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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRAFFIC AMENDMENT (DRUGS) BILL 2006

                     Western Australia


Road Traffic Amendment (Drugs) Bill 2006

                         CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                                   2
 2.    Commencement                                                  2
       Part 2 -- Road Traffic Act 1974
            amended
 3.    The Act amended in this Part                                  3
 4.    Section 51 amended                                            3
 5.    Section 63 amended                                            3
 6.    Sections 64AB and 64AC inserted                               4
       64AB.    Driving while impaired by drugs                4
       64AC.    Driving with prescribed illicit drug in oral
                fluid or blood                                 7
 7.    Section 65 amended                                            8
 8.    Section 66 amended                                            9
 9.    Sections 66A to 66F inserted                                  9
       66A.     Requirement to undergo driver
                assessment                                      9
       66B.     Requirement to provide blood or urine
                sample if driver assessment indicates
                drug impairment                                11
       66C.     Requirement to undergo a preliminary oral
                fluid test                                     14
       66D.     Requirement to provide sample of oral
                fluid for testing                              15
       66E.     Requirement or right to provide sample of
                blood for analysis instead of providing
                sample of oral fluid                           17
       66F.     Medical practitioners and registered
                nurses authorised to take blood samples        19
 10.   Sections 67AA and 67AB inserted                              19
       67AA.    Failure to comply with requirement as to
                driver assessment or provision of blood or


                           171--1                                    page i
Road Traffic Amendment (Drugs) Bill 2006



Contents



                       urine sample for analysis under
                       section 66A or 66B                            19
              67AB.    Failure to comply with requirement as to
                       provision of oral fluid or blood sample for
                       testing or analysis under section 66D or
                       66E                                           21
      11.     Section 67A amended                                         22
      12.     Section 69 amended                                          23
      13.     Section 69A amended                                         23
      14.     Sections 69B inserted                                       23
              69B.     Oral fluid samples                            23
      15.     Section 70 amended                                          24
      16.     Sections 71A and 71B inserted                               29
              71A.     Samples not to be used to obtain DNA          29
              71B.     Power to prevent use of vehicle by
                       suspected offender                            29
      17.     Section 72 amended                                          31
      18.     Section 72A inserted                                        34
              72A.     Review of amendments relating to drugs        34
      19.     Section 75 amended                                          35
      20.     Section 76 amended                                          35
      21.     Section 106 amended                                         36
              Part 3 -- Young Offenders Act 1994
                   amended
      22.     The Act amended in this Part                                38
      23.     Schedule 1 amended                                          38




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



   Road Traffic Amendment (Drugs) Bill 2006


                               A Bill for


An Act to amend the --
x Road Traffic Act 1974; and
x Young Offenders Act 1994.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Road Traffic Amendment (Drugs) Bill 2006
     Part 1         Preliminary

     s. 1



                               Part 1 -- Preliminary
     1.         Short title
                This is the Road Traffic Amendment (Drugs) Act 2006.

     2.         Commencement
 5        (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.
                Note: Under section 22 of the Interpretation Act 1984, this section and
                      section 1 come into operation on the day on which this Act receives the
10                    Royal Assent.




     page 2
                                              Road Traffic Amendment (Drugs) Bill 2006
                                           Road Traffic Act 1974 amended        Part 2

                                                                                        s. 3



                     Part 2 -- Road Traffic Act 1974 amended
     3.              The Act amended in this Part
                     The amendments in this Part are to the Road Traffic Act 1974*.
                     [* Reprint 9 as at 10 March 2006.
 5                      For subsequent amendments see Act No. 39 of 2000 and
                        Road Traffic (Fees for Vehicle Licences) Regulations 2006
                        published in Gazette 26 May 2006 p. 1885-8.]

     4.              Section 51 amended
                     Section 51(1)(a)(iii) is amended by inserting before "89" --
10                   "     64AC,    ".

     5.              Section 63 amended
          (1)        Section 63(3) is amended by deleting "section 67 of this Act"
                     and inserting instead --
                     "     section 64AB or 67AA or section 67      ".
15        (2)        Section 63(4) is amended by deleting ", and if he desires to
                     exercise this right, every facility in this regard shall be afforded
                     him".
          (3)        After section 63(4) the following subsections are inserted --
                "
20                  (4a)     The rights and requirements in subsection (4) do not
                             apply unless the person is under arrest or otherwise in
                             custody at the time of being charged.
                    (4b)     The right in subsection (4)(a), and the requirements
                             relating to it, do not apply if a sample of the person's
25                           blood has been taken pursuant to section 66, 66B or
                             66E before the person is charged.
                                                                                         ".



                                                                                    page 3
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 6



          (4)   Section 63(6) is amended by deleting "or 64AA" and inserting
                instead --
                "     , 64AA, 64AB or 64AC     ".

     6.         Sections 64AB and 64AC inserted
 5              After section 64A the following sections are inserted --
     "
            64AB.      Driving while impaired by drugs
                (1)    A person who drives or attempts to drive a motor
                       vehicle while impaired by drugs commits an offence,
10                     and the offender may be arrested without warrant.
                (2)    A person convicted of an offence against this section is
                       liable --
                          (a) for a first offence, to a fine of not less than
                               16 PU or more than 50 PU; and, in any event,
15                             the court convicting the person shall order that
                               the person be disqualified from holding or
                               obtaining a driver's licence for a period of not
                               less than 6 months; and
                         (b) for a second offence, to a fine of not less than
20                             30 PU or more than 70 PU or to imprisonment
                               for 9 months; and, in any event, the court
                               convicting the person shall order that the person
                               be disqualified from holding or obtaining a
                               driver's licence for a period of not less than
25                             2 years; and
                          (c) for a third or subsequent offence, to a fine of
                               not less than 40 PU or more than 100 PU or to
                               imprisonment for 18 months; and, in any event,
                               the court convicting the person shall order that
30                             the person be permanently disqualified from
                               holding or obtaining a driver's licence.



     page 4
                           Road Traffic Amendment (Drugs) Bill 2006
                        Road Traffic Act 1974 amended        Part 2

                                                                   s. 6



     (3)   For the purposes of subsection (2), where a person is
           convicted of an offence against this section any offence
           previously committed by the person against section 63
           or 67AA or section 67 as in force after the coming into
 5         operation of section 16 of the Road Traffic Amendment
           Act (No. 2) 1982 shall be taken into account and be
           deemed to have been an offence against this section
           (but not to the exclusion of any other previous offence
           against this section) in determining whether that first
10         mentioned offence is a first, second, third or
           subsequent offence.
     (4)   Section 63(4) to (4b) extend to the charging of a person
           with an offence against this section.
     (5)   The accused may be convicted of an offence against
15         this section if the prosecutor proves that --
             (a) the accused drove or attempted to drive a motor
                   vehicle; and
             (b) one or more drugs were present in the
                   accused's body at the time of that driving or
20                 attempted driving; and
             (c) the conduct, condition or appearance of the
                   accused at or after the time of that driving or
                   attempted driving, or during a driver
                   assessment, was consistent with conduct, a
25                 condition or an appearance associated with a
                   person who has consumed or used that drug or
                   those drugs; and
             (d) the conduct or condition associated with a
                   person who has consumed or used that drug or
30                 those drugs would be inconsistent with the
                   person being capable of having proper control
                   of a motor vehicle.
     (6)   A person charged with an offence against this section
           may, instead of being convicted of that offence, be
35         convicted of an offence against section 63 or 64AC.

