2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport)
Road Transport (Drink Driving) Legislation Amendment Bill 2010

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Road Transport (Alcohol and Drugs) Act 1977
	3	Legislation amended—pt 2	4
	4	Meaning of special driver
Section 4B (1) (f) (iv)	4
	5	Section 4B (1) (f)	4
	6	Section 4B (3) to (5)	5
	7	Section 4B (5), new definition of public passenger vehicle	6
	8	Section 4C	6
	9	Section 4D	7
	10	Sections 5 and 6	9
	11	Section 11	11
	12	Breath analysis
Section 12 (2)	12
	13	Section 12 (3) (a)	13
	14	Section 12 (3) (b)	13
	15	Section 12 (4)	13
	16	Section 12 (6)	13
	17	Precautions for privacy
Section 13	14
	18	Restrictions on screening tests and breath analyses
Section 14 (1)	14
	19	Taking blood samples from people in custody
Section 15 (1) (b)	14
	20	Section 15 (7), (8) and (9)	14
	21	Taking blood samples from people in hospital
Section 15AA (2), (3) and (4)	15
	22	Sections 15A and 15B	16
	23	Section 16 (2)	18
	24	Section 16 (7), (8) and (9)	18
	25	Section 16A	19
	26	Protection of police officers and medical staff
Section 18 (3) (a)	21
	27	Section 19	21
	28	Defence if person did not intend to drive motor vehicle
Section 21 (b)	22
	29	New section 21A	22
	30	Fines and imprisonment—s 19 offences
Section 26	23
	31	Table 26, column 2 heading	24
	32	Sections 29 and 30	24
	33	Automatic driver licence disqualification—first offenders, s 19
Section 32	24
	34	Table 32, column 2 heading	24
	35	Automatic driver licence disqualification—repeat offenders, s 19
Section 33	25
	36	Table 33, column 2 heading	25
	37	New section 35	25
	38	Additional powers of court
Section 38	26
	39	Certificate of evidence
Section 41 (1) (a) (i)	26
	40	Section 41 (1) (a) (ii)	27
	41	Section 41 (1) (a) (iv) and (ix)	27
	42	Section 41 (1) (b) (i)	27
	43	Section 41 (1) (b) (ii)	27
	44	Section 41 (1) (b) (iv)	28
	45	Section 41 (1) (c)	28
	46	Section 41 (1) (d)	28
	47	Section 41 (1) (f)	29
	48	Section 41 (1) (h)	29
	49	Effect of noncompliance—analysis of breath or blood
Section 42 (1)	30
	50	Section 42 (2)	30
	51	Effect of noncompliance—analysis of body sample
Section 42A (1)	30
	52	Section 42A (2)	31
	53	Effect of noncompliance—refusal to give sample of breath
Section 42B (1)	31
	54	Section 42B (2)	31
	55	Rehabilitation programs
Part 8	31
	56	Power of arrest
Section 45	32
	57	Penalty for escaping from custody
Section 46	32
	58	New part 21	32
	59	Dictionary, new definition of analyst	35
	60	Dictionary, definitions of approved analyst and approved breath analysis instrument	35
	61	Dictionary, definition of approved laboratory	35
	62	Dictionary, definitions of approved operator and approved screening device	35
	63	Dictionary, new definition of authorised operator	35
	64	Dictionary, definition of breath analysis	35
	65	Dictionary, new definition of breath analysis instrument	36
	66	Dictionary, definition of first offender	36
	67	Dictionary, new definition of heavy vehicle	36
	68	Dictionary, definition of level	36
	69	Dictionary, new definition of medicine	36
	70	Dictionary, definition of prescribed concentration	37
	71	Dictionary, definition of repeat offender	37
	72	Dictionary, new definition of screening device	37
	73	Dictionary, definition of screening test	37
	74	Legislative instruments repealed	37
Part 3	Road Transport (Alcohol and Drugs) Regulation 2000
	75	Legislation amended—pt 3	38
	76	New sections 2 and 3	38
	77	Schedule 1 heading	39
	78	Schedule 1, item 5	39
Part 4	Road Transport (Driver Licensing) Act 1999
	79	Legislation amended—pt 4	40
	80	New section 28 (2) (s)	40
Part 5	Road Transport (Driver Licensing) Regulation 2000
	81	Legislation amended—pt 5	41
	82	Section 45 (2), notes 1 and 2	41
	83	Driver licence condition codes
Table 10, item 8	42
	84	Section 20 (6), note	42
	85	Section 21 (1), new definition of driving supervisor	42
	86	Section 21 (4)	42
	87	Section 21 (5)	42
	88	Section 21 (6), note	43
	89	Section 36A (3), note 3	43
	90	Section 37A (3), note 3	43
	91	Section 49 (3), note	43
	92	Section 49 (3), new note	43
	93	Section 52 (3), new note	43
	94	Section 54, note 2	43
	95	Section 63 (3), note 2	44
	96	New division 3.13	44
	97	New section 87 (1) (p)	48
	98	Dictionary, new definitions	48
Part 6	Road Transport (General) Act 1999
	99	Legislation amended—pt 6	49
	100	Sections 58 and 58A	49
	101	Division 4.2 heading	52
	102	Section 64	58
	103	Effect of disqualification
Section 66 (6) and (7)	59
	104	Section 67	60
	105	Dictionary, new definitions	63
Part 7	Road Transport (General) Regulation 2000
	106	Legislation amended—pt 7	64
	107	Schedule 1, part 1.1	64
	108	Schedule 1, part 1.4, new item 19A	64
Part 8	Road Transport (Offences) Regulation 2005
	109	Legislation amended—pt 8	65
	110	Schedule 1, part 1.3, items 10 to 12	65
	111	Schedule 1, part 1.3, item 15	66
	112	Schedule 1, part 1.6, items 11 and 12	67
	113	Schedule 1, part 1.7, items 6 to 8	67
	114	Schedule 1, part 1.7, new item 12A	69
	115	Schedule 1, part 1.7, item 13	69

2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport)
Road Transport (Drink Driving) Legislation Amendment Bill 2010

A Bill for
An Act to amend legislation about driving under the influence of alcohol, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Road Transport (Drink Driving) Legislation Amendment Act 2010.
2	Commencement
	(1)	Section 3, section 4 and section 7 commence on the day after this Act’s notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	The following provisions commence on a day fixed by the Minister by written notice:
·	part 4
·	section 92
·	section 93
·	section 96
·	section 97
·	section 98
·	section 108.
	(3)	However, if a provision mentioned in subsection (2) has not commenced within 12 months beginning on this Act’s notification day, the provision automatically commences on the first day after that period.
	(4)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to the provisions mentioned in subsection (2).
	(5)	The remaining provisions commence on a day fixed by the Minister by written notice.
Note 1	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 2	If a provision, other than a provision mentioned in s (2), has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2	Road Transport (Alcohol and Drugs) Act 1977
3	Legislation amended—pt 2
This part amends the Road Transport (Alcohol and Drugs) Act 1977.
Note	This part also repeals certain legislative instruments made under that Act (see s 74).
4	Meaning of special driver
Section 4B (1) (f) (iv)
substitute
	(iv)	a public passenger vehicle.
