Australian Capital Territory
Road Transport (Alcohol and Drugs) Act 1977    
A1977-17
Republication No 5 (RI)
Effective:  1 March 2000 – 23 May 2001
Republication date of printed version: 1 March 2000
Reissued electronically: 30 January 2008
Last amendment made by A1999-79
(republication for renaming and other 
amendments by A1999-79)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Road Transport (Alcohol and Drugs) Act 1977 effective from 1 March 2000 to 23 May 2001.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
In preparing this republication, amendments have been made under section 13.

Australian Capital Territory

Road Transport (Alcohol and Drugs) 
Act 1977
CONTENTS
	
Part 1—Preliminary
	1	Name of Act	
	2	Commencement	
	3	Definitions—the dictionary	
	4	Notes	
	4A	Meaning of public place	
	4B	Meaning of special driver	
	4C	Meaning of level of alcohol concentration	
	4D	Meaning of repeat offender and first offender	
	5	Approval of instruments etc	
	6	Approval of operators and analysts	
	7	Notices to be published in the Gazette	
Part 2—Examination of persons for Alcohol 
or Drugs
	8	Power to require screening test where a vehicle not involved in 
an accident	
	9	Power to require screening test where motor vehicle involved in 
accident	
	10	Power to require screening test in case of culpable driving	
	11	Detention for breath analysis	
	12	Breath analysis	
	13	Precautions for privacy	
	14	Restrictions on screening tests and breath analyses	
	15	Taking blood samples from persons in custody	
	15AA	Taking blood samples from persons in hospital	
	15A	Analysis of blood samples	
	15B	Statements to be provided	
	16	Medical examinations	
	16A	Analysis of body samples	
	17	Exemptions from requirements to take blood samples or carry out examinations	
	18	Protection of police officers and medical staff	
	18A	Taking blood samples from people involved in accidents	
Part 3—Offences
	19	Prescribed blood alcohol concentration exceeded	
	21	Defence if person did not intend to drive motor vehicle	
	22	Refusing to provide breath sample	
	23	Refusing blood test etc	
	24	Driving under the influence of intoxicating liquor or a drug	
	24A	Driver etc intoxicated	
Part 4—Penalties
	26	Fines and imprisonment—s 19 offences	
	27	Imprisonment—s 22, s 23 and s 24 offences	
	29	Conditional release of convicted person	
	30	Power of the court to mitigate total amount to be paid by convicted 
person	
	32	Automatic driver licence disqualification—first offenders, s 19	
	33	Automatic driver licence disqualification—repeat offenders, s 19	
	34	Automatic driver licence disqualification—offences other than s 19	
	38	Additional powers of court	
Part 7—Evidence
	41	Certificate of evidence	
	41A	Evidence for insurance purposes	
	42	Effect of noncompliance—analysis of breath or blood	
	42A	Effect of noncompliance—analysis of body sample	
	42B	Effect of noncompliance—refusal to give sample of breath	
	43	Oral evidence concerning s 41 certificate	
Part 8—Rehabilitation programs
	44	Approval of programs	
	44A	Conditions	
Part 9—Miscellaneous
	45	Power of arrest	
	46	Penalty for escaping from custody	
	47	Right of arrested person to medical examination	
	48	When police officer may move a person’s motor vehicle	
	49	Default term of imprisonment	
	50	References to Motor Traffic (Alcohol and Drugs) Act etc	
	51	Regulation-making power	
Part 10—Transitional
	52	Expiry of paragraph (g) of definition of relevant offence in s 4D (3)	
	53	Approved operator	
	Schedule	
	DICTIONARY	
	ENDNOTES
	1	About this republication	
	2	About the republished Act	
	3	Abbreviation key	
	4	Table of legislation	
	5	Table of amendments	
	6	Table of earlier republications	

Australian Capital Territory

Road Transport (Alcohol and Drugs) 
Act 1977
An Act to provide for the detection of persons who drive motor vehicles after consuming alcohol or drugs, for offences by those persons, and to provide measures for the treatment and rehabilitation of those persons
Part 1—Preliminary
Note	This Act and the regulations made under it form part of the road transport legislation. Other road transport legislation includes the Road Transport (Dimensions and Mass) Act 1990, the Road Transport (Driver Licensing) Act 1999, the Road Transport (General) Act 1999, the Road Transport (Safety and Traffic Management) Act 1999, the Road Transport (Vehicle Registration) Act 1999 and the regulations made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (General) Act 1999 about the administration and enforcement of the road transport legislation generally.
1 	Name of Act
	This Act is the Road Transport (Alcohol and Drugs) Act 1977.
2 	Commencement
	This Act shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.
3 	Definitions—the dictionary
	The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or elsewhere in the road transport legislation.
For example, the signpost definition ‘driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary’ means the expression ‘driver licence’ is defined in the dictionary to that Act and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
4 		Notes
	A note in this Act is explanatory and is not part of this Act.
4A 	Meaning of public place
(1) 	For this Act—
public place means—
	(a)	an off-street parking area; or
	(b)	an area for the parking of motor vehicles on, or in the vicinity of, licensed premises; or
	(c)	an area for the parking of motor vehicles by people attending a drive-in or other open-air theatre or cinema; or
	(d)	a loading area; or
	(e)	a wharf, pier or jetty; or
	(f)	the foreshores of a lake; or
	(g)	a park, reserve, recreational or sporting ground, racecourse or other open place, that is used by the public or to which the public has access, whether with or without payment for admission; or
	(h)	the entrances to and the exits from, and the passages and driveways in, an area or place mentioned in paragraphs (a) to (g). 
(2) 	In this section—
foreshores, of a lake—see Lakes Act 1976, subsection 4 (1).
lake—see Lakes Act 1976, subsection 4 (1).
licensed premises—see Liquor Act 1975, subsection 4 (1). 
loading area means any part of the area, other than an area on which a building is erected, bounded by the public streets known as—
	(a)	Petrie Street, Alinga Street, East Row and London Circuit; or
	(b)	Petrie Street, Bunda Street, Garema Place and Alinga Street; or
	(c)	East Row, Alinga Street, Northbourne Avenue and London Circuit; or
	(d)	Northbourne Avenue, Alinga Street, West Row and London Circuit.
off-street parking area means an area available for use by the public, whether with or without the payment of money, for the parking of motor vehicles, and includes an area—
	(a)	situated between the entrances to and exits from the area and a public street; and
	(b)	used for access to the area.
4B 	Meaning of special driver
(1) 	For this Act, a person is a special driver if—
	(a)	the person is not the holder of an Australian driver licence or external driver licence; or 
	(b)	the person’s Australian driver licence or external driver licence is suspended; or
	(c)	the person is disqualified from holding or obtaining an Australian driver licence by a court in Australia or under the law of any jurisdiction; or
	(d)	the person holds a learner licence, provisional licence, probationary licence or restricted licence within the meaning given by the Road Transport (Driver Licensing) Act 1999, dictionary; or
	(e)	the person is the holder of an Australian driver licence and is driving a motor vehicle of a kind that the person is not authorised to drive by the licence; or
	(f)	the person is the driver of—
	(i)	a Commonwealth vehicle; or
	(ii)	a dangerous goods vehicle; or
	(iii)	a heavy vehicle; or
	(iv)	a public vehicle under the Road Transport (General) Act 1999.
(2) 	However, paragraph (1) (a) does not apply to a person who is exempted from holding a driver licence under the Road Transport (Driver Licensing) Act 1999.
(3) 	In this section—
Commonwealth vehicle means a motor vehicle that is owned by the Commonwealth and—
	(a)	bears a label attached to the windscreen that displays the letter ‘C’ followed by a 7-pointed star, both in white on a blue background, and the word ‘COMCAR’ in blue on a white background; or
	(b)	is a motor vehicle that is declared by the Minister, by notice in the Gazette, to be a Commonwealth vehicle for this Act.
dangerous goods vehicle means a vehicle on which a sign or marking is or is required to be exhibited under, or under a code prescribed under, the Dangerous Goods Regulations 1978. 
heavy motor vehicle means— 
	(a)	a motor vehicle that has a GVM over 15t; or 
	(b)	a motor vehicle and trailer combination, or a combination of semitrailer coupled to a motor vehicle, that has a GCM over 15t.
Note 	‘t’ is the symbol for tonne(s).
4C 	Meaning of level of alcohol concentration
	A reference in this Act to a concentration of alcohol in blood at a level that is mentioned in column 2 of an item in the following table is a reference to a concentration of alcohol in 100mL of blood that is mentioned in column 3 of that item of the table:
column 1
item	column 2
level	column 3
blood alcohol concentration	
1	level 1	0.02g or more but 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	
Note 1	‘mL’ is the symbol for millilitre(s).
Note 2	‘g’ is the symbol for gram(s).
4D 	Meaning of repeat offender and first offender
(1) 	A person who is convicted, or found guilty, of a disqualifying offence is a repeat offender in relation to the offence if 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.
(2) 	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.
(3) 	In this section—
relevant offence means—
	(a)	a disqualifying offence; or
	(b)	a corresponding offence;  or
	(c)	an offence of culpable driving; or
	(d)	an offence against subsection 6 (1) of the Road Transport (Safety and Traffic Management) Act 1999 (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that subsection); or
	(e)	an offence against any of the following provisions of the Road Transport (Safety and Traffic Management) Act 1999: 
	(i)	subsection 7 (1) (which is about furious, reckless or dangerous driving);
	(ii)	subsection 8 (1) or (2) (which are about menacing driving); or
	(f)	an offence against any of the following provisions of the Road Transport (Driver Licensing) Act 1999: 
	(i)	subsection 32 (1), (2) or (3) (which are about driving or fraudulently applying for a driver licence while disqualified or after licence suspension, cancellation or refusal); 
	(ii)	subsection 33 (1) (which is about contravention of conditions of a restricted licence); or
	(g)	an offence about any of the following provisions of the Motor Traffic Act 1936: 
	(i)	section 11D (which is about contravention of conditions of a special probationary licence); 
	(ii)	subsection 121 (1) (which is about reckless driving or driving in a dangerous manner); 
	(iii)	subsection 121 (1A) (which is about negligent driving); 
	(iv)	subsection 147A (1) (which is about driving at a dangerous speed); 
	(v)	subsection 191 (2) (which is about driving or obtaining a driver licence) while disqualified or after licence suspension).
5 	Approval of instruments etc
(1) 	Where the Minister is of the opinion that a particular type of instrument—
	(a)	is designed and constructed to ascertain the concentration of alcohol present in a sample of a person’s breath and is capable of recording that concentration in grams per 100mL of blood; and
	(b)	is suitable for use in analyses under Part 2;
the Minister may, by written notice, approve that type of instrument for the purposes of this Act.
(2) 	The Minister may, by written notice, approve devices of a type described in the notice to be approved screening devices for the purposes of this Act if he or she is of opinion that—
	(a)	devices of that type have been designed and made for the purpose of indicating, when a sample of the breath of a person is exhaled into the device, whether alcohol is present in the blood of the person and, if so, of giving an indication of the concentration of alcohol in the blood of the person; and
	(b)	devices of that type are suitable devices for use in tests under Part 2. 
6 	Approval of operators and analysts
(1) 	The chief police officer may, by written notice, authorise a police officer to carry out breath analyses if the officer has—
	(a)	undergone a course approved by the Minister as a course for the instruction of police officers in the carrying out of breath analyses; and
	(b)	completed the course to the satisfaction of the chief police officer.
(2) 	The Minister may, by written notice, appoint such analysts as he or she considers necessary for the purposes of this Act.
7 	Notices to be published in the Gazette
	A notice made under section 5 or 6 must be published in the Gazette as soon as practicable after it is made.