                                                               page 5
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 6



              (7)   If in any proceeding for an offence against this section
                    it is proved that a certain drug was present in the
                    accused's body at any time within 4 hours after the
                    time of the driving or attempted driving of a motor
 5                  vehicle that gave rise to the alleged offence, the
                    presence of that drug in the accused's body at the time
                    of that driving or attempted driving is taken to be
                    proved in the absence of proof to the contrary.
              (8)   In any proceeding for an offence against this section it
10                  is a defence for the accused to prove in respect of the
                    drug, or each drug, referred to in subsection (5) --
                       (a) that the drug was --
                               (i) taken pursuant to a prescription of a
                                    medical practitioner, nurse practitioner
15                                  registered under the Nurses Act 1992, or
                                    registered dentist; or
                              (ii) administered by a medical practitioner,
                                    nurse practitioner registered under the
                                    Nurses Act 1992, or registered dentist,
20                          for therapeutic purposes; and
                     (b)    that where the drug was received or obtained by
                            the accused in a packaged form, the packaging
                            of the drug did not include a label advising that
                            the drug was likely to result in conduct or a
25                          condition that would be inconsistent with the
                            person being capable of having proper control
                            of a motor vehicle; and
                      (c)   that the accused was not aware, and could not
                            reasonably have been expected to be aware,
30                          that the drug was likely to result in conduct or a
                            condition that would be inconsistent with the
                            person being capable of having proper control
                            of a motor vehicle.
              (9)   Subsection (8) has effect despite subsection (5).


     page 6
                               Road Traffic Amendment (Drugs) Bill 2006
                            Road Traffic Act 1974 amended        Part 2

                                                                          s. 6



     64AC. Driving with prescribed illicit drug in oral fluid or
           blood
        (1)   A person who drives or attempts to drive a motor
              vehicle while a prescribed illicit drug is present in the
 5            person's oral fluid or blood commits an offence.
        (2)   A person convicted of an offence against this section is
              liable --
                 (a) for a first offence, to a fine of not more than
                      4 PU; and
10              (b) for a second or subsequent offence, to a fine of
                      not less than 5 PU or more than 10 PU; and, in
                      any event, the court convicting the person shall
                      order that the person be disqualified from
                      holding or obtaining a driver's licence for a
15                    period of not less than 3 months.
        (3)   For the purposes of subsection (2), where a person is
              convicted of an offence against this section any offence
              previously committed by the person against
              section 67AB shall be taken into account and be
20            deemed to have been an offence against this section
              (but not to the exclusion of any other previous offence
              against this section) in determining whether that first
              mentioned offence is a first, second or subsequent
              offence.
25      (4)   If in any proceeding for an offence against this section
              it is proved that a certain drug was present in the
              accused's body at any time within 4 hours after the
              time of the driving or attempted driving of a motor
              vehicle that gave rise to the alleged offence, the
30            presence of that drug in the accused's body at the time
              of that driving or attempted driving is taken to be
              proved in the absence of proof to the contrary.
        (5)   If a person takes a prescribed illicit drug mistakenly
              believing it to be another drug, that mistake is not a

                                                                       page 7
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 7



                   defence in any proceeding for an offence against this
                   section if that other drug is also a drug within the
                   meaning of paragraph (a) or (b) of the definition of
                   "drug" in section 65.
 5                                                                            ".

     7.       Section 65 amended
              Section 65 is amended by inserting in the appropriate
              alphabetical positions --
              "
10                 "approved device" means a device of a type approved
                       by the Minister under section 72(2)(c) for the
                       purpose of ascertaining the presence of prescribed
                       illicit drugs in a person's oral fluid;
                   "authorised drug tester" means a person authorised
15                     by the Commissioner of Police to collect, and
                       conduct drug testing of, samples of oral fluid for
                       the purposes of section 66D;
                   "conduct" includes behaviour and demeanour;
                   "driver assessment" means an assessment of drug
20                     impairment required by a member of the Police
                       Force under section 66A(1) or (2);
                   "drug" means --
                       (a) a drug to which the Misuse of Drugs
                               Act 1981 applies; or
25                     (b) a substance that is included in the Poisons
                               Act 1964 Schedule 4; or
                       (c) a substance (other than alcohol) that, when
                               consumed or used by a person, deprives the
                               person (temporarily or permanently) of any
30                             of the person's normal mental or physical
                               faculties;
                   "drug testing", in relation to oral fluid, means testing
                       for the presence of prescribed illicit drugs;

     page 8
                                           Road Traffic Amendment (Drugs) Bill 2006
                                        Road Traffic Act 1974 amended        Part 2

                                                                                     s. 8



                           "preliminary oral fluid test" means a test of a sample
                               of a person's oral fluid by means of a device of a
                               type approved by the Minister under
                               section 72(2)(d) for the purpose of providing a
 5                             preliminary indication of the presence of
                               prescribed illicit drugs in the oral fluid, and a
                               person "undergoes" a preliminary oral fluid test if
                               the person provides a sample of the person's oral
                               fluid for a preliminary oral fluid test;
10                         "prescribed illicit drug" means a drug that is declared
                               by the regulations to be a prescribed illicit drug;
                                                                                       ".

     8.              Section 66 amended
          (1)        After section 66(1a) the following subsection is inserted --
15              "
                    (1b)   Where a person required under subsection (1) or (1a) to
                           provide a sample of breath for a preliminary test is in a
                           motor vehicle, a member of the Police Force may
                           require the person to leave the vehicle for the purpose
20                         of providing the sample.
                                                                                       ".
          (2)        Section 66(16) and (17) are repealed.

