Australian Capital Territory
Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011
A2011-15
    
Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Crimes Act 1900
	4	Power to enter premises to arrest offender
Section 220 (4), definition of relevant offence, paragraph (b) (iv)	3
Part 3	Road Transport (Alcohol and Drugs) Act 1977
	5	Meaning of public place
Section 4A	4
	6	Meaning of special driver
Section 4B (1) (a)	4
	7	Section 4B (3), new definitions	4
	8	New section 4BA	5
	9	Section 8	5
	10	Section 9 heading	6
	11	New section 9A	6
	12	Section 10 heading	7
	13	New section 10 (2)	7
	14	Detention for breath analysis
Section 11 (1) (a) and (b)	7
	15	Breath analysis
Section 12 (5), new example	7
	16	Section 13A	8
	17	Section 13B heading	9
	18	New section 13BA	9
	19	Section 13C heading	10
	20	New section 13C (1A)	10
	21	Detention for oral fluid analysis
Section 13D (1) (a) and (b)	10
	22	Oral fluid––preliminary analysis
Section 13E (6), new example	10
	23	Oral fluid—confirmatory analysis
Section 13G (3)	11
	24	Section 13G (4)	11
	25	New section 13H	11
	26	Restrictions on tests etc under this part
Section 14 (1)	12
	27	Section 14 (1) (b)	12
	28	Section 14 (3) (c) (i) to (iii)	12
	29	Taking blood samples from people in custody
Section 15 (1)	13
	30	Section 15 (4)	13
	31	Section 15 (4)	13
	32	Taking blood samples from people in hospital
Section 15AA (1) (c) (i)	14
	33	Medical examination—offence against s 24 or culpable driving
Section 16 (1)	14
	34	Section 16 (2)	15
	35	Section 16 (3)	15
	36	Section 16 (4) to (6)	15
	37	Analysis of body samples
Section 16A (2) (a) and (b)	16
	38	Keeping of samples––request by DPP
Section 16C (1) (a)	16
	39	Section 16C (1) (b) (ii)	16
	40	Section 16C (4), definition of preserved part, new paragraph (aa)	16
	41	Section 16C (4), definition of preserved part, paragraph (b)	17
	42	Destruction of samples
Section 16D (1)	17
	43	Section 16D (2)	17
	44	New division 2.8	18
	45	Prescribed concentration of alcohol in blood or breath
Section 19 (1) (a)	19
	46	Section 19 (5), definition of relevant period	19
	47	Defence if person did not intend to drive motor vehicle
Section 19A	20
	48	Defence if special driver with lower concentration of alcohol from allowable source
Section 19B (1) (b)	20
	49	Section 20 heading	20
	50	Section 20 (1)	21
	51	Section 20 (4), definition of relevant period	21
	52	Refusing to provide breath sample
Section 22 (a)	22
	53	Refusing to provide oral fluid sample
Section 22A (1) (a)	22
	54	Failing to stay for drug screening test
Section 22B (1), note 1	22
	55	Refusing blood test etc
Section 23 (1) (a)	23
	56	Driver etc intoxicated
Section 24A (1)	23
	57	Fines and imprisonment––s 19 offences
New section 26 (3)	23
	58	Automatic driver licence disqualification––first offenders, s 19
Section 32 (2)	24
	59	Automatic driver licence disqualification––repeat offenders, s 19
Section 33 (2)	24
	60	Automatic driver licence disqualification––offences other than s 19
Section 34 (1) and (2)	24
	61	Evidentiary certificates––drug-related tests
Section 41AA (4) (a)	25
	62	Evidentiary certificate––blood sample not taken
Section 41AC (b)	25
	63	Evidence for insurance purposes
Section 41A (1) (i)	25
	64	Section 41A (1) (j)	25
	65	Section 41A (2)	26
	66	Section 41A (5), definition of relevant offence, paragraph (b)	26
	67	When police officer may move person’s motor vehicle
Section 48 (1) (b)	26
	68	Regulation-making power
New section 51 (2)	27
	69	Dictionary, note 3	27
	70	Dictionary, definition of disqualifying offence, paragraph (b)	27
	71	Dictionary, new definitions	27
	72	Dictionary, definitions of public place and public street	27
	73	Dictionary, new definition of sampling facility	28
	74	Further amendments, mentions of public street or in a public place	28
Part 4	Road Transport (Driver Licensing) Regulation 2000
	75	Meaning of required medical standards
Section 15 (1)	29
	76	Eligibility requirements for licence classes
