Statutes Amendment (Drink and Drug Driving) Bill

Final Stages

The House of Assembly agreed to the bill with the amendments indicated by the following schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council:

No 1. Clause 10, page 8, lines 10 to 17 [Clause 10(1), inserted subsection (1)]—

Delete 'attend an assessment clinic for the purpose of submitting to an examination to determine whether or not the applicant is dependent on alcohol unless the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that the applicant has successfully completed a prescribed alcohol dependency treatment program not more than 60 days before the date of application for the licence' and substitute:

submit to an examination by an approved assessment provider to determine whether or not the applicant is dependent on alcohol

No 2. Clause 10, page 9, lines 2 to 9 [Clause 10(1), inserted subsection (2)]—

Delete 'attend an assessment clinic for the purpose of submitting to an examination to determine whether or not the applicant is dependent on drugs unless the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that the applicant has successfully completed a prescribed drug dependency treatment program not more than 60 days before the date of application for the licence' and substitute:

submit to an examination by an approved assessment provider to determine whether or not the applicant is dependent on drugs

No 3. Clause 10, page 9, lines 18 to 21 [Clause 10(3), inserted subsection (4)]—Delete 'that—

(a) that the applicant has undertaken a sufficient amount of appropriate treatment for dependency on alcohol; and

(b) the applicant is no longer dependent on alcohol.' and substitute:

that the applicant is no longer dependent on alcohol.

No 4. Clause 10, page 9, lines 27 to 30 [Clause 10(3), inserted subsection (5)]—Delete 'that—

(a) that the applicant has undertaken a sufficient amount of appropriate treatment for dependency on drugs; and

(b) the applicant is no longer dependent on drugs.' and substitute:

that the applicant is no longer dependent on drugs.

No 5. Clause 10, page 10, lines 32 to 34 [Clause 10, inserted subsection (9)]—Delete subsection (9)

No 6. Clause 20, page 14—This clause will be opposed.

No 7. Clause 34, page 20, after line 40—Insert:

(5) Schedule 1, clause 8(1)—delete 'subclause (2)(a)(ii)' and substitute:

subclause (2)(b)

(6) Schedule 1, clause 8(2)—delete subclause (2) and substitute:

(2) The results of a drug screening test, oral fluid analysis or blood test under Part 3 Division 5, an admission or statement made by a person relating to such a drug screening test, oral fluid analysis or blood test, or any evidence taken in proceedings relating to such a drug screening test, oral fluid analysis or blood test (or transcript of such evidence) will not be admissible in evidence against the person who submitted to the drug screening test, oral fluid analysis or blood test in any proceedings other than—

(a) proceedings for—

(i) an offence against this Act; or

(ii) an offence against the Motor Vehicles Act 1959; or

(iii) a driving-related offence; or

(iv) an offence against the Controlled Substances Act 1984; or

(b) if the test or analysis occurred in connection with the person's involvement in an accident—civil proceedings in connection with death or bodily injury caused by or arising out of the use of a motor vehicle involved in the accident (including proceedings under section 116 or 124A of the Motor Vehicles Act 1959 for the recovery from the person of money paid or costs incurred by the nominal defendant or an insurer).