Road Safety (Alcohol and Drugs) Act 1970


Tasmanian Crest
Road Safety (Alcohol and Drugs) Act 1970

An Act to protect the public against certain persons who drive vehicles after consuming intoxicating liquor or drugs and to restrict the right of such persons to hold driver's licences; and to amend the Evidence Act 1910 and the Traffic Act 1925

[Royal Assent 11 January 1971]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

(1)  This Act may be cited as the Road Safety (Alcohol and Drugs) Act 1970 .
(2)  This Act shall commence on a date to be fixed by proclamation.

2.   Interpretation

[Section 2 Amended by No. 18 of 1974, s. 2 ][Section 2 Amended by No. 94 of 1975, s. 2 ][Section 2 Amended by No. 91 of 1982, s. 3 ][Section 2 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 ]
(1)  [Section 2 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –
approved analyst has the meaning assigned to that expression by section 3 (5) ;
approved operator has the meaning assigned to that expression by section 3 (6) ;
breath analysing instrument means any apparatus that is designed for ascertaining, by analysis of a person's breath, the concentration of alcohol present in his blood (being apparatus of a type approved by the Governor by notice in the Gazette);
breath analysis means a procedure carried out by a breath analysing instrument for the purpose of ascertaining, by analysis of a person's breath, the concentration of alcohol present in his blood;
breath test means a test for the purpose of indicating the concentration of alcohol present in a person's blood, carried out on that person's breath by means of a device (not being a breath analysing instrument) of a type approved for the purposes of such a test by the Governor by notice in the Gazette;
medical practitioner means a legally-qualified medical practitioner;
prescribed concentration means a concentration of 0·05 of a gram of alcohol in 100 millilitres of blood;
qualified nurse means a person who is registered or enrolled as a nurse under the Nursing Act 1995 ;
supervising analyst means the supervising analyst appointed under section 3 (1) .
(2)  [Section 2 Subsection (2) amended by No. 44 of 1991, s. 4 ]In this Act, unless the contrary intention appears, the expressions "drive", "driver's licence", "learner's licence", "motor vehicle", "provisional licence", "public street", "registering authority", and "vehicle" have the same meaning as they have for the purposes of the Traffic Act 1925 .
(2A)  [Section 2 Subsection (2A) inserted by No. 44 of 1991, s. 4 ]In this Act, public vehicle means –
(a) a vehicle that is required to be licensed under Part III of the Traffic Act 1925 ; and
(b) any other vehicle constructed primarily for the carriage of passengers exceeding 11 in number exclusive of the driver; and
(c) a vehicle not constructed for the carriage of passengers with a gross vehicle mass exceeding 4·5 tonnes or a gross combination mass exceeding 7·5 tonnes.
(3)  [Section 2 Subsection (3) substituted by No. 91 of 1982, s. 3 ]A reference in this Act to the liability of a person to submit to a breath analysis or a medical examination is a reference to such a liability arising under section 7A (4) , 8 (1) , 8 (2) , 8 (3) , or 9 (2) .
(3A)  [Section 2 Subsection (3A) inserted by No. 91 of 1982, s. 3 ]For the purposes of this Act, a reference to a relevant time is a reference to –
(a) in relation to a person who becomes liable to submit to a breath analysis by virtue of section 7A (4) – the time of the last act of driving by the person before that person became so liable;
(b) in relation to a person who becomes liable to submit to a breath analysis under section 8 (1) – the time when the person was first found by the police officer;
(c) in relation to a person who becomes liable to submit to a breath analysis under section 8 (2) – the time at which the act constituting the offence occurred;
(d) in relation to a person who becomes liable to submit to a breath analysis under section 8 (3)
(i) where the person concerned was first found by a police officer after the accident at or near the place of the accident or at, or being conveyed to, a place for the purpose of receiving medical treatment – the time at which that person is so found; or
(ii) in any other case – the time of the accident; and
(e) in relation to a person who becomes liable to submit to a medical examination under section 9 (2) – the time at which the person last drove a motor vehicle before the requirement under section 9 (1) was made.
(4)  [Section 2 Subsection (4) amended by No. 91 of 1982, s. 3 ]A reference in this Act to the driving of a vehicle or a motor vehicle shall be construed as including a reference to the having charge of that vehicle or motor vehicle, and a person may, having regard to the particular circumstances of the case, be regarded as driving a motor vehicle for the purposes of this Act notwithstanding that the motor vehicle is stationary or that he may have alighted from the vehicle.

3.   The supervising analyst, &c.

(1)  [Section 3 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Minister may, with the approval of the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint an employee employed in that Agency to be a supervising analyst for the purposes of this Act, and such employee may hold office as a supervising analyst in conjunction with his position in the State Service.
(2)  No person shall be appointed the supervising analyst unless he is an approved analyst or has the qualifications prescribed for the purposes of subsection (5) (b) .
(3)  [Section 3 Subsection (3) omitted by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  
(4)  The supervising analyst has such functions as may be prescribed in relation to the following matters, that is to say:
(a) the maintenance, testing, and use of breath analysing instruments required for the purposes of this Act;
(b) the training of persons to be approved operators, and the instruction of approved operators;
(c) the making and keeping of records relating to the maintenance, testing, and use of breath analysing instruments required for the purposes of this Act.
(5)  [Section 3 Subsection (5) amended by No. 29 of 1984, s. 3 and Sched. 1 ]For the purposes of this Act an approved analyst is –
(a) the Government Analyst; or
(b) any other person, being a person possessing prescribed qualifications, who is an employee, within the meaning of the Tasmanian State Service Act 1984 , or is employed on the teaching staff of the University of Tasmania and who is declared by the Governor, by notice in the Gazette, to be an approved analyst for the purposes of this Act.
(6)  For the purposes of this Act an approved operator is a police officer who is authorized by the Commissioner of Police in accordance with regulations under this Act to operate breath analysing instruments.
(7)  [Section 3 Subsection (7) omitted by No. 94 of 1975, s. 3 ].  .  .  .  .  .  .  .  
PART II - Offences related to the taking of alcohol and drugs and the detection thereof
Division 1 - Driving under the influence of alcohol or drugs

4.   Driving while under the influence of intoxicating liquor or drugs

A person who drives a vehicle while under the influence of –
(a) intoxicating liquor; or
(b) a drug –
to such an extent as to be incapable of having proper control of the vehicle, is guilty of an offence.

5.   Powers of arrest, &c.

(1)  A police officer may arrest without warrant any person found offending against section 4 and may take charge of and remove any vehicle in the charge of, or driven by, the person so arrested, and remove the same to any convenient place for safe-keeping.
(1AA)  [Section 5 Subsection (1AA) inserted by No. 44 of 1991, s. 5 ]A police officer may –
(a) arrest without warrant a person who, without reasonable excuse, fails or refuses to comply with a requirement or direction, as the case may be, made to that person by the police officer under section 10 (4) or 10A (1) ; and
(b) take charge of any vehicle in the charge of that person and remove it to a convenient place for safe-keeping.
(1A)  [Section 5 Subsection (1A) inserted by No. 18 of 1974, s. 3 ]Where a police officer has, as a result of a breath analysis, reasonable grounds for believing that a person has committed an offence against section 6 he may arrest that person without warrant, and may take charge of any vehicle in the charge of that person and remove it to any convenient place for safe-keeping.
(1B)  [Section 5 Subsection (1B) substituted by No. 94 of 1975, s. 4 ]Where a police officer has taken charge of a motor vehicle under this section it shall be delivered to any person who has a right to its possession, unless a police officer notifies the person claiming it that he has reasonable grounds for believing that, if that person then drove that motor vehicle on a public street, he would be committing an offence.
(2)  [Section 5 Subsection (2) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Upon the hearing of any proceedings against a person who has been arrested under this section in respect of the circumstances occasioning the arrest, a court may order him to pay any costs or expenses incurred in connection with the taking charge, removal, or custody of that vehicle as provided by this section, if it is of opinion that there was reasonable ground for incurring the same.
(3)  Nothing in this section prejudices or affects the operation of section 41A of the Traffic Act 1925 .

