{"id":"a-1977-17","name":"Road Transport (Alcohol and Drugs) Act 1977","slug":"road-transport-alcohol-and-drugs-act-1977","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23959,"registerId":"act-a-1977-17-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 3\n4 Offences against Act—application of Criminal Code etc 3\n4B Meaning of special driver 4\n4BA Meaning of driver trainer 7\n4C Meaning of prescribed concentration of alcohol 7\n4D How alcohol concentration may be expressed 7\n\nPage\ncontents 2 Road Transport (Alcohol and Drugs) Act 1977\n4E Reference to level of alcohol concentration 8\n4F Meaning of first offender and repeat offender 8\n5 Authorisation of operators 10\n5A Register of authorised operators 10\n5B Appointment of analysts 11\n6 Approval of laboratories 11\nDivision 2.1 Important concepts—alcohol and drug tests\n7 Meaning of alcohol screening device 12\n7A Meaning of breath analysis instrument 12\n7B Meaning of drug screening device 13\n7C Meaning of oral fluid analysis instrument 13\n7D Testing and maintenance of instruments etc 13\n8 Power to require alcohol screening test if vehicle not involved in\naccident––driver and driver trainer 14\n9 Power to require alcohol screening test if vehicle involved in accident–\n–driver 15\n9A Power to require alcohol screening test if vehicle involved in accident–\n–driver trainer 16\n10 Power to require alcohol screening test for culpable driving––driver\nand driver trainer 17\n10A Power to enter premises for alcohol screening test 18\n11 Detention for breath analysis 19\n12 Breath analysis 20\n13 Precautions for privacy—breath analysis 21\n13A Power to require drug screening test if vehicle not involved in\naccident––driver and driver trainer 21\n13B Power to require drug screening test if vehicle involved in accident––\ndriver 22\n13BA Power to require drug screening test if vehicle involved in accident––\ndriver trainer 23\n\nPage\ncontents 3\n","sortOrder":0},{"sectionNumber":"13C","sectionType":"section","heading":"Power to require drug screening test for culpable driving—driver and","content":"13C Power to require drug screening test for culpable driving—driver and\ndriver trainer 24\n13CA Power to enter premises for drug screening test 25\n13D Detention for oral fluid analysis 26\n13E Oral fluid—preliminary analysis 26\n13F Precautions for privacy—oral fluid analysis 28\n13G Oral fluid—confirmatory analysis 28\n13H Oral fluid analysis statement 29\n14 Restrictions on tests etc under this part 30\n15 Taking blood samples from people in custody 32\n15AA Taking blood samples from people in hospital 34\n15A Analysis of blood samples 36\n15B Blood analysis statement 37\n16 Medical examination—offence against s 24 or culpable driving 38\n16A Analysis of body samples 41\n16B Body sample statement 42\n16C Keeping of samples—request by DPP 43\n16D Destruction of samples 44\n17 Exemptions from requirements to take blood samples or carry out\nexaminations 44\n18 Protection of police officers and medical staff 46\n18B Permitted use of samples 47\n18C Power to search person in custody 47\n19 Prescribed concentration of alcohol in blood or breath 49\n19A Defence if person did not intend to drive motor vehicle—s 19 51\n19B Defence if special driver with lower concentration of alcohol from\nallowable source—s 19 51\n20 Prescribed drug in oral fluid or blood––driver or driver trainer 52\n21 Prescribed concentration of alcohol and prescribed drug in bodily fluid 54\n\nPage\ncontents 4 Road Transport (Alcohol and Drugs) Act 1977\n21A Defence if person did not intend to drive motor vehicle—s 21 57\n21B Defence if special driver with lower concentration of alcohol from\nallowable source—s 21 58\n21C Alternative verdicts—prescribed concentration of alcohol and\nprescribed drug in bodily fluid 58\n22 Refusing to provide breath sample 59\n22A Refusing to provide oral fluid sample 60\n22B Failing to stay for screening test 61\n22C Refusing to undergo screening test 62\n23 Refusing blood test etc 63\n24 Driving under the influence of intoxicating liquor or a drug 65\n24A Use vehicle or animal on road or road related area under influence of\nalcohol or drug 66\n25 Consuming alcohol—driver or driver trainer 69\n26 Automatic disqualification taken to be court order 70\n27 Automatic driver licence disqualification—first offenders, s 19 70\n28 Automatic driver licence disqualification—repeat offenders, s 19 71\n29 Automatic driver licence disqualification—first offenders, s 20 71\n30 Automatic driver licence disqualification—repeat offenders, s 20 72\n31 Automatic driver licence disqualification—first offenders, s 21 72\n32 Automatic driver licence disqualification—repeat offenders, s 21 73\n33 Automatic driver licence disqualification—first offenders, s 24 73\n34 Automatic driver licence disqualification—repeat offenders, s 24 74\n34A Automatic driver licence disqualification—other disqualifying offences 74\n35 Automatic driver licence disqualification—immediate suspension\nperiod 75\n41 Evidentiary certificate—alcohol-related tests 76\n41AA Evidentiary certificates—drug-related tests 81\n41AB Evidentiary certificate—analysis of oral fluid sample 84\n\nPage\ncontents 5\n41AC Evidentiary certificate—blood sample not taken 85\n41AD Evidentiary certificate—analysis of sample for prescribed drug etc 86\n41AE NSW evidentiary certificates—drug-related tests 87\n41A Evidence for insurance purposes 87\n42 Effect of noncompliance—analysis of breath or blood 90\n42AA Effect of noncompliance—analysis of oral fluid 90\n42A Effect of noncompliance—analysis of body sample 91\n42B Effect of noncompliance—refusal to give sample of breath 91\n42C Effect of noncompliance—refusal to give sample of oral fluid 92\n43 Oral evidence about part 7 certificate 92\n45 Requirement for screening test before arrest 94\n47 Right of arrested person to medical examination 94\n47A Stopping, search and detaining—Crimes Act, s 207 and s 209 95\n47B Police may direct person not to drive 95\n47C Conducting alcohol-related tests and drug-related tests at same time 96\n48 When police officer may move person’s motor vehicle 97\n49 Default term of imprisonment 98\n50 References to Motor Traffic (Alcohol and Drugs) Act etc 99\n51 Regulation-making power 99\nSchedule 1 Drugs 100\nDictionary 101\n1 About the endnotes 107\n2 Abbreviation key 107\n3 Legislation history 108\n4 Amendment history 119\n5 Earlier republications 138\n\nPage\ncontents 6 Road Transport (Alcohol and Drugs) Act 1977\n","sortOrder":1},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions 142","content":"6 Expired transitional or validating provisions 142\n\nAn Act to provide for the detection of people who drive motor vehicles after\nconsuming alcohol or drugs, for offences by those people, and to provide\nmeasures for the treatment and rehabilitation of those people\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Road Transport (Alcohol and Drugs) Act 1977.\nNote 1 This Act is part of the road transport legislation. See the Road Transport\n(General) Act 1999 for various provisions about the administration and\nenforcement of the road transport legislation generally.\nNote 2 Other road transport legislation includes the following:\n• Motor Accident Injuries Act 2019\n• Road Transport (Driver Licensing) Act 1999\n• Road Transport (General) Act 1999\n• Road Transport (Public Passenger Services) Act 2001\n• Road Transport (Safety and Traffic Management) Act 1999\n• Road Transport (Vehicle Registration) Act 1999.\nNote 3 Other laws dealing with road transport include the Dangerous Goods\n(Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).\nNote 4 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary defines certain terms, and includes references (signpost\ndefinitions) to other terms defined elsewhere in this Act or elsewhere in\nthe road transport legislation.\nFor example, the signpost definition ‘driver licence—see the Road\nTransport (Driver Licensing) Act 1999, dictionary.’ means the term\n‘driver licence’ is defined in that dictionary and the definition applies to\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n\nPreliminary Part 1\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 19 (Prescribed concentration of alcohol in blood or breath)\n• s 20 (Prescribed drug in oral fluid or blood––driver or driver trainer)\n• s 21 (Prescribed concentration of alcohol and prescribed drug in\nbodily fluid)\n• s 22A (Refusing to provide oral fluid sample)\n• s 22B (Failing to stay for screening test)\n• s 22C (Refusing to undergo screening test)\n• s 23 (1) (Refusing blood test etc)\n• s 24A (Use vehicle or animal on road or road related area under\ninfluence of alcohol or drug)\n• s 25 (Consuming alcohol—driver or driver trainer)\n• s 47B (Police may direct person not to drive).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":6},{"sectionNumber":"4B","sectionType":"section","heading":"Meaning of special driver","content":"4B Meaning of special driver\n(1) For this Act, a person is a special driver if—\n(a) the person is not the holder of an Australian driver licence, an\nexternal territory driver licence or a foreign driver licence from\na recognised country; or\n(b) the person holds a foreign driver licence that––\n(i) is not issued under the law of a recognised country; or\n(ii) if the licence is issued under the law of a recognised\ncountry––is a licence that corresponds to a licence\nmentioned in paragraph (e); or\n(c) the person’s Australian driver licence or external driver licence\nis suspended; or\n(d) the person is disqualified from holding or obtaining an\nAustralian driver licence by a court in Australia or under the law\nof any jurisdiction; or\n(e) the person holds a learner licence, provisional licence,\nprobationary licence or restricted licence within the meaning\ngiven by the Road Transport (Driver Licensing) Act 1999,\ndictionary; or\n(f) the person is the holder of an Australian driver licence with an\ninterlock condition or an equivalent condition under a\ncorresponding law; or\n(g) the person is the holder of an Australian driver licence and is\ndriving a motor vehicle of a kind that the person is not authorised\nto drive by the licence; or\n\n(h) the person is the driver of—\n(i) a vehicle on which a sign, marking or placard is required\nto be displayed under the—\n(A) Dangerous Goods (Road Transport) Act 2009; or\n(B) Dangerous Substances Act 2004; or\n(C) Work Health and Safety Act 2011; or\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(ii) a motor vehicle with a GVM of more than 15t; or\n(iii) a combination with a GCM of more than 15t; or\n(iv) a public passenger vehicle; or\n(v) a light rail vehicle; or\n(i) the person is learning to drive a heavy vehicle; or\n(j) the person is a driving instructor who is with a driver for the\npurposes of—\n(i) driver instruction; or\n(ii) driver assessment; or\n(k) the person is a heavy vehicle driver assessor who is with a driver\nfor the purposes of driver assessment; or\n(l) the person is a driving supervisor who is with a person who\nholds a learner licence (a learner driver) while the learner driver\ndrives a motor vehicle that displays, or ought to display, L-plates\n(m) the person is with a driver of a light rail vehicle and is—\n(i) instructing the driver how to drive a light rail vehicle; or\n(ii) assessing the driver’s suitability to drive a light rail vehicle.\n\n(2) However, subsection (1) (a) does not apply to a person who is\nexempted from holding a driver licence under the Road Transport\n(Driver Licensing) Act 1999.\n(3) In this section:\nAustroads––see the Road Transport (Driver Licensing)\ncorresponding law––see the Road Transport (Driver Licensing)\ndriver assessment—see the Road Transport (Driver Licensing)\ndriver instruction—see the Road Transport (Driver Licensing)\ndriving instructor—see the Road Transport (Driver Licensing)\ndriving supervisor—see the Road Transport (Driver Licensing)\nRegulation 2000, section 21 (1).\nheavy vehicle—see the Heavy Vehicle National Law (ACT),\nheavy vehicle driver assessor—see the Road Transport (Driver\nLicensing) Regulation 2000, dictionary.\ninterlock condition––see the Road Transport (Driver Licensing)\nRegulation 2000, section 73W.\npublic passenger vehicle—see the Road Transport (Public\nPassenger Services) Act 2001, dictionary.\nrecognised country––see the Road Transport (Driver Licensing)\nRegulation 2000, section 141.\n\n4BA Meaning of driver trainer\nFor this Act, driver trainer means a person mentioned in\nsection 4B (1) (j) to (m).\n","sortOrder":7},{"sectionNumber":"4C","sectionType":"section","heading":"Meaning of prescribed concentration of alcohol","content":"4C Meaning of prescribed concentration of alcohol\nFor this Act, the prescribed concentration of alcohol in a person’s\nblood or breath is—\n(a) for a special driver—more than 0g of alcohol in 100mL of blood\nor 210L of breath; or\n(b) for any other person—0.05g or more of alcohol in 100mL of\nblood or 210L of breath.\n","sortOrder":8},{"sectionNumber":"4D","sectionType":"section","heading":"How alcohol concentration may be expressed","content":"4D How alcohol concentration may be expressed\n(1) For this Act, an analysis of a concentration of alcohol in a person’s\nblood or breath may be expressed as follows:\n(a) the amount of alcohol, in grams, in 100mL of blood if the\nanalysis is based on—\n(i) a sample of blood; or\n(ii) a sample of breath measured by a breath analysis\ninstrument;\n(b) the amount of alcohol, in grams, in 210L of breath if the analysis\nis based on a sample of breath measured by a breath analysis\ninstrument.\n(2) For this Act, an amount of alcohol measured in grams as part of 210L\nof breath is equivalent to the same amount of alcohol in grams as part\nof 100mL of blood.\n\n","sortOrder":9},{"sectionNumber":"4E","sectionType":"section","heading":"Reference to level of alcohol concentration","content":"4E Reference to level of alcohol concentration\nFor this Act, a reference to a concentration of alcohol at a level\nmentioned in an item in table 4E, column 2, is a reference to the\nconcentration of alcohol mentioned in the item, column 3, in 100mL\nof blood or 210L of breath.\nTable 4E\nitem\nlevel\nalcohol concentration range\n1 level 1 less than 0.05g\n2 level 2 0.05g or more but less than 0.08g\n3 level 3 0.08g or more but less than 0.15g\n4 level 4 0.15g or more\n","sortOrder":10},{"sectionNumber":"4F","sectionType":"section","heading":"Meaning of first offender and repeat offender","content":"4F Meaning of first offender and repeat offender\n(1) A person who is convicted or found guilty of a disqualifying offence\nis a first offender in relation to the offence if the person is not a repeat\noffender in relation to the offence.\n(2) A person who is convicted or found guilty of a disqualifying offence\nis a repeat offender in relation to the offence if—\n(a) the person has been convicted or found guilty of a relevant\noffence committed at any time before the disqualifying offence\nwas committed (whether or not the person had been convicted\nor found guilty of the relevant offence when the person\ncommitted the disqualifying offence); or\n(b) the person is convicted or found guilty of 1 or more relevant\noffences concurrently with being convicted or found guilty of\nthe disqualifying offence, and 1 or more of the relevant offences\nwere committed before the disqualifying offence; or\n\n(c) in the 5 years immediately before the disqualifying offence was\ncommitted, the person has—\n(i) been issued with an infringement notice (however\ndescribed) in relation to a corresponding offence; and\n(ii) not disputed the infringement notice within the time\nallowed for the person to dispute the notice under the law\nof the jurisdiction where the notice was issued; or\n(d) at any time before the disqualifying offence was committed, the\nperson has—\n(i) been issued with an infringement notice for a relevant\noffence other than a corresponding offence; and\n(ii) not disputed the infringement notice within the time\nallowed for the person to dispute the notice.\n(3) In this section:\nrelevant offence means—\n(a) a disqualifying offence; or\n(b) a corresponding offence; or\n(c) an offence against the Crimes Act 1900, section 29 (Culpable\ndriving of motor vehicle), in which the person who committed\nthe offence was incapable of having proper control of a vehicle\ninvolved in the offence because of the influence of alcohol or a\ndrug on the person.\nNote Found guilty, of an offence, includes having the offence taken into\naccount under the Crimes (Sentencing) Act 2005, s 57 (Outstanding\nadditional offences taken into account in sentencing), (see Legislation\nAct, dict, pt 1).\n\n","sortOrder":11},{"sectionNumber":"5","sectionType":"section","heading":"Authorisation of operators","content":"5 Authorisation of operators\n(1) The chief police officer may authorise a police officer to carry out\neither or both of the following for this Act:\n(a) breath analysis;\n(b) oral fluid analysis.\n(2) However, the chief police officer may authorise a police officer to\ncarry out analysis mentioned in subsection (1) only if the chief police\nofficer considers that the police officer is suitably qualified to carry\nout the analysis for which the police officer is to be authorised.\n","sortOrder":12},{"sectionNumber":"5A","sectionType":"section","heading":"Register of authorised operators","content":"5A Register of authorised operators\n(1) The chief police officer must keep a register of police officers\nauthorised under section 5.\n(2) The register—\n(a) must state whether a police officer is authorised to carry out\nbreath analysis, oral fluid analysis or both; and\n(b) must include the service number of each police officer\nauthorised under section 5; and\n(c) may include any other information the chief police officer\nconsiders appropriate.\n(3) The register may be kept in any form, including electronically, that\nthe chief police officer decides.\n(4) The chief police officer may correct any mistake, error or omission in\nthe register subject to any requirements prescribed by regulation.\n(5) The chief police officer may change a detail included in the register\nto keep the register up-to-date.\n(6) The register must be available for public inspection, free of charge,\nduring normal business hours on any business day.\n\n","sortOrder":13},{"sectionNumber":"5B","sectionType":"section","heading":"Appointment of analysts","content":"5B Appointment of analysts\nThe road transport authority may appoint a person as an analyst for\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n6 Approval of laboratories\nThe road transport authority may, in writing, approve a laboratory or\nother entity as an approved laboratory for this Act.\n\nDivision 2.1 Important concepts—alcohol and drug tests\nPart 2 Examination of people for\nalcohol or drugs\nDivision 2.1 Important concepts—alcohol and\ndrug tests\n7 Meaning of alcohol screening device\nalcohol screening device means a device prescribed by regulation\nthat is designed to analyse a sample of a person’s breath to indicate if\nthe person’s blood or breath contains the presence of alcohol.\nNote An alcohol screening device is used to carry out an alcohol screening test.\n","sortOrder":14},{"sectionNumber":"7A","sectionType":"section","heading":"Meaning of breath analysis instrument","content":"7A Meaning of breath analysis instrument\nbreath analysis instrument means an instrument prescribed by\nregulation that is designed to analyse a sample of a person’s breath to\nrecord the concentration of alcohol in the person’s breath in either or\nboth of the following:\n(a) in grams per 100mL of blood;\n(b) in grams per 210L of breath.\nNote A breath analysis instrument is used to carry out breath analysis.\n\nImportant concepts—alcohol and drug tests Division 2.1\n","sortOrder":15},{"sectionNumber":"7B","sectionType":"section","heading":"Meaning of drug screening device","content":"7B Meaning of drug screening device\ndrug screening device means a device prescribed by regulation that\nis designed and made to indicate whether a prescribed drug is present\nin a person’s oral fluid when a sample of the person’s oral fluid is\napplied to the device.\n","sortOrder":16},{"sectionNumber":"7C","sectionType":"section","heading":"Meaning of oral fluid analysis instrument","content":"7C Meaning of oral fluid analysis instrument\noral fluid analysis instrument means an instrument prescribed by\nregulation that is designed and made to indicate the presence of a\nprescribed drug in a sample of a person’s oral fluid.\n","sortOrder":17},{"sectionNumber":"7D","sectionType":"section","heading":"Testing and maintenance of instruments etc","content":"7D Testing and maintenance of instruments etc\n(1) A regulation may make provision in relation to the testing and\nmaintenance of the following:\n(a) alcohol screening devices;\n(b) breath analysis instruments;\n(c) oral fluid analysis instruments.\n(2) Without limiting subsection (1), a regulation may make provision for\napproval by the chief police officer of people to test and maintain\ndevices and instruments mentioned in that subsection.\n\n","sortOrder":18},{"sectionNumber":"8","sectionType":"section","heading":"Power to require alcohol screening test if vehicle not","content":"8 Power to require alcohol screening test if vehicle not\ninvolved in accident––driver and driver trainer\n(1) A police officer may require a person to undergo 1 or more alcohol\nscreening tests in accordance with the directions of that officer if—\n(a) the person is––\nor\nrelated area; or\n(b) the police officer has reasonable cause to suspect that, shortly\nbefore the requirement is made, the person was––\nor\nrelated area.\nis being carried out until the test is completed in accordance with the\npolice officer’s directions.\n\nAlcohol—screening tests Division 2.2\n(3) In addition, if an alcohol screening device is not immediately\navailable and the police officer has reasonable cause to suspect that\nthe person has alcohol in the person’s body, the police officer may\ndirect the person to remain at the place where the alcohol screening\ntest is to be carried out for the time (not exceeding 30 minutes)\nreasonably necessary for an alcohol screening device to be made\navailable and the test to be completed.\nExample—screening device not immediately available\nthere is no working screening device at the place where the test is to be carried out\n(4) Nothing in this section prevents a police officer from requiring both\nthe driver and driver trainer to undergo 1 or more alcohol screening\ntests.\n","sortOrder":19},{"sectionNumber":"9","sectionType":"section","heading":"Power to require alcohol screening test if vehicle","content":"9 Power to require alcohol screening test if vehicle\ninvolved in accident––driver\narea, a police officer may require a person to undergo 1 or more\nalcohol screening tests in accordance with the directions of that\nofficer—\nperson was the driver of the motor vehicle at the time of the\nthe driver of the motor vehicle at the time of the accident;\nand\n\n","sortOrder":20},{"sectionNumber":"9A","sectionType":"section","heading":"Power to require alcohol screening test if vehicle","content":"9A Power to require alcohol screening test if vehicle\ninvolved in accident––driver trainer\narea, a police officer may require a person to undergo 1 or more\nalcohol screening tests in accordance with the directions of that\nofficer—\nperson was the driver trainer in the motor vehicle at the time of\nthe accident; or\nthe driver trainer in the motor vehicle at the time of the\naccident; and\n\nAlcohol—screening tests Division 2.2\n","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Power to require alcohol screening test for culpable","content":"10 Power to require alcohol screening test for culpable\ndriving––driver and driver trainer\n(1) A police officer who has reasonable cause to suspect that a person has\ncommitted an offence of culpable driving may require the person to\nundergo 1 or more alcohol screening tests in accordance with the\ndirections of that officer.