Div 1Notices relating to licence disqualification or suspension

Division 1—Notices relating to licence disqualification or suspension 11—Prescribed particulars of notice of licence disqualification or suspension (section 45B of Act) (a1) For the purposes of section 45B(1) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person are as follows: (c) the date and time of the offence to which the notice relates; (f) that the notice is given under section 45B of the Act; (i) an offence against section 45A(1) of the Act; or (ii) an offence against section 79B(2) of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A(1) of the Act; • a police officer reasonably believes that the person has committed an offence against section 45A(1) of the Act; • an alleged offence against section 79B(2) of the Act by the person constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A(1) of the Act. (i) that the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended; (l) the period for which the disqualification or suspension applies. (1) For the purposes of section 45B(3) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person that must be forwarded to the Registrar are as follows: (d) if the person produces his or her licence—the person's licence number; (i) an offence against section 45A of the Act; or (ii) an offence against section 79B of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A of the Act; (2) For the purposes of section 45B(4) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar are as follows: (i) an offence against section 45A of the Act; or (ii) an offence against section 79B of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A of the Act; 11A—Prescribed particulars of notice of licence disqualification or suspension (section 45D of Act) (a1) For the purposes of section 45D(2) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person are as follows: (c) the date and time of the alleged offence to which the notice relates; (f) that the notice is given under section 45D of the Act; (ii) an offence against section 79B(2) of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Act; • a police officer reasonably believes that the person has committed an offence against section 45C(1) or (2) of the Act; • an alleged offence against section 79B(2) of the Act by the person constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Act. (i) that the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended; (l) the period for which the disqualification or suspension applies; (m) that the person may apply to the court for an order that the person is not disqualified, or the person's driver's licence is not suspended, by the notice. (1) For the purposes of section 45D(5)(a) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person that must be forwarded to the Registrar are as follows: (d) if the person produces the person's licence—the person's licence number; (ii) an offence against section 79B of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Act; (2) For the purposes of section 45D(5)(b) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar are as follows: (ii) an offence against section 79B of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Act; 12—Prescribed particulars of notice of immediate licence disqualification or suspension (section 47IAA of Act) (a1) For the purposes of section 47IAA(2) of the Act, the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person are as follows: (c) the date and time of the alleged offence to which the notice relates; (f) that the notice is given under section 47IAA of the Act; (v) an offence against section 47E(3) or (3a) of the Act; or (vi) an offence against section 47EAA(9) or (9a) of the Act; or (vii) an offence against section 47I(7) of the Act; or (viii) an offence against section 47I(14) of the Act committed by a person who was the driver of a motor vehicle involved in the accident; • the police officer reasonably suspects that the person has committed an offence against section 47BA(1) or (1a) of the Act; or • the police officer reasonably believes that the person has committed an offence (other than an offence against section 47BA(1) or (1a) of the Act) to which section 47IAA of the Act applies. (i) that the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended; (l) the period for which the disqualification or suspension applies; (m) that the person may apply to the court for an order— (i) that the person is not disqualified, or the person's driver's licence is not suspended, by the notice; or (ii) reducing the period of disqualification or suspension applicable under the notice. (1) For the purposes of section 47IAA(5) of the Act, the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person that must be forwarded to the Registrar are as follows: (d) if the person produces his or her licence—the person's licence number; (iva) an offence against section 47E(3) or (3a) of the Act; or (ivb) an offence against section 47EAA(9) or (9a) of the Act; or (ivc) an offence against section 47I(7) of the Act; or (v) an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident; (2) For the purposes of section 47IAA(6) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar are as follows: (iva) an offence against section 47E(3) or (3a) of the Act; or (ivb) an offence against