6.   Driving with excessive concentration of blood alcohol

(1)  Any person who drives a motor vehicle while alcohol is present in his blood in a concentration greater than the prescribed concentration is guilty of an offence.
(2)  [Section 6 Subsection (2) substituted by No. 94 of 1975, s. 5 ]A person to whom, by virtue of subsection (3) , this subsection applies who drives a motor vehicle while alcohol is present in his body is guilty of an offence.
(3)  [Section 6 Subsection (3) substituted by No. 51 of 1977, s. 2 ][Section 6 Subsection (3) substituted by No. 44 of 1991, s. 6 ] Subsection (2) applies to a person –
(a) who does not hold an authority to drive a motor vehicle; or
(b) who is driving a public vehicle; or
(c) who has, after the commencement of the Road Safety (Alcohol and Drugs) Amendment Act 1991 , been convicted of –
(i) the crime of manslaughter arising out of the driving of a motor vehicle; or
(ii) the crime of causing death by dangerous driving –
if, as a result of the course of conduct giving rise to that crime, that person was also convicted of an offence under section 4 of this Act or this section; or
(d) who has been convicted of 3 or more offences under this Act arising from at least 3 separate incidents where at least one of those offences was committed after the commencement of the Road Safety (Alcohol and Drugs) Amendment Act 1991 .
(3A)  [Section 6 Subsection (3A) substituted by No. 51 of 1977, s. 2 ][Section 6 Subsection (3A) substituted by No. 44 of 1991, s. 6 ]For the purposes of subsection (3) , a person is to be taken not to hold an authority to drive a motor vehicle unless the person –
(a) holds a licence or other authority (not being a provisional licence or a learner's licence) issued or granted in this State or elsewhere, authorizing the person to drive on a public street a class of motor vehicles that includes that motor vehicle; or
(b) satisfies the court that he or she would, but for an unintentional failure to comply with an administrative requirement, be the holder of such a licence or other authority.
(4)  [Section 6 Subsection (4) substituted by No. 94 of 1975, s. 5 ][Section 6 Subsection (4) amended by No. 51 of 1977, s. 2 ]In subsection (3A) , a learner's licence means any licence of a kind prescribed as a licence issued for the purpose of enabling the holder thereof to learn to drive a motor vehicle.

7.   Consumption, &c., of intoxicating liquor in motor vehicles

(1)  No person shall drive a motor vehicle while he is consuming intoxicating liquor.
(2)  No person shall drive a motor vehicle while any person in the vehicle is, to his knowledge, consuming intoxicating liquor.
(3)  No person shall, in a motor vehicle that is in motion, consume any intoxicating liquor.
(4)  [Section 7 Subsection (4) amended by No. 94 of 1975, s. 6 ]A person who contravenes any provision of this section is guilty of an offence.
Division 2 - Examination of persons for alcohol or drugs

7A.   Power of police officer to require driver of motor vehicle to undergo breath test

[Section 7A Inserted by No. 91 of 1982, s. 4 ]
(1)  A police officer may require any person who is driving a motor vehicle on a public street to undergo, at or near the place where the requirement is made, a breath test and, for the purpose of enabling him to make such a request, may, if necessary, direct that person, by signal or otherwise, to stop his vehicle.
(2)  A requirement or direction under subsection (1) may be made by a police officer whether or not he has grounds for suspecting that a person may have consumed intoxicating liquor.
(3)  Where under subsection (1) a police officer requires a person to undergo a breath test, that person shall comply with the requirement in the presence of that officer or another police officer and in accordance with such directions as may be given by that officer or that other officer.
(4)  Where, after requiring a person to undergo a breath test in accordance with this section, a police officer reasonably believes that alcohol may be present in that person's blood, whether as a result of such a test or not, that person becomes liable to submit to a breath analysis.
(5)  It is the duty of a police officer to ensure that he does not cause a person to be detained for a period longer than is necessary for the proper exercise of the powers conferred by this section.

8.   Liability for breath test as a result of conduct

[Section 8 Substituted by No. 91 of 1982, s. 5 ]
(1)  Where at any time a police officer finds a person in circumstances which give him cause to suspect that alcohol may be present in that person's blood and the police officer reasonably believes that, immediately preceding that time, that person drove a motor vehicle on a public street while that alcohol was so present, that person becomes liable to submit to a breath analysis.
(2)  Where a police officer reasonably believes that, while a motor vehicle was in motion, an offence under section 167A of the Criminal Code or under the Traffic Act 1925 was committed, the person (if any) who was driving the vehicle when it was in motion becomes liable to submit to a breath analysis.
(3)  Where a police officer reasonably believes that, while a motor vehicle was in motion, the vehicle became involved in an accident, the person (if any) who was driving the vehicle at the time of the accident becomes liable to submit to a breath analysis.
(4)  Without affecting the generality of subsection (1) , a police officer may, for the purpose of forming the suspicion referred to in that subsection, deduce from the manner in which the person concerned was behaving at the time when the police officer found him that that person may have had alcohol in his body at that time.
(5)  Where a motor vehicle continues in motion after the commission of an offence referred to in subsection (2) or after the occurrence of an accident referred to in subsection (3) , the police officer concerned may, if necessary, direct the person who is driving the vehicle, by signal or otherwise, to stop his vehicle.
(6)  Where a person has become liable to undergo a breath analysis by virtue of subsection (1) , (2) , or (3) , a police officer may first require that person to undergo a breath test at or near the place where the requirement was made.
(7)  Where under subsection (6) a police officer requires a person to undergo a breath test, that person shall comply with that requirement in the presence of that officer or another police officer and in accordance with such directions as may be given by that officer or that other officer.
(8)  Where a person who has become liable under this section to submit to a breath analysis undergoes a breath test in accordance with the directions of a police officer, that person ceases to be so liable, unless the result of the breath test indicates that alcohol may be present in that person's blood.

9.   Liability for medical examination where condition may not be due to alcohol

(1)  [Section 9 Subsection (1) amended by No. 91 of 1982, s. 6 ]Where a police officer reasonably believes that a person drove a motor vehicle in a public street while he was in such a condition as to be incapable of driving that vehicle without risk of danger to other persons and is of the opinion (as the result of a breath test or a breath analysis or otherwise) that that condition did not arise, or did not wholly arise, from the presence of alcohol in his body, the police officer may require that person to undergo a medical examination, and, for the purpose of enabling him to make such a requirement, the police officer may direct that person, by signal or otherwise, to stop his vehicle.
(2)  [Section 9 Subsection (2) substituted by No. 91 of 1982, s. 6 ]Where a requirement is made of a person under subsection (1) , that person becomes liable to submit to a medical examination.
(3)  The medical examination referred to in this section is an examination by a medical practitioner directed to ascertaining whether the condition of the person submitting to the examination arises wholly or partially from the taking or administration of drugs, and, if such be the case, the nature of those drugs.
(4)  Where in the course of such a medical examination as is referred to in this section the medical practitioner by whom the examination is being carried out informs the person submitting to the examination that it is necessary or desirable in order to effect the purpose of the examination for an analysis to be made of a sample of the blood or urine of that person, the obligation of that person to submit to that examination shall be deemed to include an obligation to submit to the taking of a sample of his blood or to furnish a sample of his urine, as the case may be.