\n(2) A police officer who has reasonable cause to suspect that a person\nwas the driver trainer in a motor vehicle involved in an offence of\nculpable driving may require the person to undergo 1 or more alcohol\nscreening tests in accordance with the directions of that officer.\n(3) The person must remain at the place where the alcohol screening test\n\n","sortOrder":22},{"sectionNumber":"10A","sectionType":"section","heading":"Power to enter premises for alcohol screening test","content":"10A Power to enter premises for alcohol screening test\n(1) This section applies if a police officer—\n(a) suspects on reasonable grounds that a person—\n(i) was the driver of a vehicle that was involved in an accident\n(ii) failed to comply with a police officer’s request or signal to\nstop a vehicle the person was driving on a road or road\n(b) suspects on reasonable grounds that the person has committed\nan offence against one of the following provisions:\n(i) section 19 (Prescribed concentration of alcohol in blood or\nbreath);\n(ii) section 20 (Prescribed drug in oral fluid or blood—driver\nor driver trainer);\n(iii) section 21 (Prescribed concentration of alcohol and\nprescribed drug in bodily fluid);\n(iv) section 24 (Driving under the influence of intoxicating\nliquor or a drug); and\n(c) requires the person to undergo 1 or more alcohol screening tests\nunder this division; and\n(d) believes on reasonable grounds that the person is on any\npremises.\n(2) The police officer may enter the premises, using the force that is\nnecessary and reasonable in the circumstances, for the purpose of\nrequiring the person to undergo 1 or more alcohol screening tests.\n(3) A police officer who enters premises under this section must not\nremain at the premises for longer than is necessary to conduct the\nrequired screening tests.\n\nAlcohol—confirmatory tests Division 2.3\n","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Detention for breath analysis","content":"11 Detention for breath analysis\n(a) a person undergoes an alcohol screening test under a\nrequirement made by a police officer under section 8, section 9,\nsection 9A or section 10 and the alcohol screening device used\nfor the test indicates that the concentration of alcohol in the\nperson’s blood or breath is the prescribed concentration; or\n(b) a person required by a police officer to undergo an alcohol\nscreening test under section 8, section 9, section 9A or\nsection 10 fails to undergo the test in accordance with the\ndirections of the police officer.\n(2) The police officer may take the person into custody.\n(3) For subsection (1) (a), if the police officer has reasonable cause to\nsuspect that the person is a special driver, the prescribed\nconcentration for the person is the prescribed concentration for a\nspecial driver.\n(4) If a person is taken into custody under this section, a police officer\nmust take the person, as soon as practicable, to a police station or\nother convenient place (for example, a police vehicle) for the person\nto undergo breath analysis.\nExample—s (4)\nA person who is injured and is taken by a police officer to hospital for first aid and\nthen to a police station for breath analysis has been taken to a police station as soon\nas practicable.\n\n","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Breath analysis","content":"12 Breath analysis\n(1) A person who has been taken into custody under section 11 must give,\nin accordance with the reasonable directions of a police officer\n(the requesting police officer), a sample of the person’s breath for\nbreath analysis.\n(2) A breath analysis must be carried out by an authorised operator.\n(3) A regulation may make provision in relation to the following:\n(a) the conditions for carrying out breath analysis;\n(b) the procedures to be followed in relation to carrying out breath\nanalysis;\n(c) the circumstances in which the result of a breath analysis must\nbe disregarded for this Act.\n(4) If, because of a regulation made for subsection (3) (c), the result of a\nbreath analysis must be disregarded for this Act, the requesting police\nofficer may, if another breath analysis instrument is available at the\npolice station or other place where the requirement under\nsubsection (1) is made, require the person to give, in accordance with\nthe officer’s reasonable directions, a sample of the person’s breath for\nbreath analysis using another breath analysis instrument.\n(5) As soon as practicable after the breath analysis has been carried out,\nthe authorised operator who carried out the analysis must give the\nperson a written statement, signed by the operator, containing the\nparticulars required by regulation to be included in the statement.\nExample––written statement\na print-out from the breath analysis instrument\n\n","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Precautions for privacy—breath analysis","content":"13 Precautions for privacy—breath analysis\n(1) The authorised operator carrying out a breath analysis must take all\nsteps that are practicable to ensure that it is not readily apparent to\nmembers of the public that the breath analysis is being carried out.\n(2) Subsection (1) does not apply if the breath analysis is carried out at a\npolice station.\n","sortOrder":26},{"sectionNumber":"13A","sectionType":"section","heading":"Power to require drug screening test if vehicle not","content":"13A Power to require drug screening test if vehicle not\ninvolved in accident––driver and driver trainer\n(1) A police officer may require a person to undergo 1 or more drug\nscreening tests in accordance with the directions of the officer if—\n(a) the person is––\nor\nrelated area; or\n(b) the police officer has reasonable cause to suspect that, shortly\nbefore the requirement is made, the person was––\nor\nrelated area.\nbeing carried out until the test is completed in accordance with the\npolice officer’s directions.\n\n(3) In addition, if a drug screening device is not immediately available\nand the police officer has reasonable cause to suspect that the person\nhas a drug in the person’s body, the police officer may direct the\nperson to remain at the place where the drug screening test is to be\ncarried out for the time (not exceeding 30 minutes) reasonably\nnecessary for a drug screening device to be made available and the\ntest to be completed.\nExample—screening device not immediately available\nthere is no working screening device at the place where the test is to be carried out\n(4) Nothing in this section prevents a police officer from requiring both\nthe driver and driver trainer to undergo a drug screening test.\n","sortOrder":27},{"sectionNumber":"13B","sectionType":"section","heading":"Power to require drug screening test if vehicle involved in","content":"13B Power to require drug screening test if vehicle involved in\naccident––driver\narea, a police officer may require a person to undergo 1 or more drug\nscreening tests in accordance with the directions of the officer—\nperson was the driver of the motor vehicle at the time of the\nthe driver of the motor vehicle at the time of the accident;\nand\n\n13BA Power to require drug screening test if vehicle involved in\naccident––driver trainer\narea, a police officer may require a person to undergo 1 or more drug\nscreening tests in accordance with the directions of the officer—\nperson was the driver trainer in the motor vehicle at the time of\nthe accident; or\nthe driver trainer in the motor vehicle at the time of the\naccident; and\n\n13C Power to require drug screening test for culpable\ndriving—driver and driver trainer\n(1) A police officer who has reasonable cause to suspect that a person has\ncommitted an offence of culpable driving may require the person to\nundergo 1 or more drug screening tests in accordance with the\ndirections of the officer.\n(2) A police officer who has reasonable cause to suspect that a person\nwas the driver trainer in a motor vehicle involved in an offence of\nculpable driving may require the person to undergo 1 or more drug\nscreening tests in accordance with the directions of that officer.\n(3) The person must remain at the place where the drug screening test is\n\n13CA Power to enter premises for drug screening test\n(1) This section applies if a police officer—\n(a) suspects on reasonable grounds that a person—\n(i) was the driver of a vehicle that was involved in an accident\n(ii) failed to comply with a police officer’s request or signal to\nstop a vehicle the person was driving on a road or road\n(b) suspects on reasonable grounds that the person has committed\nan offence against one of the following provisions:\n(i) section 19 (Prescribed concentration of alcohol in blood or\nbreath);\n(ii) section 20 (Prescribed drug in oral fluid or blood—driver\nor driver trainer);\n(iii) section 21 (Prescribed concentration of alcohol and\nprescribed drug in bodily fluid);\n(iv) section 24 (Driving under the influence of intoxicating\nliquor or a drug); and\n(c) requires the person to undergo 1 or more drug screening tests\nunder this division; and\n(d) believes on reasonable grounds that the person is on any\npremises.\n(2) The police officer may enter the premises, using the force that is\nnecessary and reasonable in the circumstances, for the purpose of\nrequiring the person to undergo 1 or more drug screening tests.\n(3) A police officer who enters premises under this section must not\nremain at the premises for longer than is necessary to conduct the\nrequired screening tests.\n\n","sortOrder":28},{"sectionNumber":"13D","sectionType":"section","heading":"Detention for oral fluid analysis","content":"13D Detention for oral fluid analysis\n(a) a person undergoes a drug screening test under a requirement\nmade by a police officer under section 13A, section 13B,\nsection 13BA or section 13C and a drug screening device\nindicates to the police officer that a prescribed drug is present in\nthe person’s oral fluid; or\n(b) a person who has been required by a police officer under\nsection 13A, section 13B, section 13BA or section 13C to\nundergo a drug screening test fails to undergo the screening test\nin accordance with the direction of the police officer.\n(2) The police officer may take the person into custody.\n(3) If the person is taken into custody, a police officer must take the\nperson, as soon as practicable, to a police station or another\nconvenient place (for example, a police vehicle) to carry out an oral\nfluid analysis for the person.\n","sortOrder":29},{"sectionNumber":"13E","sectionType":"section","heading":"Oral fluid—preliminary analysis","content":"13E Oral fluid—preliminary analysis\n(1) A person who has been taken into custody under section 13D must\ngive, in accordance with the reasonable directions of a police officer,\na sufficient sample of the person’s oral fluid (the sample) for oral\nfluid analysis.\n(2) An authorised operator must carry out an oral fluid analysis on a part\nof the sample.\n(3) A regulation may make provision in relation the following:\n(a) the conditions for carrying out an oral fluid analysis;\n\nPrescribed drugs—confirmatory tests Division 2.5\n(b) the procedures to be followed in relation to carrying out an oral\nfluid analysis;\n(c) the circumstances in which the result of an oral fluid analysis\nmust be disregarded for this Act.\n(4) If, because of a regulation made for subsection (3) (c), the result of\nan oral fluid analysis must be disregarded, the requesting police\nofficer may, if another oral fluid analysis instrument is available at\nthe police station or other place where the requirement under\nsubsection (1) is made, require the person to give, in accordance with\nthe officer’s reasonable directions, another sufficient sample of the\nperson’s oral fluid for oral fluid analysis using another oral fluid\nanalysis instrument.\n(5) If an oral fluid analysis is not to be disregarded for this Act, the\nauthorised operator who carried out the analysis must—\n(a) place the part of the sample not analysed under this section into\na container; and\n(i) the authorised operator’s name;\n(ii) the name of the person who gave the sample;\n(iii) the date and time the sample was given; and\nhas a unique identifying number marked on it.\n(6) As soon as practicable after the oral fluid analysis has been carried\nout, the authorised operator who carried out the analysis must give\nthe person a written statement, signed by the operator, containing the\nparticulars required by regulation to be included in the statement.\nExample––written statement\na print-out from the oral fluid analysis instrument\n\n","sortOrder":30},{"sectionNumber":"13F","sectionType":"section","heading":"Precautions for privacy—oral fluid analysis","content":"13F Precautions for privacy—oral fluid analysis\n(1) The authorised operator carrying out an oral fluid analysis must take\nall steps that are practicable to ensure that it is not readily apparent to\nmembers of the public that the oral fluid analysis is being carried out.\n(2) Subsection (1) does not apply if the oral fluid analysis is carried out\nat a police station.\n","sortOrder":31},{"sectionNumber":"13G","sectionType":"section","heading":"Oral fluid—confirmatory analysis","content":"13G Oral fluid—confirmatory analysis\n(1) This section applies to the part of a sample of a person’s oral fluid\nstored and sealed in a container under section 13E (5) (the sample).\n(2) The chief police officer must ensure that the sample is taken to an\napproved laboratory as soon as practicable after it is stored and sealed\nunder section 13E (5).\n(3) An analyst at the approved laboratory to which the sample is taken\nunder subsection (2) must, as soon as practicable, arrange for the\nanalysis of the sample at the laboratory or another approved\nlaboratory to work out whether a prescribed drug is present in the\nsample.\n(4) An analyst responsible for testing the sample must take reasonable\ncare to ensure that a part of the sample (the preserved part) sufficient\nfor analysis to be carried out for the person who gave the sample\n(the tested person) is protected and preserved until—\n(a) if a request is made under subsection (6)—the preserved part is\n\nPrescribed drugs—confirmatory tests Division 2.5\n(5) However, subsection (4) does not apply if the amount of sample\nremaining after analysis under subsection (3) is insufficient for\n(6) Before the end of the period mentioned in subsection (4) (b), the\n(7) If a request is made under subsection (6), the analyst must ensure that\n","sortOrder":32},{"sectionNumber":"13H","sectionType":"section","heading":"Oral fluid analysis statement","content":"13H Oral fluid analysis statement\n(1) As soon as practicable after an analysis of a sample of a person’s oral\nfluid is carried out under section 13G, the chief police officer must\nensure the person is given a written statement that includes the\nfollowing information:\n(a) the date and the time the oral fluid sample was taken;\n(c) the result of the analysis;\n(d) the address where the preserved part of the oral fluid sample is\nbeing held;\n(e) that the person will be notified, in writing, of a request (if any)\n(f) that the person may, before the end of the period mentioned in\nsection 13G (4) (b), ask the analyst to send the preserved part of\nthe oral fluid sample to a laboratory nominated by the person, at\nthe person’s expense.\npreserved part—see section 13G (4).\n\n","sortOrder":33},{"sectionNumber":"14","sectionType":"section","heading":"Restrictions on tests etc under this part","content":"14 Restrictions on tests etc under this part\n(1) A police officer must not require a person to undergo a screening test,\nor provide a sample of the person’s breath or oral fluid for analysis\nunder section 12 (Breath analysis) or section 13E (Oral fluid—\npreliminary analysis)—\n(a) for an accident—\n(i) if the person is taken to hospital—if more than 2 hours\nhave elapsed since the person arrived at the hospital; or\n(ii) in any other case—if more than 2 hours have elapsed since\nthe accident occurred; or\n(b) in any other case—if more than 2 hours have elapsed since the\nperson ceased to be the driver of the motor vehicle or the driver\ntrainer in the motor vehicle.\n(2) If subsection (1) (a) (ii) applies and—\n(a) a police officer attending the scene of the accident has doubt as\nto the time when the accident occurred; and\n(b) the relevant person is found at or near the scene of the accident;\nand\n(c) the police officer has reasonable cause to suspect that the person\nwas in the vehicle at the time of the accident;\nsubsection (1) applies in relation to that person if more than 2 hours\nhave elapsed since the person was found.\n\nRestrictions on alcohol and drug tests Division 2.6\n(3) A police officer must not require a person to undergo a screening test,\nor provide a sample of the person’s breath or oral fluid for analysis\nunder section 12 or section 13E—\n(a) if it appears to the police officer that it may, because of injury\nsuffered by the person or otherwise, be dangerous or not\npracticable for the person to undergo the screening test or to\nprovide the sample; or\n(b) if the person is in hospital and the doctor or nurse practitioner\nattending the person certifies in writing that, in the opinion of\nthe doctor or nurse practitioner, complying with the requirement\nwould be prejudicial to the proper care and treatment of the\nperson or dangerous to the person’s health; or\n(c) for a person who is at the place where the person usually lives—\n(i) unless the person was, or the officer has reasonable cause\nto suspect that the person was, the driver of or driver trainer\nin a motor vehicle when it was involved in an accident on\na road or road related area; or\n(ii) unless the officer has reasonable cause to suspect that the\nperson has committed, or was the driver trainer during the\ncommission of, an offence of culpable driving; or\n(iii) unless the requirement is made immediately after a motor\nvehicle driven by the person, or in which the person was a\ndriver trainer, has stopped at or near the place where the\nperson usually lives and the officer making the requirement\nhas followed the motor vehicle while it was being driven\non the road.\n(4) If the person is in hospital, the police officer must, before making the\nrequirement, tell the doctor or nurse practitioner attending the person\nof the officer’s intention to make the requirement.\nscreening test means an alcohol screening test or drug screening test.\n\n","sortOrder":34},{"sectionNumber":"15","sectionType":"section","heading":"Taking blood samples from people in custody","content":"15 Taking blood samples from people in custody\n(1) If—\n(a) a police officer does not, because of section 14 (3) (a) or (b)\nrequire a person to undergo a screening test or to provide a\nsample of breath or oral fluid for analysis; or\n(b) it is not practicable to carry out a breath or oral fluid analysis\nbecause—\n(i) for a breath analysis, a breath analysis instrument is not\navailable or an available breath analysis instrument is not\nin working order; or\n(ii) for oral fluid analysis, an oral fluid analysis instrument is\nnot available or an available oral fluid analysis instrument\nis not in working order; or\n(c) a person is unable to provide a sufficient sample of oral fluid for\nanalysis;\nthe police officer may require the person to permit a sample of the\nperson’s blood to be taken by a doctor or a nurse for analysis and, if\nthe person is not in hospital, may take the person into custody and\ntake the person, or place the person in the custody of another police\nofficer who must take the person, as soon as practicable, to a hospital\nor sampling facility for that purpose.\n(2) A requirement must not be made under subsection (1) after the end of\nwhichever of the periods specified in section 14 (1) or (2) applies in\nrelation to the person.\n(3) In this section—\n(a) a reference to the taking of a blood sample is a reference to the\ntaking of a blood sample under a requirement under\nsubsection (1); and\n\n(b) a reference to an analysis of a blood sample is a reference to an\nanalysis of the sample to detect alcohol, or a prescribed drug, or\nboth.\n(4) A sample of a person’s blood must be taken as soon as practicable\nafter the arrival of the person at hospital or at the sampling facility\nand must not be taken more than 2 hours after the arrival of the person\nat hospital or at the facility.\n(5) A doctor or nurse must not refuse to take a sample of a person’s blood\nfor analysis—\n(a) if permitted to do so by the person under subsection (1); or\n(b) if the person is unconscious or the doctor or nurse is of the\nopinion that the person is, because of their medical condition,\nincapable of giving or refusing permission to take such a\nsample—if requested to do so by a police officer under this\nsection.\n(6) A police officer must not make a request under subsection (5) after\nthe end of whichever of the periods specified in section 14 (1) or (2)\napplies in relation to the person.\n(7) The doctor or nurse (the sample taker) taking a sample of blood from\na person (the tested person) must—\n(a) take the sample in the presence of a police officer; and\n(b) place the sample into a container; and\n(c) attach a label to the container that includes the following\n(ii) the tested person’s name;\n\n(d) ensure that the container is sealed with a tamper-evident seal that\n(e) put the sealed container into a one-way box.\n(8) The chief police officer must, as soon as practicable, arrange for the\n15AA Taking blood samples from people in hospital\n(1) This section applies if a doctor or nurse attending to a person in a\nhospital believes on reasonable grounds that—\n(i) was involved in an accident; and\n(ii) is at least 15 years old; and\n(iii) was admitted to the hospital for examination or treatment\nbecause of the accident; and\n(b) the accident happened not more than 6 hours before the person\narrived at the hospital.\n(2) The doctor or nurse must, as soon as practicable but not more than\n2 hours after the person arrives at the hospital, take a sample of the\nperson’s blood for analysis.\n(3) A doctor or nurse must not fail to take a sample of blood under\nsubsection (2) only because—\n(a) the person is unconscious; or\n(b) the doctor or nurse is of the opinion that the person is, because\nof their medical condition, incapable of giving or refusing\npermission to take such a sample.\nNote See s 17 (2) for circumstances when a doctor or nurse is not required to\ntake a sample of blood.\n\n(4) The person (the sample taker) taking a sample of blood from a patient\nmust—\n(a) place the sample into a container; and\n(ii) the patient’s name;\n(d) put the sealed container into a one-way box.\n(5) The chief police officer must, as soon as practicable, arrange for the\n(6) In this section:\naccident means an accident on a road or road related area, whether\nwithin or outside the ACT and whether or not it involves a motor\nvehicle.\nanimal means a horse, cattle or sheep.\ndrive, a vehicle—see section 24A (5).\ninvolved in an accident—a person was involved in an accident if the\nperson—\n(a) was a driver or driver trainer of a motor vehicle involved in an\n(b) was driving, or attempting to drive, a vehicle involved in an\n(c) was riding, or attempting to ride, an animal involved in an\n\n(d) was a pedestrian involved in an accident that involved a vehicle\nor motor vehicle.