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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Road Transport (Alcohol and Drugs) Amendment Bill 2013
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Alcohol and Drugs) Amendment Act 2013.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
4 Offences against
Act—application of Criminal Code etc
Section 4, note 1, dot
point 4
substitute
• s 22B (Failing to stay for screening test)
• s 22C (Refusing to undergo screening test)
5 Power to require alcohol screening
test if vehicle not involved in accident––driver and driver
trainer
New section 8 (1A)
insert
(1A) The person must remain at the place where the alcohol screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
6 Power to require alcohol screening
test if vehicle involved in accident—driver
New section 9
(2)
insert
(2) The person must remain at the place where the alcohol screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
7 Power to require alcohol screening
test if vehicle involved in accident—driver trainer
New section
9A (2)
insert
(2) The person must remain at the place where the alcohol screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
8 Power to require alcohol screening
test for culpable driving––driver and driver trainer
New
section 10 (3)
insert
(3) The person must remain at the place where the alcohol screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
9 Power to require drug screening test
if vehicle not involved in accident––driver and driver
trainer
Section 13A (2)
substitute
(2) The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
10 Power to require drug screening test
if vehicle involved in accident––driver
Section 13B
(2)
substitute
(2) The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
11 Power to require drug screening test
if vehicle involved in accident––driver trainer
Section
13BA (2)
substitute
(2) The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
12 Power to require drug screening test
for culpable driving—driver and driver trainer
Section 13C
(3)
substitute
(3) The person must remain at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Example—time reasonably necessary
a screening device is not immediately available and the police officer directs the person to remain at the place while a device is made available
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
13 Prescribed drug in oral fluid or
blood––driver or driver trainer
New section 20
(2A)
insert
(2A) A defendant in a prosecution for an offence against this section cannot
rely on the
, section 36 (Mistake of fact—strict liability) in relation to the identity of the prescribed drug if the defendant claims to have—
(a) considered, and been under a mistaken belief about, the identity of the prescribed drug; and
(b) believed that the prescribed drug was a controlled drug.
14 Section 20 (4), new definition of controlled drug
insert
controlled drug—see the Criminal Code
, section 600.
substitute
22B Failing to stay for screening test
(1) A person commits an offence if—
(a) a police officer requires the person to undergo—
(i) an alcohol screening test under—
(A) section 8 (Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer); or
(B) section 9 (Power to require alcohol screening test if vehicle involved in accident––driver); or
(C) section 9A (Power to require alcohol screening test if vehicle involved in accident––driver trainer); or
(D) section 10 (Power to require alcohol screening test for culpable driving––driver and driver trainer); or
(ii) a drug screening test under—
(A) section 13A (Power to require drug screening test if vehicle not involved in accident––driver and driver trainer); or
(B) section 13B (Power to require drug screening test if vehicle involved in accident––driver); or
(C) section 13BA (Power to require drug screening test if vehicle involved in accident––driver trainer); or
(D) section 13C (Power to require drug screening test for culpable driving––driver and driver trainer); and
(b) the person fails to remain at the place where the screening test is being carried out for the time (not exceeding 30 minutes) reasonably necessary for the test to be completed in accordance with the police officer’s directions.
Maximum penalty: 20 penalty units.
Note Fail includes refuse (see Legislation Act
, dict, pt 1).
(2) An offence against this section is a strict liability offence.
22C Refusing to undergo screening test
(1) A person commits an offence if—
(a) a police officer requires the person to undergo—
(i) an alcohol screening test under—
(A) section 8 (Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer); or
(B) section 9 (Power to require alcohol screening test if vehicle involved in accident––driver); or
(C) section 9A (Power to require alcohol screening test if vehicle involved in accident––driver trainer); or
(D) section 10 (Power to require alcohol screening test for culpable driving––driver and driver trainer); or
(ii) a drug screening test under—
(A) section 13A (Power to require drug screening test if vehicle not involved in accident––driver and driver trainer); or
(B) section 13B (Power to require drug screening test if vehicle involved in accident––driver); or
(C) section 13BA (Power to require drug screening test if vehicle involved in accident––driver trainer); or
(D) section 13C (Power to require drug screening test for culpable driving—driver and driver trainer); and
(b) the person fails to undergo the screening test in accordance with the reasonable directions of a police officer.
Maximum penalty: 30 penalty units.
Note Fail includes refuse (see Legislation Act
, dict, pt 1).
(2) An offence against this section is a strict liability offence.
(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the failure was based on medical grounds.
Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 59).
16 Driver etc
intoxicated
Section 24A (2) and (3)
omit
substitute
27 Imprisonment—s 22, s 22A, s 22C, s 23 and s 24 offences
substitute
(a) a person is convicted of an offence against any of the following provisions:
(i) section 22 (Refusing to provide breath sample);
(ii) section 22A (Refusing to provide oral fluid sample);
(iii) section 22C (Refusing to undergo screening test);
(iv) section 23 (Refusing blood test etc);
(v) section 24 (Driving under the influence of intoxicating liquor or a drug); and
substitute
47 Right of arrested person to medical examination
(1) A police officer who arrests a person for an offence against this Act must tell the person that the person may ask for a medical examination by a doctor or authorised nurse practitioner.
(2) If the person asks for a medical examination, the police officer must—
(a) if the person requests examination by a particular doctor or nurse practitioner—give the person reasonable assistance to arrange for medical examination by the doctor or nurse practitioner; and
(b) if the person does not request examination by a particular doctor or nurse practitioner, or if it is not reasonably practicable for the examination to be undertaken as requested—arrange for medical examination of the person by a doctor, or nurse practitioner, employed by the chief police officer to provide forensic medical services.
Example—reasonable assistance
give person access to a telephone to call his or her own doctor
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) The arrested person is liable for the costs of any medical examination under this section.
20 Dictionary, definition of disqualifying offence, new paragraph (da)
insert
(da) section 22C (Refusing to undergo screening test); or
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 28 November 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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