Section 28 (3) (c) except note	29
	77	Provisional licence requirement for motorcycle licences
Section 29 (3) (c)	29
	78	Provisional licence requirement for car licences etc
Section 30 (3) (c)	29
	79	Working out period a class or kind of licence has been held
Section 68	30
	80	New section 141	30
	81	Dictionary, new definitions	30
Part 5	Road Transport (General) Act 1999
	82	Definitions—div 4.2
Section 61A, new definition of driver trainer	31
	83	Section 61A, definition of immediate suspension offence (or suspension offence), paragraph (a) (i)	31
	84	Dictionary, new definition of driver trainer	31
Part 6	Road Transport (Offences) Regulation 2005
	85	Schedule 1 heading	32
	86	Schedule 1, part 1.3, items 3 and 4, column 3	32
	87	Schedule 1, part 1.3, items 6 to 19	33
Part 7	Spent Convictions Act 2000
	88	How are traffic offences to be dealt with?
Section 14 (1), new definition of driver trainer	47
	89	Section 14 (4) (c)	47
	90	Section 14 (4) (c)	47
	91	Section 14 (4) (c)	47

Australian Capital Territory
Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011
A2011-15

An Act to amend legislation about driving under the influence of alcohol and drugs, 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 (Alcohol and Drugs) Legislation Amendment Act 2011.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Crimes Act 1900
·	Road Transport (Alcohol and Drugs) Act 1977
·	Road Transport (Driver Licensing) Regulation 2000
·	Road Transport (General) Act 1999
·	Road Transport (Offences) Regulation 2005
·	Spent Convictions Act 2000.

Part 2	Crimes Act 1900
4	Power to enter premises to arrest offender
Section 220 (4), definition of relevant offence, paragraph (b) (iv)
omit
Driving with prescribed drug in oral fluid or blood
substitute
Prescribed drug in oral fluid or blood––driver or driver trainer

Part 3	Road Transport (Alcohol and Drugs) Act 1977
5	Meaning of public place
Section 4A
omit
6	Meaning of special driver
Section 4B (1) (a)
substitute
	(a)	the person is not the holder of an Australian driver licence, an external territory driver licence or a foreign driver licence from a recognised country; or
	(aa)	the person holds a foreign driver licence that––
	(i)	is not issued under the law of a recognised country; or
	(ii)	if the licence is issued under the law of a recognised country––is a licence that corresponds to a licence mentioned in paragraph (d); or
7	Section 4B (3), new definitions
insert
Austroads––see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
recognised country––see the Road Transport (Driver Licensing) Regulation 2000, section 141.
8	New section 4BA
insert
4BA	Meaning of driver trainer
For this Act, driver trainer means a person mentioned in section 4B (1) (h), (i) or (j). 
9	Section 8
substitute
8	Power to require alcohol screening test if vehicle not involved in accident––driver and driver trainer
	(1)	A police officer may require a person to undergo an alcohol screening test in accordance with the directions of that officer if—
	(a)	the person is––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area; or
	(b)	the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area.
	(2)	Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo an alcohol screening test.
10	Section 9 heading
substitute
9	Power to require alcohol screening test if vehicle involved in accident––driver
11	New section 9A
insert
9A	Power to require alcohol screening test if vehicle involved in accident––driver trainer
If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo an alcohol screening test in accordance with the directions of that officer—
	(a)	if the police officer has reasonable cause to suspect that the person was the driver trainer in the motor vehicle at the time of the accident; or
	(b)	if—
	(i)	the police officer does not know or has doubt as to who was the driver trainer in 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.