     9.              Sections 66A to 66F inserted
                     After section 66 the following sections are inserted --
25   "
            66A.           Requirement to undergo driver assessment
                     (1)   A member of the Police Force may require --
                            (a) the driver or person in charge of a motor
                                vehicle; or
30                          (b) any person the member of the Police Force has
                                reasonable grounds to believe was the driver or
                                person in charge of a motor vehicle,

                                                                                page 9
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 9



                     to undergo an assessment of drug impairment if a
                     member of the Police Force has reasonable grounds to
                     believe that the person is, or was while driving or
                     attempting to drive the motor vehicle, impaired by
 5                   something, other than alcohol alone, affecting the
                     person's capacity to drive a motor vehicle.
               (2)   Where a member of the Police Force --
                      (a) has reasonable grounds to believe that the
                           presence of a motor vehicle has occasioned, or
10                         its use has been an immediate or proximate
                           cause of, personal injury or damage to property;
                           and
                      (b) does not know, or has doubt as to, who was the
                           driver or person in charge of the motor vehicle
15                         at the time of that presence or use,
                     but has reasonable grounds to believe --
                       (c) that the person may have been the driver or
                             person in charge of the motor vehicle at that
                             time; and
20                     (d) that the person was at that time impaired by
                             something, other than alcohol alone, affecting
                             the person's capacity to drive a motor vehicle,
                     a member of the Police Force may require the person to
                     undergo an assessment of drug impairment.
25             (3)   For the purposes of subsection (1) or (2) a member of
                     the Police Force may require a person who is required
                     to undergo a driver assessment to wait at the place at
                     which the requirement was made.
               (4)   Where a person required under subsection (1) or (2) to
30                   undergo a driver assessment is in a motor vehicle, a
                     member of the Police Force may require the person to
                     leave the vehicle for the purpose of undergoing the
                     assessment.

     page 10
                             Road Traffic Amendment (Drugs) Bill 2006
                          Road Traffic Act 1974 amended        Part 2

                                                                        s. 9



       (5)   A person who is required to undergo a driver
             assessment shall comply with that requirement by
             undergoing the assessment in accordance with the
             directions of a member of the Police Force.
 5     (6)   A person shall not be required to undergo a driver
             assessment if it appears to a member of the Police
             Force that --
               (a) the driver assessment could not be conducted
                     within 4 hours after the time at which driving,
10                   attempted driving, use or management of a
                     motor vehicle in circumstances giving rise to
                     the requirement is believed to have taken place;
                     or
               (b) because of the person's physical condition the
15                   person is incapable of undergoing the driver
                     assessment.
       (7)   A driver assessment shall be conducted by a member of
             the Police Force in accordance with regulations
             prescribing the procedure for assessing drug
20           impairment.

     66B.    Requirement to provide blood or urine sample if
             driver assessment indicates drug impairment
       (1)   Where --
              (a) a person having undergone a driver assessment,
25                 it appears to a member of the Police Force that
                   the assessment indicates that the person is drug
                   impaired; or
              (b) a person refuses or fails to undergo a driver
                   assessment having been required to do so; or
30            (c) a member of the Police Force might require a
                   person to undergo a driver assessment but is
                   precluded from doing so by section 66A(6)(b),



                                                                page 11
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 9



                     a member of the Police Force may require the
                     person --
                       (d) to allow a medical practitioner or registered
                            nurse nominated by the person to take a sample
 5                          of the person's blood for analysis; or
                       (e) to provide a medical practitioner or registered
                            nurse nominated by the person with a sample of
                            the person's urine for analysis,
                     or to do both of those things, and for the purposes of
10                   this subsection may require the person to accompany a
                     member of the Police Force to a place, and may require
                     the person to wait at that place.
               (2)   Where a person is incapable of complying with a
                     requirement under subsection (1)(d), a member of the
15                   Police Force may cause a medical practitioner or
                     registered nurse to take a sample of the person's blood
                     for analysis.
               (3)   Where a person is apparently unconscious or seriously
                     injured a member of the Police Force shall facilitate the
20                   provision of medical assistance for the person.
               (4)   A person shall not be required --
                      (a) to allow a medical practitioner or registered
                            nurse to take a sample of the person's blood; or
                      (b) to provide a medical practitioner or registered
25                          nurse with a sample of the person's urine,
                     under subsection (1), and a medical practitioner or
                     registered nurse shall not be caused to take a sample of
                     a person's blood under subsection (2), if it appears to
                     the member of the Police Force that the sample cannot
30                   be taken or provided, as the case may be, within
                     4 hours after the time at which driving, attempted
                     driving, use or management of a vehicle in



     page 12
                              Road Traffic Amendment (Drugs) Bill 2006
                           Road Traffic Act 1974 amended        Part 2

                                                                    s. 9



           circumstances giving rise to the requirement is believed
           to have taken place.
     (5)   Subsection (6) applies to a person if, under
           subsection (1) --
 5           (a) a member of the Police Force requires the
                  person --
                    (i) to allow a medical practitioner or
                          registered nurse nominated by the
                          person to take a sample of the person's
10                        blood for analysis; or
                    (ii)   to provide a medical practitioner or
                           registered nurse nominated by the
                           person with a sample of the person's
                           urine for analysis,
15                or to do both of those things, and the person
                  fails to nominate a medical practitioner or
                  registered nurse; or
            (b)   the person nominates a medical practitioner or
                  registered nurse to take a sample of the
20                person's blood or to collect a sample of the
                  person's urine, or for both of those purposes,
                  but a member of the Police Force has
                  reasonable grounds to believe that the medical
                  practitioner or registered nurse so nominated --
25                   (i) is not available within a distance of
                           40 kilometres; or
                    (ii) is not available within the time
                           prescribed by subsection (4); or
                   (iii) refuses to take the blood sample or
30                         collect the urine sample or to do either
                           of those things; or
                   (iv) cannot readily be located.




                                                              page 13
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 9



               (6)   If this subsection applies to a person, a member of the
                     Police Force may require the person --
                        (a) to allow a medical practitioner or registered
                              nurse nominated by the member of the Police
 5                            Force to take a sample of the person's blood for
                              analysis; or
                       (b) to provide a medical practitioner or registered
                              nurse nominated by the member of the Police
                              Force with a sample of the person's urine for
10                            analysis,
                     or to do both of those things, and for the purposes of
                     this subsection may require the person to accompany a
                     member of the Police Force to a place, and may require
                     the person to wait at that place.

