You may have a sample of your blood taken and analysed if you wish.
For that purpose, you must request the breath analysis operator to supply you with an approved blood test kit (you must sign a written request form for the kit and should retain a copy of the signed request form).
You should then proceed promptly to a hospital, medical practitioner or registered nurse of your choice and request that a sample of your blood be taken (using the blood test kit).
Do not consume any further alcohol before the sample is taken.
Do not open the blood test kit.
The medical practitioner or registered nurse taking the sample of your blood will divide it and place it into two containers and seal the containers. One container will be delivered to you—do not break the seal on this container.
Sign the form presented to you by the medical practitioner or registered nurse—the original of the form will be given to you which you should retain.
You may, if you wish, have the blood sample (in the container delivered to you) analysed at a laboratory to determine the concentration of alcohol present in the blood.
The other blood sample container will, in any event, be sent to Forensic Science SA where the blood will be analysed. The results of this analysis will be sent to you at your address (as indicated on the form presented to you by the medical practitioner or registered nurse who took the blood sample).
Form 5—Request
(Section 47K(2a)(b) of Act)
Form 6—Certificate
(Section 47K(1a) of Act and regulation 22)
Part A—Blood test for alcohol (Certificate of medical practitioner or registered nurse)
The certificate signed by the medical practitioner or registered nurse that accompanies a sample of blood pursuant to section 47K of the Act must include the following information:
(a) the name of the medical practitioner or registered nurse who took the sample;
(b) the place at which the sample was taken (the name of the hospital/surgery/medical institution);
(c) the time at which the sample was taken;
(d) the date on which the sample was taken;
(e) the name and address of the patient from whom the sample was taken;
(f) the identifying number for the sample;
(g) the signature of the medical practitioner or registered nurse who took the sample.
The following statement must be included on the certificate immediately above the signature block of the medical practitioner or registered nurse:
I placed the sample of blood, in approximately equal portions, in 2 containers (being the containers provided as part of the blood test kit that was delivered to me by the patient) and secured the caps. I then sealed each container by application of adhesive seal (bearing the identifying number specified below) provided as part of the blood test kit. I delivered 1 of the sealed containers containing part of the blood sample by giving the container to the patient. I witnessed the patient's signature.
Part B—Patient's container
Patient's container
On receipt of the sealed container of blood (being 1 of the 2 containers provided as part of the blood test kit that was delivered to a medical practitioner or registered nurse who takes the patient's blood sample) the patient must mark their signature to acknowledge receipt of the sealed container containing part of the blood sample.
Part C—Police container
Police container
The medical practitioner or registered nurse who took a sample of blood pursuant to section 47K of the Act must—
(a) indicate that they delivered 1 of the sealed containers containing part of the blood sample to a police officer or an approved courier by—
(i) placing the container in a secured blood box (include blood box number); or
(ii) giving the container to a police officer or an approved courier; and
(b) mark their signature to acknowledge that they have provided the sealed container containing part of the blood sample to a police officer or an approved courier.
This form may be combined with a form required for the purposes of section 73(2) of the Harbors and Navigation Act 1993 and section 20(2) of the Rail Safety National Law (South Australia) Act 2012.
Form 7—Notice
Road Traffic Act 1961, Notice under section 79B(5) & (6)
Entitlement to view photographic evidence
You are entitled to see the photographic evidence.
A copy of the photographic evidence on which the allegation is based:
• will, on written application to the Commissioner of Police at the Expiation Notice Branch [insert address], be sent by post to you at the address nominated by you in the written application or, in the absence of such a nomination, to your last known address; and
• may be viewed—
• online by following the instructions available at [insert website]; or
• by telephoning the Expiation Notice Branch on [insert phone number] and making an appointment.
Statutory Declarations
The Commissioner of Police will, in relation to the question of withdrawal of the expiation notice, reminder notice or information, give due consideration to any exculpatory evidence (ie evidence indicating that you have a defence under the relevant legislation or are otherwise not liable for the offence) that is verified by statutory declaration. A statutory declaration must be furnished to the Commissioner before the due date for payment specified in the enclosed expiation notice or expiation reminder notice or, if the enclosed document is a summons, within 28 days after the date of issue of the summons.
You must provide the following information in the statutory declaration:
• your full name and address; and
• expiation notice number (where relevant); and
• motor vehicle registration number; and
• details of the defence or other exculpatory circumstances (in keeping with the requirements of the relevant legislation).
