Supplementary Order Paper No 26

  • withdrawn on 22 June 2009

No 26

House of Representatives

Supplementary Order Paper

Wednesday, 17 June 2009

Land Transport Amendment Bill (No 4)


Proposed amendments

Hon Trevor Mallard, in Committee, to move the following amendments:

Clause 10

Clause 10 is amended by adding new subsection (5) after new section 71A(4):

  • (5) An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.

Clause 11

Clause 11 is amended by inserting new subsection (1B) after section 72(1A):

  • (1B) Subsection (1)(e) applies regardless of whether the person has failed any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests. An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69.


Explanatory note

The amendments to clauses 10 and 11 clarify the law to ensure that an enforcement officer can require a person who fails a breath screening test under section 68 or an evidential breath test under section 69 to provide a blood specimen if the officer has good cause to suspect that the person has consumed a drug or drugs.