Page 2726 - Week 13 - Tuesday, 21 November 1989
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of them in which we were unable to proceed because the defendant had been unconscious when the blood was taken. Accordingly the person got off on a technicality.
The basic thrust of this Bill is to fix up that anomaly in the drink-driving legislation which has been progressively tightened and refined over the last decade or so. Accordingly, the Liberal Party supports the Bill.
We have highlighted, I think, our concerns about clause 9, which introduces a new situation into the law in the ACT in relation to certificates used for insurance purposes. I will speak more on that at the detail stage. As I indicated to the Chief Minister - I think it would be over a month ago now - we will be seeking to have clause 9 deleted, but more on that later. Regarding the rest of the Bill, we do not have any problems at all.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Clauses 1 to 8, by leave, taken together, and agreed to.
Clause 9 (Insertion)
MR STEFANIAK (3.44): Mr Speaker, I move:
That clause 9 be deleted.
I have been told by the Clerk that I do not need to circulate the amendment, which I think I had prepared about a month ago.
MR SPEAKER: You just have to move to oppose the clause, Mr Stefaniak.
MR STEFANIAK: Section 41 of the Motor Traffic (Alcohol and Drugs) Act, or Ordinance as it used to be, sets out a number of details in relation to certificates which can be produced in court in relation to drink-driving matters. Clause 9 would insert a proposed new section 41A. Currently when someone who has been convicted of drink-driving seeks to claim under an insurance policy, the certificates can be used as some form of evidence in relation to the proceedings.
The proposed new section 41A would preclude that from happening. I understand that the intent of clause 9 is to ensure that that occurs only in relation to a case in which a person has a sample of blood taken when he or she is unconscious. If that is correct, it is only a fairly small step, perhaps, at this stage. Nevertheless, it is a significant one. I went through all the amendments I could
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