Page 2658 - Week 10 - Thursday, 15 October 1992
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This legislative scheme is a historic initiative aimed at overcoming the regulatory impediments to the creation of a truly national market in goods and services in this country. I would like to acknowledge the positive contribution made by all heads of government in fostering and promoting this important development. It is a fine example of what can be achieved when all governments cooperate and work together in the national interest. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Kaine) adjourned.
MOTOR TRAFFIC (ALCOHOL AND DRUGS) (AMENDMENT) BILL 1992
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.16): I present the Motor Traffic (Alcohol and Drugs) (Amendment) Bill 1992.
Title read by Clerk.
MR CONNOLLY: Mr Deputy Speaker, I move:
That this Bill be agreed to in principle.
This Bill contains amendments which will complement the introduction of a high-tech automatic breathalyser instrument known as the Drager Alcotest 7110. The Drager Alcotest machine will enable the police to carry out breath analysis in a more efficient and cost-effective manner than is possible with the instruments that are currently in use. The instruments presently in use employ a wet-chemical technique which is slower and requires considerably more police time, effort and resources in both training and operation. The Drager Alcotest machine proposed to be introduced is already in use in all Australian jurisdictions except Victoria and the ACT. Consequently, the Australian Federal Police, who are responsible for policing in the Territory, not only will have the use of tried and tested equipment but also will benefit from the research and ongoing development carried out by police forces elsewhere in Australia.
The Bill removes the current requirement to have each breathalyser instrument individually approved by the Minister. Instead, it enables the Minister to approve breathalyser instruments by type, through a gazettal notice which is disallowable in this Assembly. The Bill also changes the method by which the Minister approves screening devices from a notice in writing to a notice in the Gazette - again bringing that approval of screening devices away from purely executive action and before the Assembly for scrutiny. This will reduce the delay and paperwork involved in having each instrument approved individually and will have the additional benefit of bringing the approval process before the Assembly.
At present the Act requires the police to take steps to ensure that it is not readily apparent to members of the public that a test is carried out. This creates certain difficulties for the police. The test subjects are under police custody and the police practice is to observe the test subjects for 15 minutes before testing, so that nothing is consumed which might interfere with the test - for example, ventolin or cough lollies - and to allow time for any alcohol present in the mouth
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