5	Section 4B (1) (f)
substitute
	(f)	the person is the driver of—
	(i)	a vehicle on which a sign, marking or placard is required to be displayed under the Dangerous Substances Act 2004 or the Dangerous Goods (Road Transport) Act 2009; or
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(ii)	a motor vehicle with a GVM of more than 15 t; or
	(iii)	a combination with a GCM of more than 15 t; or
	(iv)	a public passenger vehicle; or
	(g)	the person is learning to drive a heavy vehicle; or
	(h)	the person is a driving instructor who is with a driver for the purposes of—
	(i)	driver instruction; or
	(ii)	driver assessment; or
	(i)	the person is a heavy vehicle driver assessor who is with a driver for the purposes of driver assessment; or
	(j)	the person is a driving supervisor who is with a person who holds a learner licence (a learner driver) while the learner driver drives a motor vehicle that displays, or ought to display, L-plates on a road or road related area.
6	Section 4B (3) to (5)
substitute
	(3)	In this section:
driver assessment—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
driver instruction—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
driving instructor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
driving supervisor—see the Road Transport (Driver Licensing) Regulation 2000, section 21 (1).
heavy vehicle driver assessor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary.
7	Section 4B (5), new definition of public passenger vehicle
insert
public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary.
8	Section 4C
substitute
4C	Meaning of prescribed concentration of alcohol
For this Act, the prescribed concentration of alcohol in a person’s blood or breath is—
	(a)	for a special driver—more than 0g of alcohol in 100mL of blood or 210L of breath; or
	(b)	for any other person—0.05g or more of alcohol in 100mL of blood or 210L of breath.
4D	How alcohol concentration may be expressed
	(1)	For this Act, an analysis of a concentration of alcohol in a person’s blood or breath may be expressed as follows:
	(a)	the amount of alcohol, in grams, in 100mL of blood if the analysis is based on—
	(i)	a sample of blood; or
	(ii)	a sample of breath measured by a breath analysis instrument;
	(b)	the amount of alcohol, in grams, in 210L of breath if the analysis is based on a sample of breath measured by a breath analysis instrument.
	(2)	For this Act, an amount of alcohol measured in grams as part of 210L of breath is equivalent to the same amount of alcohol in grams as part of 100mL of blood.
4E	Reference to level of alcohol concentration
For this Act, a reference to a concentration of alcohol at a level mentioned in an item in table 4E, column 2, is a reference to the concentration of alcohol mentioned in the item, column 3, in 100mL of blood or 210L of breath.
Table 4E
column 1
item	column 2
level	column 3
alcohol concentration range	
1	level 1	less than 0.05g	
2	level 2	0.05g or more but less than 0.08g	
3	level 3	0.08g or more but less than 0.15g	
4	level 4	0.15g or more	

9	Section 4D
substitute
4F	Meaning of first offender and repeat offender
	(1)	A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.
	(2)	A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if—
	(a)	the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted or found guilty of the relevant offence when the person committed the disqualifying offence); or
	(b)	the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
	(3)	However, a person who is convicted or found guilty of a disqualifying offence that was committed before the commencement of the Road Transport (Drink Driving) Legislation Amendment Act 2010, section 9, is a repeat offender in relation to the offence only if:
	(a)	the person has been convicted or found guilty of a relevant offence within 5 years before being convicted or found guilty of the disqualifying offence; or
	(b)	the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
	(4)	Subsection (3) and this subsection expire 5 years after the day this section commences.
	(5)	In this section:
relevant offence means—
	(a)	a disqualifying offence; or
	(b)	a corresponding offence; or
	(c)	an offence against the Crimes Act 1900, section 29 (Culpable driving of motor vehicle), in which the person who committed the offence was incapable of having proper control of a vehicle involved in the offence because of the influence of alcohol or a drug on the person.
Note	Found guilty, of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing), (see Legislation Act, dict, pt 1).
10	Sections 5 and 6
substitute
5	Meaning of screening device
In this Act:
screening device means a device prescribed by regulation that is designed to analyse a sample of a person’s breath to indicate if the person’s blood or breath contains the presence of alcohol.
Note	A screening device is used to carry out a screening test (see pt 2).
5A	Meaning of breath analysis instrument
In this Act:
breath analysis instrument means an instrument prescribed by regulation that is designed to analyse a sample of a person’s breath to record the concentration of alcohol in the person’s breath in either or both of the following:
	(a)	in grams per 100mL of blood;
	(b)	in grams per 210L of breath.
Note	A breath analysis instrument is used to carry out breath analysis (see pt 2).
5B	Testing screening devices and breath analysis instruments
	(1)	A regulation may make provision in relation to the testing and maintenance of screening devices and breath analysis instruments.
	(2)	Without limiting subsection (1), a regulation may make provision for approval by the chief police officer of people to test and maintain screening devices and breath analysis instruments.
6	Authorisation of operators
	(1)	The chief police officer may authorise a police officer to carry out breath analysis for this Act.
	(2)	The chief police officer may authorise a police officer only if the chief police officer considers that the police officer is suitably qualified to carry out breath analysis.
6A	Register of authorised operators
	(1)	The chief police officer must keep a register of police officers authorised under section 6.
	(2)	The register—
	(a)	must include the service number of each police officer authorised under section 6; and
	(b)	may include any other information the chief police officer considers appropriate.
	(3)	The register may be kept in the form of, or as part of, 1 or more computer databases or in any other form the chief police officer considers appropriate.
	(4)	The chief police officer may correct any mistake, error or omission in the register subject to any requirements prescribed by regulation.
	(5)	The chief police officer may change a detail included in the register to keep the register up-to-date.
	(6)	The register must be available for public inspection, free of charge, during normal business hours on any business day.
7	Appointment of analysts
The road transport authority may appoint a person as an analyst for this Act.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
7A	Approval of laboratories
The road transport authority may, in writing, approve a laboratory or other entity as an approved laboratory for this Act.
11	Section 11
substitute
11	Detention for breath analysis
	(1)	This section applies if—
	(a)	a person undergoes a screening test under a requirement made by a police officer under section 8, section 9 or section 10 and the screening device used for the test indicates that the concentration of alcohol in the person’s blood or breath is the prescribed concentration; or
	(b)	a person required by a police officer to undergo a screening test under section 8, section 9 or section 10 fails or refuses to undergo the test in accordance with the directions of the police officer.
	(2)	The police officer may take the person into custody.
	(3)	If the police officer has reasonable cause to suspect that the person is a special driver, the police officer may take the person into custody if the concentration of alcohol in the person’s blood or breath is the prescribed concentration for a special driver.
	(4)	If a person is taken into custody under this section, a police officer must take the person, as soon as practicable, to a police station or other convenient place (for example, a police vehicle) for the person to undergo breath analysis.
Example—s (4)
A person who is injured and is taken by a police officer to hospital for first aid and then to a police station for breath analysis has been taken to a police station as soon as practicable.
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).