\nvehicle—see section 24A (5).\n","sortOrder":35},{"sectionNumber":"15A","sectionType":"section","heading":"Analysis of blood samples","content":"15A Analysis of blood samples\n(1) This section applies if, under section 15 or section 15AA—\n(a) a sample of blood is taken from a person (the tested person) for\n(b) an analyst has collected the sealed container containing the\nsample from a one-way box.\n(2) The analyst must, as soon as practicable, arrange for the analysis of\nthe sample of blood at an approved laboratory to work out, in\naccordance with a request made by a police officer—\n(a) the concentration of alcohol in the blood; or\n(b) whether a prescribed drug is present in the blood.\n(3) If a police officer has reasonable cause to suspect that the tested\nperson has a drug other than a prescribed drug or alcohol in the\nperson’s body, or that the tested person’s behaviour may be affected\nby the presence of a drug other than a prescribed drug or alcohol in\nthe person’s body, the police officer may ask the analyst to work out\nthe following:\n(a) whether 1 or more drugs other than a prescribed drug or alcohol\nare present in the sample;\n(b) if a drug other than a prescribed drug or alcohol is present in the\nsample—the concentration, quantity or other measurement of\nthe drug.\n(4) The analyst must, as far as practicable, comply with the police\nofficer’s request.\n\n(5) The analyst must take reasonable care to ensure that a part of the\nsample sufficient for analysis to be carried out for the tested person\n(the preserved part) is protected and preserved until—\n(a) if a request is made under subsection (7)—the preserved part is\n(6) However, subsection (5) does not apply if the amount of sample\nremaining after analysis under subsection (2) is insufficient for\n(7) Before the end of the period mentioned in subsection (5) (b), the\n(8) If a request is made under subsection (7), the analyst must ensure that\n","sortOrder":36},{"sectionNumber":"15B","sectionType":"section","heading":"Blood analysis statement","content":"15B Blood analysis statement\n(1) As soon as practicable after an analysis of a sample of a person’s\nblood is carried out under section 15A, the chief police officer must\nensure the person is given a written statement that includes the\nfollowing information:\n(a) the date and the time the blood sample was taken;\n(c) the place where the blood sample was taken;\n\n(d) the result of the analysis;\n(e) the address where the preserved part of the blood sample is being\nheld;\n(f) that the person will be notified, in writing, of a request (if any)\n(g) that the person may, before the end of the period mentioned in\nsection 15A (5) (b), ask the analyst to send the preserved part of\nthe blood sample to a laboratory nominated by the person, at the\nperson’s expense.\npreserved part—see section 15A (5).\n","sortOrder":37},{"sectionNumber":"16","sectionType":"section","heading":"Medical examination—offence against s 24 or culpable","content":"16 Medical examination—offence against s 24 or culpable\ndriving\n(1) This section applies to a person who has been––\n(a) required to undergo––\n(i) an alcohol screening test, or to provide a sample of the\nperson’s breath for analysis under section 12 (Breath\nanalysis); or\n(ii) if it is practicable to do so––a drug screening test, or to\nprovide a sample of the person’s oral fluid for analysis\nunder section 13E (Oral fluid––preliminary analysis); and\nExamples––impracticability\n1 drug screening device not readily available\n2 drug screening test or oral fluid analysis cannot be conducted\nbefore time limits for testing the person expire\n\n(b) arrested on reasonable suspicion of having committed an\noffence against section 24 (Driving under the influence of\nintoxicating liquor or a drug) or an offence of culpable driving.\nExamples––reasonable suspicion\n1 the way the person was driving\n2 the way the person is behaving\n3 a breath analysis the person was required to undergo indicates that a\nprescribed concentration of alcohol is present in the person’s breath\n(2) If a police officer has reasonable cause to suspect—\n(a) that the person has in the person’s body a drug, including a\nprescribed drug or alcohol; or\n(b) that the behaviour of the person does not arise, or does not\nwholly arise, from the presence of alcohol in the person’s body;\nthe police officer may require the person to submit to a medical\nexamination and to give, or permit the taking of, body samples in\naccordance with this section for the purpose of ascertaining whether\nthe condition of the person is caused, or contributed to, by the\npresence in the person’s body of a drug, including a prescribed drug\nor alcohol.\n(3) If the person is not in hospital and is not otherwise in custody under\nthis Act, the police officer may take the person into custody and take\nthe person, or place the person in the custody of another police officer\nwho must take the person, as soon as practicable to a hospital or\nsampling facility for the purposes of the medical examination.\n(4) A doctor or nurse practitioner requested by a police officer to carry\nout a medical examination of the person for the purpose mentioned in\nsubsection (2) must carry out the medical examination within 2 hours\nof the person’s arrival at hospital or the sampling facility.\n\n(5) A doctor or nurse practitioner requested by a police officer to take a\nsample from the body of a person to whom this section applies for the\npurpose mentioned in subsection (2) must, within 2 hours of the\nperson’s arrival at hospital or the sampling facility—\n(a) take the sample; or\n(b) request a nurse to take the sample.\n(6) A nurse requested by a doctor, nurse practitioner or police officer to\ntake a sample from the body of a person to whom this section applies\nmust take the sample within 2 hours of the person’s arrival at hospital\nor the sampling facility.\n(7) The person (the sample taker) taking a sample from a person\n(the tested person) under this section must—\n(a) place the sample into a container; and\n(ii) the tested person’s name;\n(d) put the sealed container into a one-way box.\n(8) The chief police officer must, as soon as practicable, arrange for the\n\n","sortOrder":38},{"sectionNumber":"16A","sectionType":"section","heading":"Analysis of body samples","content":"16A Analysis of body samples\n(1) This section applies if, under section 16—\n(a) a body sample is taken from a person (the tested person) for\n(b) an analyst has collected the sealed container containing the\nsample from a one-way box.\n(2) The analyst must, as soon as practicable, arrange for the analysis of\nthe sample at an approved laboratory to work out, as far as\npracticable—\n(a) whether any drug, including a prescribed drug or alcohol was\npresent in the tested person’s body when the sample was taken;\nand\n(b) if the sample is of the tested person’s blood—the concentration,\nquantity or other measurement of a drug, including a prescribed\ndrug or alcohol, in the sample.\n(3) The analyst must take reasonable care to ensure that a part of the\nsample sufficient for analysis to be carried out for the tested person\n(the preserved part) is protected and preserved until—\n(a) if a request is made under subsection (5)—the preserved part is\n(4) However, subsection (3) does not apply if the amount of sample\nremaining after analysis under subsection (2) is insufficient for\n\n(5) Before the end of the period mentioned in subsection (3) (b), the\n(6) If a request is made under subsection (5), the analyst must ensure that\n","sortOrder":39},{"sectionNumber":"16B","sectionType":"section","heading":"Body sample statement","content":"16B Body sample statement\n(1) As soon as practicable after an analysis of a person’s body sample is\ncarried out under section 16A, the chief police officer must ensure the\nperson is given a written statement that includes the following\n(a) the date and the time the body sample was taken;\n(c) the place where the body sample was taken;\n(d) the result of the analysis;\n(e) the address where the preserved part of the body sample is being\nheld;\n(f) that the person will be notified, in writing, of a request (if any)\n(g) that the person may, before the end of the period mentioned in\nsection 16A (3) (b), ask the analyst to send the preserved part of\nthe body sample to a laboratory nominated by the person, at the\nperson’s expense.\npreserved part—see section 16A (3).\n\n","sortOrder":40},{"sectionNumber":"16C","sectionType":"section","heading":"Keeping of samples—request by DPP","content":"16C Keeping of samples—request by DPP\n(a) a blood, an oral fluid or other body sample was taken from a\nperson (the tested person) under this part for analysis; and\n(b) the preserved part of the sample—\n(i) is being kept at the approved laboratory where the analysis\nwas carried out; and\n(ii) has not been sent to a nominated laboratory under\nsection 13G (6) (Oral fluid––confirmatory analysis),\nsection 15A (7) (Analysis of blood samples) or\nsection 16A (5) (Analysis of body samples); and\n(c) a proceeding against the tested person—\n(i) has not yet begun; or\n(ii) has begun and not yet been finally decided (including any\nappeals).\n(2) The DPP may ask the approved laboratory to keep the preserved part\nof the sample until the end of the proceeding (including any appeals).\n(3) If the DPP makes a request under subsection (2), the DPP must tell\nthe tested person about the request as soon as practicable.\npreserved part—\n(a) in relation to an oral fluid sample–– see section 13G (4); or\n(b) in relation to a blood sample—see section 15A (5); or\n(c) in relation to a body sample (other than an oral fluid sample)—\nsee section 16A (3).\n\n","sortOrder":41},{"sectionNumber":"16D","sectionType":"section","heading":"Destruction of samples","content":"16D Destruction of samples\n(1) This section applies to the part of a sample preserved under\nsection 13G (4) (Oral fluid––confirmatory analysis), section 15A (5)\n(Analysis of blood samples) or section 16A (3) (Analysis of body\nsamples).\n(2) An analyst must arrange for the preserved part to be destroyed after\nthe end of the period for which the preserved part must be kept under\nsection 13G (4) (b), section 15A (5) (b) or section 16A (3) (b).\n","sortOrder":42},{"sectionNumber":"17","sectionType":"section","heading":"Exemptions from requirements to take blood samples or","content":"17 Exemptions from requirements to take blood samples or\ncarry out examinations\n(1) In this section:\nspecified procedure means—\n(a) the taking of a sample—\n(i) of a person’s blood under this Act; or\n(ii) from the body of a person under section 16; or\n(b) the carrying out of a medical examination under section 16.\n(2) A doctor or nurse is not required to carry out a specified procedure on\na person—\n(a) if the doctor or nurse is of the opinion that to do so would be\nprejudicial to the proper care and treatment of the person or\ndangerous to the person’s health; or\n\n(b) for a procedure under section 15 (Taking blood samples from\npeople in custody), section 15AA (Taking blood samples from\npeople in hospital) or section 16 (Medical examination—\noffence against s 24 or culpable driving)—if the person objects\nto the carrying out of the procedure and persists in so objecting\nafter a doctor, nurse or police officer has informed the person\nthat, unless the objection is based on religious or other\nconscientious grounds or on medical grounds, the refusal may\nconstitute an offence punishable as provided by this Act; or\n(c) for a procedure under section 15AA, if—\n(i) the doctor or nurse believes on reasonable grounds that a\nsample of the person’s blood—\n(A) has already been taken under this Act; or\n(B) will be taken under section 15; or\n(ii) the behaviour of the person or another circumstance\nprevents the doctor or nurse from carrying out the\nprocedure.\n(3) It is a defence to a prosecution for a breach of section 15 (5) or\nsection 16 (4), (5) or (6) if the defendant satisfies the court that—\n(a) because of the behaviour of the person in relation to whom the\nrelevant specified procedure was to be carried out, the defendant\nwas unable to comply with the subsection; or\n(b) there was other reasonable cause for the failure to comply with\nthe subsection.\n\n","sortOrder":43},{"sectionNumber":"18","sectionType":"section","heading":"Protection of police officers and medical staff","content":"18 Protection of police officers and medical staff\n(1) A police officer to whom this section applies who, in the exercise or\nintended exercise of a power given by this Act, takes a person into\ncustody and takes the person to a place for the purpose of this Act, is\nnot liable, only because of the taking into custody of the person and\nthe holding of the person in custody, in an action arising out of the\ntaking into custody of the person and holding of the person in custody.\n(2) Subsection (1) applies to—\n(a) a police officer who believes on reasonable grounds that a\nperson who has been taken into custody is liable to be taken into\ncustody; and\n(b) if such a police officer has taken a person into custody and has\nplaced the person in the custody of another police officer—that\nother police officer.\n(3) A person who is taken into custody in relation to an offence against\nthis Act must not be held in custody after—\n(a) if the sample of the person’s breath or oral fluid has been\nanalysed—the time when the authorised operator gives the\nperson the written statement mentioned in section 12 (5) or\nsection 13E (6); or\n(b) if the person is required to permit the taking of a sample of the\nperson’s blood or to submit to a medical examination—the\nsample of the blood of the person has been taken or the medical\nexamination is completed; or\n(c) the end of whichever of the periods mentioned in section 14 (1)\napplies in relation to the person.\n(4) The Territory must indemnify and keep indemnified a doctor or nurse\nwho carries out a specified procedure when required to do so by this\nAct in relation to any damages that the doctor or nurse becomes liable\nto pay as a result of carrying out the procedure.\n\nSearch and seizure Division 2.8\n(5) In subsection (4):\nspecified procedure—see section 17 (1).\n(6) Subsection (4) applies whether the person was or was not capable,\nbecause of the person’s mental condition, of giving or refusing\nconsent to the taking of a sample of blood or to the medical\nexamination.\n","sortOrder":44},{"sectionNumber":"18B","sectionType":"section","heading":"Permitted use of samples","content":"18B Permitted use of samples\nA sample of oral fluid, blood or any other body sample given or taken\nunder this Act may only be used for the following purposes:\n(a) analysis of the sample in accordance with this Act;\n(b) research relating to drivers of motor vehicles affected by drugs,\nbut only if identifying information about the person who\nprovided the sample cannot be ascertained from it;\n(c) a proceeding for an offence of culpable driving;\n(d) a proceeding for an offence against the Road Transport (Safety\nand Traffic Management) Act 1999, section 5A (Races, attempts\non speed records, speed trials etc) or section 7 (Furious, reckless\nor dangerous driving).\n","sortOrder":45},{"sectionNumber":"18C","sectionType":"section","heading":"Power to search person in custody","content":"18C Power to search person in custody\n(1) A police officer may search a person who is taken into custody under\nthe following sections and may take possession of anything found in\nthe person’s possession:\n(a) section 11 (Detention for breath analysis);\n(b) section 13D (Detention for oral fluid analysis);\n(c) section 15 (Taking blood samples from people in custody).\n\n(2) For the purposes of the search, the officer may request the assistance\nof another police officer of the same sex as the person being searched.\n(3) A person is entitled to the return of anything taken from the person\nunder subsection (1) when the person ceases to be in custody, other\nthan––\n(a) a seizable item; or\n(b) an item that may otherwise be seized or retained under another\nterritory law.\nsearch means a search of a person or of anything in the person’s\npossession, and may include––\n(a) requiring the person to remove only the person’s overcoat, coat,\njacket or a similar article of clothing and any footwear, gloves\nor headwear; and\n(b) an examination of them.\nseizable item means a seizable item under the Crimes Act 1900,\npart 10.\nNote A seizable item means anything that would present a danger to a person\nor that could be used to assist a person to escape from lawful custody (see\nCrimes Act 1900, pt 10).\n\n","sortOrder":46},{"sectionNumber":"19","sectionType":"section","heading":"Prescribed concentration of alcohol in blood or breath","content":"19 Prescribed concentration of alcohol in blood or breath\nor\n(b) has, within the relevant period, the prescribed concentration of\nalcohol in the person’s blood or breath.\n(a) for a first offender—the penalty mentioned in table 19, column 3\nfor the concentration of alcohol at a level specified in column 2;\nor\n(b) for a repeat offender—the penalty mentioned in table 19,\ncolumn 4 for the concentration of alcohol at a level specified in\ncolumn 2.\nNote A person other than a special driver does not commit an offence against\ns (1) if the concentration of alcohol in the person’s blood or breath is at\nlevel 1 (see s 4C and s 4E).\n(3) A driver trainer convicted of an offence against subsection (1) is not\npunishable by imprisonment.\n\n(4) In a proceeding for an offence against subsection (1), evidence may\nbe given of the concentration of alcohol in the person’s blood or\nbreath based on—\n(a) for proof of the concentration of alcohol in the person’s blood\nor breath—an analysis of a sample of the person’s breath carried\nout in accordance with this Act; or\n(b) for proof of the concentration of alcohol in the person’s blood—\nan analysis of a sample of the person’s blood carried out at an\napproved laboratory and certified accurate by an analyst.\nrelevant period means the period beginning when the person ceased\nto be the driver of the vehicle or the driver trainer in the vehicle and\n(a) a breath analysis of the person could be carried out under this\nAct; or\n(b) if a sample of the person’s blood was taken under section 15\n(Taking blood samples from people in custody) or section 15AA\n(Taking blood samples from people in hospital)—a sample of\nthe person’s blood could be taken under the section.\nTable 19\nitem\n1 level 1 25 penalty units 50 penalty units,\nimprisonment for 6 months\n2 level 2 25 penalty units 50 penalty units,\nimprisonment for 6 months\n\nitem\n3 level 3 50 penalty units,\n6 months or both\n100 penalty units,\n12 months or both\n4 level 4 75 penalty units,\n9 months or both\n150 penalty units,\n18 months or both\n","sortOrder":47},{"sectionNumber":"19A","sectionType":"section","heading":"Defence if person did not intend to drive motor vehicle—","content":"19A Defence if person did not intend to drive motor vehicle—\ns 19\nIf a person charged with an offence against section 19 was the driver\nof the motor vehicle only for the reason that the person was in, and in\ncharge of, a motor vehicle on a road or road related area, it is a defence\nif the person charged proves that—\n(a) the person had not started, or attempted to start, the motor\nvehicle and had not put, or attempted to put, the motor vehicle\nin motion; and\n(b) the person did not intend to drive the motor vehicle until a time\nwhen the concentration of alcohol in the person’s blood or\nbreath was no longer the prescribed concentration for the person.\nthis section (see Criminal Code, s 59).\n","sortOrder":48},{"sectionNumber":"19B","sectionType":"section","heading":"Defence if special driver with lower concentration of","content":"19B Defence if special driver with lower concentration of\nalcohol from allowable source—s 19\n(a) a person is a special driver charged with an offence against\nsection 19; and\n(b) the concentration of alcohol in the person’s blood or breath\nwithin the relevant period was less than 0.02g in 100mL of the\nperson’s blood or 210L of the person’s breath.\n\n(2) It is a defence to a prosecution for the offence if the defendant proves\nthat the concentration of alcohol in the defendant’s blood or breath\nwas caused by—\n(a) the consumption of an alcoholic beverage that formed part of a\nreligious observance; or\n(b) the consumption or use of a substance that was not, entirely or\npartly, consumed or used for its alcohol content.\nExample—substance\nfood or medicine that contains alcohol\nNote A defendant has a legal burden in relation to the matters mentioned\nin s (2) (see Criminal Code, s 59).\n","sortOrder":49},{"sectionNumber":"20","sectionType":"section","heading":"Prescribed drug in oral fluid or blood––driver or driver","content":"20 Prescribed drug in oral fluid or blood––driver or driver\nor\n(b) has, within the relevant period, a prescribed drug in the person’s\noral fluid or blood.\n(a) for a first offender—25 penalty units; or\n(b) for a repeat offender—\n(i) if the offender is the driver—50 penalty units,\nimprisonment for 6 months or both; and\n(ii) if the offender is the driver trainer—50 penalty units.\n\n(3) A defendant in a prosecution for an offence against this section cannot\nliability) in relation to the identity of the prescribed drug if the\ndefendant claims to have—\n(a) considered, and been under a mistaken belief about, the identity\nof the prescribed drug; and\n(b) believed that the prescribed drug was a controlled drug.\n(4) A defendant in a prosecution for an offence against this section cannot\nliability) in relation to having delta-9-tetrahydrocannabinol in the\ndefendant’s oral fluid or blood if the defendant’s mistake relates to\nthe effect of consumption of a cannabis food product on the presence\nof delta-9-tetrahydrocannabinol in the defendant’s oral fluid or blood.\n(5) In a proceeding for an offence against subsection (1), evidence may\nbe given that a person has a prescribed drug in the person’s oral fluid\nor blood based on—\n(a) for proof of the presence of a prescribed drug in the person’s\noral fluid—an analysis of a part of a sample of the person’s oral\nfluid under section 13G (Oral fluid—confirmatory analysis) that\nindicates that a prescribed drug is present in the sample; or\n(b) for proof of the presence of a prescribed drug in the person’s\nblood—an analysis of a part of a sample of the person’s blood\nunder section 15A (Analysis of blood samples) that indicates\nthat a prescribed drug is present in the sample.\n(6) In this section:\ncannabis food product—see the Drugs of Dependence Act 1989,\ncontrolled drug—see the Criminal Code, section 600.\n\nrelevant period means the period beginning when the person stopped\nbeing the driver of the vehicle or the driver trainer in the vehicle and\n(a) a breath or oral fluid analysis of the person could be carried out\nunder this Act; or\n(b) if section 15 (Taking blood samples from people in custody) or\nsection 15AA (Taking blood samples from people in hospital)\napplies—a sample of the person’s blood could be taken under\nthat section.\n","sortOrder":50},{"sectionNumber":"21","sectionType":"section","heading":"Prescribed concentration of alcohol and prescribed drug","content":"21 Prescribed concentration of alcohol and prescribed drug\nin bodily fluid\n(a) has been—\nor\n(b) has, within the relevant period, the prescribed concentration of\nalcohol in the person’s blood or breath; and\n(c) has, within the relevant period, a prescribed drug in the person’s\noral fluid or blood.