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Explanatory Statement Transport Legislation (Road Safety) Amendment Bill 2007 (Serial 98)



Explanatory Statement Transport Legislation (Road Safety) Amendment Bill 2007 (Serial 98)

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Tabled paper 881


Tabled papers for 10th Assembly 2005 - 2008; Tabled papers; ParliamentNT




Tabled By Delia Lawrie


Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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(B) It is more than 4 hours from the event which brought the driver to Police attention (being events described in section 23(1) and (2)). Clause 17. Amendment of section 24 (Right to communicate with medical practitioner) This section is amended to provide that a person in custody following a breath or blood test can ask the person who performed the breath or blood test to request another medical practitioner to either: (A) examine them and take a further blood sample; or (B) arrange another medical practitioner or qualified person to take a further blood sample. Clause 18. Repeal and substitution of sections 25 and 26 Sections 25 and 26 are repealed and replaced with provisions in relation to blood sampling for the purposes of the Act. A new section 25 is inserted allowing Police to require blood tests when it is believed a person has committed a drink driving offence and they do not provide a breath test for medical reasons. In this case, Police must choose whether to transport the driver to a hospital or to a health centre. If the person is to be taken to a health centre, Police will need to ensure there is a health practitioner available and willing to take blood as taking blood samples at health centres for the purposes of this Act is entirely voluntary. Different rules apply in hospital and health centres and a new section 26 is inserted which sets who can take blood: (A) in a hospital - medical practitioner, registered nurse or qualified person under the supervision of a medical practitioner or nurse. (B) in a health centre - medical practitioner, registered nurse or qualified person.

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