12	Section 10 heading
substitute
10	Power to require alcohol screening test for culpable driving––driver and driver trainer
13	New section 10 (2)
insert
	(2)	A police officer who has reasonable cause to suspect that a person was the driver trainer in a motor vehicle involved in an offence of culpable driving may require the person to undergo an alcohol screening test in accordance with the directions of that officer.
14	Detention for breath analysis
Section 11 (1) (a) and (b)
after
section 9
insert
, section 9A
15	Breath analysis
Section 12 (5), new example
insert
Example––written statement
a print‑out from the breath analysis instrument
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).
16	Section 13A
substitute
13A	Power to require drug screening test if vehicle not involved in accident––driver and driver trainer
	(1)	A police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer if—
	(a)	the person is––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area; or
	(b)	the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area.
	(2)	The person must remain at the place where the drug screening test is being carried out until the test is completed in accordance with the police officer’s directions.
	(3)	Nothing in this section prevents a police officer from requiring both the driver and driver trainer to undergo a drug screening test.
17	Section 13B heading
substitute
13B	Power to require drug screening test if vehicle involved in accident––driver
18	New section 13BA
insert
13BA	Power to require drug screening test if vehicle involved in accident––driver trainer
	(1)	If a motor vehicle is involved in an accident on a road or road related area, a police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer—
	(a)	if the police officer has reasonable cause to suspect that the person was the driver trainer in the motor vehicle at the time of the accident; or
	(b)	if—
	(i)	the police officer does not know or has doubt as to who was the driver trainer in 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.
	(2)	The person must remain at the place where the drug screening test is being carried out until the test is completed in accordance with the police officer’s directions.
19	Section 13C heading
substitute
13C	Power to require drug screening test for culpable driving—driver and driver trainer
20	New section 13C (1A)
insert
	(1A)	A police officer who has reasonable cause to suspect that a person was the driver trainer in a motor vehicle involved in an offence of culpable driving may require the person to undergo 1 or more drug screening tests in accordance with the directions of that officer.
21	Detention for oral fluid analysis
Section 13D (1) (a) and (b)
after
section 13B
insert
, section 13BA
22	Oral fluid––preliminary analysis
Section 13E (6), new example
insert
Example––written statement
a print‑out from the oral fluid analysis instrument
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).
23	Oral fluid—confirmatory analysis
Section 13G (3)
substitute
	(3)	An analyst at the approved laboratory to which the sample is taken under subsection (2) must, as soon as practicable, arrange for the analysis of the sample at the laboratory or another approved laboratory to work out whether a prescribed drug is present in the sample.
24	Section 13G (4)
omit
The analyst
substitute
An analyst responsible for testing the sample
25	New section 13H
in division 2.5, insert
13H	Oral fluid analysis statement
	(1)	As soon as practicable after an analysis of a sample of a person’s oral fluid is carried out under section 13G, 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 oral fluid sample was taken;
	(b)	the unique identifying number on the tamper-evident seal;
	(c)	the result of the analysis;
	(d)	the address where the preserved part of the oral fluid sample is being held;
	(e)	that the person will be notified, in writing, of a request (if any) by the DPP under section 16C (Keeping of samples—request by DPP);
	(f)	that the person may, before the end of the period mentioned in section 13G (4) (b), ask the analyst to send the preserved part of the oral fluid sample to a laboratory nominated by the person, at the person’s expense.
	(2)	In this section:
preserved part—see section 13G (4).
26	Restrictions on tests etc under this part
Section 14 (1)
omit
, and a police officer must not begin or continue an analysis under section 12 or section 13E
27	Section 14 (1) (b)
after
vehicle
insert
or the driver trainer in the motor vehicle
28	Section 14 (3) (c) (i) to (iii)
substitute
	(i)	unless the person was, or the officer has reasonable cause to suspect that the person was, the driver of or driver trainer in a motor vehicle when it was involved in an accident on a road or road related area; or
	(ii)	unless the officer has reasonable cause to suspect that the person has committed, or was the driver trainer during the commission of, an offence of culpable driving; or
	(iii)	unless the requirement is made immediately after a motor vehicle driven by the person, or in which the person was a driver trainer, has stopped at or near the place where the person usually lives and the officer making the requirement has followed the motor vehicle while it was being driven on the road.
29	Taking blood samples from people in custody
Section 15 (1)
after
a hospital
insert
or sampling facility
30	Section 15 (4)
after 1st mention of
hospital
insert
or at the sampling facility
31	Section 15 (4)
after last mention of
hospital
insert
or at the facility
32	Taking blood samples from people in hospital
Section 15AA (1) (c) (i)
after
driver
insert
or driver trainer
33	Medical examination—offence against s 24 or culpable driving
Section 16 (1)
substitute
	(1)	This section applies to a person who has been––
	(a)	required to undergo––
	(i)	an alcohol screening test, or to provide a sample of the person’s breath for analysis under section 12 (Breath analysis); or
	(ii)	if it is practicable to do so––a drug screening test, or to provide a sample of the person’s oral fluid for analysis under section 13E (Oral fluid––preliminary analysis); and
Examples––impracticability
1	drug screening device not readily available
2	drug screening test or oral fluid analysis cannot be conducted before time limits for testing the person expire
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).
	(b)	arrested on reasonable suspicion of having committed an offence against section 24 (Driving under the influence of intoxicating liquor or a drug) or an offence of culpable driving.
Examples––reasonable suspicion
1	the way the person was driving
2	the way the person is behaving
3	a breath analysis the person was required to undergo indicates that a prescribed concentration of alcohol is present in the person’s breath
34	Section 16 (2)
omit
(other than a prescribed drug)
insert
, including a prescribed drug
35	Section 16 (3)
after
a hospital
insert
or sampling facility
36	Section 16 (4) to (6)
after
hospital
insert
or the sampling facility
37	Analysis of body samples
Section 16A (2) (a) and (b)
omit
(other than a prescribed drug)
insert
, including a prescribed drug
38	Keeping of samples––request by DPP
Section 16C (1) (a)
omit
a blood or a body sample
substitute
a blood, an oral fluid or other body sample
39	Section 16C (1) (b) (ii)
after
under
insert
section 13G (6) (Oral fluid––confirmatory analysis),
40	Section 16C (4), definition of preserved part, new paragraph (aa)
before paragraph (a), insert
	(aa)	in relation to an oral fluid sample–– see section 13G (4); or
41	Section 16C (4), definition of preserved part, paragraph (b)
substitute
	(b)	in relation to a body sample (other than an oral fluid sample)—see section 16A (3).
42	Destruction of samples
Section 16D (1)
after
under
insert
section 13G (4) (Oral fluid––confirmatory analysis),
43	Section 16D (2)
after
under
insert
section 13G (4) (b),
44	New division 2.8
after section 18B, insert
Division 2.8	Search and seizure
18C	Power to search person in custody
	(1)	A police officer may search a person who is taken into custody under the following sections and may take possession of anything found in the person’s possession:
	(a)	section 11 (Detention for breath analysis);
	(b)	section 13D (Detention for oral fluid analysis);
	(c)	section 15 (Taking blood samples from people in custody).
	(2)	For the purposes of the search, the officer may request the assistance of another police officer of the same sex as the person being searched.
	(3)	A person is entitled to the return of anything taken from the person under subsection (1) when the person ceases to be in custody, other than––
	(a)	a seizable item; or 
	(b)	an item that may otherwise be seized or retained under another territory law.
	(4)	In this section:
search means a search of a person or of anything in the person’s possession, and may include––
	(a)	requiring the person to remove only the person’s overcoat, coat, jacket or a similar article of clothing and any footwear, gloves or headwear; and 
	(b)	an examination of them.
seizable item means a seizable item under the Crimes Act 1900, part 10.
Note	A seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody (see Crimes Act 1900, pt 10).