15          66C.     Requirement to undergo a preliminary oral
                     fluid test
               (1)   A member of the Police Force may require the driver
                     or person in charge of a motor vehicle, or any person
                     he has reasonable grounds to believe was the driver or
20                   person in charge of a motor vehicle, to undergo a
                     preliminary oral fluid test.
               (2)   A member of the Police Force may --
                      (a) call upon the driver of a motor vehicle to stop
                          the vehicle;
25                    (b)   direct the driver of a motor vehicle to wait at a
                            place indicated by the member of the Police
                            Force,
                     in order that a requirement may be made under
                     subsection (1).
30             (3)   Where a member of the Police Force --
                      (a) has reasonable grounds to believe that the
                           presence of a motor vehicle has occasioned, or

     page 14
                              Road Traffic Amendment (Drugs) Bill 2006
                           Road Traffic Act 1974 amended        Part 2

                                                                        s. 9



                    its use has been an immediate or proximate
                    cause of, personal injury or damage to property;
                    and
              (b)   does not know, or has doubt as to, who was the
 5                  driver or person in charge of the motor vehicle
                    at the time of that presence or use,
             the member of the Police Force may require any person
             who he has reasonable grounds to believe may have
             been the driver or person in charge of the motor vehicle
10           at that time to undergo a preliminary oral fluid test.
       (4)   For the purposes of subsection (1) or (3) a member of
             the Police Force may require a person who is required
             to undergo a preliminary oral fluid test to wait at the
             place at which the requirement was made.
15     (5)   Where a person required to undergo a preliminary oral
             fluid test is in a motor vehicle, a member of the Police
             Force may require the person to leave the vehicle for
             the purpose of undergoing the test.
       (6)   A person who is required to undergo a preliminary oral
20           fluid test shall comply with that requirement by
             undergoing the test in accordance with the directions of
             a member of the Police Force.
       (7)   A preliminary oral fluid test shall be conducted by a
             member of the Police Force in accordance with
25           regulations prescribing the procedure for those tests.

     66D.    Requirement to provide sample of oral fluid for
             testing
       (1)   Where --
              (a) a person having undergone a preliminary oral
30                 fluid test, it appears to a member of the Police
                   Force that the test indicates that the person's
                   oral fluid contains a prescribed illicit drug; or


                                                                 page 15
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 9



                      (b)   a person refuses or fails to undergo a
                            preliminary oral fluid test having been required
                            to do so,
                     a member of the Police Force may require the person to
 5                   provide a sample of the person's oral fluid for drug
                     testing, and for the purposes of this subsection may
                     require the person to accompany a member of the
                     Police Force to a place, and may require the person to
                     wait at that place.
10             (2)   A person who is required under subsection (1) to
                     provide a sample of oral fluid for drug testing shall
                     comply with that requirement by providing the sample
                     in accordance with the directions of an authorised drug
                     tester.
15             (3)   A person shall not be required under subsection (1) to
                     provide a sample of oral fluid for drug testing if it
                     appears to a member of the Police Force that --
                       (a) the sample of oral fluid could not be provided
                            within 4 hours after the time at which driving,
20                          attempted driving, use or management of a
                            motor vehicle in circumstances giving rise to
                            the requirement is believed to have taken place;
                            or
                       (b) because of the person's physical condition the
25                          person is incapable of providing the sample of
                            oral fluid.
               (4)   Where, under subsection (1), a person provides a
                     sample of oral fluid for drug testing, an authorised drug
                     tester shall --
30                     (a) collect the sample in the manner prescribed by
                              the regulations; and
                       (b) conduct drug testing of the sample by an
                              approved device in accordance with the
                              procedure prescribed by the regulations.

     page 16
                             Road Traffic Amendment (Drugs) Bill 2006
                          Road Traffic Act 1974 amended        Part 2

                                                                       s. 9



     66E.    Requirement or right to provide sample of blood for
             analysis instead of providing sample of oral fluid
       (1)   Where a member of the Police Force might, under
             section 66D(1), require a person to provide a sample of
 5           oral fluid for drug testing but is precluded from doing
             so by section 66D(3)(b), a member of the Police Force
             may require the person to allow a medical practitioner
             or registered nurse nominated by the person to take a
             sample of the person's blood for analysis, and for the
10           purposes of this subsection may require the person to
             accompany a member of the Police Force to a place,
             and may require the person to wait at that place.
       (2)   Where a person is incapable of complying with a
             requirement under subsection (1), a member of the
15           Police Force may cause a medical practitioner or
             registered nurse to take a sample of the person's blood
             for analysis.
       (3)   Where a person is apparently unconscious or seriously
             injured a member of the Police Force shall facilitate the
20           provision of medical assistance for the person.
       (4)   A person shall not be required to allow a medical
             practitioner or registered nurse to take a sample of the
             person's blood under subsection (1), and a medical
             practitioner or registered nurse shall not be caused to
25           take a sample of a person's blood under subsection (2),
             if it appears to the member of the Police Force that the
             sample cannot be taken or provided, as the case may
             be, within 4 hours after the time at which driving,
             attempted driving, use or management of a vehicle in
30           circumstances giving rise to the requirement is believed
             to have taken place.
       (5)   A person who has been required, under section 66D(1),
             to provide a sample of oral fluid for drug testing may
             require that, instead of so doing, the person be


                                                                 page 17
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 9



                     permitted to allow a medical practitioner or registered
                     nurse nominated by the person to take a sample of the
                     person's blood for analysis.
               (6)   Where --
 5                    (a) under subsection (1), a member of the Police
                           Force requires a person to allow a medical
                           practitioner or registered nurse nominated by
                           the person to take a sample of the person's
                           blood for analysis, and the person fails to
10                         nominate a medical practitioner or registered
                           nurse; or
                      (b) under subsection (1) or (5), a person nominates
                           a medical practitioner or registered nurse to
                           take a sample of the person's blood for
15                         analysis, but a member of the Police Force has
                           reasonable grounds to believe that the medical
                           practitioner or registered nurse so nominated --
                              (i) is not available within a distance of
                                   40 kilometres; or
20                           (ii) is not available within the time
                                   prescribed by subsection (4); or
                            (iii) refuses to take the blood sample; or
                            (iv) cannot readily be located,
                     the member of the Police Force may require the person
25                   to allow a medical practitioner or registered nurse
                     nominated by the member of the Police Force to take a
                     sample of the person's blood for analysis, and for the
                     purposes of this subsection may require the person to
                     accompany a member of the Police Force to a place,
30                   and may require the person to wait at that place.




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                                 Road Traffic Act 1974 amended        Part 2

                                                                            s. 10



           66F.    Medical practitioners and registered nurses
                   authorised to take blood samples
             (1)   Where under section 66, 66B or 66E a member of the
                   Police Force --
 5                  (a) requires a person to allow a medical
                           practitioner or registered nurse nominated by
                           the member of the Police Force to take a
                           sample of the person's blood for analysis; or
                    (b) causes a medical practitioner or registered
10                         nurse to take a sample of a person's blood for
                           analysis,
                   this section authorises the medical practitioner or
                   registered nurse to take that sample.
             (2)   No action lies against a person who is a medical
15                 practitioner or registered nurse by reason only of the
                   person taking a sample of another person's blood for
                   analysis under section 66, 66B or 66E.
                                                                              ".

