Land Transport (Random Oral Fluid Testing) Amendment Bill

  • defeated on 17 October 2018

Land Transport (Random Oral Fluid Testing) Amendment Bill

Member’s Bill

59—1

Explanatory note

General policy statement

The purpose of this Bill is to introduce a more effective regime for detecting drug driving in relation to THC, MDMA, and methamphetamine, by allowing for random oral fluid testing by enforcement officers.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and provides that the Bill will come into force on the day after the date on which it receives the Royal assent.

Clause 3 states that the Bill amends the Land Transport Act 1998 (the principal Act).

Clause 4 amends section 2 to provide definitions of terms used in provisions inserted by Bill.

Clause 5 inserts new section 11B, prohibiting driving when the oral fluid contains a specified drug (methamphetamine, MDMA, or THC).

Clause 6 amends section 58, which relates to the offence of contravening the section 12 prohibition on driving under the influence of alcohol or drugs, to include the prohibition in new section 11B.

Clause 7 amends section 59, which relates to a failure to remain at a specified place or accompany an enforcement officer, to extend it to compulsory oral fluid tests under new section 71B.

Clause 8 amends section 60, which relates a failure or refusal to permit a blood specimen to be taken or to undergo a compulsory impairment test, to extend it to compulsory oral fluid tests under new section 71B.

Clause 9 amends section 61, which relates to drivers causing injury or death while under the influence of drink or a drug, to extend it to those using any of the specified drugs.

Clause 10 amends section 62, which relates to causing injury or death in circumstances in which section 61 does not apply, to extend it to drivers using specified drugs.

Clause 11 amends section 64, which relates to defences, to include compulsory oral fluid tests.

Clause 12 inserts new section 71B, which imposes a requirement to undergo compulsory random oral fluid tests.

Clause 13 amends section 73A, so as to provide that evidence of the use of a controlled drug in oral fluid samples, as well as blood samples, is not to be used as evidence of controlled drug use in prosecutions for offences under the Misuse of Drugs Act 1975.

Clause 14 inserts new section 74A, which relates to the procedure for dealing with oral fluid specimens.