10.   Enforcement of obligation to submit to breath analysis or medical examination

(1)  [Section 10 Subsection (1) amended by No. 91 of 1982, s. 7 ][Section 10 Subsection (1) amended by No. 17 of 1984, s. 4 ]A police officer may require a person who is liable under this Part to submit to a breath analysis or a medical examination to proceed to such place or into such vehicle by such means and with such person as the officer may indicate and there submit himself to that analysis or that examination.
(2)  [Section 10 Subsection (2) amended by No. 91 of 1982, s. 7 ]If a person fails or refuses to comply with a requirement made under subsection (1) , or is in such a condition or behaves in such a manner as to give reasonable grounds for believing that he will not comply with the requirement, a police officer may take him into custody and convey him or cause him to be conveyed to some appropriate place, and there detain him or cause him to be detained, for so long as is necessary to enable a direction to be given to him under subsection (4) .
(3)  [Section 10 Subsection (3) amended by No. 91 of 1982, s. 7 ]A police officer shall not exercise his powers under subsection (2) in respect of any person unless that officer has reasonable cause to believe that the breath analysis or medical examination can be carried out, within 3 hours after the relevant time, at or near the place to which that person is to be, is being, or has been conveyed in the exercise of those powers.
(4)  [Section 10 Subsection (4) amended by No. 17 of 1984, s. 4 ]Where a person who is liable to submit to a breath analysis or a medical examination is at a place where, or in a vehicle in which, that analysis or medical examination can forthwith be carried out a police officer may direct him there to submit to the analysis or examination.
(4A)  [Section 10 Subsection (4A) substituted by No. 91 of 1982, s. 7 ][Section 10 Amended by No. 17 of 1984, s. 4 ]Where a person who is liable to submit to a breath analysis is at a place where, or in a vehicle in which, that analysis can be carried out forthwith and that person fails or refuses to comply with a direction given to him in accordance with subsection (4) , the approved operator of the breath analysing instrument at that place or in that vehicle shall inform that person that he may elect to submit to the taking of a sample of his blood for analysis instead of submitting to a breath analysis, but only if the taking of that sample can be begun within 3 hours after the relevant time.
(4B)  [Section 10 Subsection (4B) inserted by No. 91 of 1982, s. 7 ]Where a person who has been informed in accordance with subsection (4A) elects to submit to the taking of a sample of blood, the approved operator concerned shall forthwith cause arrangements to be made for such a sample to be taken by a medical practitioner or qualified nurse.
(5)  Where a person is at a hospital for medical treatment or is being attended by a medical practitioner for medical treatment, a police officer shall not direct that person to submit to a breath analysis unless he notifies the medical practitioner in charge of that treatment of his intention to make the direction and that medical practitioner does not object on the grounds that compliance therewith, would, in his opinion, be prejudicial to the proper care or treatment of that person.
(6)  Where a person is liable to submit to a breath analysis a police officer, if –
(a) a medical practitioner has objected to the submission of that person to such an analysis on the grounds referred to in subsection (5) ;
(b) it appears to that officer that it may be dangerous to that person's medical condition to submit to the analysis; or
(c) it appears to that officer that, by reason of that person's condition, it is not practicable for that person to submit to the analysis –
may direct that person to submit to the taking of a sample of his blood for analysis.
(7)  [Section 10 Subsection (7) amended by No. 91 of 1982, s. 7 ]No direction shall be given under this section to a person requiring him to submit to a breath analysis, or to a medical examination, or to the taking of a sample of his blood, after the expiration of 3 hours after the relevant time and a person is not required under this section to submit to a breath analysis, or to the taking of a sample of his blood, or to a medical examination that is begun after the expiration of that period.
(8)  [Section 10 Subsection (8) amended by No. 94 of 1975, s. 8 ]Where a motor vehicle is involved in an accident in a public street a police officer may place on, or attach to, the clothing or body of any person whom that officer reasonably believes may have been the driver of that vehicle, a prescribed means of identification, if the officer is satisfied that that person is in such a condition as to be unable to understand or comply with any request or direction that, assuming that person to have been the driver of that vehicle at the time of the accident, could otherwise be given to him under this section.

10A.   Blood samples to be provided in certain cases

[Section 10A Inserted by No. 44 of 1991, s. 7 ]
(1)  Where a police officer reasonably believes that a person was the driver of a vehicle involved in an accident in which personal injury was sustained and that alcohol or a drug may have been present in that person's blood at the time of the accident, the police officer may require that person to submit to the taking of a sample of blood for analysis.
(2)  Where a person agrees to submit to the taking of a sample of blood, the relevant provisions of this Act apply as if the person were a person who had elected to provide a sample of blood in accordance with section 10 (4B) .

11.   Rights and obligations on completion of breath analysis

[Section 11 Amended by No. 94 of 1975, s. 9 ]
(1)  As soon as practicable after a person has submitted to a breath analysis the approved operator by whom the breath analysing instrument was operated shall read over to him and hand to him a written statement, in such prescribed form as is appropriate to the case, that indicates the concentration of alcohol in the blood of that person as determined by that analysis.
(2)  The forms prescribed for the purposes of this section are those set out in Schedule 1 unless other forms are prescribed for those purposes by regulations under this Act.
(3)  [Section 11 Subsection (3) substituted by No. 91 of 1982, s. 8 ]Where an approved operator hands a statement to a person in accordance with subsection (1) , that person may immediately request the operator to make arrangements for a sample of that person's blood to be taken for analysis, and, on such a request being made, it is the duty of the operator to comply with the request by making arrangements for the taking of such a sample to be begun by a medical practitioner or by a qualified nurse within 3 hours after the relevant time.
(4)  [Section 11 Subsection (4) substituted by No. 91 of 1982, s. 8 ]A person who makes an election under section 10 (4A) or a request under subsection (3) of this section is not liable for the cost incurred in making or carrying out arrangements for taking a sample of blood in consequence of that person's election or request.

12.   Examination, &c., of persons incapable of consenting

(1)  [Section 12 Subsection (1) amended by No. 44 of 1991, s. 8 ]If a police officer is informed by a medical practitioner attending a person for medical treatment that the person is by reason of his or her physical condition incapable of giving consent –
(a) to the taking of a sample of his or her blood; or
(b) to a medical examination –
to which, under this Division, the person has or could be directed to submit, the police officer may request the medical practitioner to take a sample of the person's blood or to carry out the medical examination.
(2)  [Section 12 Subsection (2) substituted by No. 44 of 1991, s. 8 ]A medical practitioner must comply with a request made to him or her in accordance with subsection (1) unless the medical practitioner is of the opinion that to do so would be prejudicial to the proper care or treatment of the person.
(3)  Where a request is made of a medical practitioner under subsection (1) in respect of any person, any sample of the blood or urine of that person that has been taken in the course of, or in connection with, the medical treatment of that person and is available for analysis may, if the medical practitioner in immediate charge of the treatment so desires, be treated as having been taken in pursuance of the request.
(4)  [Section 12 Subsection (4) amended by No. 91 of 1982, s. 9 ]No request shall be made under this section for the taking of the sample of the blood of any person after the expiration of 3 hours after the relevant time and where a request is made under this section for the taking of a sample of the blood of that person the taking of that sample shall begin within 3 hours after the relevant time.
(5)  Where a medical practitioner is in immediate charge of the medical treatment of a person whose clothing or body bears such a means of identification as is referred to in section 10 (8) , that medical practitioner may take a sample of the blood of that person unless that person, being in a condition to refuse to submit to the taking of the sample, objects to its being taken.