\n(a) for a first offender—the penalty mentioned in table 21, column 3\nfor the concentration of alcohol at a level specified in column 2;\nor\n\n(b) for a repeat offender—the penalty mentioned in table 21,\ncolumn 4 for the concentration of alcohol at a level specified in\ncolumn 2.\nNote A person other than a special driver does not commit an offence against\ns (1) if the concentration of alcohol in the person’s blood or breath is at\nlevel 1 (see s 4C and s 4E).\n(3) A driver trainer convicted of an offence against subsection (1) is not\npunishable by imprisonment.\n(4) A defendant in a prosecution for an offence against this section cannot\nliability) in relation to the identity of the prescribed drug if the\ndefendant claims to have—\n(a) considered, and been under a mistaken belief about, the identity\nof the prescribed drug; and\n(b) believed that the prescribed drug was a controlled drug.\n(5) A defendant in a prosecution for an offence against this section cannot\nliability) in relation to having delta-9-tetrahydrocannabinol in the\ndefendant’s oral fluid or blood if the defendant’s mistake relates to\nthe effect of consumption of a cannabis food product on the presence\nof delta-9-tetrahydrocannabinol in the defendant’s oral fluid or blood.\n(6) In a proceeding for an offence against subsection (1), evidence may\nbe given of the concentration of alcohol in the person’s blood or\nbreath based on—\n(a) for proof of the concentration of alcohol in the person’s blood\nor breath—an analysis of a sample of the person’s breath carried\nout in accordance with this Act; or\n(b) for proof of the concentration of alcohol in the person’s blood—\nan analysis of a sample of the person’s blood carried out at an\napproved laboratory and certified accurate by an analyst.\n\n(7) In a proceeding for an offence against subsection (1), evidence may\nbe given that a person has a prescribed drug in the person’s oral fluid\nor blood based on—\n(a) for proof of the presence of a prescribed drug in the person’s\noral fluid—an analysis of a part of a sample of the person’s oral\nfluid under section 13G (Oral fluid—confirmatory analysis) that\nindicates that a prescribed drug is present in the sample; or\n(b) for proof of the presence of a prescribed drug in the person’s\nblood—an analysis of a part of a sample of the person’s blood\nunder section 15A (Analysis of blood samples) that indicates\nthat a prescribed drug is present in the sample.\n(8) In this section:\ncannabis food product—see the Drugs of Dependence Act 1989,\ncontrolled drug—see the Criminal Code, section 600 (1).\nrelevant period means the period beginning when the person stopped\nbeing the driver of the vehicle or the driver trainer in the vehicle and\n(a) both of the following could be carried out under this Act:\n(i) a breath analysis of the person;\n(ii) an oral fluid analysis of the person; or\n(b) if a sample of the person’s blood was taken under section 15\n(Taking blood samples from people in custody) or section 15AA\n(Taking blood samples from people in hospital)—a sample of\nthe person’s blood could be taken under the section.\n\nTable 21\nitem\n1 level 1 50 penalty units 100 penalty units,\nimprisonment for 12 months\n2 level 2 50 penalty units 100 penalty units,\nimprisonment for 12 months\n3 level 3 75 penalty units,\n9 months or both\n150 penalty units,\nimprisonment for 18 months\n4 level 4 100 penalty units,\n12 months or both\n200 penalty units,\nimprisonment for 2 years or\nboth\n","sortOrder":51},{"sectionNumber":"21A","sectionType":"section","heading":"Defence if person did not intend to drive motor vehicle—","content":"21A Defence if person did not intend to drive motor vehicle—\ns 21\nIf a person charged with an offence against section 21 was the driver\nof a motor vehicle only for the reason that the person was in, and in\ncharge of, a motor vehicle on a road or road related area, it is a defence\nif the person charged proves that—\n(a) the person had not started, or attempted to start, the motor\nvehicle and had not put, or attempted to put, the motor vehicle\nin motion; and\n(b) the person did not intend to drive the motor vehicle until a time\nwhen the concentration of alcohol in the person’s blood or\nbreath was no longer the prescribed concentration for the person.\nthis section (see Criminal Code, s 59).\n\n","sortOrder":52},{"sectionNumber":"21B","sectionType":"section","heading":"Defence if special driver with lower concentration of","content":"21B Defence if special driver with lower concentration of\nalcohol from allowable source—s 21\n(a) a person is a special driver charged with an offence against\nsection 21; and\n(b) the concentration of alcohol in the person’s blood or breath\nwithin the relevant period was less than 0.02g in 100mL of the\nperson’s blood or 210L of the person’s breath.\n(2) It is a defence to a prosecution for the offence if the defendant proves\nthat the concentration of alcohol in the defendant’s blood or breath\nwas caused by—\n(a) the consumption of an alcoholic beverage that formed part of a\nreligious observance; or\n(b) the consumption or use of a substance that was not, entirely or\npartly, consumed or used for its alcohol content.\nExample—substance\nfood or medicine that contains alcohol\nNote A defendant has a legal burden in relation to the matters mentioned in\ns (2) (see Criminal Code, s 59).\n","sortOrder":53},{"sectionNumber":"21C","sectionType":"section","heading":"Alternative verdicts—prescribed concentration of alcohol","content":"21C Alternative verdicts—prescribed concentration of alcohol\nand prescribed drug in bodily fluid\n(1) This section applies if, in a prosecution for an offence against\nsection 21, the trier of fact—\n(a) is satisfied beyond reasonable doubt that the defendant\ncommitted an offence against—\n(i) section 19; or\n(ii) section 20; but\n\n(b) is not satisfied that the defendant committed an offence against\nsection 21.\n(2) The trier of fact may find the defendant guilty of an offence against\nsection 19 or section 20 but not guilty of an offence against\nsection 21, but only if the defendant has been given procedural\nfairness in relation to that finding of guilt.\n","sortOrder":54},{"sectionNumber":"22","sectionType":"section","heading":"Refusing to provide breath sample","content":"22 Refusing to provide breath sample\n(1) A person who—\nor\n(b) has, in accordance with the provisions specified in this Act, been\nrequired to provide a sample of breath for breath analysis;\ncommits an offence if—\n(c) the person refuses to provide a sample of breath for analysis; or\n(d) the person fails or refuses to provide a sample of breath in\naccordance with the reasonable directions of the police officer\nwho made the requirement.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) (d) if the defendant proves that the failure or refusal\nwas based on medical grounds or on another reasonable excuse.\n\n","sortOrder":55},{"sectionNumber":"22A","sectionType":"section","heading":"Refusing to provide oral fluid sample","content":"22A Refusing to provide oral fluid sample\n(1) This section applies to a person who—\nor\n(b) has, in accordance with this Act, been required to provide a\nsample of oral fluid for analysis.\n(2) The person commits an offence if—\n(a) the person refuses to provide a sample of oral fluid for analysis;\nor\n(b) the person fails to provide a sample of oral fluid in accordance\nwith reasonable directions of a police officer.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) (b) if the defendant proves that the failure was based\non medical grounds or on another reasonable excuse.\ns (4) (see Criminal Code, s 59).\n\n","sortOrder":56},{"sectionNumber":"22B","sectionType":"section","heading":"Failing to stay for screening test","content":"22B Failing to stay for screening test\n(a) a police officer requires the person to undergo—\n(i) an alcohol screening test under—\n(A) section 8 (Power to require alcohol screening test if\n(B) section 9 (Power to require alcohol screening test if\n(C) section 9A (Power to require alcohol screening test if\n(D) section 10 (Power to require alcohol screening test for\nculpable driving––driver and driver trainer); or\n(ii) a drug screening test under—\n(A) section 13A (Power to require drug screening test if\n(B) section 13B (Power to require drug screening test if\n(C) section 13BA (Power to require drug screening test if\n(D) section 13C (Power to require drug screening test for\nculpable driving––driver and driver trainer); and\n\n(b) the person fails to remain at the place where the screening test is\nto be, or is being, carried out until the test is completed in\naccordance with the police officer’s directions.\nMaximum penalty: 100 penalty units.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":57},{"sectionNumber":"22C","sectionType":"section","heading":"Refusing to undergo screening test","content":"22C Refusing to undergo screening test\n(a) a police officer requires the person to undergo—\n(i) an alcohol screening test under—\n(A) section 8 (Power to require alcohol screening test if\n(B) section 9 (Power to require alcohol screening test if\n(C) section 9A (Power to require alcohol screening test if\n(D) section 10 (Power to require alcohol screening test for\nculpable driving––driver and driver trainer); or\n(ii) a drug screening test under—\n(A) section 13A (Power to require drug screening test if\n(B) section 13B (Power to require drug screening test if\n(C) section 13BA (Power to require drug screening test if\n\n(D) section 13C (Power to require drug screening test for\nculpable driving—driver and driver trainer); and\n(b) the person fails to undergo the screening test in accordance with\nthe reasonable directions of a police officer.\n(2) An offence against this section is a strict liability offence.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the failure was based on medical grounds\nor on another reasonable excuse.\ns (3) (see Criminal Code, s 59).\n","sortOrder":58},{"sectionNumber":"23","sectionType":"section","heading":"Refusing blood test etc","content":"23 Refusing blood test etc\n(a) the person is—\n(i) required by a police officer to permit a sample of blood to\nbe taken under section 15; or\n(ii) a person, other than a pedestrian, from whom a doctor or\nnurse is required to take a sample of blood under\nsection 15AA; and\n\n(b) the person fails or refuses to permit the sample to be taken.\nExample—par (b)\nthe person waving their arm about so the nurse cannot place a tourniquet on it\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that the failure or refusal was based on\nreligious or other conscientious grounds, on medical grounds or on\nanother reasonable excuse.\ns (2) (see Criminal Code, s 59).\n(3) A person who is required under section 16 to undergo a medical\nexamination commits an offence if—\n(a) the person fails or refuses to submit to the medical examination;\nor\n(b) the person fails or refuses, when required by the doctor or nurse\npractitioner conducting the examination, to give or permit the\ntaking of a sample from the person’s body for analysis.\n\n(4) It is a defence to a prosecution for an offence against subsection (3)\nif the person charged establishes that the failure, refusal or behaviour\n(as the case requires) was based on religious or other conscientious\ngrounds, on medical grounds or on another reasonable excuse.\n","sortOrder":59},{"sectionNumber":"24","sectionType":"section","heading":"Driving under the influence of intoxicating liquor or a","content":"24 Driving under the influence of intoxicating liquor or a\ndrug\n(1) A person who drives a motor vehicle on a road or road related area\nwhile under the influence of intoxicating liquor or of a drug to such\nan extent as to be incapable of having proper control of the motor\nvehicle commits an offence.\n(2) A charge for an offence against subsection (1) is not open to objection\non the ground only that it alleges that the person charged was under\nthe influence of intoxicating liquor or of a drug and on the hearing of\nsuch a charge—\n(a) evidence that the person was under the influence of intoxicating\nliquor or of a drug or of intoxicating liquor and a drug is\nadmissible; and\n(b) if the evidence establishes that the person was under the\ninfluence either of intoxicating liquor, of a drug or both\nintoxicating liquor and a drug, the person may be convicted of\nthe offence.\n\n(3) If—\n(a) a person is charged with an offence against subsection (1); and\n(b) the charge is made only for the reason that the person was in,\nand in charge of, the motor vehicle on a road or road related area;\nit is a defence if the person charged establishes that—\n(c) the person had not started, or attempted to start, the engine of\nthe motor vehicle and had not put, or attempted to put, the motor\nvehicle in motion; and\n(d) the person did not intend to drive the motor vehicle while under\nthe influence of intoxicating liquor, of the drug or both.\n","sortOrder":60},{"sectionNumber":"24A","sectionType":"section","heading":"Use vehicle or animal on road or road related area under","content":"24A Use vehicle or animal on road or road related area under\ninfluence of alcohol or drug\n(i) drives a vehicle on a road; or\n(ii) rides an animal on a road; or\n(iii) is in charge of an animal, including an animal being used\nfor an animal-drawn vehicle, on a road; and\n(b) the person is under the influence of alcohol or a drug to such an\nextent that the person is incapable of having proper control of\nthe vehicle or animal.\n(a) for a first offender—30 penalty units, imprisonment for\n6 months or both; or\n(b) for a repeat offender—30 penalty units, imprisonment for\n12 months or both.\n\n(2) A person commits an offence if—\n(i) drives a vehicle on a road related area; or\n(ii) rides an animal on a road related area; or\n(iii) is in charge of an animal, including an animal being used\nfor an animal-drawn vehicle, on a road related area; and\n(b) the person is under the influence of alcohol or a drug to such an\nextent that the person is incapable of having proper control of\nthe vehicle or animal.\n(4) If a charge for an offence against this section states that the person\nwas under the influence of ‘alcohol or a drug’, in a proceeding for the\noffence—\n(a) evidence that the person was under the influence of alcohol, or\na drug, or both, is admissible; and\n(b) if the evidence establishes that the person was under the\ninfluence of alcohol, or a drug, or both, the person may be\nconvicted of the offence.\nanimal means a horse, cattle or sheep.\ndrive, a vehicle—\n(a) includes—\n(i) be in control of the steering, movement or propulsion of\nthe vehicle; and\n(ii) if the vehicle can be ridden—ride the vehicle; but\n\n(b) does not include pushing, carrying or otherwise controlling the\nvehicle while dismounted.\nfirst offender, in relation to an offence against subsection (1), means\na person who—\n(a) is convicted or found guilty of an offence against subsection (1);\nand\n(b) is not a repeat offender in relation to the offence.\nrepeat offender, in relation to an offence against subsection (1),\nmeans a person who—\n(a) is convicted or found guilty of an offence against subsection (1)\n(the current offence); and\n(b) has been convicted or found guilty of another offence against\nsubsection (1) committed within 5 years before the current\noffence regardless of whether the person—\n(i) has been convicted or found guilty of the earlier offence\nbefore the person committed the current offence; or\n(ii) is convicted or found guilty concurrently with the current\noffence.\nvehicle means—\n(a) a bicycle; or\n(b) a personal mobility device; or\n(c) an animal-drawn vehicle.\n\n","sortOrder":61},{"sectionNumber":"25","sectionType":"section","heading":"Consuming alcohol—driver or driver trainer","content":"25 Consuming alcohol—driver or driver trainer\n(a) drives or rides a vehicle on a road or road related area; and\n(b) consumes alcohol while driving or riding the vehicle.\n(2) A person commits an offence if the person—\n(a) is a driver trainer in a motor vehicle on a road or road related\narea; and\n(b) consumes alcohol while in the motor vehicle.\n(4) In a prosecution for an offence against this section, a substance is\npresumed to be alcohol if—\n(a) the substance is in a container; and\n(b) a label or other mark on the container describes the contents as\nalcohol or containing alcohol.\nExamples—par (b)\n• ‘2.6% Alc/Vol’ printed on a can\n• ‘14% Alc/Vol’ printed on the label of a bottle\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\nvehicle means—\n(a) a motor vehicle; or\n(b) a bicycle; or\n(c) a personal mobility device.\n\n","sortOrder":62},{"sectionNumber":"Part 4","sectionType":"part","heading":"Automatic driver licence","content":"Part 4 Automatic driver licence\nNote The effect of disqualification is set out in the Road Transport (General)\nAct 1999, s 66.\n26 Automatic disqualification taken to be court order\nFor the Magistrates Court Act 1930, section 208 (1) (g) an automatic\ndisqualification from holding or obtaining a driver licence under this\npart is taken to be an order of the court to disqualify a person from\nholding or obtaining a driver licence.\n","sortOrder":63},{"sectionNumber":"27","sectionType":"section","heading":"Automatic driver licence disqualification—first offenders,","content":"27 Automatic driver licence disqualification—first offenders,\ns 19\nsection 19 (1) and is a first offender in relation to the offence.\n(a) the period mentioned in table 27, column 4 for the concentration\nTable 27\nitem\n1 level 1 3 months 6 months\n2 level 2 3 months 6 months\n3 level 3 6 months 12 months\n4 level 4 9 months 18 months\n\n","sortOrder":64},{"sectionNumber":"28","sectionType":"section","heading":"Automatic driver licence disqualification—repeat","content":"28 Automatic driver licence disqualification—repeat\noffenders, s 19\nsection 19 (1) and is a repeat offender in relation to the offence.\n(a) the period mentioned in table 28, column 4 for the concentration\nTable 28\nitem\n1 level 1 6 months 12 months\n2 level 2 6 months 12 months\n3 level 3 12 months 2 years\n4 level 4 18 months 3 years\n","sortOrder":65},{"sectionNumber":"29","sectionType":"section","heading":"Automatic driver licence disqualification—first offenders,","content":"29 Automatic driver licence disqualification—first offenders,\ns 20\nsection 20 (1) and is a first offender in relation to the offence.\n(a) 6 months; or\nthat is not less than 3 months—the shorter period.\n\n","sortOrder":66},{"sectionNumber":"30","sectionType":"section","heading":"Automatic driver licence disqualification—repeat","content":"30 Automatic driver licence disqualification—repeat\noffenders, s 20\nsection 20 (1) and is a repeat offender in relation to the offence.\n(a) 12 months; or\nthat is not less than 6 months—the shorter period.\n","sortOrder":67},{"sectionNumber":"31","sectionType":"section","heading":"Automatic driver licence disqualification—first offenders,","content":"31 Automatic driver licence disqualification—first offenders,\ns 21\nsection 21 (1) and is a first offender in relation to the offence.\n(a) the period mentioned in table 31, column 4 for the concentration\nTable 31\nitem\n1 level 1 6 months 12 months\n2 level 2 6 months 12 months\n3 level 3 9 months 18 months\n4 level 4 12 months 2 years\n\n","sortOrder":68},{"sectionNumber":"32","sectionType":"section","heading":"Automatic driver licence disqualification—repeat","content":"32 Automatic driver licence disqualification—repeat\noffenders, s 21\nsection 21 (1) and is a repeat offender in relation to the offence.\n(a) the period mentioned in table 32, column 4 for the concentration\nTable 32\nitem\n1 level 1 12 months 2 years\n2 level 2 12 months 2 years\n3 level 3 18 months 3 years\n4 level 4 2 years 4 years\n","sortOrder":69},{"sectionNumber":"33","sectionType":"section","heading":"Automatic driver licence disqualification—first offenders,","content":"33 Automatic driver licence disqualification—first offenders,\ns 24\nsection 24 (1) and is a first offender in relation to the offence.\n(a) 2 years; or\nthat is not less than 12 months—the shorter period.\n\n","sortOrder":70},{"sectionNumber":"34","sectionType":"section","heading":"Automatic driver licence disqualification—repeat","content":"34 Automatic driver licence disqualification—repeat\noffenders, s 24\nsection 24 (1) and is a repeat offender in relation to the offence.\n(a) 4 years; or\nthat is not less than 2 years—the shorter period.\n","sortOrder":71},{"sectionNumber":"34A","sectionType":"section","heading":"Automatic driver licence disqualification—other","content":"34A Automatic driver licence disqualification—other\ndisqualifying offences\nsection 22, section 22A, section 22C or section 23.\n(2) If the person is a first offender in relation to the offence mentioned in\nsubsection (1), the person is automatically disqualified from holding\nor obtaining a driver licence for—\n(a) 2 years; or\n(b) if the court orders a shorter period of disqualification that is not\nless than 6 months—the shorter period.\n(3) If the person is a repeat offender in relation to the offence mentioned\nin subsection (1), the person is automatically disqualified from\nholding or obtaining a driver licence for—\n(a) 4 years; or\n(b) if the court orders a shorter period of disqualification that is not\nless than 12 months—the shorter period.\n\n","sortOrder":72},{"sectionNumber":"35","sectionType":"section","heading":"Automatic driver licence disqualification—immediate","content":"35 Automatic driver licence disqualification—immediate\nsuspension period\n(1) This section applies to a person if the person—\n(a) is given an immediate suspension notice; and\n(b) is convicted or found guilty of the immediate suspension offence\nto which the notice relates; and\n(c) is disqualified under this part from holding or obtaining a driver\nlicence.\n(2) The period for which the person is disqualified under this part from\nholding or obtaining a driver licence is reduced by the period that—\n(a) if the person is the holder of a driver licence—the person’s\ndriver licence was suspended under the Road Transport\n(General) Act 1999, section 61B; or\n(b) if the person is the holder of an interstate driver licence or an\nexternal driver licence—the person’s right to drive in the ACT\nwas suspended under the Road Transport (General) Act 1999,\nsection 61B.\n(3) However, subsection (2) does not apply if, on hearing the charge for\nthe immediate suspension offence, a court is satisfied that the person\ndid not comply with the immediate suspension notice.