section 47EAA(9) or (9a) of the Act; or (ivc) an offence against section 47I(7) of the Act; or (v) an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident; 13A—Exemption from cumulative application of new disqualification or suspension if existing suspension is under a prescribed provision (1) If— (a) an order that a person be disqualified from holding or obtaining a driver's licence referred to in section 169B of the Act is made in relation to a person; and (b) at the time that the order is (but for the operation of section 169B(1)(b) of the Act) due to take effect, the person holds a driver's licence that is already suspended under a prescribed provision, the person is exempt from the requirement under section 169B(1)(b) of the Act that the order will instead take effect at the end of that prior suspension. (2) Subregulation (1)— (a) only applies where the time at which the order is due to take effect (the time referred to in subregulation (1)(b)) occurs on or after the commencement of this regulation; but (b) applies whether the order was given, or the prior suspension was imposed, before, on or after that commencement. prescribed provision means— (a) section 38(1) of the Fines Enforcement and Debt Recovery Act 2017; or (b) section 80(2a)(e) of theMotor Vehicles Act 1959; or (c) section 82(1)(b) of the Motor Vehicles Act 1959; or (d) section 83 of the Motor Vehicles Act 1959. Division 2—Drink driving and drug driving 14—Approval of apparatus and kits for breath analysis etc (section 47H of Act) (1) The following apparatus are approved as breath analysing instruments: (a) Dräger Alcotest 7110 Mk V; (b) Lion Intoxilyzer 8000; (c) Dräger Alcotest 9510. (2) The Alcolizer 5 Series is approved for the purpose of conducting alcotests. (3) The following apparatus are approved for the purposes of conducting drug screening tests: (a) Securetec Drugwipe II Twin; (b) Securetec Drugwipe 3S. (4) The "APPROVED 'BLOOD TEST KIT'" produced by Sarstedt Australia Pty. Ltd. is an approved blood test kit. 15—Offences included in prescribed circumstances (section 47A of Act) For the purposes of paragraph (a) of the definition of prescribed circumstances in section 47A(1) of the Act, each of the following is an offence of a prescribed class: (a) an offence against section 40H(5), 40I(2), 40J(3) or 40K(5) of the Act; (b) an offence against section 40V(4), 40W(4) or 40X(3) of the Act committed by a person who was, at the time of the offence, the driver or other person in charge of a vehicle; (c) an offence against a provision of Part 3 of the Act; (d) an offence against a provision of the Australian Road Rules (other than an offence against a provision of Part 12 (Restrictions on stopping and parking)); (e) an offence against regulation 8(1), 8(2), 8A(1), 13, 27(1) or 44(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014; (f) an offence against section 19A(1), 19A(3), 19AB(1) or 19AB(2) of the Criminal Law Consolidation Act 1935 involving the driving of a vehicle; (g) an offence against section 19AC(1) or 19AD(1) of the Criminal Law Consolidation Act 1935; (h) an offence against section 19ABA(1) or 19ABA(2) of the Criminal Law Consolidation Act 1935; (i) an offence against section 19ADA(1) of the Criminal Law Consolidation Act 1935. 16—Prescribed drugs (section 47A of Act) For the purposes of the definition of prescribed drug in section 47A(1) of the Act, the following are declared to be prescribed drugs: (a) delta‑9‑tetrahydrocannabinol; (b) methylamphetamine; (c) 3, 4‑methylenedioxymethamphetamine (MDMA); (d) cocaine. 17—Conduct of breath analysis (section 47E(2e) of Act) (1) Pursuant to section 47E(2e) of the Act, if a person submits to a breath analysis, the breath analysis must be conducted in the following manner: (a) the person must provide 2 separate samples of breath for analysis; and (b) each sample must be provided in accordance with the directions of the operator of the breath analysing instrument and must consist of not less than 1 litre of breath; and (c) there must be an interval of not less than 2 minutes and not more than 10 minutes between the provision of the samples. (2) Despite subregulation (1)— (a) if, on analysing a sample of breath, the breath analysing instrument indicates an error in the analysis of the sample— (i) that sample, or, if that sample was the second sample provided, both samples, must be disregarded; and (ii) the person may be required to provide 2 further samples of breath for analysis using a different instrument (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or (b) if, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the person— (i) that sample, or, if that sample was the second sample provided, both samples, must be disregarded; and (ii) the person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or (c) if, on analysing 2 samples of breath, the breath analysing instrument indicates that the reading obtained on analysis of the second sample was more than 15% higher or lower than the reading obtained on analysis of the first sample— (i) those samples must be disregarded; and (ii) the person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or (d) if, for any reason, a second sample of breath is not provided within 10 minutes of the provision of the first sample— (i) the first sample is to be disregarded; and (ii) the person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)). (3) If a person submits to a breath analysis, the result of the breath analysis will, for the purposes of the Road Traffic Act 1961 and any other Act, be taken to be the reading produced by the breath analysing instrument, on analysis of the samples of breath provided by the person in accordance with this regulation, that indicates the lower concentration of alcohol in the person's breath (not taking into account any samples that, in accordance with this regulation, are to be disregarded). 