Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
4C Meaning of prescribed concentration of alcohol
For this Act, the prescribed concentration of alcohol in a person's blood or breath is—
(a) for a special driver—more than 0g of alcohol in 100mL of blood or 210L of breath; or
(b) for any other person—0.05g or more of alcohol in 100mL of blood or 210L of breath.
4D How alcohol concentration may be expressed
(1) For this Act, an analysis of a concentration of alcohol in a person's blood or breath may be expressed as follows:
(a) the amount of alcohol, in grams, in 100mL of blood if the analysis is based on—
(i) a sample of blood; or
(ii) a sample of breath measured by a breath analysis instrument;
(b) the amount of alcohol, in grams, in 210L of breath if the analysis is based on a sample of breath measured by a breath analysis instrument.
(2) For this Act, an amount of alcohol measured in grams as part of 210L of breath is equivalent to the same amount of alcohol in grams as part of 100mL of blood.
4E Reference to level of alcohol concentration
For this Act, a reference to a concentration of alcohol at a level mentioned in an item in table 4E, column 2, is a reference to the concentration of alcohol mentioned in the item, column 3, in 100mL of blood or 210L of breath.
Table 4E
|
column
2 | ||
|---|---|---|
| 1 | level 1 | less than 0.05g |
| 2 |
level 2 | 0.05g or more but less than 0.08g |
| 3 | level 3 | 0.08g or more but less than 0.15g |
| 4 | level 4 | 0.15g or more |
4F Meaning of first offender and repeat offender
(1) A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.
(2) A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if—
(a) the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted or found guilty of the relevant offence when the person committed the disqualifying offence); or
(b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
(3) However, a person who is convicted or found guilty of a disqualifying offence that was committed before the commencement of the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010 , section 8 is a repeat offender in relation to the offence only if—
(a) the person has been convicted or found guilty of a relevant offence within 5 years before being convicted or found guilty of the disqualifying offence; or
(b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
(4) Subsection (3) and this subsection expire 5 years after the day this section commences.
(5) In this section:
"relevant offence "means—
(a) a disqualifying offence; or
(b) a corresponding offence; or
(c) an offence against the Crimes Act 1900 , section 29 (Culpable driving of motor vehicle), in which the person who committed the offence was incapable of having proper control of a vehicle involved in the offence because of the influence of alcohol or a drug on the person.
Note Found guilty , of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 2005 , s 57 (Outstanding additional offences taken into account in sentencing), (see Legislation Act, dict, pt 1).
5 Authorisation of operators
(1) The chief police officer may authorise a police officer to carry out either or both of the following for this Act:
(a) breath analysis;
(b) oral fluid analysis.
(2) However, the chief police officer may authorise a police officer to carry out analysis mentioned in subsection (1) only if the chief police officer considers that the police officer is suitably qualified to carry out the analysis for which he or she is to be authorised.
5A Register of authorised operators
(1) The chief police officer must keep a register of police officers authorised under section 5.
(2) The register—
(a) must state whether a police officer is authorised to carry out breath analysis, oral fluid analysis or both; and
(b) must include the service number of each police officer authorised under section 5; and
(c) may include any other information the chief police officer considers appropriate.
(3) The register may be kept in any form, including electronically, that the chief police officer decides.
(4) The chief police officer may correct any mistake, error or omission in the register subject to any requirements prescribed by regulation.
(5) The chief police officer may change a detail included in the register to keep the register up-to-date.
(6) The register must be available for public inspection, free of charge, during normal business hours on any business day.
5B Appointment of analysts
The road transport authority may appoint a person as an analyst for this Act.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
6 Approval of laboratories
The road transport authority may, in writing, approve a laboratory or other entity as an approved laboratory for this Act.