51 Regulation-making power
The Executive may make regulations for this Act.
Schedule 1 Drugs
Schedule 1 Drugs
(see dict, def drug)
1 Amitriptyline and other tricyclic antidepressants
2 Antihistamines, and all tertiary nitrogenous organic bases that possess
pharmacological properties characteristic of antihistamine substances
3 Barbituric acid and its derivatives
4 Carbromal
5 Chloral hydrate and its derivatives
6 Chloradiazepoxide and other substances structurally derived from
benzodiazepine with ataractic properties
7 Chlormezanone
8 Chlorpromazine and other substances structurally derived from
phenothiazine with ataractic properties
9 Chlorprotixene and other thioxanthines
10 Ethchlorvynol
11 Ethinamate
12 Glutehimide
13 Haloperidol and other substances structurally derived from
butyrophenone with ataractic properties
14 Meprobamate
15 Mianserin and other tetracyclic antidepressants
16 Paraldehyde
17 Phenelzine and other monoamine oxidase inhibitors with ataractic
properties.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• doctor
• exercise
• fail
• found guilty (of an offence)
• nurse
• nurse practitioner.
Note 3 The Road Transport (General) Act 1999 contains definitions relevant to
this Act. For example, the following terms are defined in the Road
Transport (General) Act 1999, dictionary:
• another jurisdiction
• bicycle
• combination
• driver
• jurisdiction
• light rail vehicle
• motor vehicle
• ride
• road
• road related area
• road transport authority (or authority) (see s 16)
• road transport legislation (see s 6)
• vehicle.
Note 4 If a word or expression is defined in an Act (but not a regulation or
another publication) included in the road transport legislation, the
definition applies to each use of the word or expression in other road
transport legislation unless the contrary intention appears (see Road
Transport (General) Act 1999, s 8).
accident means an accident on a road or road related area, whether
within or outside the ACT, that involves a motor vehicle.
alcohol screening device—see section 7.
alcohol screening test, for a person, means a test of a sample of the
person’s breath using an alcohol screening device.
analyst means a person appointed by the road transport authority
under section 5B.
approved laboratory means a laboratory or other entity approved by
the road transport authority under section 6.
Australian driver licence—see the Road Transport (Driver
Licensing) Act 1999, dictionary.
authorised operator means the following:
(a) for breath analysis—a police officer who has been authorised
under section 5 to carry out breath analysis for this Act;
(b) for oral fluid analysis—a police officer who has been authorised
under section 5 to carry out oral fluid analysis for this Act.
breath analysis, in relation to a person, means an analysis of a sample
of the person’s breath carried out for this Act by a breath analysis
instrument.
breath analysis instrument—see section 7A.
corresponding offence means an offence against a law of another
jurisdiction that corresponds to a disqualifying offence, and includes
any offence against the law of another jurisdiction arising out of the
driving of a motor vehicle by a person who is or may be affected by
alcohol, a drug or both.
court means—
(a) in relation to proceedings in or a matter before, or in relation to
proceedings or matters that may be brought in or before, the
Supreme Court—the Supreme Court; and
(b) in relation to proceedings in or a matter before, or in relation to
proceedings or matters that may be brought in or before, the
Magistrates Court—the Magistrates Court.
disqualifying offence means an offence against—
(a) section 19 (Prescribed concentration of alcohol in blood or
breath); or
(b) section 20 (Prescribed drug in oral fluid or blood––driver or
driver trainer); or
(c) section 21 (Prescribed concentration of alcohol and prescribed
drug in bodily fluid); or
(d) section 22 (Refusing to provide breath sample); or
(e) section 22A (Refusing to provide oral fluid sample); or
(f) section 22C (Refusing to undergo screening test); or
(g) section 23 (Refusing blood test etc); or
(h) section 24 (Driving under the influence of intoxicating liquor or
a drug); or
(i) another provision of this Act prescribed by regulation.
drive a motor vehicle includes—
(a) start or attempt to start the engine of the vehicle; and
(b) put or attempt to put the vehicle in motion; and
(c) be in, and in charge of, the vehicle; and
(d) be in control of the steering, movement or propulsion of the
vehicle; and
(e) if the vehicle can be ridden—ride the vehicle.
driver licence—see the Road Transport (Driver Licensing) Act 1999,
driver trainer––see section 4BA.
drug means—
(a) a substance specified in schedule 1; or
(b) a controlled drug within the meaning of the Criminal Code,
chapter 6 (Serious drug offences); or
(c) any other substance that, on its own or in combination with
alcohol, may influence the driving of the person who has taken
the drug.
drug screening device—see section 7B.
drug screening test, for a person, means a test of a sample of the
person’s oral fluid using a drug screening device.
external driver licence—see the Road Transport (Driver Licensing)
Note An external driver licence is a foreign driver licence or an external
territory driver licence.
external territory driver licence––see the Road Transport (Driver
Licensing) Act 1999, dictionary.
first offender—see section 4F.
GCM—see the Road Transport (Vehicle Registration) Act 1999,
GVM—see the Road Transport (Vehicle Registration) Act 1999,
level, for a concentration of alcohol in blood or breath—see
section 4E.
medical examination means an examination by a doctor or nurse
practitioner.
offence of culpable driving, for a person, means—
(a) an offence against the Crimes Act 1900, section 29 (Culpable
driving of motor vehicle); or
(b) any other offence against the Crimes Act 1900 if a necessary fact
to constitute the offence is that someone dies or is injured
because of, or as a result of, the way a person drove a motor
vehicle.
one-way box means a locked box, with a hole capable of receiving
containers of blood samples, from which the containers cannot be
removed unless the box is unlocked with a key kept by an approved
analyst.
oral fluid analysis, in relation to a person, means an analysis of a
sample of the person’s oral fluid carried out for this Act using an oral
fluid analysis instrument.
oral fluid analysis instrument—see section 7C.
personal mobility device—see the Road Transport (Road Rules)
Regulation 2017, section 18A.
prescribed concentration—
(a) for a special driver—see section 4C (a); and
(b) for any other person—see section 4C (b).
prescribed drug means a drug prescribed by regulation.
registered operator—see the Road Transport (Vehicle Registration)
repeat offender—see section 4F.
responsible person, for a vehicle—see the Road Transport (General)
Act 1999, section 10.
restricted licence—see the Road Transport (Driver Licensing)
sampling facility means a facility prescribed by regulation to which
a person may be taken for the purpose of having—
(a) a blood sample taken by a doctor or nurse for analysis under
part 2 (Examination of people for alcohol or drugs); or
(b) a medical examination under part 2.
Examples––sampling facility
1 a police station
2 a police vehicle equipped for the purpose of taking blood samples
special driver—see section 4B.
About the endnotes 1
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
This Act was originally a Commonwealth ordinance—the Motor Traffic (Alcohol
and Drugs) Ordinance 1977 A1977-17 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s
5 on 11 May 1989 (self-government day).
It was renamed as the Road Transport (Alcohol and Drugs) Act 1977 by the Road
Transport Legislation Amendment Act 1999 (see sch 3).
Before 11 May 1989, ordinances commenced on notification day unless otherwise
stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on notification
day unless otherwise stated (see Australian Capital Territory (Self-Government)
Act 1988 (Cwlth), s 25).
Legislation before becoming Territory enactment
Road Transport (Alcohol and Drugs) Act 1977 A1977-17
notified 21 June 1977 (Cwlth Gaz 1977 No S111)
commenced 1 December 1977 (s 2 and Cwlth Gaz 1977 No S242)
as amended by
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1977
Ord1977-52
notified 27 September 1977 (Cwlth Gaz 1977 No S206)
commenced 27 September 1977
Ordinances Revision Ordinance 1978 Ord1978-46
notified 28 December 1978 (Cwlth Gaz 1978 No S292)
commenced 28 December 1978
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1980
Ord1980-37
notified 14 October 1980 (Cwlth Gaz 1980 No S231)
commenced 14 October 1980
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance 1981
Ord1981-16
notified 30 June 1981 (Cwlth Gaz 1981 No S128)
commenced 30 June 1981
Motor Traffic (Alcohol and Drugs) (Amendment) Ordinance (No 2)
Section 51 - Road Transport (Alcohol and Drugs) Act 1977 - Regulation-making power | Zoe