Offence of failing to submit to saliva test
29AAFA Offence of failing to submit to saliva test
(1) A person who is required under section 29AAF to submit to a saliva test must not fail to provide a sample of saliva sufficient for the test, and any subsequent analysis, to be carried out.
Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.
For a second or subsequent offence – 7.5 penalty units or imprisonment for 6 months.
(2) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
driving under the influence of alcohol or a drug;
driving with a prohibited drug in the body;
failing to submit to a saliva test;
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(3) For subsection (2)(b), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.
(4) If a court finds a person guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:
(a) for a second offence – for a minimum period of 3 months; or
(b) for a subsequent offence – for a minimum period of 6 months.
(5) A relevant offence that is a second or subsequent offence is an immediate suspension offence.
This Act’s bill:Second reading speech
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