South Australian Consolidated Acts

ROAD TRAFFIC ACT 1961 - SECT 47BA

47BA—Driving with prescribed drug in oral fluid or blood

        (1)         A person must not—

            (a)         drive a motor vehicle; or

            (b)         attempt to put a motor vehicle in motion,

while a prescribed drug is present in his or her oral fluid or blood.

Penalty:

            (a)         for a first offence—a fine of not less than $900 and not more than $1 300;

            (b)         for a second offence—a fine of not less than $1 100 and not more than $1 600;

            (c)         for a third or subsequent offence—a fine of not less than $1 500 and not more than $2 200.

        (2)         Subject to subsection (3), it is a defence to a charge of an offence against subsection (1) if the defendant proves that he or she did not knowingly consume the prescribed drug present in his or her oral fluid or blood.

        (3)         Subsection (2) does not apply if the defendant consumed the prescribed drug believing that he or she was consuming a substance unlawfully but was mistaken as to, unaware of or indifferent to the identity of the prescribed drug.

        (4)         If a court convicts a person of an offence against subsection (1), the following provisions apply:

            (a)         the court must order that the person be disqualified from holding or obtaining a driver's licence—

            (ai)         in the case of a first offence—for such period, being not less than 3 months, as the court thinks fit;

                  (i)         in the case of a second offence—for such period, being not less than 6 months, as the court thinks fit;

                  (ii)         in the case of a third offence—for such period, being not less than 12 months, as the court thinks fit;

                  (iii)         in the case of a subsequent offence—for such period, being not less than 2 years, as the court thinks fit;

            (b)         if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;

            (c)         the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section.

        (5)         In determining whether an offence is a first, second, third or subsequent offence for the purposes of this section (other than subsection (6)), any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.

        (6)         If a person aged 16 years or more is alleged to have committed an offence against this section that is a first offence, the person cannot be prosecuted for that offence unless he or she has been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence and allowed the opportunity to expiate the offence in accordance with that Act.

        (7)         In determining whether an offence is a first offence for the purposes of subsection (6), any previous drink driving offence or drug driving offence for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed.