Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts4. Section 4 of the Principal Act is amended—
(a) by omitting from subsection (1) the definition of “prescribed concentration” and substituting the following definition:
“ ‘prescribed concentration'—
(a) in relation to a special driver—means .02 grams of alcohol per 100 millilitres of blood; and
(b) in relation to any other person—means .05 grams of alcohol per 100 millilitres of blood;”;
(b) by omitting from subsection (1) the definition of “offence involving alcohol or drugs”;
(c) by inserting in subsection (1) the following definitions:
“ ‘approved rehabilitation program'—
(a) in relation to alcohol dependence—means a program approved under section 44; and
(b) in relation to drug dependence within the meaning of the Drugs of Dependence Act 1989 —means treatment at an approved treatment centre under that Act;
‘level', in relation to a concentration of alcohol in blood, has the meaning given by subsection (3);
‘special driver' means—
(a) a person who is not licensed to drive a motor vehicle;
(b) the holder of a learner licence, provisional licence, probationary licence or special licence; or
(c) the driver of—
(i) a heavy motor vehicle;
(ii) a dangerous goods vehicle;
(iii) a Commonwealth vehicle;
(iv) a public motor vehicle;
(v) a private hire car; or
(vi) a restricted hire vehicle;”; and
(d) by adding at the end the following subsections:
“(3) A reference in this Act to a concentration of alcohol in blood at a level that is specified in the second column of the following table shall be read as a reference to a concentration of alcohol in 100 millilitres of blood that is specified in the third column of the table opposite that level:
1 | Level 1 | .02 grams or more but less than .05 grams |
| 2 | Level 2 |
.05 grams or more but less than .08 grams |
| 3 | Level 3 | .08 grams or more but less than .15 grams |
| 4 | Level 4 | .15 grams or more |
“(4) For the purposes of this Act, a person is not licensed to drive a motor vehicle of a particular kind if—
(a) the person's driving licence for such a vehicle is suspended under a law of the Territory;
(b) the person is disqualified by force of, or under, a law of the Territory from holding any driving licence or a driving licence for such a vehicle; or
(c) for any other reason, the person is—
(i) not the holder of a driving licence for such a vehicle; and
(ii) not entitled under section 107, 107A or 108 of the Motor Traffic Act 1936 to drive such a vehicle.”.