Part 2—Examination of persons for Alcohol or Drugs
8 	Power to require screening test where a vehicle not involved in an accident
	A police officer may require a person to undergo a screening test in accordance with the directions of that officer where—
	(a)	the person is the driver of a motor vehicle on a public street or in a public place; or
	(b)	the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was the driver of a motor vehicle on a public street or in a public place.
9 	Power to require screening test where motor vehicle involved in accident
	Where a motor vehicle is involved in an accident on a public street or in a public place, a police officer may require a person to undergo a screening test in accordance with the directions of that officer—
	(a)	where the police officer has reasonable cause to suspect that the person was the driver of the motor vehicle at the time of the accident; or
	(b)	where—
	(i)	the police officer does not know or has doubt as to who was the driver of the motor vehicle at the time of the accident; and
	(ii)	the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident.
10 	Power to require screening test in case of culpable driving
	A police officer who has reasonable cause to suspect that a person has committed an offence of culpable driving may require the person to undergo a screening test in accordance with the directions of that officer.
11 	Detention for breath analysis
(1) 	Where—
	(a)	a person undergoes a screening test in pursuance of a requirement made by a police officer under section 8, 9 or 10 and the approved screening device used in the screening test indicates to the police officer that the concentration of alcohol in the blood of the person is equal to or more than the prescribed concentration; or
	(b)	a person who has been required by a police officer under section 8, 9 or 10 to undergo a screening test refuses to undergo the screening test; or
	(c)	a person who has been required by a police officer under section 8, 9 or 10 to undergo a screening test fails to undergo the screening test in accordance with the direction of the police officer; 
the police officer may take the person into custody and, if so, the officer shall take the person or shall place the person in the custody of another police officer who shall take the person, as soon as practicable to a police station or some other convenient place for the purpose of having a breath analysis of the person carried out.
(2) 	Where— 
	(a)	pursuant to paragraph (1) (a) the approved screening device used in the screening test indicates to the police officer that the concentration of alcohol in the blood of the person is equal to or more than 0.02g of alcohol per 100mL of blood; and 
	(b)	the police officer has reasonable grounds to believe that the person is a special driver;
subsection (1) applies in relation to that person accordingly.
12 	Breath analysis
(1) 	Subject to section 14, a person who has been taken into custody in pursuance of section 11 shall, when required to do so by a police officer, provide, in accordance with the reasonable directions of that officer, a sample of his or her breath for breath analysis.
(2) 	A breath analysis shall be carried out by an approved operator.
(3) 	The regulations may—
	(a)	make provisions for and in relation to the procedures to be followed by an approved operator immediately before commencing a breath analysis by means of an approved breath analysis instrument, during the breath analysis and immediately after the completion of the breath analysis; and
	(b)	make provision that, unless specified conditions exist when carrying out, and specified results are obtained from the procedures to be followed before commencing, a breath analysis by means of the instrument to be used in the breath analysis, the approved operator shall not use that instrument in carrying out the breath analysis; and
	(c)	make provision that, unless specified results are obtained from the procedures to be followed immediately after the completion of the breath analysis, the analysis of the sample of breath is to be disregarded for the purposes of this Act.
(3A) 	Regulations made for the purposes of subsection (3) may prescribe different procedures in respect of different types of approved breath analysis instruments.
(4)	Where, by reason of regulations made for the purposes of paragraph (3) (c), an analysis of the sample of the breath of a person is to be disregarded for the purposes of this Act, the police officer referred to in subsection (1) may, if another breath analysis instrument is available at the police station or other place at which the requirement under subsection (1) is made, require the person to provide in accordance with the reasonable directions of  that officer, a sample of his or her breath for breath analysis by means of that other instrument.
(5) 	As soon as practicable after the breath analysis has been carried out, the approved operator who carried out the breath analysis shall give to the person a written statement, signed by the approved operator, containing the particulars required by the regulations to be included in such a statement.
13 	Precautions for privacy
(1) 	The approved operator carrying out a breath analysis shall take all steps that are reasonably practicable to ensure that it is not readily apparent to members of the public that the breath analysis is being carried out.
(2) 	Subsection (1) does not apply where the breath analysis is carried out at a police station.
14 	Restrictions on screening tests and breath analyses
(1) 	A police officer shall not require a person to undergo a screening test under section 8, 9 or 10 or require a person to provide a sample of his or her breath for breath analysis under section 12, and an approved operator shall not commence or continue the breath analysis of a person under section 12—
	(a)	in the case of an accident—
	(i)	where the person is taken to hospital—if more than 2 hours have elapsed since his or her arrival at the hospital; or
	(ii)	in any other case—if more than 2 hours have elapsed since the accident occurred; or
	(c)	in any other case—if more than 2 hours have elapsed since the person ceased to be the driver of the motor vehicle.
(1A) 	Where subparagraph (1) (a) (ii) applies and—
	(a)	a police officer attending the scene of the accident has doubt as to the time at which the accident occurred; and
	(b)	the relevant person is found at or near the scene of the accident; and
	(c)	the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident; 
subsection (1) applies in relation to that person if more than 2 hours have elapsed since the person was found.
(2) 	A police officer shall not require a person to undergo a screening test under section 8, 9 or 10 or to provide a sample of his or her breath for breath analysis under section 12—
	(a)	if it appears to the police officer that it may be, by reason of injury suffered by the person or otherwise, dangerous or not practicable for that person to undergo a screening test or to submit his or her breath for analysis; or
	(b)	if the person is in hospital and the doctor attending the person, after being informed by the police officer of his or her intention to make the requirement, certifies in writing his or her opinion that compliance with the requirement would be detrimental to the person’s medical condition; or
	(c)	in the case of a person who is at the place where the person usually lives—
	(i)	unless the person was, or the police officer has reasonable cause to suspect that the person was, the driver of a motor vehicle at the time when it was involved in an accident on a public street or in a public place; or
	(ii)	unless the police officer has reasonable cause to suspect that the person has committed an offence of culpable driving; or
	(iii)	unless the requirement is made immediately after a motor vehicle driven by the person has stopped at or near the place where the person usually lives and the police officer making the requirement has followed the motor vehicle while it was being driven on the public street.
15 	Taking blood samples from persons in custody
(1) 	Where—
	(a)	a police officer does not, by reason of paragraph 14 (2) (a) or (b) require a person to undergo a screening test or to provide a sample of his or her breath for breath analysis; or 
	(b)	because the breath analysis instrument available is not in working order or an approved breath analysis instrument is not available, it is not practicable to carry out the breath analysis; 
the police officer may require the person to permit a sample of his or her blood to be taken by a doctor or a nurse for analysis and, if the person is not in hospital, may take the person into custody and take the person, or place the person in the custody of another police officer who shall take the person, as soon as practicable to a hospital for that purpose. 
(2) 	A requirement shall not be made under subsection (1) after the expiration of whichever of the periods specified in subsection 14 (1) or (1A) is applicable in relation to the person.
(2A) 	A reference in this section to the taking of a blood sample shall be read as a reference to the taking of a blood sample pursuant to a requirement under subsection (1).
(3) 	A sample of a person’s blood shall be taken as soon as practicable after the arrival of the person at hospital and shall not be taken more than 2 hours after the arrival of the person at hospital.
(4) 	A doctor or nurse shall not refuse to take a sample of a person’s blood for analysis—
	(a)	if permitted to do so by the person under subsection (1); or
	(b)	if the doctor or nurse is of the opinion that the person is, because of his or her medical condition, incapable of giving or refusing permission to the taking of such a sample—if requested to do so by a police officer under this section.
Maximum penalty:  10 penalty units.
(4A) 	A police officer shall not make a request under subsection (4) after the end of whichever of the periods specified in subsection 14 (1) or (1A) is applicable in relation to the person.
(5) 	The doctor or nurse taking a sample of a person’s blood under this section shall—
	(a)	take a sample of that person’s blood in the presence of a police officer; and
	(b)	place approximately equal quantities of the sample blood into 2 containers and, on a label affixed to each container, sign his or her name and write the name of the person from whom the sample was taken and the date on which and time at which the sample was taken; and
	(c)	ensure that each container is sealed.
(6) 	The doctor or nurse shall—
	(a)	if he or she is of the opinion that the person was, at the time the blood sample was taken, incapable of giving or refusing his or her permission to take a sample of his or her blood—put both sealed containers in a one-way box; and
	(b)	in any other case—give 1 sealed container to the person and put the other sealed container in a one-way box.
(7) 	The police officer shall arrange for the container or containers to be collected from the one-way box by an approved analyst as soon as practicable.
15AA 	Taking blood samples from persons in hospital
(1) 	A doctor or a nurse who, in a hospital, attends to a person whom the doctor or nurse believes on reasonable grounds to be a driver involved in an accident, shall, within 2 hours of the person’s arrival at the hospital, take from that person a sample of the person’s blood for analysis.
