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ROAD TRANSPORT (ALCOHOL AND DRUGS) AMENDMENT REGULATION 2012 (NO 1) (NO 35 OF 2012)
2012
THE
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT (ALCOHOL AND DRUGS) AMENDMENT
REGULATION 2012 (No 1)
SUBORDINATE LAW
SL2012-35
EXPLANATORY
STATEMENT
Presented by
Mr Simon Corbell
Attorney General
This Regulation is made under section 51 of the Road Transport
(Alcohol and Drugs) Act 1977 (the Act) and the definition of sampling
facility in the Dictionary to that Act. That definition relevantly
provides:
sampling facility means a facility prescribed by
regulation to which a person may be taken for the purpose of having a blood
sample taken by a doctor or nurse for analysis under part 2 (Examination of
people for alcohol or drugs).
Prior to the insertion of the definition of
sampling facility into the Act in 2011, a blood sample could only
be taken from a person in custody by a doctor or nurse at a hospital. As the
Explanatory Statement for the 2011 amendments explained, allowing blood samples
to be taken at other places would mean that a driver need not be taken to
hospital emergency departments for a routine blood sample, as was previously the
practice, unless the driver also requires emergency medical treatment. This
change would enable police and hospital resources to be used more efficiently.
It may also reduce the amount of time a driver is required to spend in custody,
as a driver would no longer need to be transported to and from hospital to take
a blood sample.
This regulation prescribes certain places and vehicles
that may be used as sampling facilities under the
Act.
Notes on clauses
Clause 1 Name of
Regulation
This is a formal provision that provides for the name of
the regulation.
Clause 2 Commencement
This clause provides
for the regulation to commence the day after its notification.
Clause
3 Legislation amended
This clause explains that the amendments in
this regulation affect the Road Transport (Alcohol and Drugs) Regulation
2000.
Clause 4 New section 6
This clause inserts new
section 6 into the Road Transport (Alcohol and Drugs)
Regulation 2000. New section 6 (1) prescribes places and things that
are sampling facilities for the Act. These are police stations and certain
police vehicles.
The types of police vehicles that may be used as
sampling facilities are a truck, bus or trailer that is equipped for the purpose
of conducting alcohol or drug testing under the Act. These vehicles are
sufficiently large to accommodate the equipment required for carrying out blood
testing safely. New section 6 (2) contains definitions of the terms
bus, police station, police
vehicle, trailer and truck.