12	Breath analysis
Section 12 (2)
omit
approved operator
substitute
authorised operator
13	Section 12 (3) (a)
substitute
	(a)	make provision for and in relation to the procedures to be followed by an authorised operator immediately before beginning a breath analysis, during the breath analysis and immediately after the completion of the breath analysis; and
14	Section 12 (3) (b)
omit
approved operator
substitute
authorised operator
15	Section 12 (4)
omit
approved breath analysis instruments
substitute
breath analysis instruments
16	Section 12 (6)
omit
approved operator
substitute
authorised operator
17	Precautions for privacy
Section 13
omit
approved operator
substitute
authorised operator
18	Restrictions on screening tests and breath analyses
Section 14 (1)
omit
approved operator
substitute
authorised operator
19	Taking blood samples from people in custody
Section 15 (1) (b)
omit
an approved breath analysis instrument
substitute
a breath analysis instrument
20	Section 15 (7), (8) and (9)
substitute
	(7)	The doctor or nurse (the sample taker) taking a sample of blood from a person (the tested person) must—
	(a)	take the sample in the presence of a police officer; and
	(b)	place the sample into a container; and 
	(c)	attach a label to the container that includes the following information:
	(i)	the sample taker’s name; 
	(ii)	the tested person’s name; 
	(iii)	the date and time the sample was taken; and
	(d)	ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and
	(e)	put the sealed container into a one-way box.
	(8)	The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.
21	Taking blood samples from people in hospital
Section 15AA (2), (3) and (4)
substitute
	(2)	The person (the sample taker) taking a sample of blood from a patient must—
	(a)	place the sample into a container; and 
	(b)	attach a label to the container that includes the following information:
	(i)	the sample taker’s name; 
	(ii)	the patient’s name; 
	(iii)	the date and time the sample was taken; and
	(c)	ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and
	(d)	put the sealed container into a one-way box.
	(3)	The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.
22	Sections 15A and 15B
substitute
15A	Analysis of blood samples
	(1)	This section applies if, under section 15 or section 15AA—
	(a)	a sample of blood is taken from a person (the tested person) for analysis; and
	(b)	an analyst has collected the sealed container containing the sample from a one-way box.
	(2)	The analyst must, as soon as practicable, arrange for the analysis of the sample of blood at an approved laboratory to work out the concentration of alcohol in the blood.
	(3)	If a police officer has reasonable cause to suspect that the tested person has a medicine or drug other than alcohol in the person’s body, or that the tested person’s behaviour may be affected by the presence of a medicine or drug other than alcohol in the person’s body, the police officer may ask the analyst to work out—
	(a)	whether 1 or more medicines or drugs are present in the sample; and
	(b)	if a medicine or drug is present in the sample—the concentration, quantity or other measurement of the medicine or drug.
	(4)	The analyst must, as far as practicable, comply with the police officer’s request.
	(5)	The analyst must take reasonable care to ensure that a part (the preserved part) of the sample sufficient for analysis to be carried out for the tested person is protected and preserved until—
	(a)	if a request is made under subsection (6)—the preserved part is sent to the laboratory nominated by the tested person; or
	(b)	in any other case—
	(i)	1 year has passed since the sample was taken from the tested person; or
	(ii)	a later time requested by the DPP under section 16B (Keeping of samples—request by DPP).
	(6)	Before the end of the period mentioned in subsection (5) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person’s expense, to a laboratory nominated by the person.
	(7)	If a request is made under subsection (6), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.
15B	Blood analysis statement
	(1)	As soon as practicable after an analysis of a sample of a person’s blood is carried out under section 15A, the chief police officer must ensure the person is given a written statement that includes the following information:
	(a)	the date and the time the blood sample was taken;
	(b)	the unique identifying number on the tamper-evident seal;
	(c)	the place where the blood sample was taken;
	(d)	the result of the analysis;
	(e)	the address where the preserved part of the blood sample is being held;
	(f)	that the person will be notified, in writing, of a request (if any) by the DPP under section 16B (Keeping of samples—request by DPP);
	(g)	that the person may, before the end of the period mentioned in section 15A (5) (b), ask the analyst to send the preserved part of the blood sample to a laboratory nominated by the person, at the person’s expense.
	(2)	In this section:
preserved part—see section 15A (5).
23	Section 16 (2)
before
drug other than alcohol
insert
medicine or
24	Section 16 (7), (8) and (9)
substitute
	(7)	The person (the sample taker) taking a sample from a person (the tested person) under this section must—
	(a)	place the sample into a container; and 
	(b)	attach a label to the container that includes the following information:
	(i)	the sample taker’s name; 
	(ii)	the patient’s name; 
	(iii)	the date and time the sample was taken; and
	(c)	ensure that the container is sealed with a tamper-evident seal that has a unique identifying number marked on it; and
	(d)	put the sealed container into a one-way box.
	(8)	The chief police officer must, as soon as practicable, arrange for the container to be collected from the one-way box by an analyst.
25	Section 16A
substitute
16A	Analysis of body samples
	(1)	This section applies if, under section 16—
	(a)	a body sample is taken from a person (the tested person) for analysis; and
	(b)	an analyst has collected the sealed container containing the sample from a one-way box.
	(2)	The analyst must, as soon as practicable, arrange for the analysis of the sample at an approved laboratory to work out, as far as practicable—
	(a)	whether any medicine or drug other than alcohol was present in the person’s body when the sample was taken; and
	(b)	if the sample is of the person’s blood—the concentration, quantity or other measurement of a medicine or drug, other than alcohol, in the blood.
	(3)	The analyst must take reasonable care to ensure that a part (the preserved part) of the sample sufficient for analysis to be carried out for the tested person is protected and preserved until—
	(a)	if a request is made under subsection (4)—the preserved part is sent to the laboratory nominated by the tested person; or
	(b)	in any other case—
	(i)	1 year has passed since the sample was taken from the tested person; or
	(ii)	a later time requested by the DPP under section 16B (Keeping of samples—request by DPP).
	(4)	Before the end of the period mentioned in subsection (3) (b), the tested person may ask that the preserved part of the sample be sent, at the tested person’s expense, to a laboratory nominated by the person.
	(5)	If a request is made under subsection (4), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.
16B	Keeping of samples—request by DPP
	(1)	This section applies if—
	(a)	1 year has passed since a sample of blood or a body sample was taken from a person (the tested person) under this part; and
	(b)	the preserved part of the sample has not been sent to a nominated laboratory under section 15A (7) or section 16A (5); and
	(c)	a proceeding against the tested person—
	(i)	has not yet begun; or
	(ii)	has begun and not yet been finally decided (including any appeals). 
	(2)	The DPP may ask the approved laboratory where the analysis was carried out to keep the preserved part of the sample until the end of the proceeding (including any appeals).
	(3)	In this section:
preserved part—see section 16A (3).
16C	Destruction of samples
	(1)	This section applies to the part of a sample preserved under section 15A (5) (Analysis of blood samples) or section 16A (3) (Analysis of body samples).
	(2)	An analyst must arrange for the preserved part to be destroyed after the end of the period for which the preserved part must be kept under section 15A (5) (b) or section 16A (3) (b).
26	Protection of police officers and medical staff
Section 18 (3) (a)
omit
approved operator
substitute
authorised operator
27	Section 19
substitute
19	Prescribed concentration of alcohol in blood or breath
	(1)	A person commits an offence if the person—
	(a)	has been the driver of a motor vehicle on a public street or in a public place; and
	(b)	has, within the relevant period, the prescribed concentration of alcohol in the person’s blood or breath.
	(2)	A person convicted of an offence under this section is punishable in accordance with section 26.
	(3)	In a proceeding for an offence against subsection (1), evidence may be given of the concentration of alcohol in the person’s blood or breath based on—
	(a)	for proof of the concentration of alcohol in the person’s blood or breath—an analysis of a sample of the person’s breath carried out in accordance with this Act; or
	(b)	for proof of the concentration of alcohol in the person’s blood—an analysis of a sample of the person’s blood carried out at an approved laboratory and certified accurate by an analyst.