13.   Duties of medical practitioners and nurses in relation to taking of blood samples, &c.

(1)  Except as otherwise expressly provided therein, nothing in this Act shall be construed as requiring a medical practitioner or a qualified nurse to take a sample of the blood or urine of any person, or carry out a medical examination of any person.
(2)  Where a medical practitioner has refused to take, or refrained from taking, a sample of the blood of a person for the purposes of this Act, or has refused to make, or refrained from making, a medical examination of a person for those purposes, on the grounds that to do so would, in his opinion, be prejudicial to the proper care or treatment of that person, he shall, if so requested by a police officer –
(a) express an opinion on the question whether that person has or, if he is in hospital, had, at the time of his admission to the hospital, alcohol in his body; and
(b) to the best of his ability answer any relevant questions put to him by the police officer in relation to that question.
(3)  Where a medical practitioner or qualified nurse takes a sample of a person's blood or urine for analysis for the purposes of this Act it is the duty of that practitioner or nurse to comply with the following provisions of this section so far as they are applicable to him.
(4)  Where regulations under this Act prescribe the manner in which a sample of blood is to be taken that sample shall be taken in that manner.
(5)  [Section 13 Subsection (5) substituted by No. 94 of 1975, s. 10 ][Section 13 Subsection (5) amended by No. 46 of 1991, s. 4 and Sched. 2 ]The sample of blood or urine shall be divided into 3 parts, each part being enclosed either –
(a) in a container issued for that purpose by an approved analyst who is an employee, within the meaning of the Tasmanian State Service Act 1984 ;
(b) in the case of a sample of blood, in a container forming part of a blood sampling kit of a type approved by the Governor by notice in the Gazette.
(5A)  [Section 13 Subsection (5A) inserted by No. 94 of 1975, s. 10 ]Each container into which a part of the sample of blood or urine is placed shall be labelled in such manner as may be prescribed.
(5B)  [Section 13 Subsection (5B) inserted by No. 94 of 1975, s. 10 ]One of the containers containing a part of the sample of the blood or urine shall, as soon as practicable after it has been taken, be tendered to the person from whom it was taken, unless he is in custody, and, if he is in custody, shall forthwith be delivered to a police officer.
(5C)  [Section 13 Subsection (5C) inserted by No. 94 of 1975, s. 10 ][Section 13 Subsection (5C) amended by No. 44 of 1991, s. 9 ]The containers containing the other 2 parts of the sample of blood or urine shall, within 10 days, be delivered to an approved analyst.
(6)  [Section 13 Subsection (6) substituted by No. 44 of 1991, s. 9 ]If a sample of blood or urine is taken from a person in accordance with section 12 (1) (person incapable of consenting), the police officer who requested that the sample be taken must –
(a) give written notice to the person that the sample was taken; and
(b) tender to the person the part of the sample referred to in subsection (5B) ; and
(c) give written notice to the person that he or she may object to the sample being analysed, but in that case the person will be guilty of an offence under this Act –
as soon as the police officer considers it is practical to do so having regard to the person's physical condition.
(7)  [Section 13 Subsection (7) omitted by No. 94 of 1975, s. 10 ].  .  .  .  .  .  .  .  
(8)  [Section 13 Subsection (8) omitted by No. 94 of 1975, s. 10 ].  .  .  .  .  .  .  .  
(9)  [Section 13 Subsection (9) omitted by No. 94 of 1975, s. 10 ].  .  .  .  .  .  .  .  

13A.   Retention of blood sample during detention in custody

[Section 13A Inserted by No. 94 of 1975, s. 11 ]
(1)  Where a container containing part of a sample of blood is delivered to a police officer as mentioned in section 13 (5B) , it shall be kept in such manner as may be prescribed.
(2)  If the person from whom the sample was taken is released from custody within 24 hours from the time at which the sample was taken, the container shall be tendered to him on his release from custody.
(3)  If the container is not tendered as mentioned in subsection (2) , it shall, on a written request made by or on behalf of the person from whom the sample was taken, be delivered to him, or to such other person at such place within the State as may be specified in the request.
(4)  A request referred to in subsection (3) shall be made to such person or at such place as may be prescribed.
(5)  Where for the purposes of subsection (3) a request in writing is made to any person purporting to be signed by a solicitor acting for the person from whom the sample was taken, the person to whom the request is made is entitled to assumed that the request is made on behalf of the person from whom the sample was taken.

13B.   Analysis of blood and urine samples by approved analysts

[Section 13B Inserted by No. 94 of 1975, s. 11 ]
(1)  Where the 2 containers containing parts of the sample of blood or urine are delivered to an approved analyst, the part of the sample contained in one of those containers may be analysed by an approved analyst and the part contained in any other of those containers may not, except as a court may otherwise direct, be so analysed or otherwise dealt with except on request in writing made by or on behalf of the person from whom the sample was taken and a legal practitioner acting on behalf of the Crown.
(2)  Where pursuant to subsection (1) a part of the sample of the blood or urine taken from a person has been analysed by an approved analyst, he shall cause copies of the report of his analysis to be delivered without unreasonable delay to that person and –
(a) if the analysis was made on such a request as is referred to in that subsection, to such person as that practitioner may specify; and
(b) in any other case, to such police officer as may be prescribed.
(3)  The report referred to in subsection (2) made in respect of a sample of blood shall state the concentration of alcohol in the part of the sample analysed, expressed in grams of alcohol in 100 millilitres of blood, as determined by that analysis, unless the sample was taken pursuant to an obligation arising under section 9 .

14.   Offences under Division 2

(1)  [Section 14 Subsection (1) substituted by No. 91 of 1982, s. 10 ]Any person who, without reasonable excuse, fails or refuses –
(a) to comply with a requirement made to him by a police officer under section 7A (1) or 8 (6) ;
(b) to comply with a direction made to him by a police officer under section 7A (1) , 8 (5) , or 9 (1) ; or
(c) to comply with section 7A (3) or 8 (7)
is guilty of an offence.
(1A)  [Section 14 Subsection (1A) inserted by No. 91 of 1982, s. 10 ][Section 14 Subsection (1A) amended by No. 44 of 1991, s. 10 ]Any person who, without reasonable excuse, fails or refuses to comply with a requirement made to him by a police officer under section 10 (1) or 10A (1) is guilty of an offence.
(1B)  [Section 14 Subsection (1B) inserted by No. 91 of 1982, s. 10 ]Any person who, having been taken into custody under section 10 (2) , escapes or attempts to escape from that custody is guilty of an offence.
(1C)  [Section 14 Subsection (1C) inserted by No. 91 of 1982, s. 10 ]Any person who, having been taken into custody under section 10 (2) , obstructs or hinders his conveyance to a place referred to in that subsection is guilty of an offence.
(2)  Any person who, having been directed under section 10 (4) to submit to a breath analysis, fails or refuses, without reasonable excuse, to submit to a breath analysis in accordance with the directions of an approved operator is guilty of an offence.
(2A)  [Section 14 Subsection (2A) inserted by No. 94 of 1975, s. 12 ][Section 14 Subsection (2A) amended by No. 91 of 1982, s. 10 ]It is a defence in any proceedings for an offence under subsection (2) for the defendant to show –
(a) that he elected to submit to the taking of a sample of his blood for analysis instead of a breath analysis; and
(b) that the taking of that sample was carried out, or could have been carried out, within 3 hours after the relevant time.
(3)  [Section 14 Subsection (3) substituted by No. 91 of 1982, s. 10 ]Any person who –
(a) having been informed as referred to in section 9 (4) , fails or refuses without reasonable excuse to submit to the taking of a sample of his blood or to provide a sample of his urine; or
(b) having been directed under section 10 (4) to submit to a medical examination, fails or refuses, without reasonable excuse, to submit to that examination or any part of it –
is guilty of an offence.
(4)  Any person who, having been directed under section 10 (6) to submit to the taking of a sample of his blood for analysis, fails or refuses without reasonable excuse to submit to the taking of a sample of his blood in accordance with the direction is guilty of an offence.
(5)  A person who, on being notified under section 13 (6) that a sample of his blood or urine has been taken for analysis, objects, without reasonable excuse, to that sample being analysed is guilty of an offence.
(6)  [Section 14 Subsection (6) amended by No. 91 of 1982, s. 10 ]Any person who, having been requested under section 7A (1) or section 8 (6) to submit to a breath test, does anything before he submits to that test with intent to alter the concentration of alcohol in his blood is guilty of an offence.
(7)  [Section 14 Subsection (7) amended by No. 94 of 1975, s. 12 ]Any person who, having become liable to submit to a breath analysis does anything, before he submits, in pursuance of that liability, to a breath analysis or the taking of a sample of his blood or urine, with intent to alter the concentration of alcohol in his blood is guilty of an offence.
Division 3 - Supplementary provisions

15.   Identification of offenders

(1)  A police officer may require a person to whom a request has been made, or a direction has been given, under Division 2 or whom that officer has reasonable grounds for believing has committed an offence under this Act to state his name and the address of his place of abode.
(2)  A person who –
(a) refuses or fails to comply with a requirement made by a police officer under this section; or
(b) in response to any such requirement, furnishes that officer with information that is false –
is guilty of an offence.

