Road Safety Amendment Act 2015
No. 40 of 2015
TABLE OF PROVISIONS
Section
Page
Part 1—Preliminary
1
2
1
Purposes
Commencement
1
2
Part 2—Amendments relating to blood samples for accidents
resulting in death or serious injury
3
4
5
6
7
8
9
Offences involving alcohol or other drugs
Amendment of section 55B
New section 55BA inserted
Evidentiary provisions—blood tests
Power to enter motor vehicles
Surrender of motor vehicle
Amendment to Schedule 1A
Part 3—Other amendments
3
3
4
6
6
6
6
7
10 Definitions for Part 6A
11 Surrender of motor vehicle
12 Hearing of application
7
8
8
Part 4—Repeal
10
13 Repeal of amending Act
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Endnotes
1
3
10
11
General information
11
i
Victoria
Road Safety Amendment Act 2015†
No. 40 of 2015
[Assented to 8 September 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are to amend the
Road Safety Act 1986—
(a) to establish a regime where a police officer
may require a driver or person in charge of a
motor vehicle involved in an accident
resulting in serious injury or death to allow a
blood sample to be taken for analysis; and
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Road Safety Amendment Act 2015
No. 40 of 2015
Part 1—Preliminary
(b) to clarify that the designated costs of
impounding or immobilising a motor vehicle
include administrative costs and the cost of
corporate support services; and
(c) to clarify that the 42 day time limit for
serving a notice for the surrender of a motor
vehicle applies to all operator onus offences;
and
(d) to clarify the circumstances under which a
court must not decline to make an
impoundment or immobilisation order or a
forfeiture order on the grounds of
exceptional hardship.
2 Commencement
(1) This Part and Parts 3 and 4 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Part 2 comes into operation on 30 October 2015.
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Road Safety Amendment Act 2015
No. 40 of 2015
Part 2—Amendments relating to blood samples for accidents resulting in
death or serious injury
Part 2—Amendments relating to blood
samples for accidents resulting in death or
serious injury
3 Offences involving alcohol or other drugs
In section 49(1) of the Road Safety Act 1986—
(a) in paragraph (ea), after "section 55B(1)"
insert "or 55BA(2)";
(b) in paragraphs (g), (i) and (j), for "section 55,
55B, 55E or 56" substitute "section 55, 55B,
55BA, 55E or 56".
4 Amendment of section 55B
(1) Insert the following heading to section 55B of the
Road Safety Act 1986—
"Blood and urine samples—persons
assessed to be impaired by drugs".
(2) After section 55B(1A) of the Road Safety Act
1986 insert—
"(1B) A police officer must not require a person to
allow a sample of the person's blood to be
taken for analysis or to furnish a sample of
the person's urine for analysis under
subsection (1) if the person has already had a
sample of blood taken from the person under
section 55BA.".
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Road Safety Amendment Act 2015
No. 40 of 2015
Part 2—Amendments relating to blood samples for accidents resulting in
death or serious injury
5 New section 55BA inserted
After section 55B of the Road Safety Act 1986
insert—
"55BA Blood samples—accidents resulting in
death or serious injury
(1) This section applies if a police officer
reasonably believes that an accident
involving one or more motor vehicles has
resulted in death or serious injury.
(2) Subject to subsections (4) and (5), the police
officer may require any person who the
police officer reasonably believes was, or
may have been, driving or in charge of a
motor vehicle involved in the accident at the
time of the accident to allow a registered
medical practitioner or an approved health
professional nominated by the police officer
to take from the person a sample of that
person's blood for analysis.
(3) For the purpose of subsection (2), the police
officer may require the person to accompany
a police officer to a place where the sample
is to be taken and to remain there until the
sample required to be taken has been taken
or until 3 hours after the accident, whichever
is sooner.
(4) A person is not obliged to allow a sample of
the person's blood to be taken for analysis if
more than 3 hours have passed since the
accident.
(5) A police officer must not require a person to
allow a sample of the person's blood to be
taken for analysis under this section if the
person is taken to a place for examination or
treatment in consequence of the accident.
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Road Safety Amendment Act 2015
No. 40 of 2015
Part 2—Amendments relating to blood samples for accidents resulting in
death or serious injury
(6) The registered medical practitioner or
approved health professional who takes a
sample of blood under this section must
deliver a part of the sample to the police
officer who required it to be taken and
another part to the person from whom it was
taken.
(7) A person must not hinder or obstruct a
registered medical practitioner or an
approved health professional attempting to
take a sample of the blood of any other
person in accordance with this section.
Penalty: 12 penalty units.
(8) No action lies against a registered medical
practitioner or an approved health
professional in respect of anything properly
and necessarily done by the practitioner or
approved health professional in the course of
taking any sample of blood which the
practitioner or approved health professional
believed on reasonable grounds was required
to be taken from any person under this
section.