	(4)	In this section:
relevant period means the period beginning when the person ceased to be the driver of the vehicle and ending at the latest time when—
	(a)	a breath analysis of the person could be carried out under this Act; or
	(b)	if a sample of the person’s blood was taken under section 15 or section 15AA—a sample of the person’s blood could be taken under the section.
28	Defence if person did not intend to drive motor vehicle
Section 21 (b)
substitute
	(b)	the person did not intend to drive the motor vehicle until a time when the concentration of alcohol in the person’s blood or breath was no longer the prescribed concentration for the person.
29	New section 21A
insert
21A	Defence if special driver with lower concentration of alcohol from allowable source
	(1)	This section applies if—
	(a)	a person is a special driver charged with an offence against section 19; and
	(b)	the concentration of alcohol in the person’s blood or breath is not more than 0.02g in 100mL of the person’s blood or 210L of the person’s breath.
	(2)	It is a defence to a prosecution for the offence if the defendant proves that the concentration of alcohol in the defendant’s blood or breath was caused by—
	(a)	the consumption of an alcoholic beverage that formed part of a religious observance; or
	(b)	the consumption or use of a substance that was not, entirely or partly, consumed or used for its alcohol content.
Example—substance
food or medicine that contains alcohol
Note 1	A defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
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 Legislation Act, s 126 and s 132).
30	Fines and imprisonment—s 19 offences
Section 26
after
person’s blood
insert
or breath
31	Table 26, column 2 heading
substitute
column 2
alcohol
concentration level
32	Sections 29 and 30
omit
33	Automatic driver licence disqualification—first offenders, s 19
Section 32
after
person’s blood
insert
or breath
34	Table 32, column 2 heading
substitute
column 2
alcohol
concentration level
35	Automatic driver licence disqualification—repeat offenders, s 19
Section 33
after
person’s blood
insert
or breath
36	Table 33, column 2 heading
substitute
column 2
alcohol
concentration level
37	New section 35
insert
35	Automatic driver licence disqualification—immediate suspension period
	(1)	This section applies to a person if the person—
	(a)	is given an immediate suspension notice; and
	(b)	is convicted or found guilty of the immediate suspension offence to which the notice relates; and
	(c)	is disqualified under this part from holding or obtaining a driver licence.
	(2)	The period for which the person is disqualified from holding or obtaining a driver licence under this part (including any period of minimum disqualification under section 32 or section 33) is reduced by the period that the person’s driver licence was suspended under the Road Transport (General) Act 1999, section 61A.
	(3)	However, subsection (2) does not apply if, on hearing the charge for the immediate suspension offence, a court is satisfied that the person did not comply with the immediate suspension notice. 
	(4)	In this section:
immediate suspension notice—see the Road Transport (General) Act 1999, dictionary.
immediate suspension offence—see the Road Transport (General) Act 1999, dictionary.
38	Additional powers of court
Section 38
omit
39	Certificate of evidence
Section 41 (1) (a) (i)
omit
approved operator
substitute
authorised operator
40	Section 41 (1) (a) (ii)
omit
an approved breath analysis instrument
substitute
a breath analysis instrument
41	Section 41 (1) (a) (iv) and (ix)
omit
approved breath analysis instrument
substitute
breath analysis instrument
42	Section 41 (1) (b) (i)
omit
approved operator
substitute
authorised operator
43	Section 41 (1) (b) (ii)
omit
an approved breath analysis instrument
substitute
a breath analysis instrument
44	Section 41 (1) (b) (iv)
omit
approved breath analysis instrument
substitute
breath analysis instrument
45	Section 41 (1) (c)
omit
an approved breath analysis instrument
substitute
a breath analysis instrument
46	Section 41 (1) (d)
substitute
	(d)	a certificate that appears to be signed by a person who is a doctor or nurse and states the following is evidence of the matter:
	(i)	that the person is a doctor or nurse; 
	(ii)	that the person took a sample of blood or other body sample from a person mentioned in the certificate (the relevant person) on a stated day, at a stated time, in a stated place; 
	(iii)	that the person placed the sample of blood or other body sample into a container;
	(iv)	that the person attached a label to the container that contained the following information:
	(A)	the person’s name; 
	(B)	the relevant person’s name; 
	(C)	the date and time the sample was taken; 
	(v)	that the person sealed the container with a tamper-evident seal that had a stated unique identifying number on it;
	(vi)	that the person placed the sealed container into a one-way box;
	(vii)	if the sample was taken under section 15—that, when the sample was taken, the person believed that the relevant person was, at that time, because of the relevant person’s medical condition, incapable of giving or refusing permission to take a sample of blood.
47	Section 41 (1) (f)
omit
48	Section 41 (1) (h)
substitute
	(h)	a certificate that appears to be signed by a person who is an analyst and states the following is evidence of the matter:
	(i)	that the person is an analyst;
	(ii)	that a blood sample or body sample (the analysed sample) was analysed at an approved laboratory;
	(iii)	that the analysed sample was in a container—
	(A)	labelled in accordance with section 15 (7) (Taking blood samples from people in custody), section 15AA (2) (Taking blood samples from people in hospital) or section 16 (7) (Medical examinations); and
	(B)	sealed with a tamper-evident seal marked with a stated unique identifying number; 
	(iv)	that the tamper-evident seal did not appear to have been interfered with; 
	(v)	the analysis to which the analysed sample was subjected;
	(vi)	the result of the analysis; 
	(vii)	that the analysis was accurate.
49	Effect of noncompliance—analysis of breath or blood
Section 42 (1)
after
provision
insert
(a testing provision)
50	Section 42 (2)
substitute
	(2)	The court must dismiss the charge unless satisfied that despite the failure to comply with a testing provision the result obtained in the breath analysis, or the blood sample analysis, would have been the prescribed concentration for the person.
51	Effect of noncompliance—analysis of body sample
Section 42A (1)
after
provision
insert
(a testing provision)
52	Section 42A (2)
omit
the provision of this Act mentioned in subsection (1)
substitute
the testing provision
53	Effect of noncompliance—refusal to give sample of breath
Section 42B (1)
after
provision
insert
(a testing provision)
54	Section 42B (2)
substitute
	(2)	The court must dismiss the charge unless satisfied that despite the failure to comply with a testing provision the result obtained in a breath analysis, if it had taken place, would have been the prescribed concentration for the person.
55	Rehabilitation programs
Part 8
omit
56	Power of arrest
Section 45
omit
an approved screening device
substitute
a screening device
57	Penalty for escaping from custody
Section 46
omit
58	New part 21
insert
Part 21	Transitional—Road Transport (Drink Driving) Legislation Amendment Act 2010
105	Meaning of commencement day—pt 21
	(1)	In this part:
commencement day means the day the Road Transport (Drink Driving) Legislation Amendment Act 2010, section 10 commences.
	(2)	This section expires 6 months after the day it commences.
106	Approved operator—authorisation in force before commencement day
	(1)	This section applies if—
	(a)	before the commencement day, the chief police officer authorised a police officer under section 6 (1) (Approval of operators, analysts and laboratories) to carry out breath analysis; and
	(b)	immediately before the commencement day the authorisation was in force.
	(2)	The police officer is taken to be an authorised officer for this Act for 6 months starting on the commencement day unless the authorisation is earlier ended.
	(3)	This section expires 6 months after the day it commences.