16.   Proceedings before magistrate

[Section 16 Substituted by No. 94 of 1975, s. 13 ]Proceedings for an offence under this Act shall be heard by a magistrate sitting alone.

17.   Penalties for drink-driving offences, &c.

[Section 17 Substituted by No. 94 of 1975, s. 14[Section 17 Amended by No. 96 of 1976, s. 15 ][Section 17 Amended by No. 13 of 1987, s. 5 ] ][Section 17 Substituted by No. 44 of 1991, s. 11 ][Section 17 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]
(1)  For the purposes of this section –
(a) the Table means the Table at the end of this section; and
(b) a person is guilty of a subsequent offence if that person has previously been convicted of an offence under section 4 , 6 or 14 (5) or an offence in respect of a failure to comply with a requirement made under section 10 (4) or 10A (1) .
(2)  The application of this section does not extend to an offence committed before the commencement of the Road Safety (Alcohol and Drugs) Amendment Act 1991 .
(3)  Subject to subsection (5) , a court that convicts a person of an offence specified in column 1 of the Table
(a) must –
(i) impose a fine of an amount not less than the minimum amount shown in the Table and not more than the maximum amount shown in the Table; or
(ii) impose a term of imprisonment for a term not exceeding the term shown in the Table; or
(iii) impose both that fine and that term of imprisonment; and
(b) must, in addition, disqualify the person from holding or obtaining a driver's licence for a period of not less than the minimum period shown in the Table and not more than the maximum period shown in the Table.
(4)  For the purposes of subsection (3)
(a) the relevant fine, period of disqualification and term of imprisonment for a first offence specified in column 1 of the Table is, in the case of an offence under section 6 , to be ascertained by reference to the concentration of alcohol in the blood of the offender as specified in column 2 of Part 1 of the Table ; and
(b) the relevant fine, period of disqualification and term of imprisonment for a subsequent offence is to be ascertained by reference to the concentration of alcohol in the blood of the offender as specified in column 2 of Part 2 of the Table .
(5)  Notwithstanding subsection (3) , if a person who is convicted of an offence referred to in column 1 of the Table satisfies the court which convicted the person that there are special circumstances why the minimum fine specified in the Table or the minimum period of disqualification specified in the Table should not be imposed, the court may impose a lesser fine or a lesser period of disqualification.
TABLE
  

PART 1 - FIRST OFFENCE

  

Column 1

Column 2

Column 3

Column 4

Column 5

Section of Act or offence

Concentration of alcohol in blood in grams per 100 millilitres of blood

Fine

Period of disqualification

Term of imprisonment

Section 6 (2)

less than 0·05

Minimum 2 penalty units Maximum 10 penalty units

Minimum 3 months Maximum 12 months

3 months

Section 6

0·05 or more but less than 0·1

Minimum 2 penalty units Maximum 10 penalty units

Minimum 3 months Maximum 12 months

3 months

 

0·1 or more but less than 0·15

Minimum 4 penalty units Maximum 20 penalty units

Minimum 6 months Maximum 18 months

6 months

 

0·15 or more

Minimum 5 penalty units Maximum 30 penalty units

Minimum 12 months Maximum 36 months

12 months

Section 4 or 14 (5) or failure to comply with a requirement made under section 10 (4) or 10A (1)

 

Minimum 5 penalty units Maximum 30 penalty units

Minimum 12 months Maximum 36 months

12 months

TABLE
  

PART 2 - SUBSEQUENT OFFENCE

  

Column 1

Column 2

Column 3

Column 4

Column 5

Section of Act or offence

Concentration of alcohol in blood in grams per 100 millilitres of blood

Fine

Period of disqualification

Term of imprisonment

Section 6 (2)

less than 0·05

Minimum 4 penalty units Maximum 20 penalty units

Minimum 6 months Maximum 24 months

6 months

Section 6

0·05 or more but less than 0·1

Minimum 4 penalty units Maximum 20 penalty units

Minimum 6 months Maximum 24 months

6 months

 

0·1 or more but less than 0·15

Minimum 8 penalty units Maximum 40 penalty units

Minimum 12 months Maximum 36 months

12 months

 

0·15 or more

Minimum 10 penalty units Maximum 60 penalty units

Minimum 24 months Maximum 72 months

24 months

Section 4 or 14 (5) or failure to comply with a requirement made under section 10 (4) or 10A (1)

 

Minimum 10 penalty units Maximum 60 penalty units

Minimum 24 months Maximum 72 months

24 months

17A.   Penalties for other offences

[Section 17A Inserted by No. 44 of 1991, s. 11 ]
(1)  A person who is convicted of an offence under this Act, other than an offence referred to in section 17 , is liable to a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.
(2)  A court that convicts a person of an offence referred to in subsection (1) may, in addition to any penalty imposed under that subsection, order the person to be disqualified from holding or obtaining a driver's licence for a period not exceeding 3 years.

17B.   Application of Alcohol and Drug Dependency Act 1968

[Section 17B Inserted by No. 44 of 1991, s. 11 ] Section 30 of the Alcohol and Drug Dependency Act 1968 applies in respect of an offence committed by a person under this Act, whether or not the court is of the opinion that that offence was committed as mentioned in subsection (1) (a) or (b) of that section .

18.   Requirement for drink-drivers to attend prescribed course

[Section 18 Inserted by No. 83 of 1978, s. 4 ]
(1)  Subject to subsection (4) , where a person –
(a) who has never held an authority to drive;
(b) who is the holder of a learner's licence; or
(c) who has not held an authority to drive for a period that exceeds, or any periods that in the aggregate exceed, 12 months –
is convicted of an offence under section 4 , section 6 , or section 7 the court shall, in addition to any other order it may make under section 17 , order the person to attend a prescribed course.
(2)  For the purposes of subsection (1) (a) and (c) a person shall be deemed to hold an authority to drive only while he holds a licence or other authority (not being a learner's licence), issued or granted in this State or elsewhere, authorizing him to drive a motor vehicle on a public street.
(3)  The court, when making an order under subsection (1) , shall notify the person convicted in a form approved by the Director of Road Safety of the time and place at which he is required to attend the prescribed course.
(4)  The court may in its discretion exempt a person from the requirement to attend a prescribed course.
(5)  Section 36A of the Traffic Act 1925 applies to a person in respect of whom an order is made under this section.
(6)  In this section prescribed course means a course –
(a) arranged by the Director of Road Safety;
(b) conducted by the Tasmania Police Division of Road Safety at such times and at such places as the Minister may from time to time determine; and
(c) which is comprised of discussions and lectures relating to –
(i) the effect of the consumption of alcohol on driving and its contribution to accidents;
(ii) drink-driving laws and the operation of the breathalyser; and
(iii) such other matters relating to the effect of the consumption of alcohol on driving as the Minister may consider appropriate.
(7)  A person ordered to attend a prescribed course shall, on the completion of that course, be issued with a certificate in a form approved by the Director of Road Safety certifying that, in the opinion of the person conducting the course, he has satisfactorily attended and completed the course.
(8)  The person in charge of conducting a prescribed course shall, as soon as practicable after completion of the course, forward to the Registrar of Motor Vehicles a copy of a certificate issued under this section in respect of every person who has attended and satisfactorily completed the course pursuant to an order under this section.

