Australian Capital Territory Numbered Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) (RANDOM DRUG TESTING) AMENDMENT ACT 2010 (NO. 27 OF 2010) - SECT 20

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20     Driving with prescribed drug in oral fluid or blood

    (1)     A person commits an offence if the person—

        (a)     has been the driver of a motor vehicle on a public street or in a public place; and

        (b)     has, within the relevant period, a prescribed drug in the person's oral fluid or blood.

Maximum penalty:

        (a)     for an offence by a first offender—10 penalty units; and

        (b)     for an offence by a repeat offender—25 penalty units, imprisonment for 3 months or both.

    (2)     In this section:

"relevant period "means the period beginning when the person stopped being the driver of the vehicle and ending at the latest time when—

        (a)     a breath or oral fluid analysis of the person may be carried out under this Act; or

        (b)     if section 15 (Taking blood samples from people in custody) or section 15AA (Taking blood samples from people in hospital) applies—a sample of the person's blood may be taken under that section.