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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment (Alcohol Interlocks
and Other Matters) Bill 2014
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments which may be
brought into operation on or
after Royal Assent
3. Act amended 3
4. Section 59 amended 3
5. Section 59A amended 3
6. Section 63 amended 4
7. Section 64AA amended 5
8. Section 66 amended 5
9. Section 97 amended 5
Part 3 -- Amendments which may be
brought into operation on or
after the day fixed under the
Road Traffic (Administration)
Act 2008 section 2(b)
Division 1 -- Road Traffic Act 1974 amended
10. Act amended 6
11. Section 49 amended 6
12. Section 64A amended 6
13. Section 78A amended 7
71--1 page i
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Contents
Division 2 -- Road Traffic (Administration)
Act 2008 amended
14. Act amended 7
15. Section 36 amended 7
Division 3 -- Road Traffic (Authorisation to
Drive) Act 2008 amended
16. Act amended 8
17. Section 5A inserted 8
5A. Regulations for alcohol interlock scheme 8
18. Section 16 amended 9
19. Sections 20, 21 and 22 replaced 9
20. Notice of disqualification 9
21. Effect of disqualification 10
20. Section 26 amended 10
21. Section 32 amended 11
22. Section 38 amended 12
23. Section 64A inserted 12
64A. Review of certain amendments relating to
alcohol offences 12
Division 4 -- Road Traffic (Vehicles) Act 2012
amended
24. Act amended 13
25. Section 9 amended 13
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic Amendment (Alcohol Interlocks
and Other Matters) Bill 2014
A Bill for
An Act to amend the Road Traffic Act 1974, the Road Traffic
(Administration) Act 2008, the Road Traffic (Authorisation to Drive)
Act 2008 and the Road Traffic (Vehicles) Act 2012.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Amendment (Alcohol Interlocks and
4 Other Matters) Act 2014.
5 2. Commencement
6 (1) This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- subject to subsection (2), on a day
10 fixed by proclamation, and different days may be fixed
11 for different provisions.
12 (2) No provision of Part 3 may come into operation before the day
13 fixed under the Road Traffic (Administration) Act 2008
14 section 2(b).
page 2
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Amendments which may be brought into operation on or after Part 2
Royal Assent
s. 3
1 Part 2 -- Amendments which may be brought into
2 operation on or after Royal Assent
3 3. Act amended
4 This Part amends the Road Traffic Act 1974.
5 4. Section 59 amended
6 (1) Delete section 59(1)(a) and insert:
7
8 (a) while under the influence of alcohol to such an
9 extent as to be incapable of having proper
10 control of the vehicle; or
11 (ba) while under the influence of drugs to such an
12 extent as to be incapable of having proper
13 control of the vehicle; or
14 (bb) while under the influence of alcohol and drugs
15 to such an extent as to be incapable of having
16 proper control of the vehicle; or
17
18 (2) In section 59(3)(a) delete "subsection (1)(a)," and insert:
19
20 subsection (1)(a), (ba) or (bb),
21
22 5. Section 59A amended
23 (1) Delete section 59A(1)(a) and insert:
24
25 (a) while under the influence of alcohol to such an
26 extent as to be incapable of having proper
27 control of the vehicle; or
28 (ba) while under the influence of drugs to such an
29 extent as to be incapable of having proper
30 control of the vehicle; or
page 3
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Part 2 Amendments which may be brought into operation on or after
Royal Assent
s. 6
1 (bb) while under the influence of alcohol and drugs
2 to such an extent as to be incapable of having
3 proper control of the vehicle; or
4
5 (2) In section 59A(3a) delete "subsection (1)(a)," and insert:
6
7 subsection (1)(a), (ba) or (bb),
8
9 6. Section 63 amended
10 (1) Delete section 63(1) and insert:
11
12 (1) A person who drives or attempts to drive a motor
13 vehicle --
14 (a) while under the influence of alcohol to such an
15 extent as to be incapable of having proper
16 control of the vehicle; or
17 (b) while under the influence of drugs to such an
18 extent as to be incapable of having proper
19 control of the vehicle; or
20 (c) while under the influence of alcohol and drugs
21 to such an extent as to be incapable of having
22 proper control of the vehicle,
23 commits an offence, and the offender may be arrested
24 without warrant.
