Explanatory Statement Transport Legislation (Road Safety) Amendment Bill 2007 (Serial 98)
Tabled paper 881
Tabled papers for 10th Assembly 2005 - 2008; Tabled Papers for 10th Assembly 2005 - 2008; Tabled papers; ParliamentNT; Tabled Papers
Tabled By Delia Lawrie
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The arrangement in health centres is entirely voluntary however in hospitals, there is a requirement to ensure blood is taken for the purposes of the Act. Responsibility to ensure this occurs is as follows: (A) If a person is taken to hospital because they cannot give a breath sample (under section 23(11) (a)) - person in charge of the hospital. (B) If a person (over the age of 15) enters hospital for treatment or examination of injuries which may have occurred in a motor vehicle accident - the Minister administering hospitals in the Territory. In a hospital, blood can be taken from persons who are unconscious or who cannot consent. This is not permitted in health centres. Clause19. Amendment of section 27 (Evidence by certificate) This amends section 20 by removing references to hospital and replacing them with hospital or health centre. This means that both hospital and health centre staff are able to complete a certificate in the relevant prescribed form to be used in court proceedings if they have taken blood for the purposes of this Act. Clause 20. Amendment of section 38 (Proof of speed) This amends section 21 to provide that information as to the speed a vehicle was traveling at a particular time as recorded by a traffic infringement detection device (eg. speed camera) is prima facie evidence of the speed. Clause 21. Amendment of section 39 (Cancellation of licence) This amends section 39 to include alleged drink driving offences where a ticket was issued as being an earlier offence for the purposes of determining penalty. This section provides that where a driver has an earlier drink driving offence they will incur minimum licence disqualification where a driver is convicted of a low level drink driving offence where they have committed another low level offence in the last 3 years. Drivers will be disqualified for the following periods: (A) 3 months for a second offence within 3 years.