Road Safety Amendment (Drinking while Driving) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety Amendment (Drinking while Driving) Act 2011 No. 77 of 2011 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Definitions 2 4 New section inserted after section 49A 2 49B Offence to consume intoxicating liquor while driving 2 49C Offence to consume intoxicating liquor while accompanying a learner driver 2 5 Traffic infringements 3 6 Repeal of amending Act 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Road Safety Amendment (Drinking while Driving) Act 2011 † No. 77 of 2011 [Assented to 13 December 2011] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Road Safety Act 1986 to prohibit the consumption of intoxicating liquor while driving and to provide for related matters. 2 Commencement This Act comes into operation on the day after the day on which this Act receives the Royal Assent. Victoria -- 2 of 5 -- Road Safety Amendment (Drinking while Driving) Act 2011 No. 77 of 2011 2 Authorised by the Chief Parliamentary Counsel 3 Definitions (1) Insert the following definition in section 3(1) of the Road Safety Act 1986— "drinking while driving infringement means an offence under section 49B or 49C;". (2) In the definition of traffic infringement in section 3(1) of the Road Safety Act 1986, after paragraph (f) insert— "(g) a drinking while driving infringement; or". 4 New section inserted after section 49A After section 49A of the Road Safety Act 1986 insert— "49B Offence to consume intoxicating liquor while driving (1) A person must not consume intoxicating liquor while the person is driving a motor vehicle or is in charge of a motor vehicle. Penalty: 10 penalty units. (2) For the purposes of subsection (1) a person is not taken to be in charge of a motor vehicle unless that person is a person to whom section 3AA(1)(a), (b) or (c) applies. 49C Offence to consume intoxicating liquor while accompanying a learner driver A person must not consume intoxicating liquor while the person is an accompanying licensed driver. Penalty: 10 penalty units.". s. 3 -- 3 of 5 -- Road Safety Amendment (Drinking while Driving) Act 2011 No. 77 of 2011 3 Authorised by the Chief Parliamentary Counsel 5 Traffic infringements (1) In section 88(1) of the Road Safety Act 1986, after "for the purposes of this Part" insert ", or that is a drinking while driving infringement,". (2) In section 88(5) of the Road Safety Act 1986, after "any traffic infringement" insert "(other than a drinking while driving infringement)". (3) After section 88(5) of the Road Safety Act 1986 insert— "(5A) The penalty for the purposes of this section for a drinking while driving infringement is 2 penalty units.". 6 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 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). ═══════════════ s. 5 -- 4 of 5 -- Road Safety Amendment (Drinking while Driving) Act 2011 No. 77 of 2011 4 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 December 2011 Legislative Council: 6 December 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 to prohibit the consumption of intoxicating liquor while driving and to provide for related matters and for other purposes." Endnotes -- 5 of 5 --