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Legislative Assembly for the ACT: 2000 Week 1 Hansard (16 February) . . Page.. 215 ..

MR RUGENDYKE (continuing):

Interestingly also, Mr Speaker, these machines are to comply with the relevant Australian Standard. It is my understanding, and I could be corrected, that the machines that the police have are not obliged to comply with the Australian Standard. I have no doubt of their accuracy, but to my knowledge they do not need to comply to this standard, which seems quite stringent. I will be supporting the Bill.

MR STEFANIAK (Minister for Education) (5.16): Mr Speaker, I reiterate what the Attorney said. When the Government looked at this matter it came to the conclusion it was sensible to support the Bill. I think there is a lot of merit in that, as there is in having the two-year sunset clause because of those difficulties Mr Humphries raised.

I have had a fair number of dealings in breathalyser matters. I prosecuted some of the major cases when the integrity of the police breathalysing machines was being put in doubt. I think I had the last two major cases that put beyond doubt the integrity of the police breathalysing machines. I do not think there is any doubt now about the detail that goes into ensuring that those machines are as accurate as possible. However, there are some potential problems if legislation like this is not in place. I think legislation like this actually assists further in terms of ensuring the integrity of the police breathalyser machines.

I am aware that one of the manufacturers of these machines has been keen to see them get into clubs. I am also well aware of the fact that the current batch of machines seem to be a big improvement on the ones that were available about 20 years ago. I well remember a machine that used to be in the Royals Rugby Football Club back in the late 1970s. It was on the wall there. You put in 20c and I think you could then blow into it. It did not tell you too much. It told you one of three things: Firstly, that you were okay, that was green; t hen there was a yellow/orange thing that said, "Don't have any more to drink"; then there was a big red thing that flashed, saying, "Hand your keys to the manager". I will always remember the 1979 grand final celebrations. Someone had put in 20c and blown into it and from about 6.30 or 7 pm that night it just continually flashed that red sign, "Hand your keys to the manager". It did not need anyone else to blow into it; the fumes around the place were enough. It was not a very accurate machine, I think, Mr Speaker, although perhaps on that night - - -

Mr Quinlan: That was the ambient alcohol content in that room.

MR STEFANIAK: It was the ambient alcohol content of the whole room. Perhaps that is not the most accurate way, Mr Speaker. I think on that evening most people would have been very sensible in handing their keys to the manager if they had been silly enough to drive there in the first place.

Having looked at these machines, having tried them out myself, having been involved over a number of years in prosecuting offences and seen how the police use the breathalyser machines, and even having been on occasions a control drinker, I can say that I think these current machines are a vast improvement on what was available 20 years ago. Yes, there are doubts about their absolute accuracy, and I do not think there is any way anyone can compare them with the highly accurate police machines; yet they do give a good gauge on the whole as to a person's state of sobriety and can give

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