45	Prescribed concentration of alcohol in blood or breath
Section 19 (1) (a)
substitute
	(a)	has been––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area; and
46	Section 19 (5), definition of relevant period
after
vehicle
insert
or the driver trainer in the vehicle
47	Defence if person did not intend to drive motor vehicle
Section 19A
omit
public street in a public place
substitute
road or road related area
48	Defence if special driver with lower concentration of alcohol from allowable source
Section 19B (1) (b)
omit
not more than
substitute
less than
49	Section 20 heading
substitute
20	Prescribed drug in oral fluid or blood––driver or driver trainer
50	Section 20 (1)
substitute
	(1)	A person commits an offence if the person—
	(a)	has been––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area; and
	(b)	has, within the relevant period, a prescribed drug in the person’s oral fluid or blood.
Maximum penalty:
	(a)	for an offence by a first offender––10 penalty units; and
	(b)	for an offence by a repeat offender––
	(i)	if the offender is the driver—25 penalty units, imprisonment for 3 months or both; and
	(ii)	if the offender is the driver trainer—20 penalty units.
51	Section 20 (4), definition of relevant period
after
vehicle
insert
or the driver trainer in the vehicle
52	Refusing to provide breath sample
Section 22 (a)
substitute
	(a)	has been––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area; and
53	Refusing to provide oral fluid sample
Section 22A (1) (a)
substitute
	(a)	has been––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area; and
54	Failing to stay for drug screening test
Section 22B (1), note 1
after
13B
insert
, s 13BA
55	Refusing blood test etc
Section 23 (1) (a)
substitute
	(a)	has been––
	(i)	the driver of a motor vehicle on a road or road related area; or
	(ii)	the driver trainer in a motor vehicle on a road or road related area; and
56	Driver etc intoxicated
Section 24A (1)
omit
public street
substitute
road
57	Fines and imprisonment––s 19 offences
New section 26 (3)
insert
	(3)	However, if the special driver convicted of an offence against section 19 (1) is a driver trainer, the person is not punishable by a penalty of imprisonment.
58	Automatic driver licence disqualification––first offenders, s 19
Section 32 (2)
after
special driver
insert
, other than a driver trainer,
59	Automatic driver licence disqualification––repeat offenders, s 19
Section 33 (2)
after
special driver
insert
, other than a driver trainer,
60	Automatic driver licence disqualification––offences other than s 19
Section 34 (1) and (2)
after
offender
insert
, other than a driver trainer,
61	Evidentiary certificates––drug-related tests
Section 41AA (4) (a)
after
nurse
insert
practitioner
62	Evidentiary certificate––blood sample not taken
Section 41AC (b)
after
hospital
insert
or sampling facility
63	Evidence for insurance purposes
Section 41A (1) (i)
substitute
	(i)	evidence that a statement was given to the person under section 13H (Oral fluid analysis statement), section 15B (Blood analysis statement) or section 16B (Body sample statement);
64	Section 41A (1) (j)
substitute
	(j)	evidence of the contents of a statement given under section 13H, section 15B, or section 16B;
65	Section 41A (2)
before
section 15B
insert
section 13H,
66	Section 41A (5), definition of relevant offence, paragraph (b)
omit
Driving with prescribed drug in oral fluid or blood
substitute
Prescribed drug in oral fluid or blood––driver or driver trainer
67	When police officer may move person’s motor vehicle
Section 48 (1) (b)
after
section 11,
insert
section 13D,
68	Regulation-making power
New section 51 (2)
after the note, insert
	(2)	The Executive may also make regulations under this Act, prescribing other areas that are road related areas for the purposes of this Act.
69	Dictionary, note 3
insert
·	road
·	road related area
70	Dictionary, definition of disqualifying offence, paragraph (b)
omit
Driving with prescribed drug in oral fluid or blood
substitute
Prescribed drug in oral fluid or blood––driver or driver trainer
71	Dictionary, new definitions
insert
driver trainer––see section 4BA.
external territory driver licence––see the Road Transport (Driver Licensing) Act 1999, dictionary.