Maximum penalty:  10 penalty units.
(2) 	A person taking a sample of blood under this section shall—
	(a)	place approximately equal quantities of the sample into 2 containers; and
	(b)	mark or label each container for future identification; and
	(c)	ensure that each container is sealed.
(3)	A person who has taken a sample of blood under this section shall—
	(a)	if satisfied that the person from whom the sample has been taken is incapable of understanding the procedures that have been applied to him or her—put both sealed containers in a one-way box; or
	(b)	in any other case—give 1 sealed container to the person and put the other sealed container in a one-way box.
(4) 	A police officer shall arrange for the container or containers to be collected from the one-way box by an approved analyst as soon as practicable.
15A 	Analysis of blood samples
(1) 	If only 1 sealed container of a particular person’s blood that has been taken under section 15 or 15AA and has been put in a one-way box for collection by an approved analyst, the analyst shall analyse the blood to ascertain the concentration of alcohol in the blood.
(2) 	If 2 sealed containers of a particular person’s blood have been put in a one-way box for collection by an approved analyst, the analyst shall—
	(a)	analyse the blood in 1 of the containers to ascertain the concentration of alcohol in the blood; and
	(b)	keep the other container sealed and under refrigeration until—
	(i)	the person, or another person authorised in writing by the first-mentioned person to collect the unanalysed blood sample, requests the analyst to give him or her that sample; or
	(ii)	the period of 6 months after the blood was taken from the person ends; 
whichever happens first.
(3) 	Where a police officer has reasonable cause to suspect that—
	(a)	a person whose blood is referred to in this section has in his or her body a drug other than alcohol; or
	(b)	the behaviour of the person does not arise, or does not wholly arise,  from the presence of alcohol in his or her body; 
the police officer may request an analyst to analyse the sample to ascertain the concentration in the blood of any drug other than alcohol.
(4) 	An analyst shall comply with a request under subsection (3). 
15B 	Statements to be provided
(1) 	A police officer shall arrange for a person from whom a blood sample has been taken under section 15 or 15AA to be given a written statement within a reasonable time, having regard to the person’s medical condition, after an analysis under section 15A is carried out.
(2) 	The statement shall specify—
	(a)	the date on which and the time at which the blood sample was taken; and
	(b)	the place where the blood sample was taken; and
	(c)	the result of the analysis; and
	(d)	the address at which the blood sample is being held.
(3) 	If both sealed containers were put in a one-way box for collection by an approved analyst, the statement shall also inform the person to the effect that an unanalysed sample of the person’s blood may be obtained from the analyst, within 6 months after the blood sample was taken, on the request of the person or of another person authorised in writing by him or her to collect the blood sample.
16 	Medical examinations
(1) 	This section applies to—
	(a)	a person who—
	(i)	has been required to undergo a screening test or to provide a sample of his or her breath for analysis; and
	(ii)	has been arrested on reasonable suspicion of having committed an offence against section 24 or an offence of culpable driving; and
	(b)	a driver involved in an accident.
(2) 	Where a police officer has reasonable cause to suspect—
	(a)	that a person to whom this section applies has in his or her body a drug other than alcohol; or
	(b)	that the behaviour of the person does not arise, or does not wholly arise, from the presence of alcohol in his or her body; 
the police officer may require that person to submit to a medical examination and to give, or permit the taking of, body samples in accordance with this section for the purpose of ascertaining whether the condition of the person is caused, or contributed to, by the presence in his or her body of a drug other than alcohol.
(3) 	In the case of a person referred to in paragraph (1) (a), if the person is not in hospital, the police officer may take the person into custody and take the person, or place him or her in the custody of another police officer who shall take the person, as soon as practicable to a hospital for the purposes of the medical examination.
(4) 	A doctor requested by a police officer to carry out a medical examination of a person to whom this section applies for the purpose referred to in subsection (2) shall carry out the medical examination within 2 hours of the person’s arrival at hospital.
Maximum penalty:  10 penalty units.
(5) 	A doctor requested by a police officer to take a sample from the body of a person to whom this section applies for the purpose referred to in subsection (2) shall, within 2 hours of the person’s arrival at hospital—
	(a)	take the sample; or
	(b)	request a nurse to take the sample.
Maximum penalty:  10 penalty units. 
(6) 	A nurse requested by a doctor or a police officer to take a sample from the body of a person to whom this section applies shall take the sample within 2 hours of the person’s arrival at hospital.
Maximum penalty:  10 penalty units.
(7) 	A person taking a sample under this section shall—
	(a)	place approximately equal quantities of the sample into 2 containers; and
	(b)	mark or label each container for future identification; and
	(c)	ensure that each container is sealed.
(8)	A person who has taken a sample under this section shall—
	(a)	if satisfied that the person from whom the sample has been taken is incapable of understanding the procedures that have been applied to him or her—put both sealed containers in a one-way box; or
	(b)	in any other case—give 1 sealed container to the person and put the other sealed container in a one-way box. 
(9) 	A police officer shall arrange for the container or containers to be collected from the one-way box by an approved analyst as soon as practicable.
16A 	Analysis of body samples
(1) 	Where only 1 sealed container of a particular person’s body sample has been put in a one-way box under subsection 16 (8), the analyst by whom it is collected shall analyse it to ascertain—
	(a)	whether any drug other than alcohol was present in the person’s body when the sample was taken; and
	(b)	if any such drug is found to have been present—the concentration, quantity or other measurement of that drug; and
	(c)	where the sample is of the person’s blood—the concentration of alcohol in the blood.
(2) 	Where 2 sealed containers of a particular person’s body samples have been put in a one-way box under subsection 16 (8), the analyst by whom they have been collected shall—
	(a)	analyse the sample in one of the containers in accordance with subsection (1); and
	(b)	keep the other container sealed and under refrigeration until—
	(i)	the person, or another person authorised by the firstmentioned person, requests the analyst to give him or her the sample; or
	(ii)	6 months have elapsed since the sample was taken from the person.
17 	Exemptions from requirements to take blood samples or carry out examinations
(1) 	In this section—
specified procedure means—
	(a)	the taking of a sample—
	(i)	of a person’s blood under this Act; or
	(ii)	from the body of a person under section 16; or
	(b)	the carrying out of a medical examination under section 16.
(2) 	A doctor or nurse is not required to carry out a specified procedure on a person—
	(a)	if he or she is of the opinion that to do so would be detrimental to the person’s medical condition; or
	(b)	in the case of a procedure under section 15 or 16—if the person objects to the carrying out of the procedure and persists in so objecting after a doctor, nurse or police officer has informed the person that, unless the objection is based on religious or other conscientious grounds or on medical grounds, the refusal may constitute an offence punishable as provided by this Act; or
	(c)	in the case of a procedure under section 15AA—the doctor or nurse believes on reasonable grounds that a sample of the blood of the person—
	(i)	has already been taken under this Act; or
	(ii)	will be taken under section 15.
(3) 	It is a defence to a prosecution for a breach of subsection 15 (4), 15AA (1) or 16 (4), (5) or (6) if the defendant satisfies the court that—
	(a)	by reason of the behaviour of the person in relation to whom the relevant specified procedure was to be carried out, the defendant was unable to comply with the subsection; or
	(b)	there was other reasonable cause for the failure to comply with the subsection.
18 	Protection of police officers and medical staff
(1) 	A police officer to whom this section applies who, in the exercise or intended exercise of a power conferred by this Act, takes a person into custody and takes the person to a place for the purpose of this Act, is not liable, by reason only of the taking into custody of the person and the holding of the person in custody, in an action arising out of the taking into custody of the person and holding of the person in custody.
(2) 	Subsection (1) applies to—
	(a)	a police officer who believes on reasonable grounds that a person who has been taken into custody is liable to be taken into custody; and
	(b)	where such a police officer has taken a person into custody and has placed the person in the custody of another police officer, that other police officer.
(3) 	A person who is taken into custody in relation to an offence against this Act shall not be held in custody after—
	(a)	where a sample of the breath of the person has been analysed—the time when the approved operator gives to the person the written statement referred to in subsection 12 (5); or
	(b)	where the person is required to permit the taking of a sample of his or her blood or to submit to a medical examination—the sample of the blood of the person has been taken or the medical examination is completed; or
	(c)	the expiration of whichever of the periods referred to in subsection 14 (1) is applicable in relation to the person.
(5) 	The Territory shall indemnify and keep indemnified a doctor or nurse who carries out a specified procedure when required to do so by this Act in respect of any damages that he or she becomes liable to pay as a result of carrying out the procedure.
(5A) 	In subsection (5)—
specified procedure has the same meaning as in section 17.
(6) 	Subsection (5) applies whether the person was or was not capable, by reason of his or her mental condition, of giving or refusing consent to the taking of a sample of blood or to the medical examination.
18A	Taking blood samples from people involved in accidents
(1) 	In this section—
accident means an accident on a public street or in a public place, whether within or outside the Territory.
animal means a horse, cattle or sheep.
bicycle includes a tricycle and any vehicle of a similar nature, but does not include a toy carriage.
person involved in an accident is a person who appears to be at least 15 years old and attends, or is admitted to, a hospital for examination or treatment because of an accident—
	(a)	involving a vehicle the person was driving or attempting to drive; or
	(b)	involving an animal the person was riding or driving or attempting to ride or drive; or