If the allegation of an offence against section 79B of the Act, or an allegation of a speeding or reckless or dangerous driving offence, is based on evidence of the average speed of the vehicle between 2 locations you would need to provide this information in relation to each person who drove the vehicle during that time (if there was more than 1) and in the case of an offence against section 79B of the Act state whether or not you were 1 of those persons.
If, for example, you sold the vehicle before the commission of the alleged offence you would need to provide details of that sale including the date on which it occurred and the name and address of the purchaser.
The statutory declaration must be witnessed by one of the following:
• Justice of the Peace (including ID No.)
• Proclaimed Police Officer
• Commissioner for taking affidavits
• any other person before whom a statutory declaration may be made under the Oaths Act 1936.
NOTE: It is an offence to make a statutory declaration that you know to be untrue in a material particular. The maximum penalty is 4 years imprisonment.
A completed statutory declaration must either be lodged in accordance with instructions available at [insert website] or sent by post to the Expiation Notice Branch [insert address].
Driver Nominations (section 79B(2)(b))
If you are the owner of a vehicle involved in the commission of a prescribed offence (within the meaning of section 79B of the Act) and you were not the driver at the time, you may, in accordance with section 79B(2)(b) of the Act, state the name and address of the person who was driving the vehicle at the time by making a nomination in accordance with the form accessible from the Expiation Notice Branch at [insert website].
A driver nomination form must be given to the Commissioner of Police before the due date for payment specified in the enclosed expiation notice or expiation reminder notice or, if the enclosed document is a summons, within 28 days after the date of issue of the summons or within such longer period as the Commissioner may allow if satisfied that exceptional circumstances exist.
The Commissioner of Police may require a person who makes a nomination under section 79B(2)(b) of the Act to verify the information contained in the nomination by statutory declaration.
NOTE: It is an offence to make a nomination that is false or misleading in a material particular. The maximum penalty is $25 000 or 4 years imprisonment.
A completed driver nomination form must either be lodged in accordance with instructions available at [insert website] or sent by post to the Expiation Notice Branch [insert address].
General information
Further information regarding expiation notices, statutory declarations, nomination forms and photographic evidence can be found at [insert website].
Motor Vehicles Act 1959, Notice under Schedule 1 clause 3
Entitlement to view photographic evidence
You are entitled to see the photographic evidence.
A copy of the photographic evidence on which the allegation is based:
• will, on written application to the Commissioner of Police at the Expiation Notice Branch [insert address], be sent by post to you at the address nominated by you in the written application or, in the absence of such a nomination, to your last known address; and
• may be viewed—
• online by following the instructions available at [insert website]; or
• by telephoning the Expiation Notice Branch on [insert phone number] and making an appointment.
Statutory Declarations
The Commissioner of Police will, in relation to the question of withdrawal of the expiation notice, reminder notice or information, give due consideration to any exculpatory evidence (ie evidence indicating that you have a defence under the relevant legislation or are otherwise not liable for the offence) that is verified by statutory declaration. A statutory declaration must be furnished to the Commissioner before the due date for payment specified in the enclosed expiation notice or expiation reminder notice or, if the enclosed document is a summons, within 21 days after the date of issue of the summons.
You must provide the following information in the statutory declaration:
• your full name and address; and
• expiation notice number (where relevant); and
• motor vehicle registration number; and
• details of the defence or other exculpatory circumstances (in keeping with the requirements of the relevant legislation).
Example—
If, in relation to an offence against section 9(3) or 102(2) of the Motor Vehicles Act 1959, you are claiming the defence set out in section 9(4a) or 102(3aa), you would need to specify that the vehicle was not driven or left standing on the road by you at the time of the alleged offence and you would need to provide details of the steps you took to ensure that people who might use the vehicle would have been aware that it was unregistered or uninsured.
If, in relation to an offence against section 9(1) of the Motor Vehicles Act 1959, you are claiming the defence set out in section 9(1c), you would need to provide information that you were not the owner or the registered operator of the vehicle and that you did not know, and could not reasonably be expected to have known, that the vehicle was unregistered.
The statutory declaration must be witnessed by one of the following:
• Justice of the Peace (including ID No.)
• Proclaimed Police Officer
• Commissioner for taking affidavits
• any other person before whom a statutory declaration may be made under the Oaths Act 1936.
NOTE: It is an offence to make a statutory declaration that you know to be untrue in a material particular. The maximum penalty is 4 years imprisonment.
A completed statutory declaration must either be lodged in accordance with instructions available at [insert website] or sent by post to the Expiation Notice Branch [insert address].
General information
Further information regarding expiation notices, statutory declarations and photographic evidence can be found at [insert website].
Form 8—Certificate of inspection
(Section 163D(2) of Act)