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TRAFFIC LEGISLATION AMENDMENT BILL 2024

Serial 121
Traffic Legislation Amendment Bill 2024
Mr Turner

A Bill for an Act to amend the Traffic Act 1987 and the Traffic Regulations 1999

NORTHERN TERRITORY OF AUSTRALIA

TRAFFIC LEGISLATION AMENDMENT ACT 2024

____________________

Act No. [ ] of 2024

____________________

Table of provisions

Part XI Transitional matters for Traffic Legislation Amendment Act 2024

64 Application of amended provision

55A Prohibited drugs

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2024

____________________

An Act to amend the Traffic Act 1987 and the Traffic Regulations 1999

[Assented to [ ] 2024]

[Introduced [ ] 2024]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Traffic Legislation Amendment Act 2024.

2 Commencement

This Act commences on the day after the day on which the Administrator's assent to this Act is declared.

Part 2 Amendment of Traffic Act 1987
3 Act amended

This Part amends the Traffic Act 1987.

4 Section 3 amended (Interpretation)

Section 3(1), definition prohibited drug

omit

19A.

insert

19(1).

5 Section 19 amended (Interpretation)

Section 19(1), definition prohibited drug

omit, insert

prohibited drug means a drug prescribed by regulation as a prohibited drug.

6 Section 19A repealed (Prohibited drug)

Section 19A

repeal

7 Section 28 amended (Driving with certain drugs in body)

After section 28(3)

insert

(3A) It is a defence to a prosecution for an offence against subsection (1) if the defendant satisfies the court that:

(a) the defendant was, at the time of the alleged offence, under treatment by a medical practitioner and took the drug as part of that treatment; and

(b) the defendant took the drug in accordance with the directions of the medical practitioner.

8 Section 29 repealed (Defence for certain drugs)

Section 29

repeal

9 Part XI inserted

After section 63

insert

Part XI Transitional matters for Traffic Legislation Amendment Act 2024

64 Application of amended provision

(1) Section 28(3A) also applies in relation to an offence committed before the commencement if proceedings in relation to that offence had not been finalised before the commencement.

(2) In this section:

commencement means the commencement of section 7 of the Traffic Legislation Amendment Act 2024.

Part 3 Amendment of Traffic Regulations 1999
10 Regulations amended

This Part amends the Traffic Regulations 1999.

11 Regulation 55A replaced

Regulation 55A

repeal, insert

55A Prohibited drugs

For section 19(1) of the Act, definition prohibited drug, the drugs specified in Schedule 1A are prohibited drugs.

12 Regulation 55B amended (Licence suspension for up to 24 hours)

(1) Regulation 55B(a) and (b)

omit, insert

(a) a saliva test gave a positive indication of the presence of:

(i) morphine and the person denies consuming morphine; or

(ii) a prohibited drug and the person satisfies the police officer that:

(A) the person is under treatment by a medical practitioner and took the drug as part of that treatment; and

(B) the person took the drug in accordance with the directions of the medical practitioner; and

(b) the saliva test did not give a positive indication of the presence of any prohibited drug other than a drug in relation to which paragraph (a)(i) or (ii) applies; and

(2) Regulation 55B, note, after "Note"

insert

for paragraph (a)(i)

13 Schedule 1A amended (Drugs prescribed for section 19A of Act)

(1) Schedule 1A, heading

omit, insert

Schedule 1A Prohibited drugs

regulation 55A

(2) Schedule 1A

omit

Part A

The following drugs are prescribed for section 19A(a) of the Act:

(3) Schedule 1A

omit

Part B

The following drugs are prescribed for section 19A(b) of the Act:

Part 4 Repeal of Act
14 Repeal of Act

This Act is repealed on the day after it commences.

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