	(c)	in which the person was involved as a pedestrian.
vehicle means—
	(a)	a bicycle; or
	(b)	an animal-drawn vehicle.
(2) 	Sections 15AA, 15A, 15B, 16, 16A, 17, 23 and 41A apply in relation to a person involved in an accident, or a sample taken from the body of such a person, as if the person were a driver involved in an accident.

Part 3—Offences
19 	Prescribed blood alcohol concentration exceeded
(1) 	A person who—
	(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, a concentration of alcohol in his or her blood equal to or more than the prescribed concentration;
is guilty of an offence punishable, on conviction, by a penalty ascertained in accordance with section 26.
(2) 	In proceedings for an offence against subsection (1), evidence may be given of the concentration of alcohol in the person’s blood as determined by—
	(a)	an analysis of a sample of the person’s breath or blood carried out in accordance with this Act; or
	(b)	any other analysis.
(3) 	In paragraph (1) (b)—
relevant period means the period commencing when the person ceased to be the driver of the vehicle and ending at the latest time at which—
	(a)	a breath analysis of the person may be carried out in accordance with this Act; or
	(b)	where section 15 or 15AA applies—a sample of the person’s blood may be taken in accordance with that section.
21 	Defence if person did not intend to drive motor vehicle
	Where a person charged with an offence against section 19 was the driver of the motor vehicle only for the reason that he or she was in, and in charge of, a motor vehicle on a public street in a public place, it is a defence if the person charged establishes that—
	(a)	he or she had not started, or attempted to start, the motor vehicle and had not put, or attempted to put, the motor vehicle in motion; and
	(b)	he or she did not intend to drive the motor vehicle until a time when the concentration of alcohol in his or her blood would be less than a concentration equal to the prescribed concentration.
22 	Refusing to provide breath sample
	A person who—
	(a)	has been the driver of a motor vehicle on a public street or in a public place; and
	(b)	has, in accordance with the provisions specified in this Act, been required to provide a sample of breath for breath analysis; 
is guilty of an offence punishable, on conviction, by a maximum fine of 30 penalty units if—
	(c)	he or she refuses to provide a sample of breath for analysis; or
	(d)	he or she fails or refuses to provide a sample of breath in accordance with the reasonable directions of the police officer who made the requirement. 
23 	Refusing blood test etc
(1) 	A person who—
	(a)	has been the driver of a motor vehicle on a public street or in a public place; and
	(b)	has, in accordance with the provisions specified in this Act, been required to permit a sample of blood to be taken for analysis; 
is guilty of an offence punishable, on conviction, by a maximum fine of 30 penalty units if he or she fails or refuses to permit the sample to be taken for that purpose.
(1A) 	A person from whom a blood sample is required to be taken under subsection 15AA (1) shall not behave in such a manner as to make it impossible or impractical for the sample to be taken.
Maximum penalty:  30 penalty units.
(2) 	A person who is required under section 16 to undergo a medical examination is guilty of an offence punishable, on conviction, by a maximum fine of 30 penalty units if—
	(a)	he or she fails or refuses to submit to the medical examination; or
	(b)	he or she fails or refuses, when required by the doctor conducting the examination, to give or permit the taking of a sample from his or her body for analysis.
(3) 	It is a defence to a prosecution for an offence against subsection (1), (1A) or (2) if the person charged establishes that the failure, refusal or behaviour (as the case requires) was based on religious or other conscientious grounds or on medical grounds.
24 	Driving under the influence of intoxicating liquor or a drug
(1) 	A person who drives a motor vehicle on a public street or in a public place while under the influence of intoxicating liquor or of a drug to such an extent as to be incapable of having proper control of the motor vehicle is guilty of an offence punishable, on conviction, by a maximum fine of 30 penalty units.
(2) 	A charge for an offence against subsection (1) is not open to objection on the ground only that it alleges that the person charged was under the influence of intoxicating liquor or of a drug and on the hearing of such a charge—
	(a)	evidence that the person was under the influence of intoxicating liquor or of a drug or of intoxicating liquor and a drug is admissible; and
	(b)	if the evidence establishes that the person was under the influence either of intoxicating liquor, of a drug or both intoxicating liquor and a drug, the person may be convicted of the offence.
(3) 	Where—
	(a)	a person is charged with an offence against subsection (1); and
	(b)	the charge is made only for the reason that the person was in, and in charge of, the motor vehicle on a public street or in a public place; 
it is a defence if the person charged establishes that—
	(c)	he or she had not started, or attempted to start, the engine of the motor vehicle and had not put, or attempted to put, the motor vehicle in motion; and
	(d)	he or she did not intend to drive the motor vehicle while under the influence of intoxicating liquor, of the drug or both.
24A 	Driver etc intoxicated
(1) 	A person must not drive or ride a vehicle or animal on a public street, or be in charge of a vehicle or animal on a public street, while under the influence of alcohol.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(2) 	A person arrested for an offence against this section is entitled, on request, to be examined by a doctor.
(3) 	If a request for examination is made, the person making the arrest must provide reasonable facilities for the examination.
(4)	In this section—
animal means a horse, cattle or sheep.
bicycle includes a tricycle and any vehicle of a similar nature, but does not include a toy carriage.
vehicle means—
	(a)	a bicycle; or
	(b)	an animal-drawn vehicle.

Part 4—Penalties
26 	Fines and imprisonment—s 19 offences
(1) 	Where a special driver is convicted of an offence against subsection 19 (1) and the convicting court finds that the concentration of alcohol in the person’s blood was at a level specified in column 2 of the table at the end of this section, the person is punishable—
	(a)	in the case of a first offender—by the maximum penalty specified in column 3 of the table opposite that level; and
	(b)	in the case of a repeat offender—by the maximum penalty specified in column 4 of the table opposite that level.
(2) 	Where a person other than a special driver is convicted of an offence against subsection 19 (1) and the convicting court finds that the concentration of alcohol in the person’s blood was at level 2, 3 or 4, the person is punishable—
	(a)	in the case of a first offender—by the maximum penalty specified in column 3 of the table at the end of this section opposite the relevant level; and
	(b)	in the case of a repeat offender—by the maximum penalty specified in column 4 of the table opposite the relevant level.
column 1
item	column 2
blood alcohol concentration level	column 3
maximum penalty—first offender	column 4
maximum penalty—repeat offender	
1	level 1	5 penalty units	10 penalty units	
2	level 2	5 penalty units	10 penalty units	
3	level 3	10 penalty units, imprisonment for 6 months or both	10 penalty units, imprisonment for 6 months or both	
4	level 4	15 penalty units, imprisonment for 9 months or both	20 penalty units, imprisonment for 12 months or both	

