Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005
An Act to amend the Road Safety (Alcohol and Drugs) Act 1970 , the Motor Accidents (Liabilities and Compensation) Act 1973 , the Rail Safety Act 1997 , the Rail Safety Regulations 1999 , the Road Safety (Alcohol and Drugs) Regulations 1999 and the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005 .
This Act commences on a day to be proclaimed.
Notwithstanding any amendment made to the Road Safety (Alcohol and Drugs) Act 1970 by this Act, the provisions of the Road Safety (Alcohol and Drugs) Act 1970 as in force immediately before the commencement of this Act apply to a person who committed an offence under the Road Safety (Alcohol and Drugs) Act 1970 before the commencement of this Act.
4. Effect of amendments to regulations specified in Parts 5 and 6
The amendments by this Act of a provision of any regulations do not prevent that or any other provision of those regulations from being amended or rescinded by a subsequent regulation.
PART 2 - Road Safety (Alcohol and Drugs) Act 1970 Amended
In this Part, the Road Safety (Alcohol and Drugs) Act 1970 is referred to as the Principal Act.
6. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended as follows:(a) by omitting "blood" from the definition of breath analysing instrument and substituting "breath";(b) by omitting "blood" from the definition of breath analysis and substituting "breath";(c) by inserting "breath or" after "a person's" in the definition of breath test ;(d) by omitting the definition of prescribed concentration and substituting the following definition:prescribed concentration means a concentration of 0·05 of a gram of alcohol in 210 litres of breath or a concentration of 0·05 of a gram of alcohol in 100 millilitres of blood;
7. Section 6 amended (Driving with excessive concentration of breath or blood alcohol)
Section 6(1) of the Principal Act is amended by inserting "or her breath or" after "his".
8. Section 7 amended (Consumption, &c., of intoxicating liquor in motor vehicles)
Section 7(3A) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ".
9. Section 7A amended (Power of police officer to require driver of motor vehicle to undergo breath test)
Section 7A(4) of the Principal Act is amended by inserting "breath or" after "person's".
10. Section 8 amended (Liability for breath test as result of conduct)
Section 8 of the Principal Act is amended as follows:(a) by inserting in subsection (1) "breath or" after "person's";(b) by inserting in subsection (8) "breath or" after "person's".
11. Section 11 amended (Rights and obligations on completion of breath analysis)
Section 11(1) of the Principal Act is amended by omitting "blood" and substituting "breath".
12. Section 14 amended (Offences under Division 2)
Section 14 of the Principal Act is amended as follows:(a) by inserting in subsection (6) "breath or" before "blood";(b) by inserting in subsection (7) "breath or" after "in his".
13. Section 17 amended (Penalties for drink-driving offences, &c.)
Section 17 of the Principal Act is amended as follows:(a) by inserting in subsection (4)(a) "breath or" after "alcohol in the";(b) by inserting in subsection (4)(b) "breath or" after "in the";(c) by omittingfrom Part 1 of the table in subsection (5) and substituting the following:
COLUMN 1 Section of Act or offence
COLUMN 2 Concentration of alcohol in blood in grams per 100 millilitres of blood
COLUMN 3 Fine
COLUMN 4 Period of disqualification
COLUMN 5 Term of imprisonment
COLUMN 1 Section of Act or offence
COLUMN 2 Concentration of alcohol in breath in grams per 210 litres of breath or in blood in grams per 100 millilitres of blood
COLUMN 3 Fine
COLUMN 4 Period of disqualification
COLUMN 5 Term of imprisonment
(d) by omittingfrom Part 2 of the table in subsection (5) and substituting the following:
COLUMN 1 Section of Act or offence
COLUMN 2 Concentration of alcohol in blood in grams per 100 millilitres of blood
COLUMN 3 Fine
COLUMN 4 Period of disqualification
COLUMN 5 Term of imprisonment
COLUMN 1 Section of Act or offence
COLUMN 2 Concentration of alcohol in breath in grams per 210 litres of breath or in blood in grams per 100 millilitres of blood
COLUMN 3 Fine
COLUMN 4 Period of disqualification
COLUMN 5 Term of imprisonment
14. Section 18A amended (Traffic infringement notice may be issued in certain circumstances)
Section 18A(1) of the Principal Act is amended by omitting "blood of less than 0·1 of a gram of alcohol in 100 millilitres of blood" and substituting "breath of less than 0·1 of a gram of alcohol in 210 litres of breath or a concentration of alcohol in that person's blood of less than 0·1 of a gram of alcohol in 100 millilitres of blood".
15. Section 19 amended (Special hardship orders)
Section 19(1A)(b) of the Principal Act is amended as follows:(a) by inserting "breath or" after "her";(b) by inserting "equal to or greater than 0·15 of a gram of alcohol in 210 litres of breath or" after "concentration".
16. Section 21 amended (Avoidance of certain provisions in contracts of insurance)
Section 21(b) of the Principal Act is amended by inserting "breath or" after "in his".
17. Section 22 amended (Application of Division 1)
Section 22(1)(b) of the Principal Act is amended by inserting "breath or" after "in the".