18—Oral advice on refusal or failure to comply with alcotest or breath analysis direction (section 47E(4) of Act) The prescribed oral advice for the purposes of section 47E(4)(ab) of the Act is set out in Schedule 1 Form 2. 19—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction (section 47EAA of Act) The prescribed oral advice for the purposes of section 47EAA(10)(b) of the Act is set out in Schedule 1 Form 3. 20—Oral advice and written notice on recording of positive breath analysis reading (section 47K(2a) of Act) (1) The oral advice required to be given for the purposes of section 47K(2a)(a) of the Act, must be as set out in Part A of Schedule 1 Form 4. (2) The written notice required to be delivered for the purposes of section 47K(2a)(a) of the Act must be as set out in Part B of Schedule 1 Form 4. 21—Request for approved blood test kit (section 47K(2a) of Act) (1) For the purposes of section 47K(2a)(b) of the Act, a request for an approved blood test kit must be made in accordance with the following provisions: (a) the request may, in the first instance, be made orally to the person operating the breath analysing instrument (operator); (b) on such a request having been made by the person, the operator or any other police officer present at the scene must complete a written request form in the form set out in Schedule 1 Form 5 by inserting the particulars required by the form; (c) the person making the request must then sign the request form in the presence of the operator or other police officer and the person's signature must be attested to by the signature of the operator or other police officer; (d) the original of the signed request form may be retained by the person making the request; (e) a copy of the signed request form must be delivered to the operator or other police officer. (2) The copy of the request form delivered to the operator or other police officer must be delivered to the Minister or retained on the Minister's behalf for 12 months from the day on which the request form was signed by the person making the request. 22—Procedures for voluntary blood test (section 47K(1a) of Act) The following are the prescribed procedures in accordance with which a sample of a person's blood must be taken and dealt with for the purposes of section 47K(1a) of the Act: (a) the person must cause the sample to be taken by a medical practitioner or registered nurse of the person's choice and must deliver the blood test kit supplied to the person under section 47K(2a)(b) of the Act to the medical practitioner or registered nurse for use for that purpose; (b) the medical practitioner or registered nurse by whom the sample of the person's blood is taken must place the sample, in approximately equal proportions, in 2 containers (being the containers provided as part of the blood test kit); (c) each container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of alcohol present in the blood and the sample of blood taken by the medical practitioner or registered nurse must be such as to furnish 2 such quantities of blood; (d) the medical practitioner or registered nurse must seal each container by application of the adhesive seal (bearing an identifying number) provided as part of the blood test kit; (e) it is the duty of the medical practitioner or registered nurse to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the person from whom the sample was taken; (f) the medical practitioner or registered nurse must then complete a certificate that includes the information set out in Schedule 1 Form 6; (g) the certificate must be signed by the medical practitioner or registered nurse certifying as to the matters set out in the form; (h) the certificate must also bear the signature of the person from whom the blood sample was taken, attested to by the signature of the medical practitioner or registered nurse; (i) the original of the signed certificate must then be delivered to the person from whom the blood sample was taken together with 1 of the sealed containers containing part of the blood sample; (j) a copy of the signed certificate must be delivered by the medical practitioner or registered nurse together with the other sealed container containing part of the blood sample to a police officer or an approved courier; (k) a police officer to whom a copy of the signed certificate and the other sealed container is delivered under paragraph (j) must deliver the copy and container to Forensic Science SA or to an approved courier; (l) an approved courier to whom a copy of the signed certificate and the other sealed container is delivered under this regulation must deliver the copy and container to Forensic Science SA; (m) the blood sample container and copy of the certificate