In section 3(1) of the Principal Act, in the
definition of "traffic infringement", paragraph (f)
is repealed.
15 (2) In section 84A of the Principal Act, for "Liquor
Control Act 1987" substitute "Liquor Control
Reform Act 1998".
_______________
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PART 4--AMENDMENT OF OTHER ACTS
Division 1--Marine Act 1988
27. Approved health professionals to take blood samples
(1) In section 3(1) of the Marine Act 1988, insert the
5 following definitions--
No. 52/1988. ' "approved health professional" means--
Reprint No. 3
(a) a registered nurse, within the meaning
as at
4 February
of the Nurses Act 1993, registered in
1999. Further
division 1 of the register kept under that
amended by
No. 28/1999.
10 Act;
(b) a person approved under sub-section
(4) to take a blood sample for the
purposes of Part 4;
"Director of the Victorian Institute of Forensic
15 Medicine" means the Director within the
meaning of the Coroners Act 1985;'.
(2) In section 3 of the Marine Act 1988, after sub-
section (3) insert--
"(4) The Director of the Victorian Institute of
20 Forensic Medicine may, in writing, approve
a person to take blood samples for the
purposes of Part 4 if the Director is of the
opinion that the person has the appropriate
qualifications, training and experience to
25 take such samples.".
(3) In section 31(9A), (9D) and (10) of the Marine
Act 1988, after "practitioner" insert "or an
approved health professional".
(4) In section 31(9B) of the Marine Act 1988, after
30 "practitioner" insert "or approved health
professional".
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(5) In section 31(9E) of the Marine Act 1988--
(a) after "practitioner" (where first occurring)
insert "or an approved health professional";
(b) after "practitioner" (where secondly and
5 thirdly occurring) insert "or approved health
professional".
(6) In section 32(2)(c), (3) and (8)(b)(ii) of the
Marine Act 1988, after "practitioner" insert "or
an approved health professional".
10 (7) In section 32(9) of the Marine Act 1988--
(a) after "practitioner" (where first occurring)
insert "or an approved health professional";
(b) after "practitioner" (where secondly
occurring) insert "or approved health
15 professional".
28. Taking of blood samples
In section 31(9A) of the Marine Act 1988, after
paragraph (b) insert--
"--
20 and for that purpose may further require that
person to accompany a member of the police
force to a place where the sample is to be
taken and to remain there until the sample
has been taken or until 3 hours after being in
25 charge of or being an occupant of a vessel
under way, whichever is sooner.".
29. New section 107C inserted
After section 107B of the Marine Act 1988
insert--
30 "107C. Supreme Court--limitation of jurisdiction
It is the intention of sections 31(9E) and
32(9), as amended by section 27 of the Road
35
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Safety (Amendment) Act 2000, to alter or
vary section 85 of the Constitution Act
1975.".
30. Regulations
5 In item 62C of Schedule 5 to the Marine Act
1988, after "practitioners" insert "and approved
health professionals".
Division 2--Transport Act 1983
31. Approved health professionals to take blood samples
10 (1) In section 93(1) of the Transport Act 1983 insert
the following definitions--
No. 9921. ' "approved health professional" means--
Reprint No. 6
(a) a registered nurse, within the meaning
as at 1 July
1998. Further
of the Nurses Act 1993, registered in
amended by
15 division 1 of the register kept under that
Nos 52/1998,
85/1998,
Act;
98/1998,
99/1998,
(b) a person approved under sub-section
102/1998,
6/1999, (1A) to take a blood sample for the
45/1999 and
purposes of this Division;
63/1999.
20 "Director of the Victorian Institute of Forensic
Medicine" means the Director within the
meaning of the Coroners Act 1985;'.
(2) In section 93 of the Transport Act 1983, after
sub-section (1) insert--
25 "(1A) The Director of the Victorian Institute of
Forensic Medicine may, in writing, approve
a person to take blood samples for the
purposes of this Division if the Director is of
the opinion that the person has the
30 appropriate qualifications, training and
experience to take such samples.".
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33
Act No.
(3) In section 96(8), (11) and (13) of the Transport
Act 1983, after "practitioner" insert "or an
approved health professional".
(4) In section 96(9) of the Transport Act 1983, after
5 "practitioner" insert "or approved health
professional".
(5) In section 96(12) of the Transport Act 1983--
(a) after "practitioner" (where first occurring)
insert "or an approved health professional";
10 (b) after "the practitioner" (where secondly and
thirdly occurring) insert "or approved health
professional".
(6) In section 98(2), (3) and (8)(b)(ii) of the
Transport Act 1983, after "practitioner" insert
15 "or an approved health professional".
(7) In section 98(10) of the Transport Act 1983--
(a) after "practitioner" (where first occurring)
insert "or an approved health professional";
(b) after "practitioner" (where secondly
20 occurring) insert "or approved health
professional".
32. Taking of blood samples
In section 96(8) of the Transport Act 1983, after
paragraph (b) insert--
25 "--
and for that purpose may further require that
worker to accompany an authorised officer
or a member of the police force to a place
where the sample is to be taken and to
30 remain there until the sample has been taken
or until 3 hours after the carrying out of the
safety work, whichever is sooner.".
33. Regulations
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Act No.
In section 102(1)(c) of the Transport Act 1983,
after "practitioners" insert "and approved health
professionals".
34. New section 255C inserted
5 After section 255B of the Transport Act 1983
insert--
"255C. Supreme Court--limitation of jurisdiction
It is the intention of sections 96(12) and
98(10), as amended by section 31 of the
10 Road Safety (Amendment) Act 2000, to
alter or vary section 85 of the Constitution
Act 1975.".
Division 3--Road Safety Act Amending Acts
35. Road Safety (Further Amendment) Act 1998
No. 73/1998.
15 In section 7 of the Road Safety (Further
Amendment) Act 1998, for "After section 95B"
substitute "Before section 96".
36. Repeal of certain unproclaimed amendments
No. 5/1990. (1) Sections 14, 15(1), (2), (3), (6), (11) and (12) and
20 16 of the Road Safety (Amendment) Act 1990
are repealed.
No. 19/1991. (2) Sections 4(1)(a) and (c) and 19 of the Road
Safety (Drivers) Act 1991 are repealed.
25
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
39
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