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Library›TORUM Act 1995›Chapter 5 Road use›More than 1 specimen may be required›Time and place for provision of specimen›Time limits for requirement for specimen
TORUM Act 1995

Contents

  • Queensland
  • Transport Operations (Road Use Management) Act 1995
  • Queensland
  • Transport Operations (Road Use Management) Act 1995
  • Chapter 1Preliminary
  • Chapter 2Responsibilities for road use management strategies and programs
  • Chapter 3Road user performance and compliance
    • Part 1Alternative compliance
    • Part 1AApprovals
    • Part 1BCancelling vehicle registration for offensive advertisements
    • Part 2Authorised officers and accredited persons
    • Part 3Powers of authorised officers and other persons
      • Division 1Powers for places
      • Division 2Powers for vehicles
        • Subdivision 1Stopping vehicles
        • Subdivision 2Moving vehicles
        • Subdivision 3Other powers for vehicles
        • Subdivision 4Other provisions about stopping and moving vehicles etc.
      • Division 3Power to seize evidence
      • Division 3AAdditional seizure powers for certain vehicles for sale
      • Division 3B
      • Embargo notice for evidence about heavy vehicle or dangerous goods
      • Division 4
      • General powers
    • Part 4BReciprocal powers of authorised officers
    • Part 4CChief executive’s powers for vehicles, loads or other things
    • Part 5Offences
    • Part 6General
  • Chapter 4Review of decisions
  • Chapter 5Road use
    • Part 1Local government functions
    • Part 2Official traffic signs
    • Part 3Driving of vehicles and animals
      • 77Restricted written or electronic release of person’s prescribed authority and traffic history information
      • 77AAAChief executive may advise registered operator of offences committed in registered operator’s vehicle
      • 77AARestricted oral release of particular information
      • 77ABConfirming Queensland driver licence is valid
      • 77AReleasing information about Queensland driver licence or traffic history for research purposes
      • 78Driving of motor vehicle without a driver licence prohibited
      • 78APermit to drive—recently expired driver licence
      • 78BRiding electrically power-assisted cycle or personal mobility device without valid licence prohibited
      • 78DLiability of parent—offence committed by child against parent liability provision
      • 79Vehicle offences involving liquor or other drugs
      • (1C)Liability under subsection (1) if 2 convictions within 5 years under various provisions
      • (1D)Liability under subsection (1) if convicted within 5 years under other subsections
      • (1E)Liability under subsection (1) if 2 convictions within 5 years under other subsections
      • (1F)Offence of driving etc. while over middle alcohol limit but not over high alcohol limit
      • (2)Offence of driving etc. while over general alcohol limit but not over middle alcohol limit
      • (2AAA)Offence of riding bicycle or personal mobility device while over middle alcohol limit but not over high alcohol limit
      • (2AAB)Offence of riding bicycle or personal mobility device while over general alcohol limit but not over middle alcohol limit
      • (2AA)Offence of driving etc. while relevant drug is present in blood or saliva
      • (2A)Offence of driving etc. while over no alcohol limit but not over general alcohol limit if particular type of driver or licence
      • (2BB)Definition for subsection (2A)
      • (2B)Offence of driving etc. particular motor vehicles while over no alcohol limit but not over general alcohol limit
      • (2C)Motor vehicles to which subsection (2B) applies
      • (2D)Offence of driving etc. tram, train or vessel while over no alcohol limit but not over general alcohol limit
      • (2E)Vessels to which subsection (2D) applies
      • (2F)Liability under various subsections if conviction within 5 years under the subsections
      • (2G)Liability under various subsections if 2 convictions within 5 years under the subsections
      • (2H)Liability under various subsections if conviction within 5 years for other offences
      • (2I)Liability under various subsections if conviction within 5 years under the subsections and another conviction
      • (2J)Offence for particular licence holders if driving etc. while over no alcohol limit but not over general alcohol limit
      • (2K)Offence for class RE licence holders if riding etc. a motorbike while over no alcohol limit but not over general alcohol limit
      • (2L)Offence for class RE licence holders if learning to ride etc. a class R motorbike while over no alcohol limit but not over general alcohol limit
      • (2M)Definitions for subsections (2K) and (2L)
      • (3)Presumption that defendant is under the influence of liquor if over high alcohol limit
      • (4)Conviction for offence against subsection (1F), (2), (2A), (2B), (2D), (2J), (2K) or (2L) in particular circumstance
      • (4A)Conviction for offence against subsection (1F) or (2) in particular circumstance
      • (5)Conviction for offence under subsection (2AA) in particular circumstances
      • (5A)Subsection (5) does not limit subsections (4) and (4A).