107	Approved analyst—appointment in force before commencement day
	(1)	This section applies if—
	(a)	before the commencement day, the Minister appointed a person as an approved analyst under section 6 (2) (Approval of operators, analysts and laboratories); and
	(b)	immediately before the commencement day the appointment was in force.
	(2)	The appointment is taken to be an appointment under section 7 (Appointment of analysts) and continues in force for 6 months starting on the commencement day unless earlier ended.
	(3)	This section expires 6 months after the day it commences.
108	Approved laboratory—approval in force before commencement day
	(1)	This section applies if—
	(a)	before the commencement day, the Minister approved a laboratory or other entity (however described) under section 6 (3) (Approval of operators, analysts and laboratories) as an approved laboratory; and
	(b)	immediately before the commencement day the approval was in force.
	(2)	The approval is taken to be an approval under section 7A (Approval of laboratories) and continues in force for 6 months starting on the commencement day unless earlier ended.
	(3)	This section expires 6 months after the day it commences.
109	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Road Transport (Drink Driving) Legislation Amendment Act 2010.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
110	Expiry—pt 21
	(1)	This part expires 2 years after the day it commences.
	(2)	This part is a law to which the Legislation Act, section 88 (repeal does not end effect of transitional laws etc) applies.
59	Dictionary, new definition of analyst
insert
analyst means a person appointed by the road transport authority under section 7.
60	Dictionary, definitions of approved analyst and approved breath analysis instrument
omit
61	Dictionary, definition of approved laboratory
substitute
approved laboratory means a laboratory or other entity approved by the road transport authority under section 7A.
62	Dictionary, definitions of approved operator and approved screening device
omit
63	Dictionary, new definition of authorised operator
insert
authorised operator means a police officer whose service number is included in the register kept under section 6A.
64	Dictionary, definition of breath analysis
omit
means of an approved breath analysis instrument
substitute
a breath analysis instrument
65	Dictionary, new definition of breath analysis instrument
insert
breath analysis instrument—see section 5A.
66	Dictionary, definition of first offender
omit
section 4D
substitute
section 4F
67	Dictionary, new definition of heavy vehicle
insert
heavy vehicle—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
68	Dictionary, definition of level
substitute
level, for a concentration of alcohol in blood or breath—see section 4E.
69	Dictionary, new definition of medicine
insert
medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.
70	Dictionary, definition of prescribed concentration
substitute
prescribed concentration means—
	(a)	for a special driver—see section 4C (a); and
	(b)	for any other person—see section 4C (b).
71	Dictionary, definition of repeat offender
omit
section 4D
substitute
section 4F
72	Dictionary, new definition of screening device
insert
screening device—see section 5.
73	Dictionary, definition of screening test
omit
means of an approved screening device
substitute
a screening device
74	Legislative instruments repealed
All legislative instruments under the Road Transport (Alcohol and Drugs) Act 1977, section 6 are repealed.

Part 3	Road Transport (Alcohol and Drugs) Regulation 2000
75	Legislation amended—pt 3
This part amends the Road Transport (Alcohol and Drugs) Regulation 2000.
76	New sections 2 and 3
insert
2	Screening device—Act, s 5, def screening device
The following devices are prescribed:
	(a)	Alcolizer LE;
	(b)	lion alcolmeter SD-400.
3	Breath analysis instrument—Act, s 5A, def breath analysis instrument
The Dräger Alcotest 7110 MKV is prescribed.
77	Schedule 1 heading
substitute
Schedule 1	Particulars for breath analysis carried out using a Dräger Alcotest 7110 MKV
78	Schedule 1, item 5
omit
approved operator
substitute
authorised operator

Part 4	Road Transport (Driver Licensing) Act 1999
79	Legislation amended—pt 4
This part amends the Road Transport (Driver Licensing) Act 1999.
80	New section 28 (2) (s)
insert
	(s)	require a person convicted or found guilty of a disqualifying offence against the Road Transport (Alcohol and Drugs) Act 1977 to complete a course approved by the road transport authority about the effects of alcohol, including its effects on driving and health.

Part 5	Road Transport (Driver Licensing) Regulation 2000
81	Legislation amended—pt 5
This part amends the Road Transport (Driver Licensing) Regulation 2000.
82	Section 45 (2), notes 1 and 2
substitute
Note 1	A person is not eligible to apply for a restricted licence if any of the following provisions of the Road Transport (General) Act 1999 apply to the person:
·	s 66A (which is about disqualification in another jurisdiction)
·	s 67 (which is about disqualification of repeat offenders)
·	s 67A (2) (which is about disqualification of a first offender, under the Road Transport (Alcohol and Drugs) Act 1977, who exceeds the prescribed concentration of alcohol for the person by 0.05g or more)
·	s 67B (which is about disqualification until a court orders otherwise)
·	s 67C (which is about disqualification while holding a restricted licence)
·	s 88 (4) (which is about suspension or disqualification for default in payment of an outstanding fine).
Note 2	Under the Road Transport (General) Act 1999, s 67A (4) and (5), a person disqualified from holding a driver licence under an automatic disqualification provision (see Road Transport (General) Act 1999, s 61A), other than as a first offender under the Road Transport (Alcohol and Drugs) Act 1977, is not eligible to apply for a restricted licence during the minimum period of disqualification.
83	Driver licence condition codes
Table 10, item 8
substitute
8	The licence holder must not drive a motor vehicle if the holder has a concentration of alcohol of more than 0g in 100mL of blood or 210L of breath.	Z	
84	Section 20 (6), note
omit
85	Section 21 (1), new definition of driving supervisor
insert
driving supervisor means a person, other than a driving instructor, who holds a full car licence, or a full licence of a higher class, and who is performing driver instruction.
86	Section 21 (4)
omit
person who holds a full car licence or a full licence of a higher class
substitute
driving supervisor
87	Section 21 (5)
omit
person
substitute
driving supervisor
88	Section 21 (6), note
omit
89	Section 36A (3), note 3
omit
90	Section 37A (3), note 3
omit
91	Section 49 (3), note
omit
92	Section 49 (3), new note
insert
Note 	Under s 73E (2), the road transport authority must not issue a restricted licence to a person required to complete an alcohol awareness course unless the person has given the authority written evidence that the person has completed the course.
93	Section 52 (3), new note
insert
Note	Under s 73D (3), the road transport authority must not issue a probationary licence to a person whose driver licence has been disqualified as a consequence of a conviction, or finding of guilt, for an offence against the Road Transport (Alcohol and Drugs) Act 1977 if the person has not given the authority written evidence that the person has completed an alcohol awareness course.
94	Section 54, note 2
omit
95	Section 63 (3), note 2
omit
96	New division 3.13
insert
Division 3.13	Alcohol awareness courses
73A	Application—div 3.13
This part applies to a person who commits a disqualifying offence on or after the day the Act, section 28 (2) (s) commences.
73B	Definitions—div 3.13
In this division:
alcohol awareness course means a course approved under section 73I (Alcohol awareness course—approval). 
disqualifying offence—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
73C	Requirement to complete alcohol awareness course—person not disqualified
	(1)	This section applies to a person who—
	(a)	is found guilty of a disqualifying offence; and
	(b)	is not disqualified from holding or obtaining a driver licence; and
	(c)	has not completed an alcohol awareness course within the previous 12 months.
	(2)	The person must complete an alcohol awareness course within 6 months after being found guilty of the disqualifying offence.