\nimmediate suspension notice—see the Road Transport (General)\nimmediate suspension offence—see the Road Transport (General)\n\n","sortOrder":73},{"sectionNumber":"41","sectionType":"section","heading":"Evidentiary certificate—alcohol-related tests","content":"41 Evidentiary certificate—alcohol-related tests\n(1) In any proceedings in a court—\n(a) a certificate purporting to be signed by a police officer and\nstating—\n(i) that the police officer was on a specified date an authorised\noperator; and\n(ii) that, at a place and at a time and on a date specified in the\ncertificate a person named in the certificate was required\nby a specified officer to provide a sample of the person’s\nbreath for breath analysis by a breath analysis instrument;\nand\n(iii) the instrument used in the analysis, by reference to its\nmodel number, patent number and serial number; and\n(iv) that the breath analysis instrument was in proper working\norder; and\n(v) the procedures followed and precautions taken\nimmediately before the breath analysis, during the breath\nanalysis and immediately after the completion of the breath\n(vi) that the person named in the certificate provided a sample\nof the person’s breath for analysis in accordance with the\ndirections of the police officer who made the requirement;\nand\n(vii) the steps that were taken to ensure that it was not readily\napparent to members of the public that the breath analysis\nwas being carried out; and\n\nEvidence—alcohol-related tests Division 7.1\n(viii) that, in following such of those procedures in relation to\nwhich a regulation makes provision that specified results\nare to be obtained, the results specified in the certificate\nwere obtained; and\n(ix) that the figure recorded or shown by the breath analysis\ninstrument as the result of the analysis was a specified\nfigure or was not less than a specified figure and not more\nthan another specified figure, as the case requires; and\n(x) that, as soon as practicable after the breath analysis was\ncarried out, the police officer signed and gave to the person\nreferred to in paragraph (a) (ii) a statement as required by\nsection 12 (5);\nis evidence of the matters stated in the certificate; and\n(b) a certificate purporting to be signed by a police officer and\nstating—\n(i) that the police officer was on a specified date an authorised\noperator; and\n(ii) that, at a place and time and on a date specified in the\ncertificate, a person named in the certificate was required\nby a specified police officer to provide a sample of the\nperson’s breath for breath analysis by a breath analysis\ninstrument; and\n(iii) the instrument available for the purpose of the analysis, by\nreference to its model number, patent number and serial\nnumber; and\n(iv) that the breath analysis instrument was in proper working\norder; and\n(v) the procedures followed immediately before the person\nwas required to provide a sample of the person’s breath for\nthe breath analysis and the results obtained in following\nthose procedures; and\n\n(vi) that the person referred to refused or failed to provide a\nsample of the person’s breath for analysis;\nis evidence of the matters stated in the certificate; and\n(c) a written statement mentioned in section 12 (5) that is a print-out\nfrom a breath analysis instrument is evidence of the matters\nstated in the statement; and\n(d) a certificate that appears to be signed by a person who is a doctor\nor nurse and states the following is evidence of the matter:\n(i) that the person is a doctor or nurse;\n(ii) that the person took a sample of blood or other body sample\nfrom a person mentioned in the certificate (the relevant\nperson) on a stated day, at a stated time, in a stated place;\n(iii) that the person placed the sample of blood or other body\nsample into a container;\n(iv) that the person attached a label to the container that\ncontained the following information:\n(A) the person’s name;\n(B) the relevant person’s name;\n(C) the date and time the sample was taken;\n(v) that the person sealed the container with a tamper-evident\nseal that had a stated unique identifying number marked on\nit;\n(vi) that the person placed the sealed container into a one-way\nbox;\n(vii) if the sample was taken under section 15 or\nsection 15AA—that, when the sample was taken, the\nrelevant person was unconscious or the person was of the\nopinion that the relevant person was incapable of giving or\nrefusing permission to take a sample of blood; and\n\nEvidence—alcohol-related tests Division 7.1\n(e) a certificate purporting to be signed by a doctor or nurse\npractitioner stating all of the following is evidence of the matters\nstated in the certificate:\n(i) that they are a doctor or nurse practitioner;\n(ii) that at a stated hospital, on a stated date and at a stated time,\nthe doctor or nurse practitioner was attending the person\nnamed in the certificate;\n(iii) that the doctor or nurse practitioner was told by a police\nofficer that the police officer intended to require a person\nto—\n(A) undergo an alcohol screening test under division 2.2\n(Alcohol—screening tests); or\n(B) provide a sample of the person’s breath for analysis\nunder section 12 (Breath analysis);\n(iv) when told, the doctor or nurse practitioner was of the\nopinion that—\n(A) complying with the requirement would be prejudicial\nto the proper care and treatment of the person or\ndangerous to the person’s health; or\n(B) complying with the requirement would not be\nprejudicial to the proper care and treatment of the\nperson or dangerous to the person’s health; and\n(f) a certificate that appears to be a certificate mentioned in the\nRoad Transport Act 2013 (NSW), schedule 3, clause 36 is\nevidence of the matters stated in the certificate; and\n(g) a certificate that appears to be signed by a person who is an\nanalyst and states the following is evidence of the matter:\n(i) that the person is an analyst;\n\n(ii) that a blood sample or other body sample (the analysed\nsample) was analysed at an approved laboratory;\n(iii) that the analysed sample was in a container—\n(A) labelled in accordance with section 15 (7) (Taking\nblood samples from people in custody),\nsection 15AA (4) (Taking blood samples from people\nin hospital) or section 16 (7) (Medical examination—\noffence against s 24 or culpable driving); and\n(B) sealed with a tamper-evident seal marked with a\nstated unique identifying number;\n(iv) that the tamper-evident seal did not appear to have been\n(v) the analysis to which the analysed sample was subjected;\n(vi) the result of the analysis;\n(vii) that the analysis was accurate; and\n(h) a certificate expressed to be given for this paragraph, purporting\nto be signed by a person specified or described in a regulation\nand containing statements in relation to matters permitted by a\nregulation to be stated in such a certificate is evidence of matters\nstated in the certificate.\n(2) A certificate expressed to be given for a paragraph of this section is\nnot inadmissible only because of the fact that the certificate relates to\n1, or some only, of the matters mentioned in that paragraph.\n\n41AA Evidentiary certificates—drug-related tests\n(1) A certificate that appears to be signed by a police officer and states a\nmatter relevant to any of the following is evidence of the matter:\n(a) that the police officer was on a stated date an authorised\noperator;\n(b) that, at a place and at a time and on a date stated in the certificate,\na person named in the certificate was required by a stated police\nofficer to provide a sample of the person’s oral fluid for analysis\nby an oral fluid analysis instrument;\n(c) the instrument used in the analysis, by reference to its model\nnumber, patent number and serial number;\n(d) that the oral fluid analysis instrument was in proper working\norder;\n(e) the procedures followed and precautions taken immediately\nbefore the oral fluid analysis, during the oral fluid analysis and\nimmediately after the completion of the oral fluid analysis;\n(f) that the person named in the certificate provided a sample of the\nperson’s oral fluid for analysis in accordance with the directions\nof the police officer who made the requirement;\n(g) the steps that were taken to ensure that it was not readily\napparent to members of the public that the oral fluid analysis\nwas being carried out;\n(h) that, in following the procedures for which a regulation makes\nprovision that stated results are to be obtained, the results stated\nin the certificate were obtained;\n\n(i) that, as soon as practicable after the oral fluid analysis was\ncarried out, the police officer signed and gave to the person\nmentioned in paragraph (b) the statement required by\nsection 13E (6).\n(2) A certificate that appears to be signed by a police officer and states a\nmatter relevant to any of the following is evidence of the matter:\n(a) that the police officer was on a stated date an authorised\noperator;\n(b) that, at a place and at a time and on a date stated in the certificate,\na person named in the certificate was required by a stated police\nofficer to provide a sample of the person’s oral fluid for analysis\nby an oral fluid analysis instrument;\n(c) the instrument available to be used in the analysis, by reference\nto its model number, patent number and serial number;\n(d) that the oral fluid analysis instrument was in proper working\norder;\n(e) the procedures followed immediately before the person was\nrequired to provide a sample of the person’s oral fluid for\nanalysis and the results obtained in following those procedures;\n(f) that the person—\n(i) was unable to provide a sufficient sample of the person’s\noral fluid for analysis; or\n(ii) failed to provide a sample of the person’s oral fluid for\nanalysis.\n(3) A written statement mentioned in section 13E (6) that is a print-out\nfrom an oral fluid analysis instrument is evidence of the matters stated\nin the print-out.\n\n(4) A certificate that appears to be signed by a person who is a doctor or\nnurse practitioner and states any of the following is evidence of the\n(a) that the person is a doctor or nurse practitioner;\n(b) that, at a stated hospital, on a stated date and at a stated time, the\nperson was attending the person named in the certificate\n(the relevant person);\n(c) that the person was told by a police officer of the officer’s\nintention to require the relevant person to—\n(i) undergo a drug screening test under division 2.4\n(Prescribed drugs—screening tests); or\n(ii) provide a sample of the person’s oral fluid for analysis\nunder section 13E (Oral fluid—preliminary analysis);\n(d) whether the person was of the opinion, at the time the person\nwas told, that complying with the requirement would, or would\nnot, be prejudicial to the proper care and treatment of the\nrelevant person or dangerous to the relevant person’s health.\n(5) A certificate that appears to be signed by a person who is a doctor or\nnurse (a sample taker) and states a matter relevant to any of the\nfollowing is evidence of the matter:\n(a) that the person is a doctor or nurse;\n(b) that the sample taker attended a person mentioned in the\ncertificate (the relevant person) on a stated day, at a stated time,\nin a stated hospital or sampling facility;\n(c) if the relevant person is a person mentioned in section 15 (1)\n(Taking blood samples from people in custody)—that a police\nofficer has asked the sample taker to take a sample of the\nperson’s blood;\n(d) that the sample taker took a sample of blood from the relevant\nperson;\n\n(e) that the sample taker placed the blood sample into a container;\n(f) that the sample taker attached a label to the container that\ncontained the following information:\n(ii) the relevant person’s name;\n(iii) the date and time the blood sample was taken;\n(g) that the sample taker sealed the container with a tamper-evident\nseal that had a stated unique identifying number marked on it;\n(h) that the sample taker placed the sealed container into a one-way\nbox;\n(i) if the sample was taken under section 15—that, when the sample\nwas taken, the relevant person was unconscious or the sample\ntaker was of the opinion that the relevant person was incapable\nof giving or refusing permission to take a sample of blood.\n41AB Evidentiary certificate—analysis of oral fluid sample\nA certificate that appears to be signed by a person who is an analyst\nand states a matter relevant to any of the following is evidence of the\n(a) that the person is an analyst;\n(b) that the person arranged for a sample of oral fluid (the analysed\nsample) to be analysed at an approved laboratory;\n(c) that the analysed sample was—\n(i) labelled in accordance section 13E (5) (b) (Oral fluid—\npreliminary analysis); and\n(ii) sealed with a tamper-evident seal marked with a stated\nunique identifying number;\n\n(d) that the tamper-evident seal did not appear to have been\n(e) the analysis to which the analysed sample was subjected;\n(f) the result of the analysis;\n(g) that the analysis was accurate.\n41AC Evidentiary certificate—blood sample not taken\nA certificate that appears to be signed by a person who is a doctor or\nnurse (a sample taker) and states a matter relevant to any of the\nfollowing is evidence of the matter:\n(a) that the person is a doctor or nurse;\n(b) that the sample taker attended a person mentioned in the\ncertificate (the relevant person) on a stated day, at a stated time,\nin a stated hospital or sampling facility;\n(c) if the relevant person is a person mentioned in section 15\n(Taking blood samples from people in custody)—that a police\nofficer had asked the sample taker to take a sample of the\nperson’s blood;\n(d) if the relevant person is a person mentioned in section 15AA\n(Taking blood samples from people in hospital)—that the\nsample taker believed that the relevant person—\n(i) was involved in an accident and had attended the hospital\nfor examination or treatment because of the accident; and\n(ii) the accident had happened not longer than 6 hours before\nthe relevant person arrived at the hospital;\n\n(e) whether the sample taker was of the opinion that—\n(i) taking the sample would, or would not, be prejudicial to the\nproper care and treatment of the relevant person or\ndangerous to the relevant person’s health; or\n(ii) a sample of blood had, or had not, been taken from the\nrelevant person since the accident mentioned in section 15\nor section 15AA.\n41AD Evidentiary certificate—analysis of sample for prescribed\ndrug etc\nA certificate that appears to be signed by a person who is an analyst\nand states a matter relevant to any of the following is evidence of the\n(a) that the person is an analyst;\n(b) that the analyst arranged for a blood sample or body sample\n(the analysed sample) to be analysed at an approved laboratory\nto work out whether a prescribed drug, or a drug other than a\nprescribed drug, or alcohol was present in the sample, in\naccordance with a request made by a police officer;\n(c) that the analysed sample was in a container—\n(i) labelled in accordance with section 15 (7) (Taking blood\nsamples from people in custody), section 15AA (4)\n(Taking blood samples from people in hospital) or\nsection 16 (7) (Medical examination—offence against s 24\nor culpable driving); and\n(ii) sealed with a tamper-evident seal marked with a stated\nunique identifying number;\n(d) that the tamper-evident seal did not appear to have been\n(e) the analysis to which the analysed sample was subjected;\n\n(f) the result of the analysis;\n(g) that the analysis was accurate.\n41AE NSW evidentiary certificates—drug-related tests\nA certificate that appears to be a certificate mentioned in the Road\nTransport Act 2013 (NSW), schedule 3, clause 36 is evidence of the\nmatters stated in the certificate.\n","sortOrder":74},{"sectionNumber":"41A","sectionType":"section","heading":"Evidence for insurance purposes","content":"41A Evidence for insurance purposes\n(1) For a proceeding in relation to an insurance contract, evidence of any\nof the following is not admissible as evidence that a person was at\nany time under the influence of or in any way affected by alcohol or\na prescribed drug, or a drug other than alcohol or a prescribed drug,\nor was incapable of driving or of exercising effective control over a\nmotor vehicle:\n(a) evidence that the person has undergone an alcohol or drug\nscreening test;\n(b) evidence of the result of an alcohol or drug screening test under\npart 2 (Examination of people for alcohol or drugs);\n(c) evidence that the person has provided a sample for a breath\nanalysis under section 12 (Breath analysis);\n(d) evidence of the result of a breath analysis;\n(e) evidence that the person has provided a sample of oral fluid for\nanalysis under section 13E (Oral fluid—preliminary analysis);\n(f) evidence of the result of an oral fluid analysis;\n\n(g) evidence that a sample of blood or other body sample was taken\nfrom the person under section 15 (5) (Taking blood samples\nfrom people in custody), section 15AA (2) (Taking blood\nsamples from people in hospital) or section 16 (2) (Medical\nexamination—offence against s 24 or culpable driving);\n(h) evidence that a doctor or nurse dealt with a container holding a\nblood sample in accordance with section 15 (7) or\nsection 15AA (4);\n(i) evidence that a statement was given to the person under\nsection 13H (Oral fluid analysis statement), section 15B (Blood\nanalysis statement) or section 16B (Body sample statement);\n(j) evidence of the contents of a statement given under section 13H,\nsection 15B, or section 16B;\n(k) evidence that the person was found guilty of a relevant offence;\n(l) evidence that, as a result of the person’s being found guilty or\nbeing convicted of a relevant offence, an order was made in\nrelation to the person;\n(m) evidence that a non-conviction order was made under the\nCrimes (Sentencing) Act 2005, section 17 (2) (a)\n(Non-conviction orders—general);\n(n) evidence that an offence was taken into account by a court under\nthe Crimes (Sentencing) Act 2005, part 4.4 (Taking additional\noffences into account).\n(2) For a proceeding in relation to an insurance contract, a statement\ngiven to a person under section 13H, section 15B or section 16B is\nnot admissible as evidence of the fact that the person was at any time\nunder the influence of or in any way affected by alcohol or a\nprescribed drug, or a drug other than alcohol or a prescribed drug, or\nwas incapable of driving or of exercising effective control over a\nmotor vehicle.\n\n(3) A covenant, term, condition or provision of an insurance contract is\nvoid—\n(a) to the extent that the operation of this section is excluded,\nlimited, modified or restricted; or\n(b) to the extent that it purports to exclude, limit, modify or restrict\nthe insurer’s liability if an owner, registered operator or driver\nof a motor vehicle is convicted or found guilty of an offence\nagainst this Act.\n(4) However, nothing in subsection (3) precludes the inclusion in an\ninsurance contract of any other covenant, term, condition or provision\nunder which the insurer’s liability is excluded or limited.\nrelevant offence means any of the following:\n(a) an offence against section 19 (Prescribed concentration of\nalcohol in blood or breath);\n(b) an offence against section 20 (Prescribed drug in oral fluid or\nblood––driver or driver trainer);\n(c) an offence against section 21 (Prescribed concentration of\nalcohol and prescribed drug in bodily fluid);\n(d) an offence against section 22A (Refusing to provide oral fluid\nsample);\n(e) an offence against section 23 (Refusing blood test etc);\n(f) an offence against another provision of this Act prescribed by\nregulation;\n(g) an offence of culpable driving.\n\n","sortOrder":75},{"sectionNumber":"42","sectionType":"section","heading":"Effect of noncompliance—analysis of breath or blood","content":"42 Effect of noncompliance—analysis of breath or blood\nagainst this Act arising out of the carrying out of a breath analysis or\nthe taking and analysis of a sample of the blood of a person is not\nsatisfied that there has been compliance with every provision\n(a testing provision) of this Act relating to the carrying out of the\nbreath analysis or the taking and analysis of the sample of blood.\nfailure to comply with a testing provision the result obtained in the\nbreath analysis, or the blood sample analysis, would have been the\nprescribed concentration for the person.\n42AA Effect of noncompliance—analysis of oral fluid\nagainst this Act arising out of the carrying out of an oral fluid analysis\nis not satisfied that there has been compliance with every provision\n(a testing provision) of this Act relating to the carrying out of the\nanalysis.\nfailure to comply with a testing provision the result obtained in the\noral fluid analysis would have indicated the presence of a prescribed\n\n","sortOrder":76},{"sectionNumber":"42A","sectionType":"section","heading":"Effect of noncompliance—analysis of body sample","content":"42A Effect of noncompliance—analysis of body sample\nagainst this Act arising out of the giving or taking, and the analysis,\nof a sample from the body of a person is not satisfied that there has\nbeen compliance with every provision (a testing provision) of this\nAct relating to the giving or taking, and the analysis, of the sample\nfrom the body of a person.\n(2) Unless the court is satisfied that the failure to comply with the testing\nprovision would not have affected the result obtained in the analysis,\nthe court must dismiss the charge.\n","sortOrder":77},{"sectionNumber":"42B","sectionType":"section","heading":"Effect of noncompliance—refusal to give sample of","content":"42B Effect of noncompliance—refusal to give sample of\nbreath\nagainst section 22 is not satisfied that there has been compliance with\nevery provision (a testing provision) of this Act relating to that part\nof the carrying out of a breath analysis that is required to be carried\nout before the sample of breath is supplied.\nfailure to comply with a testing provision the result obtained in a\nbreath analysis, if it had taken place, would have been the prescribed\nconcentration for the person.\n\n","sortOrder":78},{"sectionNumber":"42C","sectionType":"section","heading":"Effect of noncompliance—refusal to give sample of oral","content":"42C Effect of noncompliance—refusal to give sample of oral\nfluid\nagainst section 22A is not satisfied that there has been compliance\nwith every provision (a testing provision) of this Act relating to that\npart of the carrying out of an oral fluid analysis that is required to be\ncarried out before the sample of oral fluid is supplied.\nfailure to comply with a testing provision the result obtained in an\noral fluid analysis, if it had taken place, would have indicated the\npresence of a prescribed drug.\n","sortOrder":79},{"sectionNumber":"43","sectionType":"section","heading":"Oral evidence about part 7 certificate","content":"43 Oral evidence about part 7 certificate\n(1) A person who has been charged with an offence against this Act may\ngive written notice to the chief police officer that the person will\nrequire the attendance, for the purpose of giving evidence orally, at\ncourt on the hearing of the charge of each or any person by whom a\ncertificate mentioned in division 7.1 (Evidence––alcohol-related\ntests) or division 7.2 (Evidence––drug-related tests) is given.\n(2) The notice may be given by posting it to the chief police officer, or\nleaving it for the chief police officer, at the chief police officer’s\noffice—\n(a) for a certificate mentioned in division 7.1 (Evidence—\nalcohol-related tests)—not less than 7 days before the date fixed\nfor the hearing of the charge; or\n(b) for a certificate mentioned in division 7.2 (Evidence—\ndrug-related tests)—not less than 21 days before the date fixed\nfor the hearing of the charge; or\n\n(c) if the court orders a shorter period for service—not less than the\nshorter period.\n(3) Even if a notice has been given under subsection (2) and the people\nmentioned in the notice give evidence relating to the matters stated in\nthe certificates, the certificates—\n(a) are admissible in evidence; and\n(b) are evidence of the matters stated in the certificates and of the\nfacts on which they are based; and\n(c) have the probative value that the court determines consistently\nwith the other evidence before the court.\n\n","sortOrder":80},{"sectionNumber":"45","sectionType":"section","heading":"Requirement for screening test before arrest","content":"45 Requirement for screening test before arrest\n(1) A police officer who has a screening device immediately available\nfor use is not entitled to arrest without a warrant a person whom the\nofficer suspects is guilty of an offence against section 24 (1) unless\nand until the officer has required that person to undergo a screening\ntest and the person has undergone, or refused to undergo, the\nscreening test.