18A.   Traffic infringement notice may be issued in certain circumstances

[Section 18A Inserted by No. 44 of 1991, s. 12 ]
(1)  For the purposes of section 43H of the Traffic Act 1925 , an offence under section 6 (1) of this Act is a prescribed offence in respect of which a police officer may serve a traffic infringement notice if the police officer is satisfied that the person on whom the notice is to be served –
(a) has not been convicted of –
(i) the crime of manslaughter arising out of the driving of a motor vehicle; or
(ii) the crime of causing death by dangerous driving; or
(iii) an offence under this Act; or
(iv) an offence under section 32 of the Traffic Act 1925 (reckless driving), including an offence under that section that is a crime by virtue of subsection (4) of that section ; and
(b) is the holder of a driver's licence, not being a provisional licence or learner's licence; and
(c) at the time of the alleged offence was not driving a public vehicle –
and the offence is in respect of a concentration of alcohol in that person's blood of less than 0·1 of a gram of alcohol in 100 millilitres of blood.
(2)  The prescribed penalty in respect of the offence referred to in subsection (1) is a fine of 2 penalty units and disqualification from holding or obtaining a driver's licence for a period of 3 months.
(3)  Where, in accordance with section 43H (4) of the Traffic Act 1925 , a person accepts a traffic infringement notice in respect of an offence referred to in subsection (1)
(a) that person must at the same time as paying the penalty in accordance with section 43H (4) (a) of that Act or lodging a notice in accordance with section 43H (4) (b) of that Act also forward his or her driver's licence to the clerk to whom the penalty was paid or the notice was given; and
(b) the period of 3 months disqualification from holding or obtaining a driver's licence starts from the date the licence is received by the clerk when forwarded in accordance with paragraph (a) of this subsection.
(4)  A traffic infringement notice served in respect of an offence referred to in subsection (1) must, in addition to the matters specified in it in accordance with section 43H (2) of the Traffic Act 1925 , also have specified in it the requirement to forward the driver's licence in accordance with subsection (3) (a) of this section.

19.   Special hardship orders

[Section 19 Substituted by No. 94 of 1975, s. 15 ]
(1)  [Section 19 Subsection (1) amended by No. 96 of 1976, s. 15 ][Section 19 Subsection (1) substituted by No. 44 of 1991, s. 13 ]Except as provided by this section, section 36 of the Traffic Act 1925 applies to the conviction of a person for an offence under this Act as it would apply if that offence were an offence under that Act.
(1A)  [Section 19 Subsection (1A) inserted by No. 44 of 1991, s. 13 ]No order is to be made under section 36 of the Traffic Act 1925 in respect of a conviction for an offence under this Act if –
(a) the offence was committed within 3 years after the end of any period of disqualification imposed under this Act; or
(b) the offence was under section 6 where the offender had alcohol in his or her blood of a concentration equal to or greater than 0·15 of a gram of alcohol in 100 millilitres of blood; or
(c) the offence was under section 4 ; or
(d) the offence was under section 14 (5) ; or
(e) the offender was the holder of a learner's licence or a provisional licence; or
(f) the offender was driving a public vehicle at the time of the offence; or
(g) the offence was in respect of a failure to comply with a requirement made under section 10 (4) or 10A (1) .
(1B)  [Section 19 Subsection (1B) inserted by No. 44 of 1991, s. 13 ]If an order is made under section 36 of the Traffic Act 1925 in respect of a conviction for an offence under this Act, the Court may increase the period of disqualification from holding or obtaining a driver's licence remaining at the time the order is made by an amount not exceeding the period so remaining.
(1C)  [Section 19 Subsection (1C) inserted by No. 44 of 1991, s. 13 ]The application of subsections (1A) and (1B) does not extend to an offence committed before the commencement of the Road Safety (Alcohol and Drugs) Amendment Act 1991 .
(2)  [Section 19 Subsection (2) amended by No. 96 of 1976, s. 15 and Sched. II ]Without prejudice to the generality of the provisions of section 36 (4) (c) of the Traffic Act 1925 it shall be deemed to be contrary to the public interest to make an order authorizing the granting of a restricted licence to a person suffering from alcohol dependency within the meaning of the Alcohol and Drug Dependency Act 1968 , and the court may refuse to make such an order in respect of a person who is disqualified from holding or obtaining a driver's licence as a consequence of a conviction of an offence under this Act or section 41 or section 41B of the Traffic Act 1925 (as that Act had effect before the commencement of this Act) unless the court is satisfied on the evidence of a medical practitioner approved by the court that that person is not so suffering from alcohol dependency.
(3)  For the purposes of subsection (2) , a report in writing purporting to be signed by a medical practitioner may be received in evidence without proof of the signature of the medical practitioner; but the court may in any case require him to be called to give oral evidence.
(4)  Where, in pursuance of the directions of the court, any such report as is referred to in subsection (3) is tendered in evidence, otherwise than by or on behalf of the person on whom it is made, then –
(a) if that person is represented by counsel, a copy of the report shall be given to his counsel;
(b) if he is not so represented, the substance of the report shall be disclosed to him; and
(c) in any case, he, or the person by whom he is represented, may require the medical practitioner by whom the report is signed to be called to give oral evidence.
(5)  The court may order that the person on whom a report is made by a medical practitioner for the purposes of this section shall pay the whole or a portion of the costs of the report and the examination on which it is made, to the extent that those costs exceed such sum as may be prescribed, and shall specify in that order the person to whom those costs are to be paid; and that order has the like effect as if that person on whom the report was made and the person to whom the costs are ordered to be paid were respectively defendant and complainant in proceedings before the court.

19A.   Driving while disqualified under this Act

[Section 19A Inserted by No. 94 of 1975, s. 15 ]
(1)  [Section 19A Subsection (1) amended by No. 96 of 1976, s. 15 and Sched. II ][Section 19A Subsection (1) amended by No. 15 of 1979, s. 2 ][Section 19A Subsection (1) amended by No. 91 of 1982, s. 11 ]A person who, except in so far as he is authorized to do so by a licence issued pursuant to an order made under section 36 of the Traffic Act 1925 , drives a motor vehicle while he is disqualified under this Act from holding or obtaining a licence is guilty of an offence.
(2)  [Section 19A Subsection (2) inserted by No. 15 of 1979, s. 2 ][Section 19A Subsection (2) amended by No. 91 of 1982, s. 11 ]Where a police officer finds a person committing an offence against subsection (1) or has reasonable grounds to believe that a person has committed such an offence, he may arrest that person without warrant and may impound any motor vehicle in the charge of or driven by that person and remove the vehicle to a convenient place for safe keeping.
(3)  [Section 19A Subsection (3) inserted by No. 15 of 1979, s. 2 ]Where a motor vehicle is impounded under subsection (2) , any person who would, but for the impounding of the vehicle, have a right to possession of the vehicle is entitled to have the vehicle delivered to him unless a police officer notifies the person that the police officer has reasonable grounds for believing that, if that person then drove the vehicle on a public street, he would be committing an offence, whether against subsection (1) or not.
(4)  [Section 19A Subsection (4) added by No. 15 of 1979, s. 2 ]In any proceedings taken against a person for an offence relating to the circumstances giving rise to the impounding of a motor vehicle under subsection (2) , the court before which the proceedings are taken may order the person to pay any costs or expenses incurred in connection with the impounding, removal, or safe keeping of the vehicle if it is of the opinion that there were reasonable grounds for incurring those costs or expenses.

19B.   

[Section 19B Repealed by No. 33 of 1976, s. 2 ].  .  .  .  .  .  .  .  

20.   Concurrent offences not treated separately

[Section 20 Substituted by No. 94 of 1975, s. 16 ][Section 20 Amended by No. 96 of 1976, s. 15 and Sched. II ]Where arising from his driving a vehicle on any particular occasion a person is convicted of 2 or more offences, being offences under section 4 or section 6 or under section 41 or section 41B of the Traffic Act 1925 (as that Act had effect before the commencement of this Act), those convictions shall for the purposes of this Division be treated as one single conviction.

