The title of the bill dealing with driving under the influence of alcohol may have puzzled some consumers. The title is ‘The Evidence and Motor Vehicles and Road Traffic (Amendment) Bill 2008.’ It is the first time that two acts are being amended at the same time. We have had miscellaneous bills dealing with the amendment of several acts but never two acts under one bill.
When one looks at this bill it can be seen that the two bills are intertwined, Part 1, Preliminary states:
“1. This Act which amends the Evidence Act and the Motor Vehicles and Road Traffic Act may be cited as the Evidence and Motor Vehicles and Road Traffic (Amendment) Act 2008 and shall come into operation on such date as the minister may by order appoint.
Amendment of the Evidence Act
“The Evidence Act is amended in the following respects –
“(a) By the insertion in section two in the proper alphabetical order the following definition – ‘Authorized analyst’ means a person designated as such by the Minister responsible for Motor Vehicles and Road Traffic Act for the purpose of that Act.
“(b) By the insertion after section 43 of the following sections as section 43A and 43B –
“43A For the purposes of any proceedings for an offence under section 39 or 39A of The Motor Vehicles and road Traffic Act, a certificate signed by an authorized analyst, certifying the proportion of alcohol found in a specimen identified by the certificate shall, subject to section 39F (3) of that Act, be evidence of the matters so certified and of the qualifications of the analyst.
“2. For the purposes of any proceedings for an offence under section 39 or 39A of The Motor Vehicle and Road Traffic Act, a certificate purporting to be signed by a registered medical practitioner that he took a specimen of blood from a person with that person’s consent shall, subject to section 39F (3) of that Act, be evidence of the matters so certified and of the qualifications of the registered practitioner.”
There are other clauses which can be seen in the bill obtainable at the Parliament Office.
Next week the explanatory memorandum will appear.