72	Dictionary, definitions of public place and public street
omit
73	Dictionary, new definition of sampling facility
insert
sampling facility means a facility prescribed by regulation to which a person may be taken for the purpose of having a blood sample taken by a doctor or nurse for analysis under part 2 (Examination of people for alcohol or drugs).
Examples––sampling facility
1	a police station
2	a police vehicle equipped for the purpose of taking blood samples
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).
74	Further amendments, mentions of public street or in a public place
omit
public street or in a public place
substitute
road or road related area
in
·	section 9
·	section 13B
·	section 18A, definition of accident
·	section 24
·	dictionary, definition of accident

Part 4	Road Transport (Driver Licensing) Regulation 2000
75	Meaning of required medical standards
Section 15 (1)
omit
Incorporated
76	Eligibility requirements for licence classes
Section 28 (3) (c) except note
substitute
	(c)	a foreign driver licence issued under the law of a recognised country that corresponds to that class or a higher class.
77	Provisional licence requirement for motorcycle licences
Section 29 (3) (c)
substitute
	(c)	a foreign driver licence issued under the law of a recognised country corresponding to a full motorcycle licence.
78	Provisional licence requirement for car licences etc
Section 30 (3) (c)
substitute
	(c)	a foreign driver licence issued under the law of a recognised country corresponding to an Australian driver licence of the class applied for or a higher class.
79	Working out period a class or kind of licence has been held
Section 68
omit
external driver licence
substitute
external territory driver licence or a foreign driver licence issued under the law of a recognised country
80	New section 141
insert
141	Meaning of recognised country
	(1)	For this regulation, a recognised country, in relation to a foreign driver licence, means a country listed as a recognised country by Austroads and published on its website from time to time.
Note	The list of recognised countries is available at www.austroads.com.au/overseas.html
	(2)	The Legislation Act, section 47 (6) does not apply to the list of recognised countries.
81	Dictionary, new definitions
insert
Austroads means Austroads Ltd ABN 16 245 787 323.
recognised country, in relation to a foreign driver licence—see section 141.

Part 5	Road Transport (General) Act 1999
82	Definitions—div 4.2
Section 61A, new definition of driver trainer
insert
driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
83	Section 61A, definition of immediate suspension offence (or suspension offence), paragraph (a) (i)
after
driver
insert
, other than a driver trainer,
84	Dictionary, new definition of driver trainer
insert
driver trainer, for division 4.2 (Licence suspension, disqualification and related matters)––see section 61A.

Part 6	Road Transport (Offences) Regulation 2005
85	Schedule 1 heading
substitute
Schedule 1	Short descriptions, penalties and demerit points
(see ss 5, 6, 8, 17 and 18)
86	Schedule 1, part 1.3, items 3 and 4, column 3
after
doctor
insert
/authorised nurse practitioner

87	Schedule 1, part 1.3, items 6 to 19
substitute
6	19 (1)					
6.1	·	special driver, level 1, first offender	special driver drive motor vehicle on road/related area with level 1 or more alcohol in blood—first offender	5			
6.2	·	special driver, level 1, repeat offender	special driver drive motor vehicle on road/related area with level 1 or more alcohol in blood—repeat offender	10			
6.3	·	special driver, level 2, first offender	special driver drive/driver trainer in motor vehicle on road/related area with level 2 or more alcohol in blood—first offender	5			
6.4	·	special driver,level 2, repeat offender	special driver drive/driver trainer in motor vehicle on road/related area with level 2 or more alcohol in blood—repeat offender	10			
6.5	·	special driver, level 3, first offender—driver	special driver drive motor vehicle on road/related area with level 3 or more alcohol in blood—first offender	10 pu/6 months prison/both			
6.6	·	special driver, level 3, first offender—driver trainer	driver trainer in motor vehicle on road/related area with level 3 or more alcohol in blood—first offender	10			
