General policy statement
This Bill amends the Land Transport Act 1998 to broaden the circumstances where a positive evidential breath test is admissible evidence in a prosecution under the Act. Under present law a positive evidential breath test is not admissible in evidence if the suspect has elected to have a blood test. The Act assumes that the blood test will be available as evidence for any prosecution. The Bill will amend section 77 to provide that where a suspect has elected to have a blood test but blood is unable to be drawn for any reason, the prior evidential breath test is admissible in evidence in a prosecution for an offence against any of sections 56 to 62.
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause which provides that the Act comes into force on the day after the date on which it receives the Royal assent.
Clause 3 states that the Act amends the Land Transport Act 1998.
Clause 4 amends section 77 by inserting a new subsection (5) which provides that subsection (3)(b) does not apply if a blood specimen was not able to be taken from a defendant for any reason, thereby allowing the result of an earlier evidential breath test to be admitted as evidence in a prosecution. A consequential amendment is also made to subsection (3).