Page 1373 - Week 05 - Tuesday, 13 May 2014
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driver into custody to request a sample ordinarily requires two police officers in a caged vehicle to transport the driver to a police station where the breath analysis request can be made. Two police officers are also required to make the request and undertake the analysis. This uses up police resources that could be better targeted at other road safety and enforcement activities that benefit the community. The amendment will enable police to charge a person with an offence of refusing to undertake a screening test, avoiding the need to take the person into custody for a breath or oral fluid analysis.
These amendments indicate the government’s commitment to take a firm but fair stand against drink and drug driving. The amendments before the Assembly are consistent with our broader policy, and I commend the bill and the amendments to the Assembly. (Time expired.)
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for Workplace Safety and Industrial Relations and Minister for the Environment and Sustainable Development) (11.07): Pursuant to standing order 182A(c), I seek leave to move amendments to this bill which are in response to comments by the scrutiny of bills committee together.
Leave granted.
MR CORBELL: I move amendments Nos 1 to 3 circulated in my name [see schedule 1 at page 1417]. I table a supplementary explanatory statement to the government amendments and a revised explanatory statement to the bill.
The government amendments to the Road Transport (Alcohol and Drugs) Amendment Bill will ensure that persons who are directed to undertake an alcohol or drug screening test, where a screening device is not immediately available, may only be required to remain for the time necessary, not exceeding 30 minutes, where a police officer has reasonable cause to suspect that the person has alcohol or a drug in their body. The amendments ensure that any limitation of rights under the Human Rights Act associated with requiring a person to remain in a location for up to 30 minutes are proportionate and reasonable.
The amendments confirm that a direction to remain for the time reasonably necessary, not exceeding 30 minutes, to allow a screening device to be obtained and the test completed can only be given when the police officer has reasonable cause to suspect that the person has alcohol in their body. The amendment does not affect the existing and longstanding power for police to randomly require drivers to undergo a screening
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