6.7	·	special driver, level 3, repeat offender—driver	special driver drive motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender	10 pu/6 months prison/both			
6.8	·	special driver, level 3, repeat offender—driver trainer	driver trainer in motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender	10			
6.9	·	special driver, level 4, first offender—driver	special driver drive motor vehicle on road/related area with level 4 or more alcohol in blood—first offender	15 pu/9 months prison/both			
6.10	·	special driver, level 4, first offender—driver trainer	driver trainer in  motor vehicle on road/related area with level 4 or more alcohol in blood—first offender	15			
6.11	·	special driver, level 4, repeat offender—driver	special driver drive motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender	20 pu/12 months prison/both			
6.12	·	special driver, level 4, repeat offender—driver trainer	driver trainer in motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender	20 			
6.13	·	person other than special driver, level 1, first offender	drive motor vehicle on road/related area with level 1 or more alcohol in blood—first offender	5			
6.14	·	person other than special driver, level 1, repeat offender	drive motor vehicle on road/related area with level 1 or more alcohol in blood—repeat offender	10			
6.15	·	person other than special driver, level 2, first offender	drive motor vehicle on road/related area with level 2 or more alcohol in blood—first offender	5			
6.16	·	person other than special driver, level 2, repeat offender	drive motor vehicle on road/related area with level 2 or more alcohol in blood—repeat offender	10			
6.17	·	person other than special driver, level 3, first offender	drive motor vehicle on road/related area with level 3 or more alcohol in blood—first offender	10 pu/6 months prison/both			
6.18	·	person other than special driver, level 3, repeat offender	drive motor vehicle on road/related area with level 3 or more alcohol in blood—repeat offender	10 pu/6 months prison/both			
6.19	·	person other than special driver, level 4, first offender	drive motor vehicle on road/related area with level 4 or more alcohol in blood—first offender	15 pu/9 months prison/both			
6.20	·	person other than special driver, level 4, repeat offender	drive motor vehicle on road/related area with level 4 or more alcohol in blood—repeat offender	20 pu/12 months prison/both			
7
7.1	20 (1)
·	first offender	
driver/driver trainer in motor vehicle on road/related area with prescribed drug in oral fluid or blood—first offender	
10			
7.2	·	repeat offender—driver	driver of  motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender	25 pu/3 months prison/both			
7.3	·	repeat offender—driver trainer	driver trainer in motor vehicle on road/related area with prescribed drug in oral fluid or blood—repeat offender	20			
8	22 (c)					
8.1	·	first offender—driver	refuse to provide breath sample—first offender	30 pu/6 months prison/both			
8.2	·	first offender—driver trainer	refuse to provide breath sample—first offender	30 pu/6 months prison/both			
8.3	·	repeat offender—driver	refuse to provide breath sample—repeat offender	30 pu/12 months prison/both			
8.4	·	repeat offender—driver trainer	refuse to provide breath sample—repeat offender	30 pu/12 months prison/both 			
9	22 (d)					
9.1	·	first offender—driver	fail/refuse to provide breath sample as directed by police officer—first offender	30 pu/6 months prison/both			
9.2	·	first offender—driver trainer	fail/refuse to provide breath sample as directed by police officer—first offender	30 pu/6 months prison/both 			
9.3	·	repeat offender—driver	fail/refuse to provide breath sample as directed by police officer—repeat offender	30 pu/12 months prison/both			
9.4	·	repeat offender—driver trainer	fail/refuse to provide breath sample as directed by police officer—repeat offender	30 pu/ 12 months prison/both			
10	22A (2) (a)					
10.1	·	first offender—driver	refuse to provide sample of oral fluid for analysis—first offender	30 pu/6 months prison/both			
10.2	·	first offender—driver trainer	refuse to provide sample of oral fluid for analysis—first offender	30 pu/6 months prison/both			
10.3	·	repeat offender —driver	refuse to provide sample of oral fluid for analysis—repeat offender	30 pu/12 months prison/both			