	(3)	If the person does not complete an alcohol awareness course and give the road transport authority written evidence to that effect within the 6-month period, the authority must suspend the person’s driver licence.
	(4)	However, the road transport authority must end the suspension if the authority receives written evidence that the person has completed an alcohol awareness course.
73D	Requirement to complete alcohol awareness course—person disqualified and not eligible for restricted licence 
	(1)	This section applies to a person who—
	(a)	is convicted or found guilty of a disqualifying offence; and
	(b)	is disqualified from holding or obtaining a driver licence; and
	(c)	is not eligible to apply for, or be issued with, a restricted licence; and 
	(d)	has not completed an alcohol awareness course within the previous 12 months.
	(2)	The person must complete an alcohol awareness course before the end of the period of disqualification.
	(3)	Despite section 52 (3) (When probationary licence must be issued), if the person does not complete an alcohol awareness course and give the road transport authority written evidence to that effect before the end of the period of disqualification, the authority must not issue a probationary licence to the person.
	(4)	However, the road transport authority must issue a probationary licence to the person if the authority receives written evidence that the person has completed an alcohol awareness course after the end of the disqualification period.
73E	Requirement to complete alcohol awareness course—person disqualified and eligible for restricted licence
	(1)	This section applies to a person if—
	(a)	the person is convicted or found guilty of a disqualifying offence; and
	(b)	the person is disqualified from holding or obtaining a driver licence; and
	(c)	the Magistrates Court has made an order authorising the road transport authority to issue a restricted licence to the person; and
	(d)	the person has not completed an alcohol awareness course within the previous 12 months.
	(2)	Despite section 49 (Issue of restricted licence by road transport authority), the road transport authority must not issue a restricted licence to the person unless the person has completed an alcohol awareness course and given the road transport authority written evidence to that effect.
73F	Requirement to complete alcohol awareness course—person no longer disqualified and eligible for provisional licence
	(1)	This section applies to a person if—
	(a)	the person was convicted or found guilty of a disqualifying offence; and
	(b)	the person was disqualified from holding or obtaining a driver licence for the offence; and
	(c)	the Magistrates Court made an order authorising the road transport authority to issue a restricted licence to the person for the period of disqualification; and
	(d)	the person—
	(i)	did not apply for, or was not issued with, a restricted licence; and
	(ii)	is eligible to apply for, or be issued with, a provisional licence because the person is no longer disqualified from holding or obtaining a provisional driver licence; and
	(iii)	has not completed an alcohol awareness course within the previous 12 months.
	(2)	Despite section 52 (3) (When probationary licence must be issued), the road transport authority must not issue a probationary licence to the person unless the person has completed an alcohol awareness course and given the road transport authority written evidence to that effect.
73G	Exemption from alcohol awareness course—application
	(1)	The road transport authority may, on application, grant a person an exemption from the requirement to complete an alcohol awareness course because of exceptional circumstances.
	(2)	The road transport authority may, in writing, require the applicant to give the authority additional information or documents that the authority reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement under subsection (2), the road transport authority may refuse to consider the application.
73H	Exemption from alcohol awareness course—decision on application
	(1)	On an application by a person for an exemption from the requirement to attend an alcohol awareness course, the road transport authority must—
	(a)	grant the exemption; or
	(b)	refuse to grant the exemption.
	(2)	The road transport authority must refuse to grant the exemption if satisfied on reasonable grounds that exceptional circumstances do not exist for granting the exemption.
73I	Alcohol awareness course—approval
	(1)	The road transport authority may approve a course (an alcohol awareness course) about the effects of alcohol, including its effects on driving and health. 
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
97	New section 87 (1) (p)
before the note, insert
	(p)	the person has failed to complete an alcohol awareness course as required under section 73C (Requirement to complete alcohol awareness course—person not disqualified).
98	Dictionary, new definitions
insert
alcohol awareness course, for division 3.13 (Alcohol awareness courses)—see section 73B. 
disqualifying offence, for division 3.13 (Alcohol awareness courses)—see section 73B.

Part 6	Road Transport (General) Act 1999
99	Legislation amended—pt 6
This part amends the Road Transport (General) Act 1999.
100	Sections 58 and 58A
substitute
58	Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
	(1)	A police officer or authorised person may, in the execution of any of his or her functions under the road transport legislation, require the driver of a vehicle, or the rider of an animal, to do any or all of the following:
	(a)	for the driver of a motor vehicle—produce the person’s Australian driver licence or external driver licence;
	(b)	state the person’s name;
	(c)	state the person’s date of birth;
	(d)	state the person’s home address.
	(2)	A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (1).
Maximum penalty: 20 penalty units.
Note	It is an offence to produce false or misleading documents (see Criminal Code, s 339).
	(3)	It is a defence to a prosecution for an offence against subsection (1) (a) if the defendant—
	(a)	is not the driver of a heavy vehicle, or heavy combination, when required to produce the licence; and
	(b)	has a reasonable excuse for failing to produce the licence when required to do so; and
	(c)	within 3 days after being required to produce the licence, produces the licence at a place prescribed by regulation or as directed by the police officer or authorised person.
Note 	A defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
58A	Police officer or authorised person may require name, date of birth, address and driver licence—supervisor, instructor or assessor
	(1)	This section applies if—
	(a)	a driving supervisor or driving instructor is with the holder of a learner car licence (a learner driver) for the purposes of driver instruction from the supervisor or instructor while the learner driver drives a motor vehicle that displays, or ought to display, L‑plates on a road or road related area; or
	(b)	a driving instructor or heavy vehicle driver assessor is with a driver for the purposes of driver assessment from the instructor or assessor.
	(2)	A police officer or authorised person may require the driving supervisor, driving instructor or heavy vehicle driver assessor to do any or all of the following:
	(a)	produce the person’s Australian driver licence;
	(b)	state the person’s name;
	(c)	state the person’s date of birth;
	(d)	state the person’s home address.
	(3)	A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (2).
Maximum penalty: 20 penalty units.
Note	It is an offence to produce false or misleading documents (see Criminal Code, s 339).
	(4)	It is a defence to a prosecution for an offence against subsection (2) (a) if the defendant—
	(a)	is a driving supervisor, driving instructor or heavy vehicle driver assessor when required to produce the licence; and
	(b)	has a reasonable excuse for failing to produce the licence when required to do so; and
	(c)	within 3 days after being required to produce the licence, produces the licence at a place prescribed by regulation or as directed by the police officer or authorised person.
Note 	A defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).
