Australian Capital Territory
Road Transport (Alcohol and Drugs) Regulation 2000    
SL2000-8
made under the
Road Transport (Alcohol and Drugs) Act 1977
Republication No 13
Effective:  19 August 2016
Republication date: 19 August 2016
Last amendment made by SL2016‑22

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) Regulation 2000, made under the Road Transport (Alcohol and Drugs) Act 1977 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 August 2016.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 August 2016.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
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 Act 2001, part 11.3 authorises 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 Act 2001, s 115 and s 117).  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.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Road Transport (Alcohol and Drugs) Regulation 2000
made under the
Road Transport (Alcohol and Drugs) Act 1977
    
Contents
	Page
	1	Name of regulation	2
	2	Alcohol screening device—Act, s 7, def alcohol screening device	2
	3	Breath analysis instrument—Act, s 7A, def breath analysis instrument	2
	3A	Drug screening device—Act, s 7B, def drug screening device	2
	3B	Oral fluid analysis instruments—Act, s 7C, def oral fluid analysis instrument	3
	4	Breath analysis—requirements for statement under Act, s 12 (5)	3
	5	Oral fluid analysis—requirements for statement under Act, s 13E (6)	3
	6	Sampling facility—Act, dict, def sampling facility	3
Schedule 1	Particulars for breath analysis statement	5
Schedule 2 	Particulars for oral fluid analysis statement	6
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	10
	5	Earlier republications	11

Australian Capital Territory
Road Transport (Alcohol and Drugs) Regulation 2000     

made under the
Road Transport (Alcohol and Drugs) Act 1977

    

  

1	Name of regulation
This regulation is the Road Transport (Alcohol and Drugs) Regulation 2000.
2	Alcohol screening device—Act, s 7, def alcohol screening device
The following devices are prescribed:
	(a)	Alcolizer LE;
	(b)	lion alcolmeter SD-400;
	(c)	Alcolizer 5 Series;
	(d)	Alcolizer LE 5 Series.
3	Breath analysis instrument—Act, s 7A, def breath analysis instrument
The following instruments are prescribed:
	(a)	Dräger Alcotest 7110 MKV, also known as the Draeger Alcotest 7110 MKV;
	(b)	Dräger Alcotest 9510 AUS, also known as the Draeger Alcotest 9510 AUS.
3A	Drug screening device—Act, s 7B, def drug screening device
The Securetec DrugWipe TWIN, also known as the Securetec DrugWipe II TWIN, is prescribed.
3B	Oral fluid analysis instruments—Act, s 7C, def oral fluid analysis instrument
The following instruments are prescribed:
	(a)	Cozart DDS;
	(b)	Dräger DrugTest 5000, also known as the Draeger DrugTest 5000.
4	Breath analysis—requirements for statement under Act, s 12 (5)
A statement given to a person under the Act, section 12 (5) in relation to an analysis of a sample of the person’s breath must include the information mentioned in schedule 1.
5	Oral fluid analysis—requirements for statement under Act, s 13E (6)
The particulars mentioned in schedule 2 are required to be included in a statement mentioned in the Act, section 13E (6).
6	Sampling facility—Act, dict, def sampling facility
	(1)	The following are prescribed:
	(a)	a police station;
	(b)	a police vehicle that is—
	(i)	a truck, bus or trailer; and
	(ii)	equipped for the purpose of conducting alcohol or drug tests under the Act.
	(2)	In this section:
bus—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.
police station—see the Crimes Act 1900, section 185.
police vehicle—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.
trailer—see the Road Transport (General) Act 1999, dictionary.
truck—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.

Schedule 1	Particulars for breath analysis statement
(see s 4)
1	the type and serial number of the instrument used in carrying out the breath analysis and the test number
2	the date, start time and location where the test was carried out
3	the name and date of birth of the person providing a sample of his or her breath for analysis
4	the name of the police officer who has custody of the person under the Act, section 11 (who may be referred to in the statement as the informant)
5	the service number and signature of the authorised operator
6	whether self-tests were conducted on the instrument before and after analysis and the time and the result of any such test
7	if the breath sample was tested on ‘override’ mode, that fact
8	the date and time when the sample of breath was analysed
9	the result of the breath analysis as shown by the instrument

Schedule 2 	Particulars for oral fluid analysis statement
(see s 5)
1	the type and serial number of the instrument used in carrying out the oral fluid analysis and the test number
2	the name and date of birth of the person providing a sample of his or her oral fluid for analysis
3	the unique identifying number for the sample of oral fluid taken for analysis
4	the service number and signature of the authorised operator who carried out the oral fluid analysis
5	the date and time when the sample of oral fluid was analysed
6	the result of the oral fluid analysis as shown by the instrument