     10.     Sections 67AA and 67AB inserted
20           Before section 67A the following sections are inserted --
     "
           67AA. Failure to comply with requirement as to driver
                 assessment or provision of blood or urine sample
                 for analysis under section 66A or 66B
25           (1)   In this section --
                   "requirement" means a requirement of a member of
                        the Police Force made under section 66A or 66B.
             (2)   A person who fails to comply with a requirement --
                    (a) to undergo a driver assessment; or




                                                                         page 19
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 10



                      (b)    to allow a medical practitioner or registered
                             nurse to take a sample of the person's blood for
                             analysis; or
                       (c)   to provide a medical practitioner or registered
 5                           nurse with a sample of the person's urine for
                             analysis,
                     commits an offence.
               (3)   A person convicted of an offence against this section is
                     liable --
10                      (a) for a first offence, to a fine of not less than
                             16 PU or more than 50 PU; and, in any event,
                             the court convicting the person shall order that
                             the person be disqualified from holding or
                             obtaining a driver's licence for a period of not
15                           less than 6 months; and
                       (b) for a second offence, to a fine of not less than
                             30 PU or more than 70 PU or to imprisonment
                             for 9 months; and, in any event, the court
                             convicting the person shall order that the person
20                           be disqualified from holding or obtaining a
                             driver's licence for a period of not less than
                             2 years; and
                        (c) for any subsequent offence, to a fine of not less
                             than 40 PU or more than 100 PU or to
25                           imprisonment for 18 months; and, in any event,
                             the court convicting the person shall order that
                             the person be permanently disqualified from
                             holding or obtaining a driver's licence.
               (4)   For the purposes of subsection (3), where a person is
30                   convicted of an offence against this section any offence
                     previously committed by the person against section 63
                     or 64AB or section 67 as in force after the coming into
                     operation of section 16 of the Road Traffic Amendment
                     Act (No. 2) 1982 shall be taken into account and be


     page 20
                              Road Traffic Amendment (Drugs) Bill 2006
                           Road Traffic Act 1974 amended        Part 2

                                                                     s. 10



             deemed to have been an offence against this section
             (but not to the exclusion of any other previous offence
             against this section) in determining whether that first
             mentioned offence is a first, second, third or
 5           subsequent offence.
       (5)   It is a defence to a prosecution for an offence against
             this section if the accused satisfies the court that there
             was some substantial reason for the accused's failure to
             comply other than a desire to avoid providing
10           information that might be used as evidence.
       (6)   Without limiting the generality of subsection (5) it is a
             defence to a prosecution for failing to comply with a
             requirement mentioned in subsection (2)(c) if the
             accused satisfies the court that the accused attempted to
15           comply with the requirement.

     67AB.   Failure to comply with requirement as to provision
             of oral fluid or blood sample for testing or analysis
             under section 66D or 66E
       (1)   In this section --
20           "requirement" means a requirement of a member of
                 the Police Force made under section 66D or 66E.
       (2)   A person who fails to comply with a requirement --
              (a) to provide a sample of oral fluid for drug
                    testing; or
25            (b) to allow a medical practitioner or registered
                    nurse to take a sample of the person's blood for
                    analysis,
             commits an offence.
       (3)   A person convicted of an offence against this section is
30           liable --
                (a) for a first offence, to a fine of not more than
                     4 PU; and

                                                                  page 21
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 11



                        (b)    for a second or subsequent offence, to a fine of
                               not less than 5 PU or more than 10 PU; and, in
                               any event, the court convicting the person shall
                               order that the person be disqualified from
 5                             holding or obtaining a driver's licence for a
                               period of not less than 3 months.
                 (4)   For the purposes of subsection (3), where a person is
                       convicted of an offence against this section any offence
                       previously committed by the person against
10                     section 64AC or 67AA or section 67 as in force after
                       the coming into operation of section 16 of the Road
                       Traffic Amendment Act (No. 2) 1982 shall be taken into
                       account and be deemed to have been an offence against
                       this section (but not to the exclusion of any other
15                     previous offence against this section) in determining
                       whether that first mentioned offence is a first, second
                       or subsequent offence.
                 (5)   It is a defence to a prosecution for an offence against
                       this section if the accused satisfies the court that there
20                     was some substantial reason for the accused's failure to
                       comply other than a desire to avoid providing
                       information that might be used as evidence.
                                                                                    ".

     11.         Section 67A amended
25         (1)   Section 67A(1) is amended by deleting "section 66, other than a
                 requirement mentioned in section 66(1aa) or 67(2)," and
                 inserting instead --
                 "
                       any of sections 66 to 66E, other than a requirement
30                     mentioned in section 66(1aa), 66C(2), 67(2), 67AA(2)
                       or 67AB(2),
                                                                                    ".




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                                        Road Traffic Amendment (Drugs) Bill 2006
                                     Road Traffic Act 1974 amended        Part 2

                                                                               s. 12



           (2)   Section 67A(4) is amended as follows:
                   (a) by inserting after "64" --
                        " , 64AB ";
                  (b) by deleting "or 67" and inserting instead --
 5                      " , 67, 67AA or 67AB ".

     12.         Section 69 amended
                 Section 69(1) is amended by inserting after "66" --
                 "   , 66B or 66E   ".

     13.         Section 69A amended
10               Section 69A is amended by inserting after "66" --
                 " or 66B     ".

     14.         Sections 69B inserted
                 After section 69A the following section is inserted --
     "
15           69B.      Oral fluid samples
                       If the drug testing of a sample of a person's oral fluid
                       under section 66D(4)(b) indicates, in the opinion of the
                       authorised drug tester who conducted the drug testing,
                       that the person's oral fluid contains a prescribed illicit
20                     drug, the sample shall be divided into 2 parts, each of
                       which shall be deemed to be a sample of the person's
                       oral fluid for the purposes of this Act, and one of which
                       shall be given to or retained for the person by whom it
                       was provided, or shall be given to some other person
25                     on behalf of the first-mentioned person, and the other
                       of which shall be given to a member of the Police
                       Force.
                                                                                    ".