27 	Imprisonment—s 22, s 23 and s 24 offences
	Where—
	(a)	a person is convicted of an offence against section 22, 23 or 24; and
	(b)	the court considers that, in all the circumstances and having regard  to the antecedents of the person (including convictions for offences against the road transport legislation, against the Motor Traffic Act 1936 or for corresponding offences), that it is appropriate to do so;
the court may, in addition to, or in substitution of, a pecuniary penalty, sentence the person to a term of imprisonment not exceeding—
	(c)	in the case of an offence by a first offender—6 months; or
	(d)	in the case of an offence by a repeat offender—12 months.
29 	Conditional release of convicted person
(1) 	Where a person is convicted of an offence against this Act, the court, on an application by the convicted person, may, instead of ordering the convicted person to pay a pecuniary penalty or sentencing him or her to a term of imprisonment, order that the person be discharged upon giving security, with or without sureties, by recognisance or otherwise, to the satisfaction of the court that—
	(c)	he or she will be of good behaviour for such period, not exceeding 2 years, as the court thinks fit; and
	(d)	he or she will, during the period so specified or such shorter period as the court specifies in the order, undertake an approved rehabilitation program in accordance with the reasonable requirements of the person in charge of the program; and
	(e)	he or she will, during the period so specified, comply with such conditions (including conditions concerning the undertaking of the approved rehabilitation program) as the court specifies in the order; and
	(f)	he or she will pay to the Territory any amount, not exceeding the amount of the pecuniary penalty that might have been imposed on the conviction by specified instalments as provided in the order.
(1A) 	The court shall only make an order under subsection (1)— 
	(a)	with the convicted person’s consent; and
	(b)	if satisfied that the person in charge of the rehabilitation program has agreed to the convicted person undertaking the program. 
(2) 	Where—
	(a)	a person is discharged upon giving security as required by subsection (1); and
	(b)	an information is laid before a magistrate or the registrar of the court that the person has failed to comply with any of the conditions specified in the order; 
the magistrate or registrar may issue a summons requiring the person to appear before the court and to show cause why he or she should not be dealt with by the court under this section or, if the information is laid on oath, the magistrate or registrar may issue a warrant for the arrest of the person and for the person to be brought before the court to be dealt with under subsection (3).
(3) 	Where a person appears before the court on a summons or warrant issued under subsection (2), the court may, if satisfied that the person has failed to comply with the conditions specified in the order, impose on the person any penalty which the court would, if the person had then and there been convicted of the offence originally charged, be empowered to impose or make any order (including a further order under subsection (1)) which the court would then be empowered to make.
(4) 	The court may, when making an order in pursuance of subsection (3), also order that any recognizance given by the person or by a surety for him or her be forfeited and that any other security given by or in respect of him or her be enforced.
(5) 	In this section—
approved rehabilitation program means—
	(a)	in relation to alcohol dependence—a program that is approved by the Minister under subsection 44 (1); or
	(b)	in relation to drug dependence within the meaning of the Drugs of Dependence Act 1989—treatment at an approved treatment centre under that Act.
30 	Power of the court to mitigate total amount to be paid by convicted person
(1) 	Where the court makes an order under subsection 29 (1), the court may include in the order a direction that, if the convicted person has, during a specified period, complied with the conditions specified in the order, the person should have liberty to apply for an order under this section.
(2) 	On an application under this section, the court may, after giving notice of the application to such person or persons as it thinks fit and upon hearing the applicant and the person or persons to whom notice of the application has been given, order that the applicant be no longer required to pay any further instalments and may make such other order in relation to the conditions as it thinks fit.
(3)	Where an order is made under subsection (2) that a person is no longer required to pay any further instalments, the person and any surety each cease to be liable for the payment of any further instalments.
32 	Automatic driver licence disqualification—first offenders, s 19
(1) 	This section applies only to first offenders.
(2) 	If a court convicts a special driver, or finds a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person’s blood was at a level mentioned in column 2 of an item of the table in this section, the person is automatically disqualified from holding or obtaining a driver licence for—
	(a)	the period mentioned in column 4 of that item; or
	(b)	if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.
(3) 	If a court convicts a person other than a special driver, or finds a person other than a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person’s blood was at level 2, 3 or 4, the person is automatically disqualified from holding or obtaining a driver licence for—
	(a)	the period mentioned in column 4 of the item applying to that level in the table in this section; or
	(b)	if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.

column 1
item	column 2
blood alcohol concentration level	column 3
minimum disqualification	column 4
default disqualification	
1	level 1	1 month	3 months	
2	level 2	2 months	6 months	
3	level 3	3 months	12 months	
4	level 4	6 months	3 years	
Note	The effect of disqualification is set out in the Road Transport (General) Act 1999, s 66.
33 	Automatic driver licence disqualification—repeat offenders, s 19
(1) 	This section applies only to repeat offenders.
(2) 	If a court convicts a special driver, or finds a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person’s blood was at a level mentioned in column 2 of an item of the table in this section, the person is automatically disqualified from holding and obtaining a driver licence for—
	(a)	the period mentioned in column 4 of that item; or
	(b)	if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.
(3) 	If a court convicts a person other than a special driver, or finds a person other than a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person’s blood was at level 2, 3 or 4, the person is automatically disqualified from holding or obtaining a driver licence for—
	(a)	the period mentioned in column 4 of the item applying to that level in the table in this section; or
	(b)	if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.

column 1
item	column 2
blood alcohol concentration level	column 3
minimum disqualification	column 4
default disqualification	
1	level 1	3 months	12 months	
2	level 2	3 months	12 months	
3	level 3	6 months	3 years	
4	level 4	12 months	5 years	
Note	The effect of disqualification is set out in the Road Transport (General) Act 1999, s 66.
34	Automatic driver licence disqualification—offences other than s 19
(1) 	If a court convicts a first offender, or finds a first offender guilty, of a disqualifying offence, other than an offence against subsection 19 (1), the person is automatically disqualified from holding or obtaining a driver licence for—
	(a)	3 years; or
	(b)	if the court orders a shorter period of disqualification that is at least 6 months—the shorter period.
(2) 	If a court convicts a repeat offender, or finds a repeat offender guilty, of a disqualifying offence, other than an offence against subsection 19 (1), the person is automatically disqualified from holding or obtaining a driver licence for—
	(a)	5 years; or
	(b)	if the court orders a shorter period of disqualification that is at least 12 months—the shorter period.
Note	The effect of disqualification is set out in the Road Transport (General) Act 1999, s 66.
38 	Additional powers of court
	The powers of a court under this Part are in addition to any other powers of the court.

