South Australian Numbered Acts

STATUTES AMENDMENT (TRANSPORT PORTFOLIO--ALCOHOL AND DRUGS) ACT 2009 (NO 8 OF 2009) - SECT 16

16—Insertion of section 79B

After section 79A insert:

79B—Alcohol and drug dependency assessments and issue of licences

        (1)         If an applicant for the issue of a licence has, during the period of 5 years immediately preceding the date of application, expiated or been convicted of—

            (a)         3 or more category 1 offences; or

            (b)         2 category 1 offences and 1 category 2 offence; or

            (c)         2 or more serious drink driving offences,

the Registrar must, before determining the application for the licence, direct the applicant to attend an assessment clinic for the purpose of submitting to an examination to determine whether the applicant is dependent on alcohol.

        (2)         If an applicant for the issue of a licence has, during the period of 5 years immediately preceding the date of application, expiated or been convicted of 2 or more drug driving offences, the Registrar must, before determining the application for the licence, direct the applicant to attend an assessment clinic for the purpose of submitting to an examination to determine whether the applicant is dependent on drugs.

        (3)         The superintendent of an assessment clinic must, as soon as practicable after the assessment of a person has been completed under this section, furnish a report on the examination to the Registrar, and send a copy of the report to the person.

        (4)         Subject to subsection (6), if the Registrar is satisfied, on the basis of the report of the superintendent of an assessment clinic, that the applicant is dependent on alcohol, the Registrar must refuse to issue a licence to the applicant until the applicant satisfies the Registrar, on the basis of a report of the superintendent of an assessment clinic or such other evidence as the Registrar may require, that the applicant is no longer dependent on alcohol.

        (5)         If the Registrar is satisfied, on the basis of the report of the superintendent of an assessment clinic, that the applicant is dependent on drugs, the Registrar must refuse to issue a licence to the applicant until the applicant satisfies the Registrar, on the basis of a report of the superintendent of an assessment clinic or such other evidence as the Registrar may require, that the applicant is no longer dependent on drugs.

        (6)         If the Registrar is satisfied, on the basis of the report of the superintendent of an assessment clinic, that the applicant is dependent on alcohol, but the applicant is willing to accept a licence subject to the mandatory alcohol interlock scheme conditions, the Registrar may, subject to this Act, issue such a licence to the applicant.

        (7)         The mandatory alcohol interlock scheme conditions of a licence issued under this section are effective until the holder of the licence satisfies the Registrar, on the basis of a report of the superintendent of an assessment clinic or such other evidence as the Registrar may require, that the holder of the licence is no longer dependent on alcohol.

        (8)         In this section—

"assessment clinic" means a place approved as an assessment clinic for the purposes of this section by the Minister to whom the administration of the Health Care Act 2008 is committed.

        (9)         Nothing in this section derogates from the Registrar's powers under section 80 or 81.