                                                                            page 23
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 15



     15.         Section 70 amended
           (1)   Section 70(3a) is amended as follows:
                   (a) by inserting after "proceeding" --
                        " for an offence against section 64AC, or ";
 5                (b) by inserting after "influence of " --
                        " or impaired by ";
                   (c) after paragraph (c) by deleting the full stop and
                        inserting --
                        "
10                             ; and
                        (d)    the conduct, condition or appearance of the
                               person at or after the time of the driving or
                               attempted driving of a motor vehicle that gave
                               rise to the alleged offence or during a driver
15                             assessment; and
                        (e)    conduct, a condition or an appearance
                               associated with a person who has consumed or
                               used a particular drug or particular drugs; and
                         (f)   the usual effect that conduct or a condition
20                             associated with a person who has consumed or
                               used a particular drug or particular drugs has on
                               a person's capacity to have proper control of a
                               motor vehicle; and
                        (g)    the provision of a sample of oral fluid by the
25                             person under section 66D, if provided within
                               4 hours after the driving, attempted driving, use
                               or management of a motor vehicle that gave
                               rise to the alleged offence; and
                        (h)    the analysis for drugs by a drugs analyst of a
30                             sample of oral fluid provided under
                               section 66D, and the result obtained from the
                               analysis.
                                                                                   ".


     page 24
                                 Road Traffic Amendment (Drugs) Bill 2006
                              Road Traffic Act 1974 amended        Part 2

                                                                       s. 15



     (2)   Section 70(3b) is amended as follows:
             (a) after paragraph (e) by deleting the comma and
                  inserting --
                  "
 5                      ; or
                  (f)   purporting to be signed by a drugs analyst
                        certifying either or both of the following --
                           (i) that an identified sample of blood, urine
                                or oral fluid taken from or provided by a
10                              named person was analysed for drugs;
                          (ii) the analysis result obtained from the
                                analysis;
                        or
                  (g)   purporting to be signed by an approved expert
15                      describing conduct, a condition or an
                        appearance associated with a person who has
                        consumed or used a drug or drugs specified in
                        the certificate; or
                  (h)   purporting to be signed by an approved expert
20                      setting out the usual effect that conduct or a
                        condition associated with a person who has
                        consumed or used a particular drug or particular
                        drugs has on a person's capacity to have proper
                        control of a motor vehicle; or
25                (i)   purporting to be signed by a member of the
                        Police Force describing the conduct, condition
                        or appearance of a person at or after the time
                        the person drove or attempted to drive a motor
                        vehicle; or
30                (j)   purporting to be signed by a member of the
                        Police Force certifying the following --
                           (i) that the member conducted a driver
                                assessment on a person named in the


                                                                    page 25
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 15



                                            certificate on a date and at a time stated
                                            in the certificate;
                                      (ii) that the assessment was conducted in
                                            accordance with the regulations,
 5                                  and describing the conduct, condition or
                                    appearance of the person during the
                                    assessment; or
                              (k)   purporting to be signed by an authorised drug
                                    tester certifying that, under section 66D, an
10                                  identified sample of oral fluid was collected by
                                    the authorised drug tester in accordance with
                                    the regulations from a named person on a date
                                    and at a time specified in the certificate using
                                    identified sampling equipment which was
15                                  received in a described condition from an
                                    identified person,
                                                                                         ";
                       (b)    by deleting "or registered nurse." and inserting
                              instead --
20                 "
                             , registered nurse, drug analyst, approved expert,
                             member of the Police Force or authorised drug tester.
                                                                                         ".
        (3)        After section 70(3c) the following subsection is inserted --
25            "
                  (3d)       In any proceeding for an offence against
                             section 67A(1)(b) of failing to comply with a
                             requirement made pursuant to section 66D(1) a
                             certificate in the prescribed form purporting to be
30                           signed by the Commissioner of Police certifying that a
                             person therein named is, or was at the material time, an
                             authorised drug tester is prima facie evidence of the
                             matters therein certified, without proof of the signature
                             of the person purporting to have signed it or proof that


     page 26
                                       Road Traffic Amendment (Drugs) Bill 2006
                                    Road Traffic Act 1974 amended        Part 2

                                                                                 s. 15



                      the purported signatory was the Commissioner of
                      Police.
                                                                                    ".
     (4)        After section 70(4) the following subsections are inserted --
 5         "
                (5)   Except at the instance, or with the consent, of the
                      accused in any proceeding such as is mentioned in
                      subsection (3a), a certificate mentioned in
                      subsection (3b)(f), (g) or (h) shall not be adduced, and
10                    if adduced shall not be admitted, in that proceeding
                      unless a copy of the certificate is proved to have been
                      served on the accused at least 28 days before the day
                      on which the certificate is adduced.
               (5a)   If subsection (5) has been complied with in relation to
15                    a certificate, the accused shall not challenge or call into
                      question any matter certified or set out in the certificate
                      unless --
                         (a) notice of the accused's intention to do so is
                               proved to have been served on the prosecutor at
20                             least 14 days before the day on which the
                               certificate is adduced; or
                        (b) the court, in the interests of justice, gives the
                               accused leave to do so.
               (5b)   A notice under subsection (5a)(a) must specify the
25                    matter that is to be challenged or called into question.
               (5c)   Except at the instance, or with the consent, of that
                      person, evidence that a person underwent a preliminary
                      oral fluid test and of any indication provided by such a
                      test shall not be adduced, and if adduced shall not be
30                    admitted, in any proceedings other than proceedings
                      for an offence against section 67AB or 67A.
               (5d)   Except as provided by subsection (3a) or (3b) or at the
                      instance, or with the consent, of that person, evidence


                                                                            page 27
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 15



                       that a person provided a sample of the person's oral
                       fluid for drug testing shall not be adduced, and if
                       adduced shall not be admitted, in any proceedings other
                       than proceedings for an offence against section 67AB
 5                     or 67A.
               (5e)    Except at the instance, or with the consent, of that
                       person, evidence of the result of the drug testing of a
                       sample of a person's oral fluid by an approved device,
                       shall not be adduced, and if adduced shall not be
10                     admitted, in any proceedings other than proceedings
                       for an offence against section 67AB or 67A.
                                                                                 ".
        (5)     Section 70(6) is amended by deleting "67." and inserting
                instead --
15              "     64AB, 67, 67AA or 67A.    ".
        (6)     Section 70(7) is amended by inserting in the appropriate
                alphabetical position --
                "
                       "approved expert" means a qualified clinical
20                        pharmacologist approved by the Minister for the
                          purpose of this section by notice published in the
                          Gazette;
                                                                                 ".
        (7)     Section 70 is amended by inserting after subsections (1)(a) to
25              (d), (2)(ba)(i) to (v) and (2)(bb)(i) to (v) --
                "     and    ".
        (8)     Section 70 is amended by inserting after subsection (2)(a) and
                (b), before subsection (2)(bb), before and after subsection (2)(c)
                and after subsections (2a)(a), (3)(a) and (3b)(a) to (c) --
30              " or        ".




     page 28
                                   Road Traffic Amendment (Drugs) Bill 2006
                                Road Traffic Act 1974 amended        Part 2

                                                                          s. 16



     16.     Sections 71A and 71B inserted
             After section 71 the following sections are inserted --
     "
           71A.    Samples not to be used to obtain DNA
 5           (1)   In this section --
                   "sample" means a sample of blood, urine or oral fluid
                        taken from or provided by a person (the
                        "subject") and given to a member of the Police
                        Force under section 69, 69A or 69B.
10           (2)   A person must not use a sample to obtain the subject's
                   DNA.
                   Penalty: imprisonment for 12 months.