Part 7—Evidence
41 	Certificate of evidence
(1) 	In any proceedings in a court—
	(a)	a certificate purporting to be signed by a police officer and stating—
	(i)	that he or she was on a specified date an approved operator; and
	(ii)	that, at a place and at a time and on a date specified in the certificate a person named in the certificate was required by a specified officer to provide a sample of his or her breath for breath analysis by an approved breath analysis instrument; and
	(iii)	the instrument used in the analysis, by reference to its model number, patent number and serial number; and
	(iv)	that the approved breath analysis instrument was in proper working order; and
	(v)	the procedures followed and precautions taken immediately before the breath analysis, during the breath analysis and immediately after the completion of the breath analysis; and
	(vi)	that the person named in the certificate provided a sample of his or her breath for analysis in accordance with the directions of the police officer who made the requirement; and
	(via)	the steps that were taken to ensure that it was not readily apparent to members of the public that the breath analysis was being carried out; and
	(vii)	that, in following such of those procedures in respect of which the regulations make provision that specified results are to be obtained, the results specified in the certificate were obtained; and
	(viii)	that the figure recorded or shown by the approved breath analysis instrument as the result of the analysis was a specified figure or was not less than a specified figure and not more than another specified figure, as the case requires; and
	(ix)	that, as soon as practicable after the breath analysis was carried out, he or she signed and delivered to the person referred to in subparagraph (a) (ii) a statement as required by section 12 (5); 
is evidence of the matters stated in the certificate; and
	(b)	a certificate purporting to be signed by a police officer and stating—
	(i)	that he or she was on a specified date an approved operator; and
	(ii)	that, at a place and time and on a date specified in the certificate, a person named in the certificate was required by a specified police officer to provide a sample of his or her breath for breath analysis by an approved breath analysis instrument; and
	(iii)	the instrument available for the purpose of the analysis, by reference to its model number, patent number and serial number; and
	(iv)	that the approved breath analysis instrument was in proper working order; and
	(v)	the procedures followed immediately before the person was required to provide a sample of his or her breath for the breath analysis and the results obtained in following those procedures; and
	(vi)	that the person referred to refused or failed to provide a sample of his or her breath for analysis; and
is evidence of the matters stated in the certificate; and
	(ba)	a written statement referred to in subsection 12 (5), being a print-out from an approved breath analysis instrument, is evidence of the matters stated in the statement; and
	(c)	a certificate purporting to be signed by a doctor or a nurse stating that—
	(i)	he or she is a doctor or a nurse, as the case requires; and
	(ii)	at a specified place and on a date and at a time specified, he or she took a sample of blood or other body sample of a person named in the certificate; and
	(iii)	he or she placed approximately equal quantities of the sample of blood or other body sample into 2 containers; and
	(iv)	on a label affixed to each container, he or she signed his or her name and wrote the name of the person from whom the sample was taken and the date on which and the time at which the sample was taken; and
	(vi)	he or she—
	(A)	gave 1 container to the person from whom the sample had been taken and put the other container in a one-way box; or
	(B)	put both containers in a one-way box;
is evidence of the matters stated in the certificate;
	(ca)	a certificate purporting to be signed by a doctor stating that—
	(i)	he or she is a doctor; and
	(ii)	at a specified hospital and on a date and at a time specified, he or she was attending the person named in the certificate; and
	(iii)	he or she was informed by a police officer of the officer’s intention to require a person to undergo a screening test under section 8, 9 or 10 or to provide a sample of the person’s breath for breath analysis under section 12; and
	(iv)	he or she was of the opinion at the time he or she was so informed that—
	(A)	compliance with the requirement would be detrimental to the person’s medical condition; or
	(B)	compliance with the requirement would not be detrimental to the person’s medical condition;
is evidence of the matters stated in the certificate; and
	(cb)	a certificate purporting to be signed by a doctor or a nurse stating that—
	(i)	he or she is a doctor or a nurse, as the case requires; and
	(ii)	at a specified place and on a date and at a time specified, he or she took a sample of blood from the person named in the certificate; and
	(iii)	he or she placed approximately equal quantities of the sample of blood into 2 containers; and
	(iv)	on a label affixed to each container, the doctor or a nurse, as the case requires signed his or her name and wrote the name of the person from whom the sample was taken and the date on which and the time at which the sample was taken; and
	(v)	each container was sealed; and
	(vi)	he or she—
	(A)	gave 1 container to the person named in the certificate and put the other container in a one-way box; or
	(B)	put both containers in a one-way box; and
	(vii)	where the sample of blood was taken under section 15—he or she held the opinion at the time when the sample was taken that the person was at that time, because of the person’s medical condition, incapable of giving or refusing permission to take a sample of blood; 
is evidence of the matters stated in the certificate;
	(cc)	a certificate that appears to be a certificate mentioned in subsection 33 (4), (5) or (6) of the Road Transport (Safety and Traffic Management) Act 1999 (NSW) is evidence of the matters stated in the certificate; and
	(d)	a certificate purporting to be signed by an approved analyst and stating—
	(i)	that he or she is an approved analyst; and
	(ii)	that he or she analysed a sample from a sealed container to which was affixed a label purporting to be signed by a doctor or nurse named in the certificate and bearing the name of a person specified in the certificate as the person from whom the sample was taken and the date and time when the sample was taken; and
	(iii)	the analysis to which the sample was subjected; and
	(iv)	the result of the analysis; 
is evidence of the matters stated in the certificate; and
	(e)	a certificate expressed to be given for the purposes of this paragraph, purporting to be signed by a person specified or described in the regulations and containing statements in relation to matters permitted by the regulations to be stated in such a certificate is evidence of matters stated in the certificate.
(2) 	A certificate expressed to be given for the purposes of a paragraph of this section is not inadmissible by reason only of the fact that the certificate relates to 1, or some only, of the matters referred to in that paragraph.
41A 	Evidence for insurance purposes
(1) 	Notwithstanding section 41, evidence—
	(a)	that a sample of blood was taken from a person pursuant to subsection 15 (4) or 15AA (1); or
	(b)	that a doctor or nurse dealt with a container holding a sample of blood in accordance with subsection 15 (6) or 15AA (3); or
	(c)	that a statement was given pursuant to section 15B; or
	(d)	of the content of a statement issued pursuant to section 15B; or
	(e)	that the person was found guilty of a relevant offence; or
	(f)	that, in consequence of the person’s being found guilty or being convicted of a relevant offence, an order was made in relation to the person; or
	(g)	that the person was charged with a relevant offence and, pursuant to section 556A of the Crimes Act 1900, the charge was dismissed, or an order was made in respect of the person; or
	(h)	pursuant to section 448 of the Crimes Act 1900, a relevant offence was taken into account in passing sentence upon the person;
is not, in any proceedings in relation to an insurance contract, admissible as evidence that the person was, at any time, under the influence of or in any way affected by alcohol, or was under the influence of or affected by alcohol or a drug to such an extent as to be incapable or of exercising effective control over a motor vehicle.
(2) 	A statement given to a person pursuant to section 15B is not, in any proceedings in relation to an insurance contract, admissible as evidence that the person was, at any time, under the influence of or in any way affected by alcohol, or was under the influence of or affected by alcohol or a drug to such an extent as to be incapable of driving or of exercising effective control over a motor vehicle. 
(3) 	A covenant, term, condition or provision of an insurance contract is void to the extent that it purports to exclude, limit, modify or restrict the liability of the insurer if the owner, registered operator or driver of a motor vehicle is convicted or found guilty of an offence against this Act.
(4) 	A covenant, term, condition or provision of an insurance contract is void to the extent that it purports to exclude limit, modify or restrict the operation of this section.
(5) 	Nothing in this section shall be taken as precluding the inclusion in an insurance contract of a covenant, term, condition or provision that excludes, limits, modifies or restricts the liability of the insurer otherwise than by a covenant, term, condition or provision of a kind referred to in subsection (3) or (4).
(6) 	In subsection (1)—
relevant offence means an offence against section 19 in respect of a sample of blood taken from a person under subsection 15 (4) or 15AA (1).
42 	Effect of noncompliance—analysis of breath or blood
(1) 	This section applies where the court hearing a charge for an offence against this Act arising out of the carrying out of a breath analysis or the taking and analysis of a sample of the blood of a person is not satisfied that there has been compliance with every provision of this Act or the regulations relating to the carrying out of the breath analysis or the taking and analysis of the sample of blood.
(2) 	Unless the court is satisfied that the failure to comply with the provisions of this Act or the regulations referred to in subsection (1) was such that, had the failure not occurred, the result obtained in—
	(a)	the breath analysis would have been, or exceeded, the prescribed concentration; or
	(b)	the analysis of the sample of blood would have been equal to, or exceeded, the prescribed concentration; 
as the case requires, the court shall dismiss the charge.
42A 	Effect of noncompliance—analysis of body sample
(1) 	This section applies where the court hearing a charge for an offence against this Act arising out of the giving or taking, as the case requires, and the analysis, of a sample from the body of a person is not satisfied that there has been compliance with every provision of this Act or the regulations relating to the giving or taking, and the analysis, of the sample from the body of a person.
(2) 	Unless the court is satisfied that the failure to comply with the provision of this Act or the regulations referred to in subsection (1) would not have affected the result obtained in the analysis, the court shall dismiss the charge.
42B 	Effect of noncompliance—refusal to give sample of breath
(1) 	This section applies where the court hearing a charge for an offence against section 22 is not satisfied that there has been compliance with every provision of this Act and the regulations relating to that part of the carrying out of a breath analysis that is required to be carried out before the sample of breath is supplied.
(2) 	Unless the court is satisfied that the failure to comply with the provisions of this Act or the regulations referred to in subsection (1) was such that, had the failure not occurred and the breath analysis taken place, the result obtained in the analysis would have been, or exceeded, the prescribed concentration, the court shall dismiss the charge. 
43 	Oral evidence concerning s 41 certificate
(1) 	A person who has been charged with an offence against this Act may give notice in writing to the chief police officer that he or she will require the attendance, for the purpose of giving evidence orally, at court on the hearing of the charge of each or any person by whom a certificate referred to in section 41 is given.
(2) 	Notice under subsection (1) may be given by leaving it at, or posting it to, the chief police officer at his or her office, not less than 7 days before the date fixed for the hearing of the proceedings against the person charged or within such shorter period as the court allows.
(3) 	Notwithstanding that a notice has been given under subsection (2) and that the persons referred to in the notice give evidence relating to the matters stated in the certificates, the certificates referred to in section 41—
	(a)	are admissible in evidence; and
	(b)	are evidence of the matters stated in the certificates and of the facts upon which they are based; and
	(c)	have such probative value as the court determines consistently with the other evidence before the court. 

Part 8—Rehabilitation programs
44 	Approval of programs
(1) 	For the purposes of this Act, the Minister may approve a program of therapy or education which the Minister believes on reasonable grounds would assist in the rehabilitation of persons suffering from alcohol dependence.
(2) 	An approval given under subsection (1) must be published in the Gazette as soon as practicable after it is given.
44A 	Conditions
(1) 	An approval under section 44 shall specify any condition to which it is subject.
(2) 	Without limiting the generality of subsection (1), a condition of an approval may require the person in charge of the program to report to the registrar of the court about the progress of persons whom the court has ordered to undertake the program.

Part 9—Miscellaneous
45 	Power of arrest
	Notwithstanding subsection 352 (2) of the Crimes Act 1900, a police officer who has an approved screening device immediately available for use is not entitled to arrest without a warrant a person whom he or she suspects is guilty of an offence against section 24 (1) unless and until he or she has required that person to undergo a screening test and the person has undergone, or refused to undergo, the screening test.
46 	Penalty for escaping from custody
	A person who, having been taken into custody by a police officer in pursuance of section 11, 15 or 16, escapes from the custody of that police officer or from the custody of another police officer in whose custody he or she has been placed is guilty of an offence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
47 	Right of arrested person to medical examination
(1) 	A police officer who arrests a person for an offence against this Act shall inform the arrested person or another person acting on behalf of the arrested person that the arrested person is entitled to be medically examined by a doctor to be nominated by the arrested person or by the other person.
(2) 	Where the arrested person or the other person on his or her behalf requests the police officer to arrange such a medical examination, the police officer shall, as far as it is practicable and as soon as it is practicable to do so, arrange for the medical examination of the arrested person.
48 	When police officer may move a person’s motor vehicle
(1) 	This section applies to a motor vehicle driven by a person—
	(a)	arrested for an offence against this Act; or
	(b)	taken into custody under section 11, 15 or 16.
(2) 	A police officer may take charge of, enter and drive the vehicle to a retention area.
(3) 	As soon as practicable after moving the vehicle to a retention area, the police officer must report the action to the police officer in charge of the closest police station and ask that the responsible person for the vehicle (or someone else entitled to possession of the vehicle), and the person who was 
driving the vehicle before being arrested or taken into custody, be told where it has been moved to.
(4)	A vehicle moved to a retention area is taken to be uncollected goods under the Uncollected Goods Act 1996 and—
	(a)	the road transport authority is taken to be the possessor of the vehicle under that Act; and
	(b)	the responsible person for the vehicle is taken to be the owner of the vehicle; and
	(c)	the road transport authority may dispose of the vehicle in accordance with Part 3 of that Act; and
	(d)	reasonable costs of the possessor in complying with that Act are taken to include the cost of moving the vehicle to the retention area.
(5) 	The possessor is not required to release the vehicle from the retention area in accordance with the Uncollected Goods Act 1996—
	(a)	to the person who has been arrested or taken into custody, unless satisfied, on reasonable grounds, that the person can drive the vehicle without committing an offence against this Act; or
	(b)	to a person who appears to be authorised for the purpose by the responsible person or the person arrested or in custody, unless satisfied, on reasonable grounds, that the person appears to understand the nature of the authority.
(6) 	However, the responsible person for the vehicle is not required to pay costs under paragraph 26 (2) (a) or (b) of the Uncollected Goods Act 1996 if the responsible person satisfies the road transport authority that the vehicle was stolen or illegally taken or used at the relevant time.
Note	Paragraphs 26 (2) (a) and (b) of the Uncollected Goods Act 1996 require the owner to pay the reasonable costs incurred by the possessor in complying with that Act and the possessor’s reasonable costs in storing and maintaining the goods before they are collected.
49 	Default term of imprisonment
	Where the court orders a pecuniary penalty to be paid by a person convicted of an offence against this Act, the court shall specify in the order the period of imprisonment to be served by the person convicted in default of payment of the penalty, being a period not exceeding the period of imprisonment for which the person may be sentenced by the court for the offence of which the person is convicted.
50 	References to Motor Traffic (Alcohol and Drugs) Act etc
	In any Act, instrument made under an Act or document—
	(a)	a reference to the Motor Traffic (Alcohol and Drugs) Act 1977 is, in relation to anything to which this Act applies after the commencement of this section, a reference to this Act; and
	(b)	a reference to the Motor Traffic (Alcohol and Drugs) Regulations is a reference to the Road Transport (Alcohol and Drugs) Regulations 2000.
51 	Regulation-making power
	The Executive may make regulations for this Act.