21.   Avoidance of certain provisions in contracts of insurance

[Section 21 Amended by No. 94 of 1975, s. 17 ]Any covenant, term, condition, or other provision of a contract or other agreement to the extent that it purports to exclude or limit the liability of an insurer under any contract of insurance in the event of the owner or driver of a motor vehicle –
(a) being convicted of an offence under this Act (not being an offence under section 4 ); or
(b) having more than a specified percentage of alcohol present in his blood as indicated by an analysis of his breath, blood, or urine –
is void.
PART III - Evidentiary provisions
Division 1 - Evidence in certain criminal proceedings

22.   Application of Division 1

(1)  [Section 22 Subsection (1) amended by No. 18 of 1974, s. 7 ]This Division applies to any proceedings in respect of any crime or offence specified in subsection (2) where the question –
(a) whether a person was or was not under the influence of intoxicating liquor or as to the extent to which he was under the influence of intoxicating liquor; or
(b) as to the concentration of alcohol in the blood of any person, at the time of the commission of the crime or offence is relevant.
(2)  [Section 22 Subsection (2) amended by No. 67 of 1976, s. 9 ]The following crimes and offences are the crimes and offences referred to in subsection (1) , that is to say:
(a) the crime of manslaughter arising out of the driving of a motor vehicle;
(ab) the crime of causing death by dangerous driving;
(b) an offence under this Act;
(c) an offence under section 32 of the Traffic Act 1925 (including an offence under that section that is a crime by virtue of subsection (4) thereof).

23.   Statutory presumptions with respect to breath analyses and blood tests, &c.

(1)  [Section 23 Subsection (1) substituted by No. 94 of 1975, s. 18 ]In any proceedings to which this Division applies, the concentration of alcohol in a sample of blood taken from a person in accordance with this Act shall be deemed to be the actual concentration of alcohol in his blood at the time at which the sample was taken, unless it is shown on the balance of probabilities that the concentration of alcohol in his blood at the time was not greater than the prescribed concentration.
(2)  [Section 23 Subsection (2) substituted by No. 94 of 1975, s. 18 ]In any proceedings to which this Division applies, the concentration of alcohol in the blood of a person as determined by a breath analysis that was properly carried out shall be deemed to be the actual concentration of alcohol in the blood of that person at the time at which he submitted to the analysis, unless it is shown on the balance of probabilities that the concentration of alcohol in his blood at the time was not greater than the prescribed concentration.
(3)  Where, in any proceedings to which this Division applies, there is a conflict between the evidence referred to in subsection (1) and that referred to in subsection (2) the former evidence shall prevail.
(4)  [Section 23 Subsection (4) amended by No. 91 of 1982, s. 12 ]Where in any proceedings for an offence under section 6 (1) it is shown that the concentration of alcohol in the blood of a person who became liable to submit to a breath analysis was, at any time within 4 hours after the relevant time, equal to or not less than a particular concentration (being a concentration not less than the prescribed concentration), that particular concentration shall be deemed to have been the concentration of alcohol in his blood at the time of the relevant act of driving unless it is shown that the concentration of alcohol in his blood at the time of that act of driving was not greater than the prescribed concentration.
(5)  [Section 23 Subsection (5) amended by No. 91 of 1982, s. 12 ]Where in any proceedings for an offence under section 6 (2) it is shown that a person who became liable to submit to a breath analysis had alcohol in his blood at any time within 4 hours after the relevant time it shall be presumed, unless the contrary is proved, that he had alcohol in his blood at the time of the relevant act of driving.
(6)  [Section 23 Subsection (6) amended by No. 91 of 1982, s. 12 ]Where in any proceedings to which this Division applies (other than proceedings for an offence under section 6 ), it is shown that the concentration of alcohol in the blood of a person who became liable to submit to a breath analysis was, at any time within 4 hours after the relevant time, equal to or not less than a particular concentration, it shall be presumed, unless the contrary is proved, that the concentration of alcohol in the blood of that person at the time of the relevant act of driving was not less than that particular concentration.
(7)  For the purposes of this section a breath analysis is properly carried out if it is carried out by means of a breath analysing instrument in proper working order operated by an approved operator in the manner prescribed.
(8)  [Section 23 Subsection (8) amended by No. 91 of 1982, s. 12 ]For the purposes of this section, relevant act of driving, in relation to a person against whom proceedings to which this Division applies are brought, means the act of driving alleged to be an ingredient of the crime or offence with which the person is charged in those proceedings.

24.   Restrictions on admission of evidence of breath analysis

(1)  [Section 24 Subsection (1) amended by No. 91 of 1982, s. 13 ]Evidence of the concentration of alcohol in the blood of a person as determined by a breath analysing instrument is not admissible in evidence in any proceedings to which this Division applies, unless –
(a) such a statement as is referred to in section 11 was read over to him and handed to him on the completion of the analysis; and
(b) if he made such a request as is referred to in subsection (3) of that section –
(i) a sample of his blood was taken by a medical practitioner or a qualified nurse in accordance with this Act and the taking of that sample began within 3 hours after the relevant time; or
(ii) he refused to submit to the taking of a sample of his blood after appropriate arrangements had been made under that section in response to that request.
(2)  Where the statement referred to in subsection (1) (a) indicates that the concentration of alcohol in the blood of the person submitting to the breath analysis, as determined by that analysis, exceeded the prescribed concentration, the statement shall be in such form as to draw his attention to his right to make the request referred to in section 11 (3) .
(3)  [Section 24 Subsection (3) amended by No. 83 of 1978, s. 5 ]Without prejudice to the foregoing provisions of this section, in proceedings against a person for an offence under section 6 (2) such evidence as is referred to in subsection (1) is inadmissible unless either –
(a) the statement referred to in subsection (1) (a) is in such a form as to draw the attention of that person to his right to make such a request as is referred to in section 11 (3) ; or
(b) that person, before the statement was read over to him, represented to the approved operator by whom the analysis was carried out that he was not a person referred to in section 6 (3) or did not, on inquiry made to him by the operator, inform the operator that he was such a person.

25.   Evidence as to carrying out of breath analysis

(1)  [Section 25 Subsection (1) amended by No. 91 of 1982, s. 14 ]Where in any proceedings to which this Division applies evidence is given by any person –
(a) that at a specified time and place he carried out a breath analysis of a person by means of a breath analysing instrument;
(b) that he was at that time at which that breath analysis was carried out, an approved operator;
(c) that at that time the instrument was in proper working order; and
(d) that in carrying out the analysis he operated that instrument in the prescribed manner –
that evidence is prima facie evidence of the particulars so stated and of the fact that, at the time the analysis was carried out, the instrument was in proper working order.
(2)  [Section 25 Subsection (2) amended by No. 91 of 1982, s. 14 ]In any proceedings to which this Division applies a certificate certifying –
(a) that the person named therein submitted to a breath analysis carried out by the person by whom the certificate purports to have been signed;
(b) that, at the time the breath analysis was carried out, the person by whom the certificate purports to have been signed was an approved operator;
(c) that the apparatus used by him to carry out the breath analysis was a breath analysing instrument within the meaning of this Act and that that instrument was in proper working order;
(d) that, in carrying out the analysis, he operated the instrument in the prescribed manner;
(e) that the analysis was made on the day and completed at the time stated in the certificate;
(f) that the concentration of alcohol, expressed in grams of alcohol in 100 millilitres of blood, as determined by the analysis to be present in the blood of the person who submitted thereto, is that specified in the certificate; and
(g) that the statement required by section 11 to be read over to that person and handed to him, was so read over to and handed to him –
is prima facie evidence of those particulars.

25A.   Evidence of matters related to refusal to submit to breath analysis

[Section 25A Inserted by No. 94 of 1975, s. 19 ]
(1)  Where in any proceedings to which this Division applies evidence is given by any person –
(a) that at a specified time and place the person named therein failed or refused to submit to a breath analysis;
(b) that at that time and place a breath analysis could have been properly carried out by the person by whom the certificate purports to be signed by means of a breath analysing instrument that he then had with him;
(c) that at that time a breath analysing instrument was in proper working order; and
(d) that at that time the person by whom the certificate purports to be signed was an approved operator –
that evidence is prima facie evidence of the facts so stated.
(2)  In any proceedings to which this Division applies a certificate stating –
(a) that at a particular time and place the person named therein was directed by a named police officer to submit to a breath analysis;
(b) that the person so named then failed or refused to submit to a breath analysis in accordance with the direction;
(c) that at that time and place a breath analysis could have been properly carried out by the person by whom the certificate purports to have been signed by means of a breath analysing instrument he then had with him;
(d) that at that time that breath analysing instrument was in proper working order; and
(e) that at that time the person by whom the certificate purports to have been signed was an approved operator –
is prima facie evidence of the particulars contained in the certificate.

