Page 1417 - Week 05 - Tuesday, 13 May 2014
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Schedule of amendments
Schedule 1
Road Transport (Alcohol and Drugs) Amendment Bill 2013
Amendments moved by the Attorney-General
1
Clause 5
Page 2, line 15—
omit clause 5, substitute
5 Power to require alcohol screening test if vehicle not involved in accident-driver and driver trainer-
New sections 8 (1A) and (1B)
insert
(1A) The person must remain at the place where the alcohol screening test is being carried out until the test is completed in accordance with the police officer’s directions.
(1B) In addition, if an alcohol screening device is not immediately available and the police officer has reasonable cause to suspect that the person has alcohol in the person’s body, the police officer may direct the person to remain at the place where the alcohol screening test is to be carried out for the time (not exceeding 30 minutes) reasonably necessary for an alcohol screening device to be made available and the test to be completed.
Example—screening device not immediately available
there is no working screening device at the place where the test is to be carried out
Note 1 A person commits an offence if a person fails to comply with the direction of a police officer under this section—see s 22B (Failing to stay for screening test).
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
2
Clause 9
Page 5, line 4—
omit clause 9, substitute
9 Power to require drug screening test if vehicle not involved in accident––driver and driver trainer
New section 13A (2A)
insert
(2A) In addition, if a drug screening device is not immediately available and the police officer has reasonable cause to suspect that the person has a drug in the person’s body, the police officer may direct the person to remain at the place where the drug screening test is to be carried out for the time (not exceeding 30 minutes) reasonably necessary for a drug screening device to be made available and the test to be completed.
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