Road Safety (Alcohol and Drugs) Amendment Regulations 2000
I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Road Safety (Alcohol and Drugs) Act 1970 .
7 August 2000W. J. E. COX
Lieutenant-Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Police and Public Safety
These regulations may be cited as the Road Safety (Alcohol and Drugs) Amendment Regulations 2000 .
These regulations take effect on the day on which the Vehicle and Traffic Act 1999 commences.
In these regulations, the Road Safety (Alcohol and Drugs) Regulations 1999 are referred to as the Principal Regulations.
4. Regulation 15 substituted
Regulation 15 of the Principal Regulations is rescinded and the following regulation is substituted:(1) For the purposes of section 11 of the Act –(a) a statement in a case where the concentration of alcohol in the blood of a person submitting to a breath analysis, as determined by that analysis, is greater than the prescribed concentration is to be in accordance with Form 2 in Schedule 1 to these regulations; and(b) a statement in a case where –is to be in accordance with Form 3 in Schedule 1 ; and(i) it appears to an approved operator carrying out a breath analysis that the person submitting to the analysis is, or may be, a person mentioned in section 6(3) or (4) of the Act; and(ii) the result of that analysis indicates that alcohol is present in that person's body –(c) a statement in a case where the concentration of alcohol in the blood of a person submitting to a breath analysis, as determined by that analysis, is not greater than the prescribed concentration, and that person has not, on inquiry made of him or her by an approved operator, indicated that he or she is a person mentioned in section 6(3) or (4) of the Act, is to be in accordance with Form 4 in Schedule 1 .(2) A document in a form prescribed by these regulations as in force before the commencement of the Road Safety (Alcohol and Drugs) Amendment Regulations 2000 is taken to conform with these regulations, despite amendment to the form by those amending regulations, if the document is created or made within 12 months after the commencement of those amending regulations.
Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting from paragraph (d) on the back of Form 3 "learner's licence" and substituting "learner licence";(b) by omitting from paragraph (f) on the back of Form 3 "licence, within the meaning of section 36 of the Traffic Act 1925, granted in respect of a disqualification under the Road Safety (Alcohol and Drugs) Act 1970 from holding or obtaining a driver's licence" and substituting "driver licence granted in respect of a disqualification from driving under the Road Safety (Alcohol and Drugs) Act 1970".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 7 August 2000
These regulations are administered in the Department of Police and Public Safety.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Road Safety (Alcohol and Drugs) Regulations 1999 consequential on the enactment of the Vehicle and Traffic Act 1999 .