\nscreening device means the following:\n(a) for alcohol—an alcohol screening device;\n(b) for a prescribed drug—a drug screening device.\nscreening test means the following:\n(a) for alcohol—an alcohol screening test;\n(b) for a prescribed drug—a drug screening test.\n","sortOrder":81},{"sectionNumber":"47","sectionType":"section","heading":"Right of arrested person to medical examination","content":"47 Right of arrested person to medical examination\n(1) A police officer who arrests a person for an offence against this Act\nmust tell the person that the person may ask for a medical examination\nby a doctor or nurse practitioner.\n(2) If the person asks for a medical examination, the police officer\nmust—\n(a) if the person requests examination by a particular doctor or nurse\npractitioner—give the person reasonable assistance to arrange\nfor medical examination by the doctor or nurse practitioner; and\n\n(b) if the person does not request examination by a particular doctor\nor nurse practitioner, or if it is not reasonably practicable for the\nexamination to be undertaken as requested—arrange for medical\nexamination of the person by a doctor, or nurse practitioner,\nemployed by the chief police officer to provide forensic medical\nservices.\nExample—reasonable assistance\ngive person access to a telephone to call the person’s own doctor\n(3) The arrested person is liable for the costs of any medical examination\nunder this section.\n","sortOrder":82},{"sectionNumber":"47A","sectionType":"section","heading":"Stopping, search and detaining—Crimes Act, s 207 and","content":"47A Stopping, search and detaining—Crimes Act, s 207 and\ns 209\nFor the Crimes Act 1900, section 207 (1) (Stopping, searching and\ndetaining people) or section 209 (1) (Stopping, searching and\ndetaining conveyances), it is not reasonable grounds for suspicion in\nrelation to a person, thing or circumstance if the suspicion is formed\non the basis of the result of a drug screening test under this Act only.\n","sortOrder":83},{"sectionNumber":"47B","sectionType":"section","heading":"Police may direct person not to drive","content":"47B Police may direct person not to drive\n(a) a person has been required under part 2 (Examination of people\nfor alcohol or drugs) to undergo a drug screening test or to give\na sample of oral fluid or blood for analysis; and\n(b) a police officer has reasonable cause to suspect that the person’s\nability to drive a motor vehicle safely is impaired by a prescribed\nExamples—reasonable cause\n• the way the person is driving\n• the way the person is behaving\n• an oral fluid analysis the person was required to undergo indicates that\na prescribed drug is present in the person’s oral fluid\n\n(2) The police officer may direct the person not to drive a motor vehicle.\n(3) The direction must—\n(a) be in writing; and\n(b) state the period, not longer than 12 hours, for which the person\nmust not drive a motor vehicle; and\n(c) be signed by the police officer.\n(4) The person commits an offence if the person fails to comply with the\ndirection.\n(5) An offence against subsection (4) is a strict liability offence.\n(6) On request by the person, the chief police officer may revoke the\ndirection if satisfied on reasonable grounds that the person’s ability\nto drive a motor vehicle safely is no longer impaired by a prescribed\n","sortOrder":84},{"sectionNumber":"47C","sectionType":"section","heading":"Conducting alcohol-related tests and drug-related tests at","content":"47C Conducting alcohol-related tests and drug-related tests at\nsame time\n(1) Nothing in this Act prevents a police officer requiring a person to\nundergo an alcohol-related test and a drug-related test at the same\ntime.\nalcohol-related test means—\n(a) an alcohol screening test under division 2.2 (Alcohol—\nscreening tests); or\n(b) a breath analysis under division 2.3 (Alcohol—confirmatory\ntests); or\n\n(c) an analysis of blood for alcohol under division 2.7 (Analysis of\nblood—alcohol and drugs).\ndrug-related test means—\n(a) a drug screening test under division 2.4 (Prescribed drugs—\nscreening tests); or\n(b) an oral fluid analysis under division 2.5 (Prescribed drugs—\nconfirmatory tests); or\n(c) an analysis of blood for a prescribed drug under division 2.7\n(Analysis of blood—alcohol and drugs).\n","sortOrder":85},{"sectionNumber":"48","sectionType":"section","heading":"When police officer may move person’s motor vehicle","content":"48 When police officer may move person’s motor vehicle\n(1) This section applies to a motor vehicle driven by a person—\n(a) arrested for an offence against this Act; or\n(b) taken into custody under section 11, section 13D, section 15 or\nsection 16.\n(2) A police officer may take charge of, enter and drive the vehicle to a\nretention area.\n(3) As soon as practicable after moving the vehicle to a retention area,\nthe police officer must report the action to the police officer in charge\nof the closest police station and ask that the responsible person for the\nvehicle (or someone else entitled to possession of the vehicle), and\nthe person who was driving the vehicle before being arrested or taken\ninto custody, be told where it has been moved to.\n(4) A vehicle moved to a retention area is taken to be uncollected goods\nunder the Uncollected Goods Act 1996 and—\n(a) the road transport authority is taken to be the possessor of the\nvehicle under that Act; and\n(b) the responsible person for the vehicle is taken to be the owner of\nthe vehicle; and\n\n(c) the road transport authority may dispose of the vehicle in\naccordance with that Act, part 3; and\n(d) reasonable costs of the possessor in complying with that Act are\ntaken to include the cost of moving the vehicle to the retention\narea.\n(5) The possessor is not required to release the vehicle from the retention\narea in accordance with the Uncollected Goods Act 1996—\n(a) to the person who has been arrested or taken into custody, unless\nsatisfied, on reasonable grounds, that the person can drive the\nvehicle without committing an offence against this Act; or\n(b) to a person who appears to be authorised for the purpose by the\nresponsible person or the person arrested or in custody, unless\nsatisfied, on reasonable grounds, that the person appears to\nunderstand the nature of the authority.\n(6) However, the responsible person for the vehicle is not required to pay\ncosts under the Uncollected Goods Act 1996, section 26 (2) (a) or (b)\nif the responsible person satisfies the road transport authority that the\nvehicle was stolen or illegally taken or used at the relevant time.\nNote The Uncollected Goods Act 1996, s 26 (2) (a) and (b) require the owner\nto pay the reasonable costs incurred by the possessor in complying with\nthat Act and the possessor’s reasonable costs in storing and maintaining\nthe goods before they are collected.\n","sortOrder":86},{"sectionNumber":"49","sectionType":"section","heading":"Default term of imprisonment","content":"49 Default term of imprisonment\nIf the court orders a pecuniary penalty to be paid by a person\nconvicted of an offence against this Act, the court must specify in the\norder the period of imprisonment to be served by the person convicted\nin default of payment of the penalty, being a period not exceeding the\nperiod of imprisonment for which the person may be sentenced by the\ncourt for the offence of which the person is convicted.\n\n","sortOrder":87},{"sectionNumber":"50","sectionType":"section","heading":"References to Motor Traffic (Alcohol and Drugs) Act etc","content":"50 References to Motor Traffic (Alcohol and Drugs) Act etc\nIn any Act or document—\n(a) a reference to the Motor Traffic (Alcohol and Drugs) Act 1977\nis, in relation to anything to which this Act applies after the\ncommencement of this section, a reference to this Act; and\n(b) a reference to the Motor Traffic (Alcohol and Drugs)\nRegulations is a reference to the Road Transport (Alcohol and\nDrugs) Regulation 2000.\n","sortOrder":88},{"sectionNumber":"51","sectionType":"section","heading":"Regulation-making power","content":"51 Regulation-making power\nThe Executive may make regulations for this Act.\n\nSchedule 1 Drugs\nSchedule 1 Drugs\n(see dict, def drug)\n1 Amitriptyline and other tricyclic antidepressants\n2 Antihistamines, and all tertiary nitrogenous organic bases that possess\npharmacological properties characteristic of antihistamine substances\n3 Barbituric acid and its derivatives\n4 Carbromal\n5 Chloral hydrate and its derivatives\n6 Chloradiazepoxide and other substances structurally derived from\nbenzodiazepine with ataractic properties\n7 Chlormezanone\n8 Chlorpromazine and other substances structurally derived from\nphenothiazine with ataractic properties\n9 Chlorprotixene and other thioxanthines\n10 Ethchlorvynol\n11 Ethinamate\n12 Glutehimide\n13 Haloperidol and other substances structurally derived from\nbutyrophenone with ataractic properties\n14 Meprobamate\n15 Mianserin and other tetracyclic antidepressants\n16 Paraldehyde\n17 Phenelzine and other monoamine oxidase inhibitors with ataractic\nproperties.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• doctor\n• exercise\n• fail\n• found guilty (of an offence)\n• nurse\n• nurse practitioner.\nNote 3 The Road Transport (General) Act 1999 contains definitions relevant to\nthis Act. For example, the following terms are defined in the Road\nTransport (General) Act 1999, dictionary:\n• another jurisdiction\n• bicycle\n• combination\n• driver\n• jurisdiction\n• light rail vehicle\n• motor vehicle\n• ride\n• road\n• road related area\n• road transport authority (or authority) (see s 16)\n• road transport legislation (see s 6)\n• vehicle.\nNote 4 If a word or expression is defined in an Act (but not a regulation or\nanother publication) included in the road transport legislation, the\ndefinition applies to each use of the word or expression in other road\ntransport legislation unless the contrary intention appears (see Road\nTransport (General) Act 1999, s 8).\n\naccident means an accident on a road or road related area, whether\nwithin or outside the ACT, that involves a motor vehicle.\nalcohol screening device—see section 7.\nalcohol screening test, for a person, means a test of a sample of the\nperson’s breath using an alcohol screening device.\nanalyst means a person appointed by the road transport authority\nunder section 5B.\napproved laboratory means a laboratory or other entity approved by\nthe road transport authority under section 6.\nAustralian driver licence—see the Road Transport (Driver\nLicensing) Act 1999, dictionary.\nauthorised operator means the following:\n(a) for breath analysis—a police officer who has been authorised\nunder section 5 to carry out breath analysis for this Act;\n(b) for oral fluid analysis—a police officer who has been authorised\nunder section 5 to carry out oral fluid analysis for this Act.\nbreath analysis, in relation to a person, means an analysis of a sample\nof the person’s breath carried out for this Act by a breath analysis\ninstrument.\nbreath analysis instrument—see section 7A.\ncorresponding offence means an offence against a law of another\njurisdiction that corresponds to a disqualifying offence, and includes\nany offence against the law of another jurisdiction arising out of the\ndriving of a motor vehicle by a person who is or may be affected by\nalcohol, a drug or both.\ncourt means—\n(a) in relation to proceedings in or a matter before, or in relation to\nproceedings or matters that may be brought in or before, the\nSupreme Court—the Supreme Court; and\n\n(b) in relation to proceedings in or a matter before, or in relation to\nproceedings or matters that may be brought in or before, the\nMagistrates Court—the Magistrates Court.\ndisqualifying offence means an offence against—\n(a) section 19 (Prescribed concentration of alcohol in blood or\nbreath); or\n(b) section 20 (Prescribed drug in oral fluid or blood––driver or\ndriver trainer); or\n(c) section 21 (Prescribed concentration of alcohol and prescribed\ndrug in bodily fluid); or\n(d) section 22 (Refusing to provide breath sample); or\n(e) section 22A (Refusing to provide oral fluid sample); or\n(f) section 22C (Refusing to undergo screening test); or\n(g) section 23 (Refusing blood test etc); or\n(h) section 24 (Driving under the influence of intoxicating liquor or\na drug); or\n(i) another provision of this Act prescribed by regulation.\ndrive a motor vehicle includes—\n(a) start or attempt to start the engine of the vehicle; and\n(b) put or attempt to put the vehicle in motion; and\n(c) be in, and in charge of, the vehicle; and\n(d) be in control of the steering, movement or propulsion of the\nvehicle; and\n(e) if the vehicle can be ridden—ride the vehicle.\ndriver licence—see the Road Transport (Driver Licensing) Act 1999,\ndriver trainer––see section 4BA.\n\ndrug means—\n(a) a substance specified in schedule 1; or\n(b) a controlled drug within the meaning of the Criminal Code,\nchapter 6 (Serious drug offences); or\n(c) any other substance that, on its own or in combination with\nalcohol, may influence the driving of the person who has taken\nthe drug.\ndrug screening device—see section 7B.\ndrug screening test, for a person, means a test of a sample of the\nperson’s oral fluid using a drug screening device.\nexternal driver licence—see the Road Transport (Driver Licensing)\nNote An external driver licence is a foreign driver licence or an external\nterritory driver licence.\nexternal territory driver licence––see the Road Transport (Driver\nLicensing) Act 1999, dictionary.\nfirst offender—see section 4F.\nGCM—see the Road Transport (Vehicle Registration) Act 1999,\nGVM—see the Road Transport (Vehicle Registration) Act 1999,\nlevel, for a concentration of alcohol in blood or breath—see\nsection 4E.\nmedical examination means an examination by a doctor or nurse\npractitioner.\noffence of culpable driving, for a person, means—\n(a) an offence against the Crimes Act 1900, section 29 (Culpable\ndriving of motor vehicle); or\n\n(b) any other offence against the Crimes Act 1900 if a necessary fact\nto constitute the offence is that someone dies or is injured\nbecause of, or as a result of, the way a person drove a motor\nvehicle.\none-way box means a locked box, with a hole capable of receiving\ncontainers of blood samples, from which the containers cannot be\nremoved unless the box is unlocked with a key kept by an approved\nanalyst.\noral fluid analysis, in relation to a person, means an analysis of a\nsample of the person’s oral fluid carried out for this Act using an oral\nfluid analysis instrument.\noral fluid analysis instrument—see section 7C.\npersonal mobility device—see the Road Transport (Road Rules)\nRegulation 2017, section 18A.\nprescribed concentration—\n(a) for a special driver—see section 4C (a); and\n(b) for any other person—see section 4C (b).\nprescribed drug means a drug prescribed by regulation.\nregistered operator—see the Road Transport (Vehicle Registration)\nrepeat offender—see section 4F.\nresponsible person, for a vehicle—see the Road Transport (General)\nAct 1999, section 10.\nrestricted licence—see the Road Transport (Driver Licensing)\nsampling facility means a facility prescribed by regulation to which\na person may be taken for the purpose of having—\n(a) a blood sample taken by a doctor or nurse for analysis under\npart 2 (Examination of people for alcohol or drugs); or\n\n(b) a medical examination under part 2.\nExamples––sampling facility\n1 a police station\n2 a police vehicle equipped for the purpose of taking blood samples\nspecial driver—see section 4B.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Motor Traffic (Alcohol\nand Drugs) Ordinance 1977 A1977-17 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nIt was renamed as the Road Transport (Alcohol and Drugs) Act 1977 by the Road\nTransport Legislation Amendment Act 1999 (see sch 3).\nBefore 11 May 1989, ordinances commenced on notification day unless otherwise\nstated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on notification\nday unless otherwise stated (see Australian Capital Territory (Self-Government)\nAct 1988 (Cwlth), s 25).\nLegislation before becoming Territory enactment\nRoad Transport (Alcohol and Drugs) Act 1977 A1977-17\nnotified 21 June 1977 (Cwlth Gaz 1977 No S111)\ncommenced 1 December 1977 (s 2 and Cwlth Gaz 1977 No S242)\nas amended by\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1977\nOrd1977-52\nnotified 27 September 1977 (Cwlth Gaz 1977 No S206)\ncommenced 27 September 1977\nOrdinances Revision Ordinance 1978 Ord1978-46\nnotified 28 December 1978 (Cwlth Gaz 1978 No S292)\ncommenced 28 December 1978\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1980\nOrd1980-37\nnotified 14 October 1980 (Cwlth Gaz 1980 No S231)\ncommenced 14 October 1980\n\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1981\nOrd1981-16\nnotified 30 June 1981 (Cwlth Gaz 1981 No S128)\ncommenced 30 June 1981\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance (No 2)\n","sortOrder":89},{"sectionNumber":"1981","sectionType":"section","heading":"Ord1981-29","content":"1981 Ord1981-29\nnotified 24 September 1981 (Cwlth Gaz 1981 No S200)\ncommenced 24 September 1981\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1982\nOrd1982-94\nnotified 17 December 1982 (Cwlth Gaz 1982 No S263)\ncommenced 17 December 1982 (s 2)\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1984\nOrd1984-63\nnotified 2 November 1984 (Cwlth Gaz 1984 No S464)\ncommenced 2 November 1984\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1985\nOrd1985-51\nnotified 19 September 1985 (Cwlth Gaz 1985 No S380)\ncommenced 19 September 1985\nMagistrates Court Ordinance 1985 Ord1985-67 sch pt 1\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\nMotor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1987\nOrd1987-9\nnotified 2 April 1987 (Cwlth Gaz 1987 No S59)\ncommenced 2 April 1987\nDrug Laws (Consequential Amendments) Ordinance 1989 Ord1989-14\ns 4\nnotified 15 March 1989 (Cwlth Gaz 1989 No S109)\ncommenced 1 April 1989 (s 2 and Cwlth Gaz 1989 No S109)\n\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 and see Cwlth Gaz 1989\nNo S164)\nLegislation after becoming Territory enactment\nActs Revision (Arrest Without Warrant) Act 1989 A1989-23 s 10\nnotified 1 December 1989 (Gaz 1989 No S38)\ncommenced 1 December 1989\nMotor Traffic (Alcohol and Drugs) (Amendment) Act 1989 A1989-24\nnotified 7 December 1989 (Gaz 1989 No S40)\ncommenced 7 December 1989\nMotor Traffic (Alcohol and Drugs) (Amendment) Act 1990 A1990-64\nnotified 24 December 1990 (Gaz 1990 No S98)\ncommenced 1 January 1991 (s 2)\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 7\nnotified 20 September 1991 (Gaz 1990 No S95)\ns 1, s 2 commenced 20 September 1991 (s 2 (1))\ns 7 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)\nMotor Traffic (Alcohol and Drugs) (Amendment) Act 1992 A1992-63\nnotified 30 October 1992 (Gaz 1992 No S183)\ncommenced 30 October 1992\nMotor Traffic (Alcohol and Drugs) (Amendment) Act 1993 A1993-22\nnotified 5 April 1993 (Gaz 1993 No S47)\ncommenced 5 April 1993\nMotor Traffic (Alcohol and Drugs) (Amendment) Act (No 2) 1993\nA1993-50\nnotified 27 August 1993 (Gaz 1993 No S165)\nss 1-3 commenced 27 August 1993 (s 2 (1))\nremainder commenced 1 September 1993 (s 2 (2) and Gaz 1993\nNo S177)\n\nMotor Traffic (Alcohol and Drugs) (Amendment) Act (No 3) 1993\nA1993-58\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nremainder commenced 27 September 1993 (s 2 (2) and Gaz 1993\nNo S201)\nStatute Law Revision Act 1994 A1994-26 sch\nnotified 31 May 1994 (Gaz 1994 No S93)\ncommenced 31 May 1994 (s 2)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S269)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 and Gaz 1994 No S269)\nMotor Traffic (Consequential Provisions) Act 1996 A1996-7 s 10\nnotified 10 April 1996 (Gaz 1996 No S59)\nss 1-3 commenced 10 April 1996 (s 2 (1))\ns 10 commenced 12 September 1996 (s 2 (2))\nMotor Traffic (Alcohol and Drugs) (Amendment) Act 1996 A1996-48\nnotified 19 September 1996 (Gaz 1996 No S234)\ncommenced 19 September 1996 (s 2)\nMotor Traffic (Alcohol and Drugs) (Amendment) Act 1997 A1997-51\nnotified 19 September 1997 (Gaz 1997 No S264)\nss 1-3 commenced 19 September 1997 (s 2 (1))\nremainder commenced 2 March 1998 (s 2 (2) and Gaz 1997 No S427)\nMotor Traffic (Alcohol and Drugs) (Amendment) Act (No 2) 1997\nA1997-53\nnotified 19 September 1997 (Gaz 1997 No S264)\nss 1-3 commenced 19 September 1997 (s 2 (1))\nremainder commenced 2 March 1998 (s 2 (2) and Gaz 1997 No S428)\nMotor Traffic (Alcohol and Drugs) (Amendment) Act 1999 A1999-11\nnotified 23 March 1999 (Gaz 1999 No S14)\ncommenced 23 March 1999 (s 2)\n\nMotor Traffic (Alcohol and Drugs) (Amendment) Act (No 2) 1999\nA1999-18\nnotified 14 April 1999 (Gaz 1999 No S16)\ncommenced 14 April 1999 (s 2)\nRoad Transport Legislation Amendment Act 1999 A1999-79 sch 3\nnotified 23 December 1999 (Gaz 1999 No S65)\ncommenced 1 March 2000 (s 2 and see Gaz 2000 No S5)\nRoad Transport Legislation Amendment Act 2001 A2001-27 sch 3\nnotified 24 May 2001 (Gaz 2001 No 21)\ns 1, s 2 commenced 24 May 2001 (IA s 10B)\nsch 3 commenced 24 May 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 334\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 334 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) 2001 A2001-56 pt 3.45\nnotified 5 September 2001 (Gaz 2001 No S65)\ns 1, s 2 commenced 5 September 2001 (LA s 75)\npt 3.45 commenced 12 September 2001 (amdt 3.474)\nRoad Transport (Public Passenger Services) Act 2001 A2001-62\npt 1.2\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 1.2 commenced 1 December 2001 (s 2 and CN2001 No 2)\nStatute Law Amendment Act 2002 A2002-30 pt 3.63\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.63 commenced 17 September 2002 (s 2 (1))\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.20\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.20 commenced 17 January 2003 (s 2 (1))\n\nDangerous Substances Act 2004 A2004-7 sch 1 pt 1.7\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.7 commenced 5 April 2004 (s 2 and CN2004-6)\nNurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 11\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\npt 11 commenced 27 May 2004 (s 2 and CN2004-9)\nJustice and Community Safety Legislation Amendment Act 2005\nA2005-5 pt 10\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 10 commenced 6 March 2005 (s 2 (1) and see Criminal Code\n(Serious Drug Offences) Amendment Act 2004 A2004-56, s 2 and LA\ns 79)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.53\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.53 commenced 2 June 2005 (s 2 (1))\nRoad Transport (Alcohol and Drugs) Amendment Act 2006 A2006-12\nnotified LR 5 April 2006\ns 1, s 2 commenced 5 April 2006 (LA s 75 (1))\nremainder commenced 6 April 2006 (s 2)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.30\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\namdt 1.276 commenced 2 June 2007 (s 2 (2))\nsch 1 pt 1.30 remainder commenced 2 June 2006 (s 2 (1) and see\nCrimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nHealth Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.8\nnotified LR 14 June 2006\ns 1, s 2 commenced 14 June 2006 (LA s 75 (1))\nsch 2 pt 2.8 commenced 14 December 2006 (s 2 and LA s 79)\n\nRoad Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1 pt 1.3\n(as am by A2008-39 s 4)\nnotified LR 26 February 2008\ns 1, s 2 commenced 26 February 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 October 2008 (s 2 as am by A2008-39 s 4)\nRoad Transport (Third-Party Insurance) Amendment Act 2008\nA2008-39\nnotified LR 22 August 2008\ns 1, s 2 commenced 22 August 2008 (LA s 75 (1))\nremainder commenced 23 August 2008 (s 2)\nNote This Act only amends the Road Transport (Third-Party\nInsurance) Act 2008 A2008-1.