10.4	·	repeat offender—driver trainer	refuse to provide sample of oral fluid for analysis—repeat offender	30 pu/12 months prison/both			
11	22A (2) (b)					
11.1	·	first offender—driver	fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender	30 pu/6 months prison/both			
11.2	·	first offender —driver trainer	fail to provide sample of oral fluid in accordance with reasonable directions of police officer—first offender	30 pu/6 months prison/both			
11.3	·	repeat offender—driver	fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender	30 pu/12 months prison/both			
11.4	·	repeat offender—driver trainer	fail to provide sample of oral fluid in accordance with reasonable directions of police officer—repeat offender	30 pu/12 months prison/both			
12	22B	fail to stay for drug screening test	20			
13	23 (1)					
13.1	·	first offender—driver	fail/refuse to permit blood sample to be taken—first offender	30 pu/6 months prison/both			
13.2	·	first offender—driver trainer	fail/refuse to permit blood sample to be taken—first offender	30 pu/6 months prison/both			
13.3	·	repeat offender—driver	fail/refuse to permit blood sample to be taken—repeat offender	30 pu/12 months prison/both			
13.4	·	repeat offender—driver trainer	fail/refuse to permit blood sample to be taken—repeat offender	30 pu/12 months prison/both			
14	23 (2)					
14.1	·	first offender—driver	behave in manner so impossible/impractical for blood sample to be taken—first offender	30 pu/6 months prison/both			
14.2	·	first offender—driver trainer	behave in manner so impossible/impractical for blood sample to be taken—first offender	30 pu/6 months prison/both			
14.3	·	repeat offender—driver	behave in manner so impossible/impractical for blood sample to be taken—repeat offender	30 pu/12 months prison/both			
14.4	·	repeat offender—driver trainer	behave in manner so impossible/impractical for blood sample to be taken—repeat offender	30 pu/12 months prison/both			
15	23 (3) (a)					
15.1	·	first offender—driver	fail/refuse to submit to medical examination—first offender	30 pu/6 months prison/both			
15.2	·	first offender—driver trainer	fail/refuse to submit to medical examination—first offender	30 pu/ 6 months prison/both			
15.3	·	repeat offender—driver	fail/refuse to submit to medical examination—repeat offender	30 pu/12 months prison/both			
15.4	·	repeat offender—driver trainer	fail/refuse to submit to medical examination—repeat offender	30 pu/12 months prison/both			
16	23 (3) (b)					
16.1	·	first offender—driver	fail/refuse to give/permit taking of body sample—first offender	30 pu/6 months prison/both			
16.2	·	first offender—driver trainer	fail/refuse to give/permit taking of body sample—first offender	30 pu/6 months prison/both			
16.3	·	repeat offender—driver	fail/refuse to give/permit taking of body sample —repeat offender	30 pu/12 months prison/both			
16.4	·	repeat offender—driver trainer	fail/refuse to give/permit taking of body sample —repeat offender	30 pu/12 months prison/both			
17	24 (1)					
17.1	·	first offender	drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—first offender	30 pu/6 months prison/both			
17.2	·	repeat offender	drive vehicle on road/related area under influence of intoxicating liquor/drug incapable of proper control of vehicle—repeat offender	30 pu/12 months prison/both			
18	24A	drive/ride/be in charge of vehicle/animal on road under influence of alcohol	50 pu/6 months prison/both			
19	47B	fail to comply with police officer’s direction not to drive	10			

Part 7	Spent Convictions Act 2000
88	How are traffic offences to be dealt with?
Section 14 (1), new definition of driver trainer
insert
driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
89	Section 14 (4) (c)
after
drivers
insert
and driver trainers
90	Section 14 (4) (c)
after first mention of
driving
insert
or driver training
91	Section 14 (4) (c)
omit
or driving
insert
and driving or driver training

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 31 March 2011.
2	Notification
	Notified under the Legislation Act on 12 May 2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Road Transport (Alcohol and Drugs) Legislation Amendment Bill 2011, which was passed by the Legislative Assembly on 3 May 2011. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2011