26.   Certificates and records of supervising analyst and approved operators

In any proceedings to which this Division applies –
(a) a certificate purporting to be a certificate signed by the supervising analyst in accordance with regulations under this Act containing any particulars relating to a breath analysing instrument required to be contained therein under those regulations; and
(b) any record purporting to be a record kept by an approved operator in accordance with those regulations containing any particulars relating to the performance by that operator of his functions under this Act –
is prima facie evidence of those particulars.

27.   Certificate in relation to taking of blood or urine samples

(1)  in any proceedings to which this Division applies a certificate –
(a) stating that, on the day and at the time stated in the certificate, the person by whom the certificate purports to be signed took a sample of the blood or urine of the person named therein;
(b) stating that when that sample was so taken the person by whom the certificate purports to be signed was a medical practitioner or a qualified nurse; and
(c) containing particulars of the manner in which the sample was taken or of any action taken by that person consequent upon, or in relation to, the taking of that sample –
is prima facie evidence of the particulars contained in the certificate.
(2)  [Section 27 Subsection (2) added by No. 94 of 1975, s. 20 ]In any proceedings to which this Division applies a certificate –
(a) stating that a container containing a part of a sample of blood or urine taken from the person named in the certificate was kept at a particular place during a particular period;
(b) containing particulars of the manner in which it was so kept;
(c) stating that the person from whom the sample was taken was detained in custody during a particular period, and specifying the place at which he was so kept in custody;
(d) stating the time at which the container was delivered to any person and containing particulars of the request pursuant to which it was so delivered; and
(e) stating that the person by whom the certificate purports to be signed was a police officer at the time the container was kept as mentioned in the certificate –
is prima facie evidence of the particulars stated in the certificate.
(3)  [Section 27 Subsection (3) added by No. 94 of 1975, s. 20 ]In any proceedings to which this Division applies a certificate –
(a) stating that at a particular time and place a container containing a part of a sample of blood was delivered by the person by whom the certificate purports to be signed to the person named in the certificate and stated therein to be an approved analyst;
(b) containing particulars with respect to the container or any label or marks thereon;
(c) containing particulars with respect to the manner in which it was kept or otherwise dealt with before being so delivered; and
(d) stating that the person by whom it was so delivered was at that time a police officer –
is prima facie evidence of the matters stated in the certificate.

28.   Certificates of analysis of blood or urine samples

[Section 28 Substituted by No. 94 of 1975, s. 21 ][Section 28 Amended by No. 27 of 1991, s. 5 and Sched. 1 ]In any proceedings to which this Division applies a certificate containing –
(a) particulars of the result of an analysis of a sample of blood or urine carried out by, or under the supervision of, the person by whom the certificate is purported to be signed; and
(b) particulars with respect to the container in which the sample was received by him, and any label or markings thereon –
and stating that at the time the analysis was carried out he was an approved analyst, is prima facie evidence of the particulars set forth in the certificate.

29.   Limitation on tendering of certificates, &c., in evidence

(1)  No certificate or record referred to in the foregoing provisions of this Division shall be tendered in evidence by, or on behalf of, any party to any proceedings unless, at least 14 days, or such lesser period as the court may approve, before the hearing of the proceedings, a copy thereof was served on the other party to the proceedings.
(1A)  [Section 29 Subsection (1A) inserted by No. 94 of 1975, s. 22 ]Where such a certificate or record as is referred to in subsection (1) is endorsed with a certificate of service purporting to be signed by a person by whom a copy of that certificate or record was served, that certificate of service is prima facie evidence of the particulars stated therein.
(2)  [Section 29 Subsection (2) substituted by No. 91 of 1982, s. 15 ][Section 29 Subsection (2) amended by No. 27 of 1991, s. 5 and Sched. 1 ]Subject to this section, a certificate or record referred to in subsection (1) may be tendered in evidence in proceedings to which this Division applies whether or not the person by whom the certificate or record was signed or made, or any person who, under the supervision of that first-mentioned person, was involved with the analysis to which the certificate or record relates is called as a witness in those proceedings.
(2A)  [Section 29 Subsection (2A) inserted by No. 91 of 1982, s. 15 ][Section 29 Subsection (2A) amended by No. 27 of 1991, s. 5 and Sched. 1 ]Where a person by whom a certificate or record referred to in subsection (1) was signed or made, or any person who, under the supervision of that first-mentioned person, was involved with the analysis to which the certificate or record relates is called by the defendant as a witness in proceedings to which this Division applies, that person may be cross-examined by the defendant as to the facts or matters set out in that certificate or record.
(3)  In any proceedings to which this Division applies no evidence shall be given by or on behalf of any person of the result of the analysis of a sample of his blood that was taken otherwise than in pursuance of a request or direction made under this Act unless, at least 4 days, or such lesser period as the court may approve, before the hearing, notice has been given in writing to the prosecutor or his agent stating the intention to give that evidence.

29A.   Section 60 of the Evidence Act 1910 not to apply

[Section 29A Inserted by No. 27 of 1991, s. 5 and Sched. 1 ] Section 60 of the Evidence Act 1910 does not apply in relation to any certificate or record referred to in this Division.
Division 2 - Restriction on use of certain evidence

30.   Evidence as to analyses, &c., inadmissible in certain proceedings

(1)  Except as is otherwise expressly provided in this Act the fact that a person has been convicted of an offence under section 6 or section 14 is not admissible as evidence in any legal proceedings that that person was, at any time, drunk, or under the influence of intoxicating liquor, or incapable of driving, or of exercising effective control over, a motor vehicle.
(2)  Notwithstanding anything in this or any other Act where a person, on being notified under section 13 (6) that a sample of his blood or urine has been taken for analysis, objects to the sample being analysed, no evidence as to the analysis is admissible in any legal proceedings to which he is a party.
(3)  [Section 30 Subsection (3) amended by No. 83 of 1978, s. 6 ]The provisions of this section have effect notwithstanding any covenant, term, condition, or provision of, or contained in any contract of insurance, and any such covenant, term, condition, or provision therein is, to the extent that the operation of this section is excluded, limited, modified, or restricted, void.
(4)  References in this section to legal proceedings shall be construed as references to all legal proceedings, whether civil, criminal, or arbitral.
PART IV - Supplementary provisions

31.   Regulations

[Section 31 Amended by No. 83 of 1978, s. 7 ][Section 31 Amended by No. 44 of 1991, s. 14 ]The Governor may make regulations under this Act and, in addition to any other purposes for which those regulations may be made, any such regulations may –
(a) prescribe the functions of the supervising analyst in relation to the matters mentioned in section 3 (4) ;
(b) prescribe the manner in which breath analysing instruments are to be tested, maintained, or used and the operations to be undertaken, or the precautions to be observed, in relation thereto;
(c) impose duties on approved operators in relation to the maintenance, testing, or use of breath analysing instruments and require them to comply with instructions given by the supervising analyst in relation to any matter prescribed in relation thereto;
(d) require the making and keeping of records in relation to the maintenance, testing, or use of breath analysing instruments;
(e) prescribe the qualifications to be possessed by, or the training to be undergone, by police officers who are authorized by the Commissioner of Police to operate breath analysing instruments;
(f) prescribe the manner in which samples of blood are to be taken for the purposes of this Act, whether in relation to the nature or amount of the blood so taken or otherwise;
(g) prescribe the fees to be paid to medical practitioners and qualified nurses in respect of the taking of samples of blood, or the carrying out of medical examinations, for the purposes of this Act; and
(h) require the issue of certificates with respect to any test carried out on a breath analysing instrument and prescribe the particulars to be contained in any such certificate; and
(i) prescribe the fees to be paid by a person in respect of a course that person is required to attend in accordance with section 18 (1) and prescribe when and to whom those fees are to be paid.

32.   

See Schedule 2.
SCHEDULE 1

Section 11

SCHEDULE 2 - Consequential Amendments

Section 32

The amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:
(a) Evidence Act 1910 ;
(b) Traffic Act 1925 .