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TRAFFIC (AMENDMENT) ACT 1997 (NO. 54 OF 1997) - SECT 4

Insertion

4. After section 35 of the Principal Act the following section is inserted:

“36. (1) In this section—

‘accident' means an accident on a public street or in a public place, whether within or outside the Territory;
‘applied provision' means a provision of the Motor Traffic (Alcohol and Drugs) Act 1977 referred to in subsection (3).

“(2) This section applies to a person who appears to have attained the age of 15 years and attends, or is admitted to, a hospital for the purpose of examination or treatment as a consequence of an accident—

        (a)     involving a vehicle that he or she was driving or attempting to drive;

        (b)     involving an animal that he or she was riding, driving or attempting to ride or drive; or

        (c)     in which he or she was involved as a pedestrian.

“(3) Sections 15AA, 15A, 15B, 16, 16A, 17, 23 and 41A of the Motor Traffic (Alcohol and Drugs) Act 1977 apply to, or in relation to, a person to whom this section applies or a sample taken from the body of such a person as if such a person were a person who is a driver involved in an accident for the purposes of that Act.

“(4) A medical practitioner or nurse who, for the purposes of an applied provision, takes a sample or carries out a medical examination, is entitled to the same indemnity as he or she would be entitled to under section 18 of the Motor Traffic (Alcohol and Drugs) Act 1977 for carrying out a procedure referred to in subsection 18 (5) of that Act.

“(5) In proceedings under an applied provision, a certificate referred to in paragraph 41 (1) (c), (cb), (cc) or (d) of the Motor Traffic (Alcohol and Drugs) Act 1977 has the same validity and effect as it would have in proceedings under that Act.”.



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