25
26 (2) In section 63(7):
27 (a) delete "against this section if it is alleged or appears on
28 the evidence that the accused was under the influence of
29 drugs alone," and insert:
30
31 against subsection (1)(b),
32
page 4
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Amendments which may be brought into operation on or after Part 2
Royal Assent
s. 7
1 (b) in paragraph (a) delete "those drugs" and insert:
2
3 the drugs, under the influence of which the accused is
4 alleged or appears on the evidence to be,
5
6 7. Section 64AA amended
7 In section 64AA(2c) delete "section 63, 64, or 67" and insert:
8
9 section 63, 64, 64A or 67
10
11 8. Section 66 amended
12 In section 66(2)(ca)(i) delete "section 59(1)(a) or 59A(1)(a)"
13 and insert:
14
15 section 59(1)(a), (ba) or (bb) or 59A(1)(a), (ba) or (bb)
16
17 9. Section 97 amended
18 Delete section 97(2)(a) and insert:
19
20 (a) while disqualified from obtaining a driver's
21 licence apply for or obtain such a licence,
22 except that a person may apply for such a
23 licence during the last 6 weeks of the period of
24 disqualification;
25 (ba) while disqualified from obtaining any particular
26 licence other than a driver's licence apply for or
27 obtain such a licence;
28
page 5
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Part 3 Amendments which may be brought into operation on or after
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Division 1 Road Traffic Act 1974 amended
s. 10
1 Part 3 -- Amendments which may be brought into
2 operation on or after the day fixed under the Road
3 Traffic (Administration) Act 2008 section 2(b)
4 Division 1 -- Road Traffic Act 1974 amended
5 10. Act amended
6 This Division amends the Road Traffic Act 1974.
7 11. Section 49 amended
8 (1) In section 49(1) in the Penalty paragraph (c) delete
9 "subsection (3)(a), (b), or (c)" and insert:
10
11 subsection (3)(a), (b), (c) or (da)
12
13 (2) After section 49(3)(c) insert:
14
15 (da) who is a member of a class of persons
16 prescribed for the purposes of this paragraph by
17 regulations made for the purposes of the Road
18 Traffic (Authorisation to Drive) Act 2008
19 section 5A; or
20
21 12. Section 64A amended
22 In section 64A(2):
23 (a) in paragraph (f) delete "driver." and insert:
24
25 driver; or
26
page 6
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Amendments which may be brought into operation on or after Part 3
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Road Traffic (Administration) Act 2008 amended Division 2
s. 13
1 (b) after paragraph (f) insert:
2
3 (g) is a member of a class of persons prescribed for
4 the purposes of this paragraph by regulations
5 made for the purposes of the Road Traffic
6 (Authorisation to Drive) Act 2008 section 5A.
7
8 13. Section 78A amended
9 In section 78A in the definition of impounding offence
10 (driver's licence) paragraph (a) delete "section 49(3)(a), (b) or
11 (c); or" and insert:
12
13 section 49(3)(a), (b), (c) or (da); or
14
15 Division 2 -- Road Traffic (Administration) Act 2008 amended
16 14. Act amended
17 This Division amends the Road Traffic (Administration)
18 Act 2008.
19 15. Section 36 amended
20 Delete section 36(2)(a) and insert:
21
22 (a) while disqualified from obtaining a driver's
23 licence apply for or obtain such a licence,
24 except that a person may apply for such a
25 licence during the last 6 weeks of the period of
26 disqualification;
27 (ba) while disqualified from obtaining any particular
28 licence other than a driver's licence apply for or
29 obtain such a licence;
30
page 7
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Part 3 Amendments which may be brought into operation on or after
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Division 3 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 16
1 Division 3 -- Road Traffic (Authorisation to Drive)
2 Act 2008 amended
3 16. Act amended
4 This Division amends the Road Traffic (Authorisation to Drive)
5 Act 2008.
6 17. Section 5A inserted
7 After section 4 insert:
8
9 5A. Regulations for alcohol interlock scheme
10 (1) In this section --
11 alcohol interlock means a device which, when
12 installed in a motor vehicle, prevents the vehicle from
13 being operated unless a breath sample analysed by the
14 device contains either no measurable concentration of
15 alcohol or not more than a particular concentration of
16 alcohol;
17 alcohol offence means an offence under the Road
18 Traffic Act 1974 Part V, an element of which is --
19 (a) being under the influence of alcohol; or
20 (b) having a blood alcohol content of or above a
21 stated level; or
22 (c) failing to provide a sample of blood, breath or
23 urine or to allow such a sample to be taken.
24 (2) The regulations may provide for an alcohol interlock
25 scheme under which --
26 (a) a driver's licence granted to or held by a person
27 who has been convicted of a prescribed alcohol
28 offence is to be subject to a condition that it
29 authorises driving only a vehicle in which an
30 alcohol interlock is installed; and
page 8
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Amendments which may be brought into operation on or after Part 3
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Road Traffic (Authorisation to Drive) Act 2008 amended Division 3
s. 18
1 (b) the requirement referred to in paragraph (a)
2 ceases to apply if the person satisfies prescribed
3 conditions.
4 (3) The particular purposes for which this section provides
5 that regulations may be made do not prevent anything
6 in section 61 from applying to the making of
7 regulations for the purposes of this section.
8 (4) Regulations made for the purposes of this section may,
9 in relation to persons who have been convicted of
10 prescribed alcohol offences, make any provision of a
11 kind referred to in section 4.
12
13 18. Section 16 amended
14 In section 16(1)(a)(iv) delete "90; or" and insert:
15
16 90, or any other section of that Act that may be prescribed for
17 the purpose of this section by regulations made for the purposes
18 of section 5A; or
19
20 19. Sections 20, 21 and 22 replaced
21 Delete sections 20, 21 and 22 and insert:
22
23 20. Notice of disqualification
24 If a person is convicted before a court of an offence
25 against this or any other written law and is disqualified
26 by the court from holding or obtaining a driver's
27 licence, the court must cause to be sent to the CEO --
28 (a) particulars of the conviction and of the order
29 made by the court; and
page 9
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Part 3 Amendments which may be brought into operation on or after
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Division 3 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 20
1 (b) any other information or particulars prescribed
2 for the purposes of this section.