           71B.    Power to prevent use of vehicle by suspected
                   offender
15           (1)   If a member of the Police Force has reason to suspect
                   that a person (the "offender") is driving, is attempting
                   to drive, has driven or has attempted to drive a motor
                   vehicle in contravention of section 63, 64, 64AA, 64A
                   or 64AB, the member of the Police Force may require
20                 the offender to immediately hand over all keys to any
                   motor vehicle that are there and then in the offender's
                   possession --
                      (a) to the member of the Police Force; or
                     (b) to another person who is in the company of the
25                         offender if the member of the Police Force is
                           satisfied that the person --
                              (i) is authorised to drive the vehicle on a
                                   road; and
                             (ii) is responsible and is able to drive the
30                                 vehicle properly.



                                                                       page 29
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 16



               (2)   A member of the Police Force may make a requirement
                     under subsection (1) if satisfied that the requirement is
                     necessary in the circumstances and is in the interest of
                     the offender, or of any other person or of the public,
 5                   and may do so whether or not the offender has been or
                     is to be charged with an offence.
               (3)   If keys to a motor vehicle are handed over under
                     subsection (1)(a), a member of the Police Force may
                     take any steps that, in the opinion of the member of the
10                   Police Force, are appropriate and practicable in order to
                     ensure that the vehicle is not causing any obstruction to
                     traffic and is secure.

               (4)   Those steps may include moving the vehicle to a more
                     suitable place.
15             (5)   If a person requests a member of the Police Force to
                     hand over to the person keys to a motor vehicle that
                     have been handed over under subsection (1)(a), the
                     member of the Police Force is to comply with the
                     request if satisfied that the person --
20                      (a) is entitled to lawful possession of the vehicle or
                              is in the company of a person who is entitled to
                              lawful possession of the vehicle; and
                       (b) is authorised to drive the vehicle on a road; and
                        (c) is responsible and able to drive the vehicle
25                            properly.
               (6)   Before keys to a motor vehicle are handed over to a
                     person under subsection (1)(b) or (5) a member of the
                     Police Force may, for the purposes of
                     subsection (1)(b)(ii) or (5)(c), require the person to
30                   provide a sample of the person's breath for a
                     preliminary test in accordance with the directions of
                     the member of the Police Force.



     page 30
                                        Road Traffic Amendment (Drugs) Bill 2006
                                     Road Traffic Act 1974 amended        Part 2

                                                                                  s. 17



                 (7)   If keys to a motor vehicle are not handed over within
                       24 hours after a request is made under subsection (5),
                       the offender may apply to the Magistrates Court, in
                       accordance with its rules of court, for an order for the
 5                     keys to be handed over to a person named in the
                       application.
                 (8)   A person who --
                        (a) contravenes any requirement made by a
                              member of the Police Force under
10                            subsection (1); or
                        (b) attempts in any manner to obstruct a member of
                              the Police Force in the exercise of any power
                              conferred on the member of the Police Force
                              under subsection (1), (3) or (4),
15                     commits an offence.
                       Penalty: 8 PU.
                                                                                    ".

     17.         Section 72 amended
           (1)   Section 72(1) is amended as follows:
20                 (a) in paragraph (a) by inserting after "breath and" --
                        " oral fluid and ";
                  (b) in paragraph (a) by deleting "and urine;" and inserting
                        instead --
                        " , urine and oral fluid; and ";
25                 (c) in paragraph (aa) by deleting "urine;" and inserting
                        instead --
                        " urine and oral fluid; and ";




                                                                            page 31
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 17



                    (d)         by inserting after paragraph (ab) --
                           "
                                      and
                               (ac)   prescribing the manner and methods by which
 5                                    samples of blood, urine and oral fluid may be
                                      analysed for drugs; and
                                                                                          ";
                    (e)         by inserting after paragraph (ba) --
                           "
10                                    and
                               (bb)   prescribing the procedure for assessing whether
                                      a person is drug impaired; and
                               (bc)   prescribing the procedure for conducting
                                      preliminary oral fluid tests; and
15                             (bd)   prescribing the procedure for drug testing
                                      samples of oral fluid by an approved device;
                                      and
                                                                                          ";
                     (f)        in paragraph (d) by deleting "those samples" and
20                              inserting instead --
                                "
                                      of a sample of blood by an analyst, or a sample
                                      of blood, urine or oral fluid by a drugs analyst,
                                                                                          ".
25      (2)        After section 72(1) the following subsection is inserted --
              "
                  (1a)     Without limiting subsection (1), procedures may be
                           prescribed under subsection (1)(bc) or (bd) by
                           reference to instructions provided by the manufacturer
30                         of a device of a type approved under subsection (2)(c)
                           or (d).
                                                                                          ".



     page 32
                                           Road Traffic Amendment (Drugs) Bill 2006
                                        Road Traffic Act 1974 amended        Part 2

                                                                                  s. 17



     (3)       Section 72(2) is amended by deleting the comma after
               paragraph (b) and inserting --
                     "
                                  ; and
 5                         (c)    types of devices for the purpose of conducting
                                  drug testing of a sample of a person's oral fluid
                                  for the purposes of section 66D; and
                           (d)    types of devices for the purpose of conducting
                                  preliminary oral fluid tests for the purposes of
10                                section 66C,
                                                                                      ".
     (4)       After section 72(3) the following subsections are inserted --
           "
               (4)    The Commissioner of Police may, from time to time,
15                    authorise a person to collect, and conduct drug testing
                      of, samples of oral fluid for the purposes of
                      section 66D.
               (5)    The Commissioner of Police must not authorise a
                      person under subsection (4) unless, in the opinion of
20                    the Commissioner of Police, the person has the
                      appropriate training to collect, and conduct drug testing
                      of, samples of oral fluid in accordance with the
                      regulations.
                                                                                      ".
25   (5)       Section 72 is amended by inserting after subsections (1)(b) and
               (3)(a) --
               "     and     ".