\nRoad Transport (Mass, Dimensions and Loading) Act 2009 A2009-22\nsch 1 pt 1.2\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.2 commenced 3 March 2010 (s 2 and LA s 79)\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.11\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.11 commenced 3 June 2010 (s 2)\nRoad Transport (Alcohol and Drugs) (Random Drug Testing)\nAmendment Act 2010 A2010-27\nnotified LR 13 July 2010\ns 1, s 2 commenced 13 July 2010 (LA s 75 (1))\nremainder commenced 1 December 2010 (s 2 and CN2010-15)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.16\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.16 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\n\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2010 A2010-47 pt 2\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\npt 2 commenced 1 December 2010 (s 2 (2) and see Road Transport\n(Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010\nA2010-27, s 2 and CN2010-15)\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2011 A2011-15 pt 3\nnotified LR 12 May 2011\ns 1, s 2 commenced 12 May 2011 (LA s 75 (1))\npt 3 commenced 13 May 2011 (s 2)\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 1 pt 1.1\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\namdt 1.2 commenced 21 September 2011 (s 2 (2))\nsch 1 pt 1.1 remainder commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.36\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.36 commenced 5 June 2012 (s 2 (1))\nRoad Transport (General) Amendment Act 2013 A2013-16 sch 1 pt 1.1\nnotified LR 22 May 2013\ns 1, s 2 commenced 22 May 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 23 May 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.35\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.35 commenced 14 June 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2013\n(No 3) A2013-20 sch 1 pt 1.3\nnotified LR 13 June 2013\ns 1, s 2 commenced 13 June 2013 (LA s 75 (1))\nsch 1 pt 1.3 commenced 14 June 2013 (s 2 (1))\n\nRoad Transport Legislation Amendment Act 2013 (No 2) A2013-24\npt 2\nnotified LR 17 June 2013\ns 1, s 2 commenced 17 June 2013 (LA s 75 (1))\npt 2 commenced 17 June 2014 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.19\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.19 commenced 25 November 2013 (s 2)\nHeavy Vehicle National Law (Consequential Amendments) Act 2013\nA2013-52 pt 5\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75 (1))\npt 5 commenced 10 February 2014 (s 2 and see Heavy Vehicle\nNational Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)\nRoad Transport (Alcohol and Drugs) Amendment Act 2014 A2014-21\nnotified LR 22 May 2014\ns 1, s 2 commenced 22 May 2014 (LA s 75 (1))\nremainder commenced 23 May 2014 (s 2)\nRoad Transport Legislation Amendment Act 2014 A2014-25 pt 2\nnotified LR 12 June 2014\ns 1, s 2 commenced 12 June 2014 (LA s 75 (1))\npt 2 commenced 13 June 2014 (s 2)\nRoad Transport Legislation Amendment Act 2015 A2015-30 pt 3\nnotified LR 21 August 2015\ns 1, s 2 commenced 21 August 2015 (LA s 75 (1))\npt 3 commenced 22 August 2015 (s 2)\nRoad Transport Legislation Amendment Act 2016 A2016-3 pt 3\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\npt 3 commenced 25 February 2016 (s 2)\n\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 pt 2\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\npt 2 commenced 15 August 2017 (s 2)\nWork Health and Safety Legislation Amendment Act 2018 A2018-8\nsch 1 pt 1.8\nnotified LR 5 March 2018\ns 1, s 2 commenced 5 March 2018 (LA s 75 (1))\nsch 1 pt 1.8 commenced 29 March 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.8\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.8 commenced 22 November 2018 (s 2 (1))\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.7\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.7 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nRoad Transport Legislation Amendment Act 2019 A2019-21 pt 4\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\ns 8, s 25, s 27, s 28 commenced 22 August 2019 (s 2 (4))\npt 4 remainder commenced 19 September 2019 (s 2 (1))\nCrimes Legislation Amendment Act 2019 A2019-23 pt 13\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (2))\npt 13 commenced 15 August 2019 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 pt 26\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (2))\npt 26 commenced 28 August 2020 (s 2 (9))\nRoad Transport Legislation Amendment Act 2022 (No 2) A2022-5 pt 3\nnotified LR 13 April 2022\ns 1, s 2 commenced 13 April 2022 (LA s 75 (1))\npt 3 commenced 11 May 2022 (s 2 (2))\n\nRoad Safety Legislation Amendment Act 2023 A2023-19 pt 2\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\npt 2 commenced 22 June 2023 (s 2 (1))\nRoad Safety Legislation Amendment Act 2024 A2024-20 pt 2\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\ns 5 commenced 1 January 2025 (s 2 (2))\npt 2 remainder commenced 25 May 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.81, sch 4\npt 4.153\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.81, sch 4 pt 4.153 commenced 26 November 2025 (s 2 (3),\n(9))\n\nPreliminary\npt 1 hdg note am A2001-44 amdt 1.3669; A2001-62 amdt 1.4\nom A2005-20 amdt 3.343\nName of Act\ns 1 sub A1999-79 sch 3\nam A2005-20 amdt 3.344; A2008-1 amdt 1.12; A2009-22\namdt 1.2; am A2013-52 s 9, s 10; A2019-12 amdt 3.73, amdt\n3.74\ns 2 hdg (prev s 3 hdg) sub A2005-20 amdt 3.345\ns 2 orig s 2 om A2001-27 amdt 3.2\n(prev s 3) sub A1999-79 sch 3\nrenum as s 2 A2006-12 s 4\nNotes\ns 3 orig s 3 renum as s 2\n(prev s 4) am A1997-51 s 4 (d)\ndefs reloc (in pt) to dict A1999-79 sch 3\nom (in pt) A1999-79 sch 3\nrenum as s 3 A2006-12 s 4\ndef approved analyst om A1999-79 sch 3\ndef approved breath analysing instrument am Ord1980-37\ns 3\ndef approved breath analysis instrument ins A1992-63 s 3\ndef approved operator am Ord1985-51 sch\ndef approved rehabilitation program ins A1997-51 s 4 (c)\ndef approved screening device om A1999-79 sch 3\ndef Commonwealth vehicle ins A1993-58 s 4 (c)\nsub A1996-48 s 4\ndef dangerous goods vehicle ins A1990-64 s 4 (b)\ndef drive a motor vehicle om A1999-79 sch 3\ndef experienced driver ins A1990-64 s 4 (b)\nam A1993-58 s 4 (a)\ndef heavy motor vehicle ins A1990-64 s 4 (b)\nam A1996-7 s 10\n\ndef level ins A1997-51 s 4 (c)\ndef medical practitioner am A1989-24 s 3 (a)\ndef offence involving alcohol or drugs am Ord1981-29 s 2;\nA1992-63 sch\nom A1997-51 s 4 (b)\ndef public place om A1999-79 sch 3\ndef special driver ins A1997-51 s 4 (c)\nOffences against Act—application of Criminal Code etc\ns 4 orig s 4 renum as s 3\nins A2006-12 s 5\nam A2010-27 s 4; A2010-47 s 4; A2014-21 s 4; A2015-30 s 6,\nA2019-21 s 7; A2022-5 s 5; A2024-20 s 4\nImportant concepts\npt 1A hdg ins A2010-47 s 5\nMeaning of public place\ns 4A ins A1999-79 sch 3\nam A2002-49 amdt 3.223; A2010-43 amdts 1.59-1.61\nom A2011-15 s 5\nMeaning of special driver\ns 4B ins A1999-79 sch 3\nam A2001-44 amdts 1.3670-1.3672; A2001-62 amdt 1.5;\nA2004-7 amdt 1.12, amdt 1.13; A2010-18 amdt 3.12;\nA2010-47 s 6, s 7; A2011-15 s 6, s 7; pars renum R25 LA;\nA2013-52 s 11; A2013-24 s 4, s 5; pars renum R36 LA;\nA2017-21 s 4, s 5; A2018-8 amdt 1.40; A2025-29 amdt 3.270\nMeaning of driver trainer\ns 4BA ins A2011-15 s 8\nam A2017-21 s 6\nMeaning of prescribed concentration of alcohol\ns 4C ins A1999-79 sch 3\nHow alcohol concentration may be expressed\ns 4D ins A1999-79 sch 3\nam A2001-27 amdt 3.3, amdt 3.4\ndef relevant offence am A2001-27 amdt 3.5\npar (g) exp 1 March 2005 (s 52)\nReference to level of alcohol concentration\ns 4E ins A2010-47 s 8\n\nMeaning of first offender and repeat offender\ns 4F ins A2010-47 s 8\n(3), (4) exp 1 December 2015 (s 4F (4))\nss renum R38 LA\nam A2019-21 s 8; A2024-20 s 5\nAuthorisation of operators\ns 5 am Ord1980-37 s 4; Ord1985-51 s 4; A1992-63 s 4, s 8 (2);\nA1999-79 sch 3; A2001-44 amdt 1.3673, amdt 1.3674\nsub A2010-27 s 5; A2010-47 s 8; A2025-29 amdt 3.271\nRegister of authorised operators\ns 5A ins A2010-27 s 5\nAppointment of analysts\ns 5B ins A2010-47 s 8\nApproval of laboratories\ns 6 am Ord1985-51 s 5, sch; A1989-24 sch; A1992-63 s 8 (2);\nA1999-79 sch 3; A2001-44 amdt 1.3675, amdt 1.3676\nsub A2006-12 s 6\nam A2010-27 s 6\nImportant concepts—alcohol and drug tests\ndiv 2.1 hdg ins A2010-47 s 9\nMeaning of alcohol screening device\ns 7 am Ord1978-46; Ord1981-16\nom A2001-44 amdt 1.3677\nins A2010-47 s 9\nMeaning of breath analysis instrument\ns 7A ins A2010-47 s 9\nMeaning of drug screening device\ns 7B ins A2010-47 s 9\nMeaning of oral fluid analysis instrument\ns 7C ins A2010-47 s 9\nTesting and maintenance of instruments etc\ns 7D ins A2010-47 s 9\nAlcohol—screening tests\ndiv 2.2 hdg ins A2010-47 s 9\n\nPower to require alcohol screening test if vehicle not involved in accident––\ndriver and driver trainer\ns 8 hdg sub A2010-47 s 10\ns 8 am Ord1982-94; Ord1985-51 sch; A1989-24 sch; A1999-79\nsch 3; A2010-47 s 11\nsub A2011-15 s 9\nam A2013-20 amdt 1.3; A2014-21 s 5; ss renum R34 LA\nPower to require alcohol screening test if vehicle involved in accident––\ndriver\ns 9 hdg sub A2010-47 s 12; A2011-15 s 10\ns 9 am Ord1985-51 sch; A1989-24 sch; A2010-47 s 13; A2011-15\ns 74; A2013-20 amdt 1.3; A2014-21 s 6\nPower to require alcohol screening test if vehicle involved in accident––\ndriver trainer\ns 9A ins A2011-15 s 11\nam A2013-20 amdt 1.3; A2014-21 s 7\nPower to require alcohol screening test for culpable driving––driver and\ndriver trainer\ns 10 hdg sub A2010-47 s 14; A2011-15 s 12\ns 10 am Ord1985-51 sch; A1989-24 sch; A2010-47 s 15; A2011-15\ns 13; A2013-20 amdt 1.3; A2014-21 s 8\nPower to enter premises for alcohol screening test\ns 10A ins Ord1982-94\nam Ord1985-51 sch; A1989-24 sch; A1990-64 s 5\nom A1999-11 s 4\nins A2016-3 s 5\nam A2024-20 s 6\nAlcohol—confirmatory tests\ndiv 2.3 hdg ins A2010-47 s 16\nDetention for breath analysis\ns 11 am Ord1977-52; Ord1985-51 sch; A1990-64 s 6; A1992-63\ns 5; A1997-51 s 5\nsub A2010-27 s 7; A2010-47 s 16\nam A2011-15 s 14\nBreath analysis\ns 12 am Ord1982-94; Ord1985-51 s 6, sch; A1989-24\nsch;A1992-63 s 8 (1); ss renum R9 LA\nsub A2010-27 s 7; A2010-47 s 16\nam A2011-15 s 15\nAnalysis of oral fluid at approved laboratory\ns 12AA ins A2010-27 s 8\nom A2010-47 s 16\n\nPrecautions for privacy—breath analysis\ns 13 hdg sub A2010-47 s 17\ns 13 am A1992-63 s 6; A2010-27 s 9; A2010-47 s 18, s 19;\nA2013-19 amdt 3.389\nPrescribed drugs—screening tests\ndiv 2.4 hdg ins A2010-47 s 20\nPower to require drug screening test if vehicle not involved in accident––\ndriver and driver trainer\ns 13A ins A2010-47 s 20\nsub A2011-15 s 16\nam A2014-21 s 9; ss renum R34 LA\nPower to require drug screening test if vehicle involved in accident––driver\ns 13B hdg sub A2011-15 s 17\ns 13B ins A2010-47 s 20\nam A2011-15 s 74; A2014-21 s 10\nPower to require drug screening test if vehicle involved in accident––driver\ns 13BA ins A2011-15 s 18\nam A2014-21 s 11\nPower to require drug screening test for culpable driving—driver and driver\ns 13C hdg sub A2011-15 s 19\ns 13C ins A2010-47 s 20\nam A2011-15 s 20; ss renum R25 LA; A2014-21 s 12\nPower to enter premises for drug screening test\ns 13CA ins A2016-3 s 6\nam A2024-20 s 7\nPrescribed drugs—confirmatory tests\ndiv 2.5 hdg ins A2010-47 s 20\nDetention for oral fluid analysis\ns 13D ins A2010-47 s 20\nam A2011-15 s 21\nOral fluid—preliminary analysis\ns 13E ins A2010-47 s 20\nam A2011-15 s 22\nPrecautions for privacy—oral fluid analysis\ns 13F ins A2010-47 s 20\nam A2013-19 amdt 3.390\nOral fluid—confirmatory analysis\ns 13G ins A2010-47 s 20\nam A2011-15 s 23, s 24\n\nOral fluid analysis statement\ns 13H ins A2011-15 s 25\nRestrictions on alcohol and drug tests\ndiv 2.6 hdg ins A2010-47 s 20\nRestrictions on tests etc under this part\ns 14 hdg sub A2010-27 s 10; A2010-47 s 21\ns 14 am Ord1982-94 s 6; Ord1985-51 sch; A1989-24 s 4; A1999-79\nsch 3; ss renum R9 LA; A2004-10 s 40, s 41; pars renum\nR23 LA; A2010-27 ss 11-13; A2010-47 ss 22-24; A2011-15\nss 26-28; A2018-42 amdt 1.35; A2019-21 s 9; A2025-29\namdt 3.272, amdt 3.273\nAnalysis of blood—alcohol and drugs\ndiv 2.7 hdg ins A2010-47 s 25\nTaking blood samples from people in custody\ns 15 am Ord1985-51; A1989-24 s 5; A1992-63 s 8 (1); A1997-53\ns 5; A1999-79 sch 3; ss renum R9 LA; A2010-27 s 14;\nA2010-47 ss 26-28; A2011-15 ss 29-31; A2013-19\namdt 3.400; A2019-21 s 10; A2025-29 amdt 3.274\nTaking blood samples from people in hospital\ns 15AA hdg sub A2006-12 s 7\ns 15AA ins A1997-53 s 6\nam A1999-79 sch 3; A2006-12 s 8; A2010-47 s 29; A2011-15\ns 32; A2019-21 s 11, s 12; ss renum R46 LA; A2022-5 ss 6-8\nAnalysis of blood samples\ns 15A ins A1989-24 s 6\nam A1997-53 s 7; A2006-12 ss 9-11; A2010-27 s 15, s 16\nsub A2010-47 s 30\nBlood analysis statement\ns 15B ins A1997-53 s 8\nsub A2010-47 s 30\nMedical examination—offence against s 24 or culpable driving\ns 16 hdg sub A2010-47 s 31\ns 16 am Ord1985-51 sch; A1992-63 s 8 (3), (4); A1997-53 s 9;\nA1999-79 sch 3; A2004-10 s 42, s 43; A2010-27 s 17;\nA2010-47 ss 32-34; A2011-15 ss 33-36; A2013-19\namdts 3.391-3.393; A2013-19 amdt 3.400; A2018-42\namdt 1.35; A2025-29 amdt 3.274\nAnalysis of body samples\ns 16A ins A1997-53 s 10\nam A2006-12 s 12, s 13\nsub A2010-47 s 35\nam A2011-15 s 37\n\nBody sample statement\ns 16B ins A2010-47 s 35\nKeeping of samples—request by DPP\ns 16C ins A2010-47 s 35\nam A2011-15 ss 38-41; pars renum R25 LA\nDestruction of samples\ns 16D ins A2010-47 s 35\nam A2011-15 s 42, s 43\nExemptions from requirements to take blood samples or carry out\nexaminations\ns 17 am Ord1985-51 sch; A1992-63 sch\nsub A1997-53 s 10\nam A1999-79 sch 3; A2006-12 s 14; A2010-47 s 36; A2019-21\nss 13-15; A2025-29 amdt 3.275\nProtection of police officers and medical staff\ns 18 am Ord1985-51 sch; Ord1989-38 sch 1; Ord1989-23 s 10 (1);\nA1992-63 s 8 (3), sch; A1997-53 s 11; A1999-79 sch 3;\nss renum R9 LA; A2010-27 s 18; A2010-47 s 37, s 38;\nA2013-19 amdt 3.400; A2025-29 amdt 3.276, amdt 3.277\nTaking blood samples from people involved in accidents\ns 18A ins A1999-79 sch 3\nam A2011-15 s 74; A2013-16 amdt 1.1\nom A2019-21 s 16\nPermitted use of samples\ns 18B ins A2010-27 s 19\nsub A2010-47 s 39\nam A2014-25 s 4; A2023-19 s 4\nSearch and seizure\ndiv 2.8 hdg ins A2011-15 s 44\nPower to search person in custody\ns 18C ins A2011-15 s 44\nPrescribed concentration of alcohol in blood or breath\ns 19 am A1990-64 s 7; A1992-63 s 8 (1), (3)\nsub A1993-22 s 3\nam A1994-81 sch; A1997-51 s 6; A1997-53 s 12; A2006-12\ns 15\nsub A2010-47 s 40\nam A2011-15 s 45, s 46; A2024-20 ss 8-10\n\nDefence if person did not intend to drive motor vehicle—s 19\ns 19A hdg sub A2024-20 s 11\ns 19A (prev s 21) am A1992-63 s 8 (2), (3); A1993-22 s 5 (1);\nA2010-47 s 43\nreloc as s 19A A2010-47 s 44\nam A2011-15 s 47; A2024-20 s 12, s 13\nDefence if special driver with lower concentration of alcohol from allowable\nsource—s 19\ns 19B hdg sub A2024-20 s 14\ns 19B ins A2010-47 s 41\nam A2011-15 s 48\nPrescribed drug in oral fluid or blood––driver or driver trainer\ns 20 hdg sub A2011-15 s 49\ns 20 am A1989-24 s 7\nom A1993-22 s 3\nins A2010-27 s 20\nam A2010-47 s 42; ss renum R24 LA; A2011-15 s 50, s 51;\nA2014-21 s 13, s 14; ss renum R34 LA; A2019-23 s 55, s 56;\nss remun R44 LA; A2024-20 s 15, s 16\nPrescribed concentration of alcohol and prescribed drug in bodily fluid\ns 21 reloc as s 19A\nins A2024-20 s 17\nam A2025-29 amdt 3.278\nDefence if person did not intend to drive motor vehicle—s 21\ns 21A ins A2024-20 s 17\nDefence if special driver with lower concentration of alcohol from allowable\nsource—s 21\ns 21B ins A2024-20 s 17\nAlternative verdicts—prescribed concentration of alcohol and prescribed\ndrug in bodily fluid\ns 21C ins A2024-20 s 17\nRefusing to provide breath sample\ns 22 hdg sub A1997-51 note\ns 22 am Ord1985-51 sch; A1992-63 sch; A1994-81 sch; A2011-15\ns 52; A2024-20 ss 18-20\nRefusing to provide oral fluid sample\ns 22A ins A2010-27 s 21\nam A2010-47 s 45; A2011-15 s 53; A2024-20 s 21, s 22\n\nFailing to stay for screening test\ns 22B ins A2010-47 s 46\nam A2011-15 s 54\nsub A2014-21 s 15\nam A2024-20 s 23\nRefusing to undergo screening test\ns 22C ins A2014-21 s 15\nam A2024-20 s 24, s 25\nRefusing blood test etc\ns 23 hdg sub A1997-51 note\ns 23 am A1992-63 sch; A1994-81 sch; A1997-53 s 13; A1999-79\nsch 3; A2004-10 s 44; ss renum R12 LA (see A2004-10\ns 45); A2011-15 s 55; A2013-19 amdt 3.400; A2018-42\namdt 1.35; A2019-21 s 17, s 18; ss renum R46 LA; A2024-20\nss 26-31; ss renum R51 LA; A2025-29 amdt 3.279\nDriving under the influence of intoxicating liquor or a drug\ns 24 am A1992-63 s 8 (2), sch; A1994-81 sch; A2011-15 s 74;\nA2024-20 s 32\nUse vehicle or animal on road or road related area under influence of alcohol\nor drug\ns 24A hdg sub A2020-42 s 137\ns 24A ins A1999-79 sch 3\nam A2004-10 s 46; A2011-15 s 56; A2013-16 amdt 1.2;\nA2014-21 s 16; ss renum R34 LA; A2017-21 s 7; pars renum\nR40 LA; A2020-42 s 138\nsub A2022-5 s 9\nConsuming alcohol—driver or driver trainer\ns 25 am Ord1977-52 s 4; Ord1985-67 sch pt 1; A1992-63 s 8 (3),\nsch; A1997-51 s 7 (d)\nins A2015-30 s 7\nam A2017-21 s 8, s 9\ndef disqualifying offence ins A1997-51 s 7 (c)\ndef driving licence ins A1997-51 s 7 (c)\ndef first offender sub A1997-51 s 7 (a)\ndef previous offender om A1997-51 s 7 (b)\ndef repeat offender ins A1997-51 s 7 (c)\ndef traffic infringer ins A1990-64 s 8\nam A1993-22 s 5 (1)\nom A1997-51 s 7 (b)\n\nAutomatic driver licence disqualification\npt 4 hdg sub A2024-20 s 33\nAutomatic disqualification taken to be court order\ns 26 am A1993-22 s 5 (2)\nom A1994-81 sch\nins A1997-51 s 8\nam A2010-47 s 47\ntable am A2010-47 s 48\nam A2011-15 s 57\nFirst offenders—traffic infringement notice\ns 26A ins A1990-64 s 9\nam A1993-22 s 5 (1); A1993-50 s 4; A1993-58 s 5\nom A1997-51 s 8\nAutomatic driver licence disqualification—first offenders, s 19\ns 27 hdg sub A2010-27 s 22; A2014-21 s 17\ns 27 am A1993-22 s 5 (2)\nom A1994-81 sch\nins A1999-18 s 4\nam A1999-79 sch 3; A2010-27 s 23; A2014-21 s 18\nAutomatic driver licence disqualification—repeat offenders, s 19\ns 28 am A1990-64 s 10; A1992-63 sch; A1993-22 s 5\nom A1997-51 s 8\nAutomatic driver licence disqualification—first offenders, s 20\ns 29 am Ord1984-63; Ord1989-38 sch 1; A1991-44 sch 1;\nA1992-63 s 8 (4), sch; A1997-51 s 9; A1999-79 sch 3;\nss renum R9 LA\nsub A2006-23 amdt 1.276\nom A2010-47 s 49\nAutomatic driver licence disqualification—repeat offenders, s 20\ns 30 om A2010-47 s 49\nAutomatic driver licence disqualification—first offenders, s 21\ns 31 am A1990-64 s 11; A1992-63 s 8 (4); A1993-22 s 5 (1)\n\nAutomatic driver licence disqualification—repeat offenders, s 21\ns 32 am Ord1985-67 sch pt 1; A1990-64 s 12; A1992-63 s 8 (2),\n(4); A1993-22 s 5 (1); A1993-58 s 6\nsub A1997-51 s 10; A1999-79 sch 3\nam A2001-27 amdt 3.6, amdt 3.7\nam A2010-47 s 50\ntable am A2010-47 s 51\nam A2011-15 s 58; A2016-3 s 7\nAutomatic driver licence disqualification—first offenders, s 24\ns 33 sub A1997-51 s 10; A1999-79 sch 3\nam A2001-27 amdt 3.8, amdt 3.9\nam A2010-47 s 52\ntable am A2010-47 s 53\nam A2011-15 s 59; A2016-3 s 8\nAutomatic driver licence disqualification—repeat offenders, s 24\ns 34 am A1992-63 sch; A1994-81 sch\nsub A1997-51 s 10; A1999-79 sch 3\nam A2001-27 amdt 3.10, amdt 3.11; A2011-15 s 60;\nA2016-3 s 9\nAutomatic driver licence disqualification—other disqualifying offences\ns 34A ins A2024-20 s 34\nAutomatic driver licence disqualification—immediate suspension period\ns 35 am A1993-58 s 7\nins A2010-47 s 54\nam A2016-3 s 10; A2024-20 s 35\nSpecial licences to drive motor vehicles\npt 5 hdg om A1997-51\nDisqualification subject to grant of special licence\ns 36 am A1992-63 s 8 (2), sch\nDisqualification etc—further special licence\ns 37 am A1992-63 sch\n\nAdditional powers of court\ns 38 am A1992-63 s 8 (3); A1994-81 sch\nam A2010-47 s 55\nNotice to registrar\ns 39 am Ord1985-67 sch pt 1\nRestoration of cancelled driving licences\npt 6 hdg om A1997-51\nRestoration of cancelled licences\ns 40 am A1992-63 s 8 (2), sch; A1993-58 s 8; A1994-81 sch\nom A1997-51\nEvidence—alcohol-related tests\ndiv 7.1 hdg ins A2010-47 s 56\nEvidentiary certificate—alcohol-related tests\ns 41 hdg sub A2010-47 s 56\ns 41 am Ord1980-37 s 5; Ord1985-51 s 7, sch; A1989-24 s 8;\nA1992-63 s 7, s 8 (1); A1997-51 s 11; A1997-53 s 14;\nA1999-79 sch 3; pars renum R9 LA; A2004-10 s 47; pars\nrenum R12 LA (see A2004-10 s 48); A2006-12 s 16, s 17;\nA2010-27 ss 24-27; A2010-47 ss 57-69; pars renum R24 LA;\nA2013-44 amdt 3.173; A2018-42 amdt 1.35; A2019-21 s 19,\ns 20; A2025-29 amdts 3.280-3.289\nEvidence—drug-related tests\ndiv 7.2 hdg ins A2010-47 s 70\nEvidentiary certificates—drug-related tests\ns 41AA ins A2010-47 s 70\nam A2011-15 s 61; A2011-28 amdt 1.1, amdt 1.2; A2018-42\namdt 1.35; A2019-21 s 21, s 22\nEvidentiary certificate—analysis of oral fluid sample\ns 41AB ins A2010-47 s 70\nEvidentiary certificate—blood sample not taken\ns 41AC ins A2010-47 s 70\nam A2011-15 s 62; A2019-21 s 23\nEvidentiary certificate—analysis of sample for prescribed drug etc\ns 41AD ins A2010-47 s 70\nNSW evidentiary certificates—drug-related tests\ns 41AE ins A2010-47 s 70\nam A2013-44 amdt 3.174\n\nOther provisions about evidence\ndiv 7.3 hdg ins A2010-47 s 71\nEvidence for insurance purposes\ns 41A ins A1989-24 s 9\nam A1993-22 s 4; A1997-53 s 14; A1999-79 sch 3; A2005-20\namdt 3.346; A2006-23 amdt 1.277\nsub A2010-47 s 71\nam A2011-15 ss 63-66; A2019-21 s 24; A2024-20 s 36, s 37;\npars renum R51 LA\nEffect of noncompliance—analysis of breath or blood\ns 42 sub Ord1985-51 s 8\nam A1990-64 s 13; A2001-44 amdt 1.3678, amdt 1.3679;\nA2010-47 s 72, s 73\nEffect of noncompliance—analysis of oral fluid\ns 42AA ins A2010-27 s 28\nam A2010-47 s 74, s 75\nEffect of noncompliance—analysis of body sample\ns 42A ins Ord1985-51 s 8\nam A2001-44 amdt 1.3680, amdt 1.3681; A2010-47 s 76, s 77;\nA2013-19 amdt 3.400\nEffect of noncompliance—refusal to give sample of breath\ns 42B ins Ord1985-51 s 8\nam A1990-64 s 14; A2001-44 amdts 1.3682-1.3684; A2010-47\ns 78, s 79\nEffect of noncompliance—refusal to give sample of oral fluid\ns 42C ins A2010-27 s 29\nam A2010-47 s 80, s 81\nOral evidence about part 7 certificate\ns 43 hdg sub A2010-47 s 82\ns 43 am A1992-63; A1997-51 s 12; A1999-79 sch 3; A2010-47\ns 83, s 84; A2012-21 amdt 3.137; A2013-19 amdt 3.394\nRehabilitation programs\npt 8 hdg sub A1997-51 s 13\nom A2010-47 s 85\nApproval of programs\ns 44 am Ord1989-38 sch\nsub A1997-51 s 13\nam A1999-79 sch 3; A2001-44 amdt 1.3685, amdt 1.3686\nom A2010-47 s 85\nConditions\ns 44A ins A1997-51 s 13\nom A2001-44 amdt 1.3687\n\nReview of administrative appeals tribunal\ns 44B ins A1997-51 s 13\nRequirement for screening test before arrest\ns 45 hdg sub A2013-19 amdt 3.395\ns 45 am Ord1985-51 sch; Ord1989-23 s 10 (2); A1992-63 sch;\nA2006-23 amdt 1.278; A2010-47 s 86, s 87\nPenalty for escaping from custody\ns 46 am Ord1985-51 sch; A1992-63 s 8 (2); A1994-81 sch\nom A2010-47 s 88\nRight of arrested person to medical examination\ns 47 am Ord1985-51 sch; Ord1987-9; A1992-63 s 8 (3); A1997-51\ns 14; A1999-79 sch 3; A2004-10 s 49; A2014-21 s 19;\nA2018-42 amdt 1.35; A2025-29 amdt 3.290\nStopping, search and detaining—Crimes Act, s 207 and s 209\ns 47A ins A2010-27 s 30\nam A2010-47 s 89\nPolice may direct person not to drive\ns 47B ins A2010-47 s 90\nConducting alcohol-related tests and drug-related tests at same time\ns 47C ins A2010-47 s 90\nam A2025-29 amdt 3.291, amdt 3.292\nWhen police officer may move person’s motor vehicle\ns 48 am A1992-63 s 8 (2)\nom A1997-51 s 15\nins A1999-79 sch 3\nam A2011-15 s 67\nDefault term of imprisonment\ns 49 am A1992-63 sch; A2013-19 amdt 3.400\nReferences to Motor Traffic (Alcohol and Drugs) Act etc\ns 50 sub A1999-79 sch 3\nam A2001-44 amdt 1.3688, amdt 1.3689\nRegulation-making power\ns 51 sub A1999-79 sch 3\nam A2001-44 amdt 1.3690; A2011-15 s 68; A2013-44\namdt 3.175; A2025-29 amdt 4.154\nTransitional\npt 10 hdg ins A1999-79 sch 3\nom R13 LA\n\nExpiry of s 4D (3), def relevant offence, par (g)\ns 52 am Ord1989-38 sch\nam A2001-27 amdt 3.12\nexp 1 March 2005 (s 52)\nApproved operator\ns 53 ins A1999-79 sch 3\nam A2001-27 amdt 3.13\nexp 1 March 2002 (s 53 (2))\nTransitional—Road Transport (Alcohol and Drugs) Amendment Act 2006\npt 20 hdg ins A2006-12 s 18\nMeaning of relevant commencement for pt 20\ns 100 ins A2006-12 s 18\nTransitional—sample taken before relevant commencement\ns 101 ins A2006-12 s 18\nexp 6 April 2009 (s 103 (LA s 88 declaration applies))\nTransitional—analyst certificates\ns 102 ins A2006-12 s 18\nexp 6 April 2009 (s 103 (LA s 88 declaration applies))\nExpiry—pt 20\ns 103 ins A2006-12 s 18\nTransitional—Road Transport (Alcohol and Drugs) Legislation Amendment\nAct 2010\npt 21 hdg ins A2010-47 s 91\nMeaning of commencement day—pt 21\ns 105 ins A2010-47 s 91\nexp 1 June 2011 (s 105 (2) (LA s 88 declaration applies))\nApproved operator—authorisation in force before commencement day\ns 106 ins A2010-47 s 91\nexp 1 June 2011 (s 106 (3) (LA s 88 declaration applies))\nApproved analyst—appointment in force before commencement day\ns 107 ins A2010-47 s 91\nexp 1 June 2011 (s 107 (3) (LA s 88 declaration applies))\nApproved laboratory—approval in force before commencement day\ns 108 ins A2010-47 s 91\nexp 1 June 2011 (s 108 (3) (LA s 88 declaration applies))\n\nTransitional regulations\ns 109 ins A2010-47 s 91\nExpiry—pt 21\ns 110 ins A2010-47 s 91\nTransitional—Road Transport Legislation Amendment Act 2016\npt 22 hdg ins A2016-3 s 11\nMeaning of commencement day—pt 22\ns 111 ins A2016-3 s 11\nExisting automatic driver licence disqualification\ns 112 ins A2016-3 s 11\nExpiry—pt 22\ns 113 ins A2016-3 s 11\nDrugs\nsch 1 hdg am A2025-29 amdt 3.293\nsch 1 ins Ord1985-51 s 9\nrenum as sch R5 LRA\nrenum as sch 1 A2001-27 amdt 3.14\n","sortOrder":90},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nsch 2 hdg (prev sch hdg) sub Ord1985-51 s 10\nsch 2 (prev sch) ins Ord1980-37 s 6\nam Ord1989-38 sch\nom A1992-63 s 9\ndict ins A1999-79 sch 3\nam A1999-79 sch 3; A2001-27 amdt 3.15; A2002-30\namdt 3.692; A2004-10 s 50; A2010-18 amdt 3.13; A2011-15\ns 69; A2012-21 amdt 3.138; A2013-19 amdt 3.396; A2017-21\ns 10; A2019-21 s 25; A2025-29 amdt 3.294\ndef accident ins A1997-53 s 4\nam A2011-15 s 74\ndef alcohol screening device ins A2010-47 s 92\ndef alcohol screening test ins A2010-47 s 92\ndef analyst ins A2010-47 s 93\ndef another jurisdiction ins A1999-79 sch 3\nom A2025-29 amdt 3.295\n\ndef approved alcohol screening device ins A2010-27 s 31\ndef approved analysis instrument ins A2010-27 s 31\ndef approved analyst ins A1999-79 sch 3\nsub A2010-27 s 32\ndef approved breath analysis instrument ins A1999-79\nsch 3\nsub A2010-27 s 32\ndef approved drug screening device ins A2010-27 s 33\ndef approved laboratory ins A2006-12 s 19\nsub A2010-47 s 95\ndef approved operator ins A1999-79 sch 3\nsub A2010-27 s 34\nom A2010-47 s 96\ndef approved oral fluid analysis instrument ins A2010-27\ns 35\nom A2010-47 s 96\ndef approved screening device ins A1999-79 sch 3\nom A2010-27 s 36\ndef Australian driver licence ins A1999-79 sch 3\ndef authorised nurse practitioner ins A2004-10 s 51\nom A2018-42 amdt 1.32\ndef authorised operator ins A2010-47 s 97\ndef breath analysis am A1992-63 s 8 (1)\nam A2010-47 s 98\ndef breath analysis instrument ins A2010-47 s 99\ndef corresponding offence ins A1999-79 sch 3\ndef court am Ord1985-67 sch pt 1\ndef disqualifying offence ins A1999-79 sch 3\nsub A2010-27 s 37\nam A2010-47 s 100; A2011-15 s 70; A2014-21 s 20; pars\nrenum R34 LA; A2024-20 s 38; pars renum R51 LA\ndef doctor ins A1999-79 sch 3\nsub A2001-56 amdt 3.474\nom A2002-30 amdt 3.693\ndef drive ins A1999-79 sch 3\ndef driver ins A1999-79 sch 3\ndef driver involved in an accident ins A1997-53 s 4\nom A2019-21 s 26\n\ndef driver licence ins A1999-79 sch 3\ndef driver trainer ins A2011-15 s 71\ndef drug ins Ord1985-51 s 3\nam Ord1989-14 s 4; A1994-26 sch; am A2001-27\namdt 3.15; A2005-5 s 38\ndef drug screening device ins A2010-47 s 101\ndef drug screening test ins A2010-47 s 101\ndef external driver licence ins A1999-79 sch 3\ndef external territory driver licence ins A2011-15 s 71\ndef first offender ins A1999-79 sch 3\nam A2010-47 s 102\ndef GCM ins A1999-79 sch 3\ndef GVM ins A1999-79 sch 3\ndef jurisdiction ins A1999-79 sch 3\ndef level ins A1999-79 sch 3\nsub A2010-47 s 103\ndef medical examination ins A2004-10 s 51\nam A2018-42 amdt 1.33\ndef motor vehicle ins A1999-79 sch 3\ndef nurse ins A1997-53 s 4\nom A2002-30 amdt 3.693\ndef nurse practitioner position ins A2004-10 s 51\nsub A2006-27 amdt 2.12\nom A2018-42 amdt 1.34\ndef offence of culpable driving ins A1999-79 sch 3\nam A2013-19 amdt 3.397\ndef one-way box ins A1989-24 s 3 (b)\ndef oral fluid analysis ins A2010-27 s 38\nam A2010-47 s 104\ndef oral fluid analysis instrument ins A2010-47 s 105\ndef personal mobility device ins A2019-21 s 27\ndef prescribed concentration sub A1990-64 s 4 (a)\nam A1993-58 s 4 (b)\nsub A1997-51 s 4 (a)\nsub A2010-47 s 106\nam A2013-19 amdt 3.398\ndef prescribed drug ins A2010-27 s 39\nsub A2010-47 s 107; A2024-20 s 39\ndef public place ins A1999-79 sch 3\nom A2011-15 s 72\n\ndef public street reloc from s 4 A1999-79 sch 3\nom A2011-15 s 72\ndef registered operator ins A1999-79 sch 3\ndef repeat offender ins A1999-79 sch 3\nam A2010-47 s 108\ndef responsible person ins A1999-79 sch 3\ndef restricted licence ins A1999-79 sch 3\ndef road related area ins A2013-44 amdt 3.176\nom A2019-21 s 28\ndef road transport authority ins A1999-79 sch 3\ndef road transport legislation ins A1999-79 sch 3\ndef sampling facility ins A2011-15 s 73\nsub A2013-19 amdt 3.399\ndef scope of practice ins A2004-7 s 53\nsub A2006-27 amdt 2.13\nom A2018-42 amdt 1.34\ndef screening test ins A2004-10 s 51\nsub A2010-27 s 40\nom A2010-47 s 109\ndef special driver ins A1999-79 sch 3\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n30 Sept 1991\n25 Sept 1991–\n29 Oct 1992\nA1991-44 initial republication\nsince self-\ngovernment\nR1 (RI)\n25 Sept 1991–\n29 Oct 1992\nA1991-44 reissue of printed\nR1A\n30 Oct 1992–\n4 Apr 1993\nA1992-63 amendments by\nA1992-63\nR1B\n5 Apr 1993–\n31 Aug 1993\nA1993-22 amendments by\nA1993-22\nR1C\n1 Sept 1993–\n26 Sept 1993\nA1993-50 amendments by\nA1993-50\n30 Sept 1993\n27 Sept 1993–\nA1993-58 amendments by\nA1993-58\nR2 (RI)\n27 Sept 1993–\nA1993-58 reissue of printed\nR2A\n31 May 1994–\n28 Nov 1994\nA1994-26 amendments by\nA1994-26\n28 Feb 1995\n29 Nov 1994–\n11 Sept 1996\nA1994-81 amendments by\nA1994-81\nR3 (RI)\n29 Nov 1994–\n11 Sept 1996\nA1994-81 reissue of printed\nR3A\n12 Sept 1996–\n18 Sept 1996\nA1996-7 amendments by\nA1996-7\nR3B\n19 Sept 1996–\n1 Mar 1998\nA1996-48 amendments by\nA1996-48\n\nEarlier republications 5\nfor\n2 Mar 1998\n2 Mar 1998–\n22 Mar 1999\nA1997-53 amendments by\nA1997-51 and\nA1997-53\nR4 (RI)\n6 Feb 2008\n2 Mar 1998–\n22 Mar 1999\nA1997-53 reissue of printed\nR4A\n23 Mar 1999–\n13 Apr 1999\nA1999-11 amendments by\nA1999-11\nR4B\n14 Apr 1999–\n29 Feb 2000\nA1999-18 amendments by\nA1999-18\n1 Mar 2000\n1 Mar 2000–\nA1999-79 renaming and other\namendments by\nA1999-79\nR5 (RI)\n1 Mar 2000–\nA1999-79 reissue of printed\n12 Sept 2001\n24 May 2001–\n30 Nov 2001\nA2001-56 amendments by\nA2001-27,\nA2001-44 and\nA2001-56\n3 Dec 2001\n1 Dec 2001–\n1 Mar 2002\nA2001-62 amendments by\nA2001-62\n2 Mar 2002–\n16 Sept 2002\nA2001-62 commenced expiry\n25 Sept 2002\n17 Sept 2002–\n16 Jan 2003\nA2002-30 amendments by\nA2002-30\n17 Jan 2003\n17 Jan 2003–\n4 Apr 2004\nA2002-49 amendments by\nA2002-49\n5 Apr 2004\n5 Apr 2004–\nA2004-7 amendments by\nA2004-7\n27 May 2004–\n1 Mar 2005\nA2004-10 amendments by\nA2004-10\n2 Mar 2005\n2 Mar 2005–\n5 Mar 2005\nA2004-10 commenced expiry\n6 Mar 2005\n6 Mar 2005–\nA2005-5 amendments by\nA2005-5\n\nfor\n2 June 2005–\n5 Apr 2006\nA2005-20 amendments by\nA2005-20\nR16*\n6 Apr 2006\n6 Apr 2006–\nA2006-12 amendments by\nA2006-12\n2 June 2006–\n13 Dec 2006\nA2006-23 amendments by\nA2006-23\n14 Dec 2006\n14 Dec 2006–\nA2006-27 amendments by\nA2006-27\n2 June 2007–\n30 Sept 2008\nA2006-27 amendments by\nA2006-23\nR20*\n1 Oct 2008\n1 Oct 2008–\n6 Apr 2009\nA2008-39 amendments by\nA2008-1 as\namended by\nA2008-39\n7 Apr 2009\n7 Apr 2009–\n2 Mar 2010\nA2008-39 commenced expiry\n3 Mar 2010\n3 Mar 2010–\nA2009-22 amendments by\nA2009-22\n3 June 2010–\n30 Nov 2010\nA2010-18 amendments by\nA2010-18\nR24*\n1 Dec 2010\n1 Dec 2010–\nA2010-47 amendments by\nA2010-27,\nA2010-43 and\nA2010-47\n13 May 2011–\nA2011-15 amendments by\nA2011-15\n2 June 2011–\n20 Sept 2011\nA2011-15 expiry of\nprovisions (ss 105-\n108)\n21 Sept 2011\n21 Sept 2011–\nA2011-28 amendments by\nA2011-28\n5 June 2012–\n1 Dec 2012\nA2012-21 amendments by\nA2012-21\n\nEarlier republications 5\nfor\n2 Dec 2012\n2 Dec 2012–\nA2012-21 expiry of\nprovisions (pt 21)\n23 May 2013–\nA2013-16 amendments by\nA2013-16\n14 June 2013–\n24 Nov 2013\nA2013-20 amendments by\nA2013-19 and\nA2013-20\n25 Nov 2013\n25 Nov 2013–\n9 Feb 2014\nA2013-44 amendments by\nA2013-44\n10 Feb 2014\n10 Feb 2014–\nA2013-52 amendments by\nA2013-52\n23 May 2014–\nA2014-21 amendments by\nA2014-21\n13 June 2014–\nA2014-25 amendments by\nA2014-25\n17 June 2014–\n21 Aug 2015\nA2014-25 amendments by\nA2013-24\n22 Aug 2015\n22 Aug 2015–\n1 Dec 2015\nA2015-30 amendments by\nA2015-30\n2 Dec 2015\n2 Dec 2015–\n24 Feb 2016\nA2015-30 expiry of provision\n(s 4F (3), (4))\n25 Feb 2016\n25 Feb 2016–\n14 Aug 2017\nA2016-3 amendments by\nA2016-3\n15 Aug 2017\n15 Aug 2017–\n25 Feb 2018\nA2017-21 amendments by\nA2017-21\n26 Feb 2018\n26 Feb 2018–\n28 Mar 2018\nA2017-21 expiry of\nprovisions (pt 22)\n29 Mar 2018\n29 Mar 2018–\n21 Nov 2018\nA2018-8 amendments by\nA2018-8\n22 Nov 2018\n22 Nov 2018–\n14 Aug 2019\nA2018-42 amendments by\nA2018-42\n\n6 Expired transitional or validating provisions\nfor\n15 Aug 2019\n15 Aug 2019–\n21 Aug 2019\nA2019-23\n22 Aug 2019\n22 Aug 2019–\n18 Sept 2019\nA2019-21\n19 Sept 2019\n19 Sept 2019–\n31 Jan 2020\nA2019-21\n1 Feb 2020\n1 Feb 2020–\n27 Aug 2020\nA2019-12\n28 Aug 2020\n28 Aug 2020–\nA2020-42 amendments by\nA2020-42\n11 May 2022–\nA2022-5 amendments by\nA2022-5\n22 June 2023–\nA2023-19 Amendments by\nA2023-19\n25 May 2024–\n31 Jan 2024\nA2024-20 amendments by\nA2024-20\n1 Jan 2025\n1 Jan 2025–\n25 Nov 2025\nA2024-20 amendments by\nA2024-20\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":91}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded from its original 1977 alcohol‑focused framework to cover a much broader regulatory and enforcement regime. Over successive amendments it has added drug screening (oral fluid screening and confirmatory laboratory testing — ss 13A–13G, 41AA–41AB), hospital blood sampling rules (s 15AA), formalised evidentiary certificate schemes (Part 7), defined a broad \"special driver\" category with near zero tolerance for alcohol (s 4B, s 4C), and introduced structured automatic licence disqualifications (Part 4). Those additions extend the statute’s subject matter from detecting alcohol impairment to a comprehensive drug-and-alcohol testing, evidence and sanction architecture with significant administrative infrastructure (authorised operators, approved laboratories, analysts) and new operational police powers (premises entry in specified circumstances, s 10A/13CA)."},"complexity_factors":["Lengthy statute with many Parts, Divisions and cross-references (100+ sections plus schedules and dictionary).","Multiple defined terms that materially change outcomes (eg. 'special driver' s 4B; 'prescribed concentration' s 4C; 'level' ranges s 4E).","Three different sample types and testing pathways with distinct rules: breath (screening and instrument analysis), oral fluid (screening, preliminary analysis, confirmatory lab analysis), and blood/body samples (ss 7–7C; 12; 13E; 15–16A).","Numerous conditional rules and time limits (notably 2-hour limits, s 14; procedural triggers for detention s 11 and s 13D).","Different liability regimes (strict liability for core offences such as ss 19(2), 20(2), 21(2) alongside defences with legal burdens e.g. ss 19A, 19B, 21A, 21B).","Complex penalty and licence disqualification matrices that vary by concentration level, offence type and repeat/first offender status (tables in ss 19, 21 and tables 27–32).","Extensive evidentiary provisions relying on certificates and printouts (ss 41, 41AA–41AD) and mandatory dismissal rules for procedural non-compliance (ss 42, 42AA, 42A).","Administrative discretion concentrated in police and road transport authority functions (authorisations, registers, lab approvals — ss 5–6) with operational consequences (entry powers ss 10A, 13CA).","Interplay with other Acts and regulations (Criminal Code for criminal responsibility, Road Transport (Driver Licensing) Act for licence definitions, and multiple regulations for prescribing devices and drugs)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Gives police powers to require alcohol and drug tests of people who are driving, have recently been driving, or are driver trainers. (See powers to require screening tests: ss 8–10 for alcohol; ss 13A–13C for drugs.)\n- Specifies the kinds of tests and samples that can be taken: breath screening and breath analysis (breath analysis instruments) for alcohol (ss 7, 7A, 12); oral fluid screening and laboratory confirmatory oral fluid analysis for drugs (ss 7B, 7C, 13E, 13G); and blood or other body samples where breath/oral fluid testing is impracticable or where a medical exam is required (ss 15, 15AA, 16, 16A).\n- Sets time limits and medical safety rules for testing (notably 2‑hour limits from stopping or accident; see s 14 and ss 15(4), 15A(4)).\n- Establishes how samples must be handled, sealed and preserved (labels, tamper‑evident seals, one‑way boxes) and who analyses them (analysts and approved laboratories; ss 15(7), 15A(2), 13G(2), 6, 5B).\n- Creates criminal offences for driving with specified alcohol or drug levels, refusing tests, driving under the influence, consuming alcohol while driving, and related conduct; many offences are strict liability (i.e. the prosecution does not have to prove intent; see s 19(2), s 20(2), s 21(2)) and carry financial penalties, imprisonment or both (see ss 19–25 and penalty tables in ss 19 and 21).\n- Imposes automatic licence disqualification periods on conviction, with different minimum and default periods depending on the offence, concentration level and whether the offender is a repeat offender (see Part 4, ss 27–35 and tables 27–32).\n- Creates formal rules for admitting testing evidence in court through certificates and printouts (ss 41, 41AA, 41AB, 41AD), and sets out when non‑compliance with testing procedures requires dismissal of charges (ss 42, 42AA, 42A).\n- Limits what samples can be used for (e.g. mainly testing for this Act, certain research, and specified prosecutions) and protects medical staff (ss 18B, 18(4)).\n- Gives the chief police officer administrative powers: to authorise police as operators (s 5), keep a register of authorised operators (s 5A), and arrange for collection/analysis of samples; the road transport authority appoints analysts and approves laboratories (ss 5B, 6).\n- Provides specific operational powers: entering premises to require tests in certain circumstances (ss 10A, 13CA), taking vehicles to a retention area (s 48), directing a person not to drive for up to 12 hours when impairment by a prescribed drug is suspected (s 47B), and a right for arrested persons to request a medical examination (s 47).\n\n**Who this affects\n\n- Drivers and people who have recently driven on roads or road‑related areas, including learner, provisional and other restricted licence holders, interstate or foreign licence holders (see definition of \"special driver\"; s 4B). Driver trainers, heavy vehicle drivers, public passenger vehicle drivers and light rail drivers have particular rules and sometimes lower tolerances (ss 4B, 4BA, 4C).\n- Police officers — decision makers for when to require tests, detain people, and authorise operators (ss 8–13C, 11, 12, 5).\n- Medical practitioners and nurses who may be asked to take blood or carry out medical examinations; the Territory indemnifies them for carrying out procedures under the Act (s 18(4)).\n- Analysts, approved laboratories and device manufacturers and maintainers (ss 6, 7D, 13G, 15A).\n- Insurers — the Act prevents certain test results and related statements being used in insurance contract disputes (s 41A).\n- Vehicle owners or \"responsible persons\" when police remove or retain vehicles following arrest or detention (s 48).\n\n**Why it matters (official purpose and practical trade‑offs)\n\n- Officially: the Act is designed to detect and deter people from driving while affected by alcohol or drugs, to provide forensic and evidentiary rules for prosecution, and to support treatment and rehabilitation mechanisms (longstanding statutory purpose stated in the Act's long title and structure).\n\n- Testing and enforcement mechanics change incentives and costs: drivers face stronger deterrence (penalties, licence disqualification — Part 4) and immediate operational risk (police directions, detention for confirmatory tests — s 11). Police gain broad, operationally flexible tools (screening powers at the roadside; powers to take people to a station or hospital; entry powers in specified circumstances — ss 8–13CA, 10A), but those powers require administrative systems (authorisation of operators, registers, approved labs) and device maintenance (s 7D).\n\n- Costs and burdens: the Territory and police must resource device availability, training and approved laboratories. Medical staff and hospitals may be required to take samples within statutory time windows (ss 15, 15AA, 16) and must follow strict chain‑of‑custody procedures; analysts and labs must preserve sample parts for possible retesting or DPP requests (ss 13G(4)–(7), 15A(5)–(7), 16A(3)). Individuals can request the preserved part be sent to a nominated lab at their expense (ss 13G(6), 15A(7), 16A(5)), so some testing costs may fall to the tested person.\n\n- Legal and evidentiary trade‑offs: the Act relies on certificate evidence to streamline prosecutions (s 41 and ss 41AA–41AD). At the same time, strict procedural compliance is required: non‑compliance with testing provisions can lead to mandatory dismissal unless the court is satisfied the result would have been the same (ss 42, 42AA, 42A). That raises implementation risk: device failures, maintenance lapses or poor chain of custody can undermine prosecutions.\n\n- Disproportionate effects by category: the Act differentiates \"special drivers\" (zero tolerance in most cases — s 4B, s 4C), imposes different penalties and disqualification periods for first and repeat offenders (Part 4, tables), and treats driver trainers differently (limited imprisonment exposure, s 19(3), s 21(3)). That targets higher duty groups (learners, heavy vehicle and public passenger drivers) with stricter rules.\n\n**Concrete operational notes and risks (short list)\n\n- Who decides: chief police officer authorises operators and manages the public register (ss 5–5A); the road transport authority appoints analysts and approves labs (ss 5B–6). Police make reasonable‑cause judgments to require tests (ss 8–13C) and may use force for entry in limited circumstances (ss 10A, 13CA).\n- Who pays: public costs for police, devices and labs are borne by the Territory; tested persons pay if they ask preserved samples sent to a private lab (ss 13G(6), 15A(7)); arrested persons pay for optional medical examination costs they request (s 47(3)).\n- Behaviour change: drivers face immediate legal risk of test refusal (various refusal offences, ss 22, 22A, 22C, 23), stricter penalties and automatic disqualification periods on conviction (Part 4), and potential short‑term directions not to drive (s 47B).\n\n**Key statutory references**: authorisation and registers (ss 5–5A), screening powers (ss 8–13C), confirmatory analyses (ss 11–13G, 15–16A), time limits and medical safety (s 14, ss 15(4), 15AA(2)), definitions and thresholds (ss 4B, 4C, 4E), offences and penalties (ss 19–25), automatic licence disqualification (ss 27–35), evidentiary certificates and non‑compliance rules (ss 41, 42, 42AA), permitted uses of samples (s 18B), police directions not to drive (s 47B), and vehicle retention (s 48)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":972},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1977 focus on alcohol testing. Major expansions include: (1) comprehensive drug testing regime added in 2010 (random drug testing, oral fluid analysis, prescribed drug offences); (2) extension to 'driver trainers' in 2011 (instructors, supervisors, assessors); (3) addition of combined alcohol-and-drug offences in 2024; (4) expansion of 'special driver' category to include light rail and various licence conditions; (5) detailed evidence and certificate provisions; and (6) removal of rehabilitation program provisions in 2010. The original ordinance was substantially rewritten and restructured in 1999-2000 as part of road transport legislative reform."},"complexity_factors":["Extensive cross-referencing with other ACT road transport legislation (Road Transport (General) Act, Driver Licensing Act, etc.)","Multiple defined terms with signpost definitions pointing to other Acts","Complex tiered penalty structures based on four alcohol concentration levels and first/repeat offender status","Detailed procedural requirements for testing with multiple stages (screening, confirmatory analysis, blood samples as fallback)","Numerous exceptions and exemptions (medical grounds, religious objections, time limits, special driver categories)","Extensive evidentiary provisions with 8 different types of certificates and specific admissibility rules","Automatic disqualification provisions with minimum and default periods that courts can modify","Nested conditional logic in offence provisions (e.g., s 21 requires both alcohol AND drug presence with specific evidence rules for each)","Interaction with Criminal Code provisions on strict liability and mistake of fact defences","48-year legislative history with 53 republications and extensive amendment history"],"plain_english_summary":"This ACT law creates a comprehensive regime allowing police to roadside-screen drivers and driver trainers for alcohol (breath) and drugs (oral fluid), detain for confirmatory breath, oral fluid or blood tests, and enter premises in some accident situations. It applies to all drivers, driver trainers and a wide “special drivers” category (learners, provisional, heavy or public-vehicle drivers, interlock holders).\n\nIt sets strict limits (zero for special drivers; 0.05% BAC for others), bans any prescribed drug presence, imposes escalating fines, imprisonment and automatic licence disqualifications, and governs evidentiary use of test results."}},"importantCases":[],"_links":{"self":"/api/acts/road-transport-alcohol-and-drugs-act-1977","history":"/api/acts/road-transport-alcohol-and-drugs-act-1977/history","analysis":"/api/acts/road-transport-alcohol-and-drugs-act-1977/analysis","conflicts":"/api/acts/road-transport-alcohol-and-drugs-act-1977/conflicts","importantCases":"/api/acts/road-transport-alcohol-and-drugs-act-1977/important-cases","documents":"/api/acts/road-transport-alcohol-and-drugs-act-1977/documents"}}