Legislative Assembly for the ACT: 2013 Week 6 Hansard (9 May) . . Page.. 1814..
of warrants at that time. It is also impractical, as the issuing magistrate may be unavailable when the warrant is executed and it is far easier to have the suspect brought before the "A"list magistrate. To ensure the expeditious hearing of the application in the court, this bill substitutes reference to "the magistrate"in section 37(1)(b) with a reference to "the court".
This bill amends sections 8, 9 and 10 of the Road Transport (Alcohol and Drugs) Act. These sections currently authorise a police officer to require a person to undergo a roadside alcohol screening test in stated circumstances. However, a person must be taken into custody before a second test can be conducted. Being taken into custody, while sometimes necessary, is not something that should happen only because of a technical requirement in the act. The amendments will allow a police officer to conduct more than one roadside alcohol screening test.
In the case that the first test is inconclusive and gives a result "on the margin", the amendments will allow police officers to conduct the second test at the roadside after a short interval without the need to take the tested person into custody first. In some cases, that means that someone who would otherwise be taken into custody will be allowed to leave without having been taken into custody.
The amendments will assist police officers to more effectively measure a person's blood alcohol concentration, because multiple tests allow the officer to determine whether the level of alcohol in the person's breath is rising or falling below the threshold for an offence under the act. Irrespective of whether one, or more than one, screening test is conducted, determination of a person's blood alcohol concentration for the purposes of charging a person with drink driving will continue to be based on the results of a breath analysis.
Madam Speaker, I am confident that this bill introduces amendments to the statute book that are relatively minor but which will improve the operation of ACT legislation. I commend the bill to the Assembly.
Debate (on motion by Mr Seselja) adjourned to the next sitting.
Planning and Development (Territory Plan Variations) Amendment Bill 2013
Mr Corbell, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.
Title read by Clerk.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for Workplace Safety and Industrial Relations and Minister for the Environment and Sustainable Development) (10.55): I move:
That this bill be agreed to in principle.