                                                                               page 33
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 18



     18.       Section 72A inserted
               After section 72 the following section is inserted in Part V
               Division 2 --
     "
 5           72A.    Review of amendments relating to drugs
               (1)   In this section --
                     "amended provisions" means this Act as amended by
                          the Road Traffic Amendment (Drugs) Act 2006
                          Part 2;
10                   "commencement day" means the day of the coming
                          into operation of the Road Traffic Amendment
                          (Drugs) Act 2006 Part 2.
               (2)   The Minister is to carry out a review of the operation
                     and effectiveness of the amended provisions as soon as
15                   practicable after the end of the period of 12 months
                     beginning on the commencement day.
               (3)   In the course of the review the Minister is to consider
                     and have regard to --
                       (a) the attainment of the objects of the amended
20                           provisions; and
                      (b)    the need for the amended provisions to continue
                             in operation; and
                       (c)   any other matters that appear to the Minister to
                             be relevant.
25             (4)   The Minister is to prepare a report following the review
                     and is to cause it to be laid before each House of
                     Parliament before the end of the period of 18 months
                     beginning on the commencement day.
               (5)   If a House of Parliament is not sitting, the Minister
30                   may transmit a copy of the report to the Clerk of that
                     House.



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                                         Road Traffic Amendment (Drugs) Bill 2006
                                      Road Traffic Act 1974 amended        Part 2

                                                                                 s. 19



                 (6)    A copy of the report transmitted to the Clerk of a
                        House is to be regarded as having been laid before the
                        House.
                 (7)    The laying of a copy of the report before a House that
 5                      is regarded as having occurred under subsection (6) is
                        to be reported to the House by the Clerk, and recorded
                        in the Votes and Proceedings or Minutes of
                        Proceedings, on the first sitting day of the House after
                        the Clerk received the copy.
10               (8)    This section expires as soon as a copy of the report has
                        been laid, or recorded under subsection (7) as having
                        been laid, in each House.
                                                                                   ".

     19.         Section 75 amended
15               Section 75(6) is amended as follows:
                   (a) in paragraph (a) by deleting "or 64" and inserting
                        instead --
                        " , 64 or 64AB ";
                  (b) in paragraph (b) by inserting after "1982" --
20                      " or section 67AA of this Act ".

     20.         Section 76 amended
           (1)   Section 76(1a) is amended as follows:
                   (a) in paragraph (a) by deleting "or section 67(3)(b) or (c);"
                        and inserting instead --
25                       "
                               , 64AB(2)(b) or (c), 67(3)(b) or (c) or
                               67AA(3)(b) or (c);
                                                                                   ";
                  (b)    in paragraph (b) by deleting "or section 67(3)(a)" and
30                       inserting instead --
                         " , 64AB(2)(a), 67(3)(a) or 67AA(3)(a) ".

                                                                            page 35
     Road Traffic Amendment (Drugs) Bill 2006
     Part 2         Road Traffic Act 1974 amended

     s. 21



           (2)       Section 76(12)(a) is amended by deleting "or 67(3)(a);" and
                     inserting instead --
                     "     , 64AB(2)(a), 67(3)(a) or 67AA(3)(a);   ".

     21.             Section 106 amended
 5         (1)       Section 106(3)(c) and (4) are amended by deleting "least the"
                     and inserting instead --
                     "     least a ".
           (2)       After section 106(5) the following subsections are inserted --
                 "
10                   (6)     A court sentencing a person who has been convicted of
                             an offence against section 64AB must order a
                             pre-sentence report about the offender under the
                             Sentencing Act 1995 Part 3 Division 3.
                     (7)     A court sentencing a person who has been convicted of
15                           a first offence against section 64AB or 67AA must,
                             instead of or in addition to imposing a fine --
                               (a) order the release of the person and impose a
                                      community based order under the Sentencing
                                      Act 1995 with at least a programme
20                                    requirement as a primary requirement of the
                                      order; or
                               (b) if the offender is a young person under the
                                      Young Offenders Act 1994, subject to
                                      sections 50, 50A and 50B of that Act, make a
25                                    youth community based order under that Act
                                      imposing at least attendance conditions on the
                                      offender.




     page 36
                            Road Traffic Amendment (Drugs) Bill 2006
                         Road Traffic Act 1974 amended        Part 2

                                                                   s. 21



      (8)   A court sentencing a person who has been convicted of
            a second or subsequent offence against section 64AB
            or 67AA must, instead of or in addition to imposing a
            fine --
 5            (a) order the release of the person and impose a
                   community based order under the Sentencing
                   Act 1995 with at least a supervision
                   requirement and a programme requirement as
                   primary requirements of the order; or
10            (b) order the release of the person and impose an
                   intensive supervision order under the
                   Sentencing Act 1995 with at least a programme
                   requirement as a primary requirement of the
                   order; or
15            (c) if the offender is a young person under the
                   Young Offenders Act 1994, subject to
                   sections 50, 50A and 50B of that Act, make a
                   youth community based order, or an intensive
                   youth supervision order, under that Act
20                 imposing at least attendance conditions and
                   supervision conditions on the offender.
      (9)   Subsections (7) and (8) apply despite the Sentencing
            Act 1995 section 39(3) and (4) and the Young
            Offenders Act 1994 section 74.
25   (10)   Subsection (8) does not apply if the court imposes a
            custodial sentence on the offender.
                                                                     ".




                                                               page 37
     Road Traffic Amendment (Drugs) Bill 2006
     Part 3         Young Offenders Act 1994 amended

     s. 22



             Part 3 -- Young Offenders Act 1994 amended
     22.       The Act amended in this Part
               The amendments in this Part are to the Young Offenders
               Act 1994*.
 5             [* Reprint 3 as at 15 July 2005.
                  For subsequent amendments see Acts Nos. 27 and
                  34 of 2004.]

     23.       Schedule 1 amended
               Schedule 1 is amended in the division headed "3. Road Traffic
10             Act 1974 " as follows:
                 (a) by inserting after the item relating to section 63 --
                   "
                       s. 64AB             Driving while impaired by drugs
                       s. 64AC             Driving with prescribed illicit drug
                                           in oral fluid or blood
                                                                                   ";
                (b)    by deleting the item relating to section 67 and inserting
15                     instead --
                   "
                       s. 67               Failing to provide a breath sample,
                                               allow taking of a blood sample
                                               or provide a urine sample
                       s. 67AA             Failing to undergo a driver
                                               assessment, allow taking of a
                                               blood sample or provide a
                                               urine sample
                       s. 67AB             Failing to provide a sample of oral
                                               fluid or allow taking of a blood
                                               sample
                                                                                   ".




 


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