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
This regulation was originally the Road Transport (Alcohol and Drugs) Regulations 2000.  It was renamed under the Legislation Act 2001.
Road Transport (Alcohol and Drugs) Regulation 2000 SL2000-8
notified 29 February 2000 (Gaz 2000 No S6)
s 1, s 2 commenced 29 February 2000 (IA s 10B)
remainder commenced 1 March 2000 (s 2 and see Road Transport (General) Act 1999 A1999-77 and Gaz 2000 No S5)
as amended by
Road Transport Legislation Amendment Act 2001 A2001-27 sch 4
notified 24 May 2001 (Gaz 2001 No 21)
s 1, s 2 commenced 24 May 2001 (IA s 10B)
sch 4 commenced 24 May 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 335
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 335 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.18
notified LR 11 September 2003 
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.18 commenced 9 October 2003 (s 2 (1))
Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010 A2010-47 sch 1 pt 1.2
notified LR 25 November 2010
s 1, s 2 commenced 25 November 2010 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 December 2010 (s 2 (2) and see Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010 A2010-27, s 2 and CN2010-15)
Road Transport (Alcohol and Drugs) Amendment Regulation 2011 (No 1) SL2011-11
notified LR 2 May 2011
s 1, s 2 commenced 2 May 2011 (LA s 75 (1))
s 3, s 4 commenced 3 May 2011 (s 2 (1))
remainder commenced 13 May 2011 (s 2 (2) (b) and see Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 A2011-15 s 2)
Road Transport (Alcohol and Drugs) Amendment Regulation 2012 (No 1) SL2012-35
notified LR 8 August 2012
s 1, s 2 commenced 8 August 2012 (LA s 75 (1))
remainder commenced 9 August 2012 (s 2)
Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 1) SL2013-7
notified LR 28 March 2013
s 1, s 2 commenced 28 March 2013 (LA s 75 (1))
remainder commenced 29 March 2013 (s 2)
Road Transport (Alcohol and Drugs) Amendment Regulation 2013 (No 2) SL2013-27
notified LR 1 November 2013
s 1, s 2 commenced 1 November 2013 (LA s 75 (1))
remainder commenced 2 November 2013 (s 2)
Road Transport (Alcohol and Drugs) Amendment Regulation 2014 (No 1) SL2014-1
notified LR 23 January 2014
s 1, s 2 commenced 23 January 2014 (LA s 75 (1))
remainder commenced 24 January 2014 (s 2)
Road Transport (Alcohol and Drugs) Amendment Regulation 2016 (No 1) SL2016-22
notified LR 18 August 2016
s 1, s 2 commenced 19 August 2016 (LA s 75 (1))
remainder commenced 19 August 2016 (s 2)

4	Amendment history
Name of regulation
s 1	am R5 LA
Alcohol screening device—Act, s 7, def alcohol screening device
s 2	om A2001‑27 amdt 4.1
	ins A2010‑47 amdt 1.3
	am SL2013-7 s 4; SL2016‑22 s 4
Breath analysis instrument—Act, s 7A, def breath analysis instrument
s 3	om A2001‑44 amdt 1.3691
	ins A2010‑47 amdt 1.3
	sub SL2013‑27 s 4; SL2014‑1 s 4
Drug screening device—Act, s 7B, def drug screening device
s 3A	ins SL2011‑11 s 4
Oral fluid analysis instruments—Act, s 7C, def oral fluid analysis instrument
s 3B	ins SL2011‑11 s 4
	sub SL2013‑27 s 5
Breath analysis—requirements for statement under Act, s 12 (5)
s 4 hdg	am A2003‑41 amdt 3.373
s 4	am A2001‑27 amdt 4.2; A2003‑41 amdt 3.374
	sub A2010‑47 amdt 1.3
Oral fluid analysis—requirements for statement under Act, s 13E (6)
s 5	om R1 LRA
	ins A2010‑47 amdt 1.3
	sub SL2011‑11 s 5
Sampling facility—Act, dict, def sampling facility
s 6	ins SL2012‑35 s 4
Particulars for breath analysis statement
sch 1 hdg	(prev sch hdg) renum A2001‑27 amdt 4.3
	sub A2010‑47 amdt 1.4; SL2013‑27s 6
sch 1	am A2010‑47 amdt 1.5; SL2011‑11 ss 6-8
Particulars for oral fluid analysis statement
sch 2 hdg	sub SL2013‑27 s 7
sch 2	ins SL2011‑11 s 9

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 March 2000	
2	A2001‑27	1 July 2001	
3	A2001‑44	12 September 2001	
4	A2003‑41	9 October 2003	
5	A2003‑41	3 November 2004	
6*	A2010‑47	1 December 2010	
7	SL2011‑11	3 May 2011	
8	SL2011‑11	13 May 2011	
9	SL2012‑35	9 August 2012	
10	SL2013‑7	29 March 2013	
11	SL2013‑27	2 November 2013	
12	SL2014‑1	24 January 2014	

©  Australian Capital Territory 2016