Page 5719 - Week 13 - Thursday, 18 November 2010
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drug and drink driving. We want to ensure that, although it may only occur in theory, there is no incentive to drug drive rather than drink drive as the penalty is lower.
It is important to remember that, in making the distinction between the penalties, not only will persons have to invest time in completing an awareness course, they will also have to invest money. Education to help ensure that an offender does not reoffend should be an important element to consider in the construction of any offence. We support the initiative by the government in creating this obligation for offenders and, as foreshadowed, wish to ensure that this also occurs for people driving under the influence of drugs.
Removing high-range offenders immediately from the road and suspending their licences not only sends a strong message to offenders but removes dangerous drivers from the road. Immediate suspension that may only be remedied by application to the magistrate ensures that offenders immediately feel the effects of their offence. Removing drink drivers of their ability to drive has got to be one of the strongest signals that drink driving is not okay.
The considerations raised by the scrutiny of bills committee regarding a possible intrusion into the right for a fair trial are important. But the enormous benefit of this provision greatly outweighs any possible intrusion. We also accept the government’s response that a police officer at the place of the alcohol breath test is not making a decision regarding conviction but merely undertaking a reasonable decision.
The changes made to the alcohol driving laws are extremely important. However, this is not the only answer. We cannot stop fighting on the issue of drink driving nor drug driving. We must continue to investigate new tools and new technologies for countering the drink and drug driving problem that we have in the ACT. As foreshadowed, this bill and the subsequent amendments are an important addition to the fight but this does not mean that the Canberra Liberals will stop fighting on this very important issue of road safety.
In anticipation of these laws coming into effect, I would like to thank the government staff from TAMS and other departments who worked so hard to put some very complex legislation together. I commend them for that. I would like to offer also my thanks to the police who have worked hard on the RDT provisions and provided significant advice on the RBT provisions, in particular the police who are now charged with the responsibility of enforcing these laws in our community and keeping our community safe.
I think, however, it is also important to make the point that, as much as we can bring in legislation in this Assembly and the police can enforce the legislation, ultimately not drinking and driving if you are over a legal limit or not taking drugs and driving is an important individual responsibility. We also need to get that message out that it is as much an individual responsibility as it is one of society and for us in the Assembly to impose these laws.
MS BRESNAN (Brindabella) (4.34): The ACT Greens will be supporting the bill. I will flag now that we will be introducing amendments to the bill during the detail
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