Australian Capital Territory Numbered Acts

MOTOR TRAFFIC (ALCOHOL AND DRUGS) (AMENDMENT) ACT 1989 (NO. 24 OF 1989) - SECT 4

4. Section 14 of the Principal Act is amended—

    (a)     by inserting in subsection (1) “or her” after “his” (first occurring);

    (b)     by omitting paragraphs (1) (a) and (b) and substituting the following paragraph:

    “(a)     in the case of an accident—

              (i)     where the person is taken to hospital—if more than 2 hours have elapsed since his or her arrival at the hospital; or

              (ii)     in any other case—if more than 2 hours have elapsed since the accident occurred; or”;

    (c)     by inserting after subsection (1) the following subsection:

“(1A) Where subparagraph (1) (a) (ii) applies and—

        (a)     a police officer attending the scene of the accident has doubt as to the time at which the accident occurred;

        (b)     the relevant person is found at or near the scene of the accident; and

        (c)     the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident;

subsection (1) applies in relation to that person if more than 2 hours have elapsed since the person was found.”;

    (d)     by inserting in subsection (2) “or her” after “his” (wherever occurring);

    (e)     by inserting in paragraph (2) (a) “or not practicable” after “dangerous”; and

    (f)     by omitting from paragraph (2) (a) “or both”.