referred to in paragraph (j) must not be delivered into the possession of the person from whom the sample was taken; (n) on receipt of the blood sample container and certificate at Forensic Science SA, the blood in the container must be analysed as soon as reasonably practicable by or under the supervision of an analyst to determine the concentration of alcohol present in the blood expressed in grams in 100 millilitres of blood; (o) the analyst must then complete and sign a certificate certifying as to the following matters: (i) the date of receipt at Forensic Science SA of the blood sample container and the certificate accompanying the blood sample container; (ii) the identifying number appearing on the adhesive seal used to seal the blood sample container; (iii) the name and professional qualifications of the analyst; (iv) the concentration of alcohol found to be present in the blood expressed in grams in 100 millilitres of blood; (v) any factors relating to the blood sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis; (vi) any other information relating to the blood sample or analysis or both that the analyst thinks fit to include; (p) the analyst's certificate must be sent by post to the person from whom the blood sample was taken at the address shown as the person's address on the certificate accompanying the blood sample container; (q) a copy of the analyst's certificate must be sent to or retained on behalf of the Minister; (r) a copy of the analyst's certificate must also be sent to the Commissioner of Police; (s) the person from whom the blood sample was taken may cause the sample of blood as contained in the blood sample container delivered to that person to be analysed to determine the concentration of alcohol present in the blood. 23—Prescribed period for keeping blood samples and oral fluid samples (Schedule 1 clauses 2 and 7 of Act) For the purposes of clauses 2(e)(ii) and 7(e)(ii) of Schedule 1 of the Act, the prescribed period for which a container containing a sample of a person's blood or oral fluid (as the case requires) must be kept available for collection by or on behalf of that person is 12 months from the day on which the sample was taken from the person. 24—Information to be included on analyst's certificate (Schedule 1 clause 7 of Act) For the purposes of clause 7(f)(iv) of Schedule 1 of the Act, the required information in relation to any prescribed drug or drugs found to be present in the sample is information identifying the drug or drugs. 24A—Use of sample of oral fluid or blood taken for prescribed purpose (Schedule 1 clause 8 of Act) For the purposes of Schedule 1 clause 8(1)(b) of the Act, the following purposes are prescribed: (a) research for the purpose of identifying trends in drug use, with a view to informing the following: (i) the list of prescribed drugs in regulation 16; (ii) education campaigns to deter drug driving; (b) research for the purposes of the validation, development and furtherance of forensic research and methodologies. 25—Declaration of hospitals for compulsory blood testing (section 47I of Act) The institutions declared to be hospitals for the purposes of section 47I(19) of the Act are specified in Schedule 2. 26—Recurrent offenders—prescribed day (section 47J of Act) For the purposes of section 47J of the Act, the prescribed day is 1 February 2010. Division 3—Traffic speed analysers 27—Apparatus approved as traffic speed analysers (section 53A of Act) Pursuant to section 53A of the Act, the following are approved as traffic speed analysers: (a) a Genesis‑VP Directional Traffic Safety Radar; (b) a Kustom hand‑held radar traffic speed analyser; (c) a Kustom mobile radar traffic speed analyser; (d) a Kustom Prolaser II infrared light detection and ranging system manufactured by Kustom Signals Inc; (e) a Laser Technology Inc. LTI 20/20 TruSpeed laser; (ea) a RAPTOR RP-1 manufactured by Kustom Signals Inc.; (f) a REDFLEXpoint‑to‑point camera system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector; (g) a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector; (ga) a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector and a device programmed to automatically adjust the speed at which a vehicle will trigger the system during certain periods on certain days; (h) a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector, a Variable Speed Limit Sign and a closed‑circuit television camera; (i) a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector, a piezoelectric traffic sensor, a Variable Speed Limit Sign and a closed‑circuit television camera; (j) a REDFLEXradarcam mobile digital camera system (with or without tripod mounting) manufactured by Redflex Traffic Systems Pty Ltd of Australia; (ja) a REDFLEXradarcam mobile dual radar digital camera system (with or without tripod mounting) manufactured by Redflex Traffic Systems Pty Ltd of Australia; (k) a Traffipax Speedophot II; (l) a Traffipax Traffiphot III‑SR manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector; (m) a Traffipax Traffiphot III‑SRD manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector; (n) a Traffistar SR520 manufactured by Robot Visual Systems GmbH of Germany or Jenoptik Robot GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector; (o) an UltraLyte 100 LR Laser Speed Gun.