3 21. Effect of disqualification
4 (1) Regulations may provide that, if a person is
5 disqualified from holding or obtaining a driver's
6 licence --
7 (a) by order of a court; or
8 (b) by operation of a road law; or
9 (c) by a licence suspension order made under the
10 Fines, Penalties and Infringement Notices
11 Enforcement Act 1994,
12 any driver's licence or learner's permit held by that
13 person is --
14 (d) cancelled; or
15 (e) suspended so long as the disqualification
16 continues in force.
17 (2) During a period of suspension imposed by regulations
18 made under subsection (1)(e), a driver's licence or
19 learner's permit is of no effect, but this section does not
20 operate to extend the period for which the licence or
21 permit may be valid or effective beyond the time when
22 it would be due to expire.
23
24 20. Section 26 amended
25 (1) In section 26 delete "To" and insert:
26
27 (1) To
28
page 10
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Amendments which may be brought into operation on or after Part 3
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Road Traffic (Authorisation to Drive) Act 2008 amended Division 3
s. 21
1 (2) At the end of section 26 insert:
2
3 (2) However, regulations made for the purposes of
4 section 5A --
5 (a) may provide that an extraordinary licence is to
6 be subject to a condition that it authorises
7 driving only a vehicle in which an alcohol
8 interlock is installed; and
9 (b) may make provision with respect to
10 extraordinary licences to the same extent as
11 they may make provision with respect to
12 drivers' licences that are not extraordinary
13 licences.
14
15 21. Section 32 amended
16 (1) In section 32 delete "An order" and insert:
17
18 (1) An order
19
20 (2) At the end of section 32 insert:
21
22 (2) Regulations made under section 5A providing for an
23 alcohol interlock scheme may require or permit the
24 holder of an extraordinary licence who is participating
25 in the scheme to drive for the purposes of the scheme,
26 notwithstanding any conditions imposed under
27 subsection (1)(b).
28
page 11
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Part 3 Amendments which may be brought into operation on or after
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Division 3 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 22
1 22. Section 38 amended
2 (1) In section 38(1) delete "A person" and insert:
3
4 Subject to any regulations referred to in section 32(2), a person
5
6 (2) After section 38(2) insert:
7
8 (3) Regulations made for the purposes of section 5A may
9 provide that, if a person engages in a course of conduct
10 which --
11 (a) constitutes an offence under this section; and
12 (b) constitutes an offence to which the Road Traffic
13 Act 1974 section 49(3)(da) applies,
14 the person is to be prosecuted for the offence to which
15 the Road Traffic Act 1974 section 49(3)(da) applies,
16 and not for the offence under this section.
17
18 23. Section 64A inserted
19 After section 63 insert:
20
21 64A. Review of certain amendments relating to alcohol
22 offences
23 (1) In this section --
24 review date means the fifth anniversary of the day on
25 which the Road Traffic Amendment (Alcohol Interlocks
26 and Other Matters) Act 2014 section 17 comes into
27 operation.
page 12
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Amendments which may be brought into operation on or after Part 3
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Road Traffic (Vehicles) Act 2012 amended Division 4
s. 24
1 (2) As soon as practicable after the review date the
2 Minister is to review the operation and effectiveness
3 of --
4 (a) the amendments made to this Act by the Road
5 Traffic Amendment (Alcohol Interlocks and
6 Other Matters) Act 2014 Part 3 Division 3; and
7 (b) the amendments made to the Road Traffic
8 Act 1974 by the Road Traffic Amendment
9 (Alcohol Interlocks and Other Matters)
10 Act 2014 Part 2 and Part 3 Division 1; and
11 (c) the amendment made to the Road Traffic
12 (Administration) Act 2008 by the Road Traffic
13 Amendment (Alcohol Interlocks and Other
14 Matters) Act 2014 Part 3 Division 2.
15 (3) The Minister is to cause a report of the review to be
16 laid before each House of Parliament within 6 months
17 after the review date.
18
19 Division 4 -- Road Traffic (Vehicles) Act 2012 amended
20 24. Act amended
21 This Division amends the Road Traffic (Vehicles) Act 2012.
22 25. Section 9 amended
23 After section 9(2) insert:
24
25 (3) If requested under the Road Traffic Act 1974
26 section 79BD to do so, the CEO must, in accordance
27 with the request --
28 (a) suspend the licence in respect of a vehicle; or
page 13
Road Traffic Amendment (Alcohol Interlocks and Other Matters) Bill 2014
Part 3 Amendments which may be brought into operation on or after
the day fixed under the Road Traffic (Administration) Act 2008
section 2(b)
Division 4 Road Traffic (Vehicles) Act 2012 amended
s. 25
1 (b) revoke the suspension of the licence in respect
2 of a vehicle.
3
4
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