Supplementary Order Paper No 96

No 96

House of Representatives

Supplementary Order Paper

Tuesday, 23 November 2021

Land Transport (Drug Driving) Amendment Bill

Proposed amendments

Hon Michael Wood, in Committee, to move the following amendments:

Clause 4

In clause 4(1), after the definition of blood concentration level (page 5, after line 14), insert:

evidence of use of a qualifying drug has the meaning set out in section 11A(2)

In clause 4(1), definition of oral fluid testing device, replace “the notice” (page 6, line 12) with “a notice made under that section”.

Clause 5: new section 11A

In clause 5, replace new section 11A(2) (page 7, lines 25 and 26) with:

(2)

A person’s blood contains evidence of use of a qualifying drug if—

(a)

the blood concentration level of a listed qualifying drug exceeds the tolerance level for the drug; or

(b)

the blood contains any level of an unlisted qualifying drug.

Clause 6: new section 13(1)

In clause 6, new section 13(1), after “oral fluid tests,” (page 7, line 36), insert “compulsory impairment tests,”.

Clause 8A

Delete clause 8A (page 8, lines 10 to 18).

Clause 9: new section 57D(4)

In clause 9, new section 57D(4), replace 57A(1), 57B(1), or 57C(1) (page 16, line 15) with 57A(1) or 57B(1).

Clause 10

Replace clause 10(2) (page 16, line 33) with:

(2)

In section 58(3), replace “57A(1)” with 57A(1), 57B(1), 57C(1).

Clause 11

After clause 11(1) (page 16, after line 36), insert:

(1A)

In section 59(1)(c)(i), replace “breath test or a blood test or” with “breath test, an oral fluid test, a blood test, or”.

Clause 15: new section 64(1AB)

In clause 15, new section 64(1AB), delete “the court is satisfied that” (page 18, line 39).

Clause 16

In clause 16, replace 57C (page 19, line 22) with 57C(1).

Clause 17: new section 67(1)(aa)

In clause 17, new section 67(1)(aa)(ii), replace “:” (page 19, line 32) with “; and”.

Clause 20: new section 71A(4)(b)

In clause 20, replace new section 71A(4)(b) (page 21, lines 18 to 22) with:

(b)

if the result of a blood test indicates the presence of alcohol, 1 or more qualifying drugs, or both alcohol and 1 or more qualifying drugs, the person may be issued with an infringement notice or charged with an offence, depending on—

(i)

the proportion of any alcohol in the person’s blood; and

(ii)

the blood concentration level and type of the qualifying drugs (if any) in the person’s blood; and

Clause 22

Replace clause 22(2A) (page 28, line 19) with:

(2A)

In section 72(1A) and (1B), replace “Subsection (1)(e)” with Subsection (1)(h).

Clause 34: new section 167(2)(aaa)

In clause 34, new section 167(2)(aaa), replace section 57B(1) or 57C(1) (page 33, lines 24 and 25) with section 57B(2) or (3) or 57C(2), (3), or (4).

Clause 39 and cross-heading above clause 39

Delete clause 39 and the cross-heading above clause 39 (page 38, lines 24 to 27).

Schedule 1

Delete Schedule 1.

Explanatory note

This Supplementary Order Paper proposes amendments to the Land Transport (Drug Driving) Amendment Bill to—

  • move the definition of evidence of use of a qualifying drug into new section 11A of the Land Transport Act 1998 (which provides for a person’s general responsibility not to drive or attempt to drive while their blood contains evidence of, or their oral fluid indicates, use of a qualifying drug) and the general interpretation section of that Act; and

  • delete clause 39 and Schedule 1 (which provide for transitional provisions relating to the Legislation Act 2019 that are no longer needed); and

  • make other minor and technical amendments and corrections.