Australian Capital Territory Numbered Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) LEGISLATION AMENDMENT ACT 2010 (NO. 47 OF 2010) - SECT 90

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47B     Police may direct person not to drive

    (1)     This section applies if—

        (a)     a person has been required under part 2 (Examination of people for alcohol or drugs) to undergo a drug screening test or to give a sample of oral fluid or blood for analysis; and

        (b)     a police officer has reasonable cause to suspect that the person's ability to drive a motor vehicle safely is impaired by a prescribed drug.

Examples—reasonable cause

              •     the way the person is driving

              •     the way the person is behaving

              •     an oral fluid analysis the person was required to undergo indicates that a prescribed drug is present in the person's oral fluid

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The police officer may direct the person not to drive a motor vehicle.

    (3)     The direction must—

        (a)     be in writing; and

        (b)     state the period, not longer than 12 hours, for which the person must not drive a motor vehicle; and

        (c)     be signed by the police officer.

    (4)     The person commits an offence if the person fails to comply with the direction.

Maximum penalty: 10 penalty units.

Note     Fail includes refuse, see the Legislation Act, dict, pt 1.

    (5)     An offence against subsection (4) is a strict liability offence.

    (6)     On request by the person, the chief police officer may revoke the direction if satisfied on reasonable grounds that the person's ability to drive a motor vehicle safely is no longer impaired by a prescribed drug.

47C     Conducting alcohol-related tests and drug-related tests at same time

    (1)     Nothing in this Act prevents a police officer requiring a person to undergo an alcohol-related test and a drug-related test at the same time.

    (2)     In this section:

"alcohol-related test" means—

        (a)     an alcohol screening test under division 2.2 (Alcohol—screening tests); or

        (b)     a breath analysis under division 2.3 (Alcohol—confirmatory tests); or

        (c)     an analysis of blood for alcohol under 2.7 (Analysis of person's blood—alcohol and drugs).

"drug-related test" means—

        (a)     a drug screening test under division 2.4 (Prescribed drugs—screening tests); or

        (b)     an oral fluid analysis under division 2.5 (Prescribed drugs—confirmatory tests); or

        (c)     an analysis of blood for a prescribed drug under 2.7 (Analysis of person's blood—alcohol and drugs).