	(5)	In this section:
driver assessment—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
driver instruction—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
driving instructor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
driving supervisor—see the Road Transport (Driver Licensing) Regulation 2000, section 21 (1).
heavy vehicle driver assessor—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
101	Division 4.2 heading
substitute
Division 4.2	Licence suspension, disqualification and related matters
61A	Definitions—div 4.2
In this division:
automatic disqualification provision means any of the following provisions:
	(a)	section 62 (Automatic disqualification for culpable driving);
	(b)	section 63 (Automatic disqualification for certain other driving offences);
	(c)	Road Transport (Alcohol and Drugs) Act 1977, section 32 (which is about automatic disqualification of first offender drivers for exceeding the prescribed blood alcohol concentration);
	(d)	Road Transport (Alcohol and Drugs) Act 1977, section 33 (which is about automatic disqualification of repeat offender drivers for exceeding the prescribed blood alcohol concentration);
	(e)	Road Transport (Alcohol and Drugs) Act 1977, section 34 (which is about automatic disqualification for other offences against that Act);
	(f)	Road Transport (Driver Licensing) Act 1999, section 31 (3) (which is about automatic disqualification for repeat offenders for driving while not holding (and never having held) an Australian driver licence);
	(g)	Road Transport (Driver Licensing) Act 1999, section 32 (5) (which is about automatic disqualification for an offence of driving or fraudulently applying for a driver licence while disqualified, or after licence suspension, cancellation or refusal).
immediate suspension notice (or suspension notice) means a notice under section 61B given to a person for an immediate suspension offence.
immediate suspension offence (or suspension offence) means an offence against any of the following provisions of the Road Transport (Alcohol and Drugs) Act 1977 in the circumstances (if any) mentioned for the provision:
	(a)	section 19 (Prescribed concentration of alcohol in blood or breath), if the person to whom the offence relates is—
	(i)	a special driver with a concentration of alcohol in the person’s blood or breath that is 0.05g or more per 100mL of blood or 210L of breath; or
	(ii)	a driver, other than a special driver, with a concentration of alcohol in the person’s blood or breath that is 0.1g or more per 100mL of blood or 210L of breath;
	(b)	section 22 (Refusing to provide breath sample);
	(c)	section 23 (Refusing blood test etc);
	(d)	section 24 (Driving under the influence of intoxicating liquor or a drug);
	(e)	an offence prescribed for paragraph (e) of the definition of disqualifying offence in the Road Transport (Alcohol and Drugs) Act 1977, dictionary, by regulation under that Act.
special driver—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
suspension notice—see immediate suspension notice.
suspension offence—see immediate suspension offence.
61B	Immediate suspension of licence
	(1)	If a police officer believes on reasonable grounds that a person has committed an immediate suspension offence, the police officer must give the person an immediate suspension notice for the offence.
	(2)	A suspension notice must include the following information:
	(a)	a unique identifying number;
	(b)	the date and time the notice is given;
	(c)	the full name, or surname and initials, and home address of the person;
	(d)	particulars of the suspension offence to which the notice relates and, if the offence is against the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed concentration of alcohol in blood or breath), the quantity of alcohol alleged to be present in the person’s blood or breath;
	(e)	the service number of the police officer who gave the suspension notice;
	(f)	a statement telling the person that while the notice is in effect—
	(i)	the notice suspends the person’s driver licence; and
	(ii)	the person’s driver licence must be surrendered to a police officer in accordance with the requirements of the notice; and
	(iii)	the person must not drive a vehicle in the ACT; and
	(iv)	the person is not eligible to apply for a driver licence; and
	(v)	the person has a right to apply to the Magistrates Court for a stay of the suspension notice;
	(g)	a statement telling the person that the notice ceases to have effect if any of the circumstances mentioned in subsection (5) apply;
	(h)	anything else prescribed by regulation.
	(3)	A suspension notice takes effect as soon as it is served on the person.
	(4)	The following provisions apply if a person is served with a suspension notice:
	(a)	the person’s driver licence is suspended;
	(b)	the person must surrender to a police officer the person’s driver licence or, if the person is unable to do so at the time, the person must surrender the licence as soon as practicable in accordance with the terms of the suspension notice;
	(c)	the person must not drive a vehicle in the ACT;
	(d)	the person is not entitled to apply for, or be issued with, a restricted licence during the suspension period.
	(5)	A suspension notice ceases to have effect if—
	(a)	the Magistrates Court orders a stay of the notice; or
	(b)	the proceeding for the offence is withdrawn or discontinued; or
	(c)	the suspension offence for which the suspension notice was issued is found proved, dismissed or taken into account by a court.
61C	Failure to surrender suspended licence
	(1)	A person commits an offence if the person fails to surrender the person’s driver licence when required to do so under section 61B (4) (b).
Maximum penalty:  20 penalty units.
	(2)	An offence against this section is a strict liability offence.
61D	Surrendered licences
	(1)	This section applies if a driver licence is surrendered to a police officer under section 61B.
	(2)	The police officer must give the licence to the road transport authority as soon as practicable (but within 14 days) after the licence is surrendered to the police officer.
61E	Application for stay of suspension notice
	(1)	A person may apply to the Magistrates Court for a stay of the operation of a suspension notice.
	(2)	The application may be made by filing the following documents not later than 28 days after the day the applicant was served with the suspension notice:
	(a)	a notice setting out the grounds of the application;
	(b)	an affidavit in support of the application.
	(3)	The registrar must, as soon as practicable after the application is filed, set a hearing date for the application.
	(4)	The chief police officer must file a summary of the prosecution case including a brief summary of the evidence against the applicant not later than 10 days after the day the chief police officer was given the documents mentioned in subsection (2).
	(5)	The registrar must, as soon as practicable after the chief police officer has filed any documents under subsection (4), give—
	(a)	the applicant a copy of the documents filed by the chief police officer under subsection (4); and
	(b)	the applicant and the chief police officer notice in writing of the time and place of the hearing of the application.
	(6)	Despite any error in a notice under subsection (5) or a failure to give notice under that subsection, the court may hear and decide the application if it is satisfied that the parties—
	(a)	knew about the time and place of the hearing; and
	(b)	were not prejudiced by the error or failure.
61F	Deciding application
	(1)	The Magistrates Court may hear and decide an application under section 61E and may make an order—
	(a)	confirming the decision to give the applicant an immediate suspension notice; or
	(b)	staying the operation of the suspension notice; or
	(c)	any other order the court considers appropriate.
	(2)	However, in deciding an application under section 61E, the court must not make an order staying the operation of a suspension notice unless the court is satisfied that exceptional circumstances justify making the order.
	(3)	The court must take into account the following matters when deciding if exceptional circumstances justify making an order under subsection (1) (b):
	(a)	the risk to the safety of other road users;
	(b)	the applicant’s need for a licence;
	(c)	the strength of the prosecution case against the applicant;
	(d)	any other matter the court considers relevant.
	(4)	However, when deciding a person’s application under section 61E the court must not decide—
	(a)	the guilt or innocence of the person for the offence to which the suspension notice relates; or
	(b)	the imposition or level of a penalty for the offence.
102	Section 64
substitute
64	Court may order disqualification for other offences
	(1)	A court that convicts a person, or finds a person guilty, of an offence against the road transport legislation may disqualify the person from holding or obtaining a driver licence for the period the court considers appropriate.
	(2)	However, if the offence is an offence against an automatic disqualification provision, any order under subsection (1) is subject to the automatic disqualification period for the offence.
	(3)	If the court disqualifies the person, the person is disqualified from holding or obtaining a driver licence for the period ordered by the court.
	(4)	A disqualification under this section is in addition to any penalty imposed for the offence.
Note	A court may also order that a driver is disqualified from obtaining or holding an Australian driver licence under the Road Transport (Mass, Dimensions and Loading) Act 2009, s 204.
103	Effect of disqualification
Section 66 (6) and (7)
substitute
	(6)	Subject to any other provision of this division, a person who is disqualified from holding or obtaining a driver licence is not eligible to apply for, or be issued with, another driver licence, other than a restricted licence, during the period of disqualification.
Note 1	Sections 66A to 67C affect the eligibility of a person to apply for or be issued with a restricted licence.