18. Section 23 amended (Statutory presumptions with respect to breath analyses and blood tests, &c.)
Section 23 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "blood" three times occurring and substituting "breath";(b) by inserting in subsection (4) "breath or" after "in the";(c) by inserting in subsection (4) "breath or" after "been the concentration of alcohol in his";(d) by inserting in subsection (4) "breath or" after "that the concentration of alcohol in his";(e) by inserting in subsection (5) "breath or" after "analysis had alcohol in his";(f) by inserting in subsection (5) "breath or" after "he had alcohol in his";(g) by inserting in subsection (6) "breath or" after "shown that the concentration of alcohol in the";(h) by inserting in subsection (6) "breath or" after "proved, that the concentration of alcohol in the".
19. Section 24 amended (Restrictions on admission of evidence of breath analysis)
Section 24 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "blood" first occurring and substituting "breath";(b) by omitting from subsection (2) "blood" and substituting "breath".
20. Section 25 amended (Evidence as to carrying out of breath analysis)
Section 25(2)(f) of the Principal Act is amended as follows:(a) by omitting "100 millilitres of blood" and substituting "210 litres of breath";(b) by omitting "blood" second occurring and substituting "breath".
PART 3 - Motor Accidents (Liabilities and Compensation) Act 1973 Amended
In this Part, the Motor Accidents (Liabilities and Compensation) Act 1973 is referred to as the Principal Act.
22. Section 24 amended (Exclusions from scheduled benefits)
Section 24(4) of the Principal Act is amended by omitting the column headings from the table and substituting the following:
Section of Road Safety (Alcohol and Drugs) Act 1970
Concentration of alcohol in breath (grams per 210 litres of breath) or in blood (grams per 100 millilitres of blood)
Proportion of disability allowance otherwise payable
PART 4 - Rail Safety Act 1997 Amended
In this Part, the Rail Safety Act 1997 is referred to as the Principal Act.
24. Section 29 amended (Railway employees)
Section 29 of the Principal Act is amended as follows:(a) by inserting in subsection (1)(c)(i) "breath or" after "her";(b) by inserting in subsection (2)(a) "breath or" after "her".
25. Schedule 1 amended (Notifiable Occurrences)
Clause 19 of Schedule 1 to the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:(a) while there is present in his or her blood a concentration of 0·05 of a gram or more of alcohol in 210 litres of breath or a concentration of 0·05 of a gram or more of alcohol in 100 millilitres of blood; or
26. Schedule 2 amended (Regulations)
Clause 10 of Schedule 2 to the Principal Act is amended by inserting "breath or" after "in the".
PART 5 - Rail Safety Regulations 1999 Amended
In this Part, the Rail Safety Regulations 1999 are referred to as the Principal Regulations.
28. Regulation 8 amended (Notifiable occurrences)
Regulation 8(6) of the Principal Regulations is amended as follows:(a) by inserting in paragraph (b) "breath or" after "her";(b) by inserting in paragraph (c)(i) "breath or" after "employee's".
29. Regulation 9 amended (Railway employees - alcohol and drugs)
Regulation 9 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:(1) For the purposes of section 29 of the Act, the prescribed concentration of alcohol is a concentration of 0·05 of a gram or more of alcohol in 210 litres of breath or a concentration of 0·05 of a gram or more of alcohol in 100 millilitres of blood.
30. Schedule 1 amended (Railway employees - alcohol and drugs - testing procedures and requirements)
Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting the definition of prescribed concentration of alcohol from clause 1(1) of Part 1 and substituting the following definition:prescribed concentration of alcohol means a concentration of 0·05 of a gram or more of alcohol in 210 litres of breath or a concentration of 0·05 of a gram or more of alcohol in 100 millilitres of blood;(b) by inserting in clause 3(2)(b) of Part 2 "breath or" after "her";(c) by omitting from clause 5 of Part 2 "blood" and substituting "breath";(d) by omitting from clause 7(1) of Part 2 "blood" first occurring and substituting "breath";(e) by inserting in clause 9(3) of Part 3 "breath," after "person's";(f) by omitting from clause 10(1) of Part 4 "blood" twice occurring and substituting "breath";(g) by omitting from clause 10(2)(b) of Part 4 "blood" second occurring and substituting "breath";(h) by inserting in clause 10(5) of Part 4 "breath or" after "present in the";(i) by omitting from clause 10(6)(b) of Part 4 "100 millilitres" and substituting "210 litres of breath";(j) by omitting from clause 10(6)(b) of Part 4 "blood" and substituting "breath".
PART 6 - Road Safety (Alcohol and Drugs) Regulations 1999 Amended
In this Part, the Road Safety (Alcohol and Drugs) Regulations 1999 are referred to as the Principal Regulations.
32. Regulation 15 amended (Forms of statements)
Regulation 15(1) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (a) "blood" and substituting "breath";(b) by omitting from paragraph (c) "blood" and substituting "breath".
33. Schedule 1 amended (Forms)
Schedule 1 to the Principal Regulations is amended by omitting Forms 2 , 3 and 4 and substituting:Form 2Form 3Form 4
PART 7 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 Amended
In this Part, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 are referred to as the Principal Regulations.
35. Regulation 16 amended (Conditional licences)
Regulation 16 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (3)(i) "breath or" after "with a";(b) by inserting in subregulation (6)(a) "breath or" after "with a".
[Second reading presentation speech made in:
House of Assembly on 26 MAY 2005
Legislative Council on 22 JUNE 2005]