Part 10—Transitional
52 	Expiry of paragraph (g) of definition of relevant offence in s 4D (3) 
	Paragraph (g) of the definition of relevant offence in subsection 4D (3) and this section cease to have effect 5 years after the commencement of the Road Transport (General) Act 1999.
53 	Approved operator
(1) 	A police officer who was an approved operator under this Act immediately before the commencement of this section is taken to be, on and after that commencement, a police officer authorised by the chief police officer under subsection 6 (1) to carry out breath analysis.
(2) 	This section ceases to have effect 2 years after the commencement of the Road Transport (General) Act 1999.

	Schedule	(See dict, def of drug)
Drugs
	1	Amitriptyline and other tricyclic antidepressants
	2	Antihistamines, and all tertiary nitrogenous organic bases which possess pharmacological properties characteristic of antihistamine substances
	3	Barbituric acid and its derivatives
	4	Carbromal
	5	Chloral hydrate and its derivatives
	6	Chloradiazepoxide and other substances structurally derived from benzodiazepine with ataractic properties
	7	Chlormezanone
	8	Chlorpromazine and other substances structurally derived from phenothiazine with ataractic properties
	9	Chlorprotixene and other thioxanthines
	10	Ethchlorvynol
	11	Ethinamate
	12	Glutehimide
	13	Haloperidol and other substances structurally derived from butyrophenone with ataractic properties
	14	Meprobamate
	15	Mianserin and other tetracyclic antidepressants
	16	Paraldehyde
	17	Phenelzine and other monoamine oxidase inhibitors with ataractic properties.

	DICTIONARY	(See s 3)
accident means an accident on a public street or in a public place, whether within or outside the Territory, that involves a motor vehicle.
another jurisdiction means a jurisdiction other than the ACT.
approved analyst means a person who is appointed by the Minister under subsection 6 (2).
approved breath analysis instrument means an instrument of a type that is approved by the Minister under subsection 5 (1).
approved operator means a police officer who is authorised by the chief police officer under subsection 6 (1). 
approved screening device means a device of a type that is approved by the Minister under subsection 5 (2).
Australian driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary. 
breath analysis, in relation to a person, means an analysis of a sample of the person’s breath carried out for the purposes of this Act by means of an approved breath analysis instrument.
corresponding offence means an offence against a law of another jurisdiction that corresponds to a disqualifying offence, and includes any offence against the law of another jurisdiction arising out of the driving of a motor vehicle by a person who is or may be affected by alcohol, a drug or both.
court means—
	(a)	in relation to proceedings in or a matter before, or in relation to proceedings or matters that may be brought in or before, the Supreme court—the Supreme court; and
	(b)	in relation to proceedings in or a matter before, or in relation to proceedings or matters that may be brought in or before, the magistrates court—the magistrates court.
disqualifying offence means an offence against—
	(a)	section 19 (Prescribed blood alcohol concentration exceeded); or
	(b)	section 22 (Refusing to provide breath sample); or
	(c)	section 23 (Refusing blood test etc); or
	(d)	section 24 (Driving under the influence of intoxicating liquor or a drug); or
	(e)	another provision of this Act prescribed under the regulations.
doctor—see the Interpretation Act 1967, dictionary.
drive a motor vehicle includes—
	(a)	start or attempt to start the engine of the vehicle; and
	(b)	put or attempt to put the vehicle in motion; and
	(c)	be in, and in charge of, the vehicle; and
	(d)	be in control of the steering, movement or propulsion of the vehicle; and
	(e)	if the vehicle can be ridden—ride the vehicle.
driver, of a motor vehicle, means the person who is driving the vehicle. 
driver involved in an accident means a driver of a motor vehicle that is involved in an accident who—
	(a)	appears to have attained the age of 15 years; and
	(b)	attends, or is admitted to, a hospital for the purpose of examination or treatment as a consequence of the accident.
driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
drug means—
	(a)	a substance specified in Schedule;
	(b)	a substance that is specified in Schedule 1 or 2 to the Drugs of Dependence Regulations; or
	(c)	any other substance that, on its own or in combination with alcohol, may influence the driving of the person who has taken the drug.
external driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
Note 	An external driver licence is a foreign driver licence or an external Territory driver licence.
first offender—see section 4D.
GCM—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
GVM—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
jurisdiction—means a State, the Commonwealth or an internal Territory, including the ACT.
level, for a concentration of alcohol in blood—see section 4C. 
motor vehicle means a vehicle built to be propelled by a motor that forms a part of the vehicle.
nurse means a person who is a registered nurse within the meaning of the Nurses Act 1988.
offence of culpable driving, for a person, means—
	(a)	an offence against section 29 (Culpable driving) of the Crimes Act 1900; or
	(b)	any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way a person drove a motor vehicle.
one-way box means a locked box, with a hole capable of receiving containers of blood samples, from which the containers cannot be removed unless the box is unlocked with a key kept by an approved analyst.
prescribed concentration—
	(a)	in relation to a special driver—means 0.02g of alcohol per 100mL of blood; and
	(b)	in relation to any other person—means 0.05g of alcohol per 100mL of blood.
public place—see section 4A.
public street means a street, road, lane or footpath (including a street, road, lane or footpath on or forming part of a bridge) that is open to or used by the public and includes an entrance driveway leading to a parcel of land.
registered operator—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
repeat offender—see section 4D.
responsible person, for a vehicle—see the Road Transport (General) Act 1999, section 10.
restricted licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
road transport authority (or authority) means the Australian Capital Territory Road Transport Authority.
Note 	The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16).
road transport legislation—see the Road Transport (General) Act 1999, section 6.
screening test in relation to a person, means a test of sample of the breath of the person carried out for the purposes of this Act by means of an approved screening device.
special driver—see section 4B.

ENDNOTES
1	About this republication
This is a republication of the Road Transport (Alcohol and Drugs) Act 1977 effective from 1 March 2000 to 23 May 2001.
Amending laws are annotated in the table of legislation and table of amendments.
2	About the republished Act
The Road Transport (Alcohol and Drugs) Act 1977 was originally the Motor Traffic (Alcohol and Drugs) Act 1977.  It was renamed by the Road Transport Legislation Amendment Act 1999 (see sch 3).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*    SL unless otherwise stated
†   Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Legislation before self-government
Ordinance†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Motor Traffic (Alcohol and Drugs) Ordinance 1977	1977 No 17	21 June 1977	1 Dec 1977 (see Gaz 1977 No S242)		
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1977	1977 No 52	27 Sept 1977	27 Sept 1977	—	
Ordinances Revision Ordinance 1978	1978 No 46	28 Dec 1978	28 Dec 1978	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1980	1980 No 37	14 Oct 1980	14 Oct 1980	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1981	1981 No 16	30 June 1981	30 June 1981	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance  (No. 2) 1981	1981 No 29	24 Sept 1981	24 Sept 1981	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance  1982	1982 No 94	17 Dec 1982	17 Dec 1982	—	
Motor Traffic (Alcohol and Drugs) (Amendment)   Ordinance 1984	1984 No 63	2 Nov 1984	2 Nov 1984	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1985	1985 No 51	19 Sept 1985	19 Sept 1985	—	
Magistrates Court Ordinance 1985	1985 No 67	19 Dec 1985	1 Feb 1986 (see Gaz 1986 No G3 
p 265)	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1987	1987 No 9	2 Apr 1987	2 Apr 1987	—	
Drug Laws (Consequential Amendments) Ordinance 1989	1989 No 14	15 Mar 1989	1 Apr 1989 (see Gaz 1989 No S109)	—	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 No S164)
	—	

Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Acts Revision (Arrest Without Warrant) Act 1989	1989 No 23	1 Dec 1989	1 Dec 1989	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1989	1989 No 24	7 Dec 1989	7 Dec 1989	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1990	1990 No 64	24 Dec 1990	1 Jan 1991	—	
Magistrates and Coroner’s Courts (Registrar) Act 1991	1991 No 44	20 Sept 1991	ss 1 and 2:  20 Sept 1991
remainder:  25 Sept 1991 (see Gaz 1991 No S103 p 2)	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1992	1992 No 63	30 Oct 1992	30 Oct 1992	s 10	
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1993	1993 No 22	5 Apr 1993	5 Apr 1993	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act  (No. 2) 1993	1993 No 50	27 Aug 1993	ss 1-3:  27 Aug 1993
remainder:  1 Sept 1993 (see Gaz 1993 No S177 p 2)	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act  (No. 3) 1993	1993 No 58	6 Sept 1993	ss 1 and 2:  6 Sept 1993
remainder:  27 Sept 1993 (see s 2 (2) and Gaz 1993 No S201 p 3)	—	
Statute Law Revision Act 1994	1994 No 26	31 May 1994	31 May 1994	—
	
Statute Law Revision (Penalties) Act 1994
	1994 No 81	29 Nov 1994	ss 1 and 2:  29 Nov 1994
remainder:  29 Nov 1994 (see Gaz 1994 No S269 p 2)	—	
Motor Traffic (Consequential Provisions) Act 1996	1996 No 7	10 Apr 1996	ss 1-3:  10 Apr 1996
remainder:  12 Sept 1996 (see s 2 (2))	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1996	1996 No 48	19 Sept 1996	19 Sept 1996	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1997	1997 No 51	19 Sept 1997	ss 1-3:  19 Sept 1997
remainder:   2 Mar 1998 (see Gaz 1997 No S427)	pt III
(ss 16-20)	
Motor Traffic (Alcohol and Drugs) (Amendment) Act (No. 2) 1997	1997 No 53	19 Sept 1997	ss 1-3:  19 Sept 1997
remainder:   2 Mar 1998 (see Gaz 1997 No S428)	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act 1999	1999 No 11	23 Mar 1999	23 Mar 1999	—	
Motor Traffic (Alcohol and Drugs) (Amendment) Act (No. 2) 1999
	1999 No 18	14 Apr 1999	14 Apr 1999	—	
Road Transport Legislation Amendment Act 1999	1999 No 79	23 Dec 1999	1 Mar 2000 (see s 2 and Gaz 2000 No S5)
	—	
5	Table of amendments

Provision	How affected†

s 1	sub 1999 No 79 s 5 sch 3
s 3	sub 1999 No 79 s 5 sch 3
s 4	am 1980 No 37; 1981 No 29; 1985 Nos 51 and 67; 1989 Nos 14 and 24; 1990 No 64; 1992 No 63; 1993 No 58; 1994 No 26; 1996 Nos 7 and 48; 1997 Nos 51 and 53 
	om (in pt) 1999 No 79 s 5 sch 3
	reloc (in pt) to dict 1999 No 79 s 5 sch 3
s 4	sub 1999 No 79 s 5 sch 3
ss 4A-4D	ins 1999 No 79 s 5 sch 3
s 5	am  1980 No 37; 1985 No 51; 1992 No 63; 1999 No 79 s 5 sch 3
s 6	am 1985 No 51; 1989 No 24; 1992 No 63; 1999 No 79 s 5 sch 3
s 7	am 1978 No 46; 1981 No 16 
	sub 1999 No 79 s 5 sch 3
s 8	am 1982 No 94; 1985 No 51; 1989 No 24; 1999 No 79 s 5 sch 3
ss 9, 10	am 1985 No 51; 1989 No 24 
s 10A	ins 1982 No 94 
	am 1985 No 51; 1989 No 24; 1990 No 64 
	om 1999 No 11
s 11	am 1977 No 52; 1985 No 51; 1990 No 64; 1992 No 63; 1997 No 51 
s 12	am 1982 No 94; 1985 No 51; 1989 No 24; 1992 No 63 
s 13	am 1992 No 63 
s 14	am 1982 No 94; 1985 No 51; 1989 No 24; 1999 No 79 s 5 sch 3
s 15	am 1985 No 51; 1989 No 24; 1992 No 63; 1997 No 53; 1999 No 79 s 5 sch 3

s 15AA	ins 1997 No 53
	am 1999 No 79 s 5 sch 3
s 15A	ins 1989 No 24 
	am 1997 No 53 
s 15B	ins 1997 No 53 
s 16	am 1985 No 51; 1992 No 63; 1997 No 53; 1999 No 79 s 5 sch 3
s 16A	ins 1997 No 53
s 17	am 1985 No 51; 1992 No 63 
	sub 1997 No 53 
	am 1999 No 79 s 5 sch 3
s 18	am 1985 No 51; 1989 Nos 38 and 23; 1992 No 63; 1997 No 53; 1999 No 79 s 5 sch 3
s 18A	ins 1999 No 79 s 5 sch 3
s 19	am 1990 No 64; 1992 No 63
	sub 1993 No 22
	am 1994 No 81; 1997 Nos 51 and 53 
s 20	am 1989 No 24 
	om 1993 No 22 
s 21	am 1992 No 63; 1993 No 22 
s 22	am 1985 No 51; 1992 No 63; 1994 No 81 
s 23	am 1992 No 63; 1994 No 81; 1997 No 53; 1999 No 79 s 5 sch 3
s 24	am 1992 No 63; 1994 No 81 
s 24A	ins 1999 No 79 s 5 sch 3
s 25	am 1977 No 52; 1985 No 67; 1990 No 64; 1992 No 63; 1993 No 22; 1997 No 51 
	om 1999 No 79 s 5 sch 3
s 26	am 1993 No 22
	om 1994 No 81 
	ins 1997 No 51
s 26A	ins 1990 No 64 
	am 1993 No 22; 1993 No 50; 1993 No 58 
	om 1997 No 51 
s 27	am 1993 No 22 
	om 1994 No 81 
	ins 1999 No 18 
	am 1999 No 79 s 5 sch 3
s 28	am 1990 No 64; 1992 No 63; 1993 No 22 
	om 1997 No 51
s 29	am 1984 No 63; 1989 No 38; 1991 No 44; 1992 No 63; 1997 No 51; 1999 No 79 s 5 sch 3
s 31	am 1990 No 64; 1992 No 63; 1993 No 22 
	sub 1997 No 51
	om 1999 No 79 s 5 sch 3

s 32	am 1985 No 67; 1990 No 64; 1992 No 63; 1993 No 22; 1993 No 58 
	sub 1997 No 51; 1999 No 79 s 5 sch 3
s 33	sub 1997 No 51; 1999 No 79 s 5 sch 3
s 34	am 1992 No 63; 1994 No 81 
	sub 1997 No 51; 1999 No 79 s 5 sch 3
s 35	am 1993 No 58 
	sub 1997 No 51 
	om 1999 No 79 s 5 sch 3
pt V (ss 36-39)	om 1997 No 51 
ss 36, 37	am 1992 No 63 
	sub 1997 No 51 
	om 1999 No 79 s 5 sch 3
s 38	am 1992 No 63; 1994 No 81 
	sub 1997 No 51
s 39	am 1985 No 67 
	sub 1997 No 51 
	om 1999 No 79 s 5 sch 3
pt VI (s 40)	om 1997 No 51
s 40	am 1992 No 63; 1993 No 58; 1994 No 81
	om 1997 No 51
s 41	am 1980 No 37; 1985 No 51; 1989 No 24; 1992 No 63; 1997 Nos 51 and 53; 1999 No 79 s 5 sch 3
s 41A	ins 1989 No 24
	am 1993 No 22; 1997 No 53; 1999 No 79 s 5 sch 3
s 42	sub 1985 No 51
	am 1990 No 64
s 42A	ins 1985 No 51 
s 42B	ins 1985 No 51 
	am 1990 No 64 
s 43	am 1992 No 63; 1997 No 51; 1999 No 79 s 5 sch 3
pt VIII (s 44)	om 1997 No 51 
pt 8 (ss 44, 44A,	ins 1997 No 51 
   44B)
s 44	am 1989 No 38 
	sub 1997 No 51 
	am 1999 No 79 s 5 sch 3
s 44A	ins 1997 No 51 
s 44B	ins 1997 No 51 
	om 1999 No 79 s 5 sch 3
s 45	am 1985 No 51; 1989 No 23; 1992 No 63 
s 46	am 1985 No 51; 1992 No 63; 1994 No 81 
s 47	am 1985 No 51; 1987 No 9; 1992 No 63; 1997 No 51; 1999 No 79 s 5 sch 3

s 48	am 1992 No 63
	om 1997 No 51 
	ins 1999 No 79 s 5 sch 3
s 49	am 1992 No 63 
ss 50, 51	sub 1999 No 79 s 5 sch 3
pt 10	ins 1999 No 79 s 5 sch 3
s 52	am 1989 No 38 
	sub 1999 No 79 s 5 sch 3
s 53	ins 1999 No 79 s 5 sch 3
sch	ins 1980 No 37 
sch 1	ins 1985 No 51 
hdg to sch	om 1985 No 51 
hdg to sch 2	ins 1985 No 51 
sch 2	am 1989 No 38 
	om 1992 No 63 
dict	ins 1999 No 79 s 5 sch 3
	am 1999 No 79 s 5 sch 3

6	Table of earlier republications
Republication No	Amendments to	Republication date	
1	Act 1991 No 44	30 September 1991	
2	Act 1993 No 58	30 September 1993	
3	Act 1994 No 81	28 February 1995	
4	Act 1997 No 53	2 March 1998	

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