Interpretation
19 Interpretation
In this Part:
AIL, or alcohol ignition lock, means a device fitted to a motor vehicle that will prevent the starting of the vehicle unless:
a sample of a person's breath is given through the device; and
(b) the sample indicates the person has a BrAC of less than 0.02 grams per 210 litres of exhaled breath.
AIL licence, see section 10(4A) of the Motor Vehicles Act 1949.
AIL period, see sections 21(3)(b), 22(3)(b), 24(5)(b), 25(6A), 29AAA(3A)(b), 29AAE(3)(b) and 29AAH(3)(b).
AIL vehicle, see section 10(4A) of the Motor Vehicles Act 1949.
approved AIL, see section 5(1) of the Motor Vehicles Act 1949.
BAC means blood alcohol content.
BrAC means breath alcohol content.
commercial passenger vehicle, see section 3(1) of the Commercial Passenger (Road) Transport Act 1991.
crash, see Australian Road Rules – dictionary.
driving instructor means a person approved under section 25B of the Motor Vehicles Act 1949.
drug means a substance (other than alcohol):
prescribed by the Regulations under section 28; or
(b) that, when consumed, ingested or used by a person deprives the person, temporarily or permanently, of the person's normal mental or physical faculties.
GVM or gross vehicle mass, see section 5(1) of the Motor Vehicles Act 1949.
high range breath or blood alcohol content means:
(a) a BrAC of 0.15 grams or more of alcohol per 210 litres of exhaled breath; or
(b) a BAC of 0.15 grams or more of alcohol per 100 millilitres of blood.
immediate suspension offence means an offence that attracts a notice of immediate suspension under section 29AAN.
low range breath or blood alcohol content means:
(a) a BrAC of 0.05 grams or more, but less than 0.08 grams, of alcohol per 210 litres of exhaled breath; or
(b) a BAC of 0.05 grams or more, but less than 0.08 grams, of alcohol per 100 millilitres of blood.
mandatory period, see sections 21(3)(b), 22(3)(b), 24(5)(b), 25(6A), 29AAA(3A)(b), 29AAE(3)(b) and 29AAH(3)(b).
medium range breath or blood alcohol content means:
(a) a BrAC of 0.08 grams or more, but less than 0.15 grams, of alcohol per 210 litres of exhaled breath; or
(b) a BAC of 0.08 grams or more, but less than 0.15 grams, of alcohol per 100 millilitres of blood.
prohibited drug, see section 19A.
road, see Australian Road Rules – dictionary.
road-related area, see Australian Road Rules – dictionary.
saliva test means a test of a sample of a person's saliva to ascertain whether a prohibited drug may be present in the person's body.
In this Part:
drive:
means the act of driving a motor vehicle; and
includes starting the engine of a motor vehicle; and
also includes putting a vehicle in motion; and
includes attempting to do any of those things;
on a road, road-related area or public place.
(3) In this Part, a police officer directs a person to pull over (or pulls a driver over) when the officer signals to the person to bring the motor vehicle the person is driving to a stop near where the signal is made.
In this Part, a reference to a failure to:
submit to a breath test or breath analysis; or
submit to a saliva test; or
provide a sample of blood for analysis;
is taken to be a reference to:
(d) a refusal or failure to submit to a breath test or breath analysis, or to provide a sufficient sample of breath for a breath test or breath analysis; or
(e) a refusal or failure to submit to a saliva test or provide a sufficient sample of saliva; or
(f) a refusal or failure to submit to the taking of a sample of blood;
respectively.
(5) In this Part, a reference to driving under the influence of alcohol or a drug is taken to be a reference to driving a motor vehicle under the influence of alcohol or a drug, or any combination of alcohol and a drug or drugs, to such an extent as to be incapable of having proper control of the vehicle.
(6) In this Part, a reference to a period for which a person is disqualified from obtaining a licence is a reference to such a period decided by the court ordering the disqualification.
This provision refers to the regulations (prescribed by the Regulations
). Made under this Act:
This Act’s bill:Second reading speech
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