(9) Without limiting sections 57 and 57A, if a
sample of a person's blood is taken in
accordance with this section, the results of
the analysis of the sample may be given to
the Corporation for the purposes of accident
research.
(10) Nothing in this section prevents a police
officer from requiring a person to undergo an
assessment of drug impairment in
accordance with section 55A.".
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Road Safety Amendment Act 2015
No. 40 of 2015
Part 2—Amendments relating to blood samples for accidents resulting in
death or serious injury
6 Evidentiary provisions—blood tests
In section 57(9) of the Road Safety Act 1986, for
"sections 55(9A), 55B, 55E(13) and 56"
substitute "sections 55(9A), 55B, 55BA, 55E(13)
and 56".
7 Power to enter motor vehicles
In section 63 of the Road Safety Act 1986,
for "section 53, 54, 55 or 55A" substitute
"section 53, 54, 55, 55A or 55BA".
8 Surrender of motor vehicle
In section 84H(2)(a)(ia)(A) of the Road Safety
Act 1986, for "section 55(9A), 55B(1)(a), 55E(13)
or 56(2)" substitute "section 55(9A), 55B(1)(a),
55BA(2), 55E(13) or 56(2)".
9 Amendment to Schedule 1A
In Schedule 1A to the Road Safety Act 1986, for
item 6 substitute—
"6
Section 50
Offence under
Before, on or after
section 49(1)(ba) 13 May 2002
or (ca)
6 months
6A
Section 50
Offence under
Before, on or after
section 49(1)(ea) 13 May 2002
of refusing to
comply with
a requirement
under
section 55B(1)
6 months
6B
Section 50
Offence under
On or after
section 49(1)(ea) 30 October 2015
of refusing to
comply with
a requirement
under section
55BA(2)
6 months".
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Road Safety Amendment Act 2015
No. 40 of 2015
Part 3—Other amendments
Part 3—Other amendments
10 Definitions for Part 6A
In section 84C of the Road Safety Act 1986, for
the definition of designated costs substitute—
"designated costs means the full cost of
impounding or immobilising a motor vehicle
under this Part including—
(a) where relevant, the cost of—
(i) driving or moving the motor
vehicle to a holding yard or place
where the motor vehicle is to be
impounded or immobilised; and
(ii) storing the motor vehicle at the
holding yard or place where the
motor vehicle is impounded or
immobilised; and
(iii) releasing the motor vehicle from
the holding yard or from
impoundment or immobilisation;
and
(b) any additional costs incurred if the
motor vehicle is impounded or
immobilised for longer than the
designated period or the period
specified under an impoundment or
immobilisation order; and
(c) any additional costs incurred if the
motor vehicle is relocated by a police
officer or an authorised officer under
section 84PB(1)(b) or (3); and
(d) administrative costs, including the cost
of corporate support services, incurred
in relation to the impoundment or
immobilisation of the vehicle or in
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Part 3—Other amendments
relation to any matter referred to in the
above paragraphs;".
11 Surrender of motor vehicle
(1) For section 84H(2)(a)(i) of the Road Safety Act
1986 substitute—
"(i) if the relevant offence is an offence to which
section 66 applies, within 42 days of the
commission of the relevant offence; or".
(2) For section 84H(3)(a)(i) of the Road Safety Act
1986 substitute—
"(i) if the relevant offence is an offence to which
section 66 applies, within the preceding
42 days; or".
12 Hearing of application
(1) In section 84Z(3) of the Road Safety Act 1986,
for "subsections (3A), (3B) and (3C)" substitute
"subsections (3A), (3AB), (3B) and (3C)".
(2) For section 84Z(3A) of the Road Safety Act 1986
substitute—
"(3A) The court must not decline to make an
impoundment or immobilisation order on the
grounds of exceptional hardship caused to
the offender if—
(a) the offender is disqualified from
obtaining a driver licence or learner
permit for a period of longer than
3 months; or
(b) the offender's driver licence or learner
permit is suspended for a period of
longer than 3 months.
(3AB) The court must not decline to make a
forfeiture order on the grounds of
exceptional hardship caused to the offender
if—
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No. 40 of 2015
Part 3—Other amendments
(a) the offender is disqualified from
obtaining a driver licence or learner
permit for any period; or
(b) the offender's driver licence or learner
permit is suspended for any period.".
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Road Safety Amendment Act 2015
No. 40 of 2015
Part 4—Repeal
Part 4—Repeal
13 Repeal of amending Act
This Act is repealed on 30 October 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Road Safety Amendment Act 2015
No. 40 of 2015
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
†
Minister's second reading speech—
Legislative Assembly: 24 June 2015
Legislative Council: 6 August 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Road Safety Act 1986 to provide for the taking of a blood sample of a
driver or the person in charge of a motor vehicle that is involved in an
accident that has resulted in serious injury or death and to make other
amendments to clarify the operation of that Act and for other purposes."
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