Note 2	The following provisions of the road transport legislation also contain limitations on the issue of restricted licences:
	s 45 (3) (which is about suspension for nonpayment of an infringement notice)
	s 88 (4) (which is about suspension or disqualification for default in payment of an outstanding fine)
	the Road Transport (Driver Licensing) Act 1999, s 18 (4), s 19 (7), s 20 (3) and s 21 (7) (which are about suspension or licence ineligibility under the demerit points system)
	the Road Transport (Driver Licensing) Act 1999, s 33 (5) (which is about cancellation of a restricted licence because of contravention of its conditions)
	the Road Transport (Driver Licensing) Regulation 2000.
66A	Person disqualified in another jurisdiction not eligible for restricted licence
	(1)	This section applies to a person if the person is disqualified from holding or obtaining an Australian driver licence in another jurisdiction.
	(2)	The person is not eligible to apply for, or be issued with, a restricted licence during the period of disqualification.
104	Section 67
substitute
67	Disqualified repeat offender not eligible for restricted licence—automatic disqualification provisions
	(1)	This section applies to a person if the person is—
	(a)	disqualified from holding or obtaining a driver licence under an automatic disqualification provision; and
	(b)	a repeat offender for the offence to which the disqualification relates.
	(2)	The person is not eligible to apply for, or be issued with, a restricted driver licence during the period of disqualification.
67A	Eligibility of disqualified first offender for restricted licence—automatic disqualification provisions
	(1)	This section applies to a person if the person is—
	(a)	disqualified from holding or obtaining a driver licence under an automatic disqualification provision; and
	(b)	a first offender for the offence to which the disqualification relates.
	(2)	Subsection (3) applies to the person if—
	(a)	the person is disqualified from holding or obtaining a driver licence under the Road Transport (Alcohol and Drugs) Act 1977, section 32 (Automatic driver licence disqualification—first offenders, s 19) because the person was convicted or found guilty of an offence against that Act, section 19; and
	(b)	when the person committed the offence the person was either—
	(i)	a special driver with a concentration of alcohol of 0.05g or more in 100mL of the person’s blood or 210L of the person’s breath; or
	(ii)	a driver other than a special driver with a concentration of alcohol of 0.1 g or more in 100mL of the person’s blood or 210L of the person’s breath when the person committed the offence.
	(3)	The person is not eligible to apply for, or be issued with, a restricted licence during the period of disqualification.
	(4)	Subsection (5) applies to the person if the person is disqualified from holding or obtaining a driver licence under an automatic disqualification provision, other than the Road Transport (Alcohol and Drugs) Act 1977, section 32.
	(5)	The person is not eligible to apply for, or be issued with, a restricted licence until the end of the minimum period of disqualification applying to the person under the automatic disqualification provision in relation to the offence (whether or not the period is expressed to be such a minimum period).
Examples—minimum periods of disqualification
1	For s 62, the minimum period of disqualification is 6 months (see s 62 (1) (a)).
2	For the Road Transport (Alcohol and Drugs) Act 1977, s 34, the minimum period of disqualification is 6 months (see that Act, s 34 (1) (b)).
3	For the Road Transport (Driver Licensing) Act 1999, s 32 (1), (2) or (3), the minimum period of disqualification is 12 months (see that Act, s 32 (5) (a)).
Note 1	The Road Transport (Alcohol and Drugs) Act 1977, s 32 applies to first offenders and only applies for this section if the offender has a limited concentration of alcohol in his or her blood or breath.  That Act, s 33, applies to repeat offenders.
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 Legislation Act, s 126 and s 132).
	(6)	In this section:
special driver—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
67B	Person disqualified until court order not eligible for restricted licence
	(1)	This section applies to a person if the person is disqualified from holding or obtaining a driver licence under section 65 (Disqualification until court order).
	(2)	The person is not eligible to apply for, or be issued with, a restricted licence during the period of disqualification.
67C	Disqualification while holder of restricted licence
	(1)	This section applies to a person who is the holder of a restricted licence and is disqualified (whether or not by court order) from holding or obtaining a driver licence because of being convicted or found guilty by a court in Australia of an offence against the law of any jurisdiction.
	(2)	The person is not eligible to apply for, or be issued with, another restricted licence for the remainder of the period for which the person was originally disqualified from holding or obtaining a driver licence.
105	Dictionary, new definitions
insert
automatic disqualification provision, for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A.
immediate suspension notice (or suspension notice), for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A.
immediate suspension offence (or suspension offence), for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A.
special driver, for division 4.2 (Licence suspension, disqualification and related matters)—see section 61A.
suspension notice—see immediate suspension notice.
suspension offence—see immediate suspension offence.

Part 7	Road Transport (General) Regulation 2000
106	Legislation amended—pt 7
This part amends the Road Transport (General) Regulation 2000.
107	Schedule 1, part 1.1
omit
108	Schedule 1, part 1.4, new item 19A
insert
19A	73H (1) (b)	road transport authority—refuse to grant exemption from requirement to attend alcohol awareness course 	

Part 8	Road Transport (Offences) Regulation 2005
109	Legislation amended—pt 8
This part amends the Road Transport (Offences) Regulation 2005.
110	Schedule 1, part 1.3, items 10 to 12
substitute
10	23 (2)					
10.1	·	first offender	behave in manner so impossible/impractical for blood sample to be taken—first offender	30 pu/6 months prison/both			
10.2	·	repeat offender	behave in manner so impossible/impractical for blood sample to be taken—repeat offender	30 pu/12 months prison/both			
11	23 (3) (a)					
11.1	·	first offender	fail/refuse to submit to medical examination—first offender	30 pu/6 months prison/both			
11.2	·	repeat offender	fail/refuse to submit to medical examination—repeat offender	30 pu/12 months prison/both			
12	23 (3) (b)					
12.1	·	first offender	fail/refuse to give/permit taking of body sample—first offender	30 pu/6 months prison/both			
12.2	·	repeat offender	fail/refuse to give/permit taking of body sample —repeat offender	30 pu/12 months prison/both			
111	Schedule 1, part 1.3, item 15
omit
112	Schedule 1, part 1.6, items 11 and 12
substitute
11	21 (5) (a)	driving supervisor not supervise learner driver	20	99		
12	21 (5) (b)	driving supervisor not take precautions to prevent contravention by learner driver	20	99		
113	Schedule 1, part 1.7, items 6 to 8
substitute
6	58 (2)					
6.1	·	requirement under 58 (1) (a)	driver/rider not produce licence	20	99		
6.2	·	requirement under 58 (1) (b)	driver/rider not state name	20			
6.3	·	requirement under 58 (1) (c)	driver/rider not state date of birth	20			
6.4	·	requirement under 58 (1) (d)	driver/rider not state home address	20			
7	58A (3)					
7.1	·	requirement under 58A (2) (a)	supervisor/instructor/assessor not produce licence	20	99		
7.2	·	requirement under 58A (2) (b)	supervisor/instructor/assessor not state name	20			
7.3	·	requirement under 58A (2) (c)	supervisor/instructor/assessor not state date of birth	20			
7.4	·	requirement under 58A (2) (d)	supervisor/instructor/assessor not state home address	20			
114	Schedule 1, part 1.7, new item 12A
insert
12A	61B (4) (b)	not surrender suspended licence	20			
115	Schedule 1, part 1.7, item 13
substitute
13	66 (4)	not surrender licence when disqualified	20			

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2010.
2	Notification
	Notified under the Legislation Act on	2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010