        • (6)Court not to convict if satisfied of particular matters
          • (7)Offence of driving etc. animals and other things while under the influence
          • (7A)Offence of riding etc. bicycle or personal mobility device while under the influence
          • (7B)Presumption that defendant of offences involving bicycles or personal mobility devices is under the influence of liquor if over high alcohol limit
          • (8)Use of 'liquor or a drug' in charge not bad
          • (8A)Conviction even if particular influence not established
          • (9)Suspension of driver licence on failure to appear
          • (10)Court's discretion for subsection (9) order
          • (10A)Definition for subsection (10)
          • (11)Application of subsections (1)–(2L)
          • (12)Criminal Code, section 24, not applicable
          • 79AAProvisions applying to supervisor of a learner
          • 79AWhen is a person over the limit
          • 79BImmediate suspension or disqualification
          • 79CWhen person is charged for s 79B
          • 79DNotice to be given of suspension or disqualification
          • 79ECourt may allow particular person whose licence is suspended under s 79B to drive
          • 79FReplacement licence if there is an order under s 79E
          • 79GWhen person is disqualified while section 79E order applies
          • 79HInfringement notices for driving while over general alcohol limit but not over middle alcohol limit
          • 79IAdministrative disqualification for driving while over general alcohol limit but not over middle alcohol limit
          • 79JEffect of administrative disqualification
          • 80Breath and saliva tests, and analysis and laboratory tests
          • (1A)When person taken not to have provided specimen
          • (2)Request for specimen of breath or saliva in relation to circumstances involving motor vehicles, trams, trains or vessels
          • (2AA)Request for specimen of breath in relation to circumstances involving bicycles or personal mobility devices
          • (2A)Request for specimen of breath or saliva after incident involving motor vehicles, trams, trains or vessels
          • (2AAA)Request for specimen of breath after incident involving bicycles or personal mobility devices
          • (2B)Application of subsection (2C)
    • More than 1 specimen may be required
      • Time and place for provision of specimen
        • Time limits for requirement for specimen
          • Forcible taking of person to police station or other place
          • Offence of failing to provide specimen as required
          • When person is not guilty under subsection (5A)
          • Powers of police for subsections (8)–(8L)
          • (8)Particular persons under arrest or detained may be required to provide specimen
          • (8A)Detaining person mentioned in subsection (8)
          • (8B)Person may be taken to particular places for subsections (8)–(8L)
          • (8C)Police officer may require specimen if person at hospital
          • (8D)Limitation applying to requisition under subsection (8C)
          • (8E)Specimen of blood must be required if doctor's certificate produced
          • (8F)Providing a specimen of breath
          • (8FA)Providing a specimen of saliva
          • (8G)Authorising a police officer to operate breath or saliva analysing instrument
          • (8H)Lost, mislaid or destroyed instrument of authority
          • (8I)Certificate of commissioner about authorisation
          • (8L)Application of subsection (8M)
          • (8M)Requiring as many specimens as considered reasonably necessary
          • (9)Requiring specimen of blood or urine for laboratory test
          • (9A)Powers of a police officer making requisition under subsection (9)
          • (9B)Taking of specimen of blood by health care professional
          • (9C)Providing specimen of urine as directed by doctor or nurse
          • (10)Requiring doctor or nurse to obtain specimen of blood for laboratory test
          • (10A)Obligations of doctors and nurses when taking specimen of blood
          • (10B)Qualified assistant may take specimen of blood
          • (10C)Specimen of blood also to be given to person
          • 10DDoctor or nurse need not comply with subsection (10A) in particular circumstances
          • 10ELimitation on requiring specimen of blood when specimen of breath previously provided and analysed
          • 10EALimitation on requiring specimen of blood when specimen of saliva previously analysed
          • 10GLawful to take specimen of blood without consent
          • 11Guilt of offence and liability for failing to provide specimen
          • 11APerson not guilty under subsection (11) in particular circumstances
          • 15Breath analysis certificate
          • (15A)Subsection (15) certificate evidence
          • (15AB)Saliva analysis instrument record and notices
          • (15AC)Approved form for person whose saliva is tested is to include particular matters
          • (15B)Certificate of failure to provide breath or saliva specimen
          • (15F)Subsection (15B) certificate evidence
          • (15G)Evidence from breath analysing instrument
          • (15H)Evidence may be negatived
          • (16)Delivery of blood, urine or saliva specimen to laboratory
          • (16A)Prescribed delivery of specimen to laboratory
          • (16B)Certificate by analyst is evidence of stated matters
          • (16BA)Request for laboratory’s records
          • (16C)Certificate by health care professional of failure to provide blood specimen
          • (16E)Subsection (16C) certificate evidence
          • (16F)Three hours proof of alcohol or drug concentration by laboratory test
          • (16FA)Three hours proof of relevant drug presence by laboratory test
          • (16G)Evidence may be negatived
          • (16H)Adjournment of hearing for reasons relating to certificate of analyst
          • (16J)Deposition about giving certificate
          • (16K)Subsection (16J) deposition evidence
          • (16L)Court may deal with a charge even if laboratory test result unknown
          • (18)Certificate by health care professional is evidence of stated matters
          • (18A)Certificate by particular person is evidence of matters relating to the person
          • (19)Evidence of compliance with subsection (16A)
          • (20)Person providing specimen of blood or saliva may request specimen
          • (20A)Health care professional must comply with request under subsection (20)
          • (21)Definition for subsection (22)
          • (22)Application of subsection (22AA)
          • (22AA)Suspension of driver licence for 24 hours in particular circumstances
          • (22A)Police officer to give statement of suspension
          • (22AB)Definition for subsection (22AC)
          • (22AC)Application of subsection (22AD)
          • (22AD)Prohibition from riding bicycle or personal mobility device
          • (22AE)Police officer to give notice of prohibition
          • (22B)Arrest immaterial
          • (22C)No review or appeal lies for suspension
          • (22D)Offence of driving motor vehicle during suspension
          • (22DA)Offence of riding bicycle or personal mobility device while prohibited under subsection (22AD)
          • (23)If doctor unavailable, police officer may take person to another place for taking of specimen
          • 24Evidence of concentration of alcohol, drug etc. is admissible in trial on indictment
          • 24AProvisions about evidence admissible under subsection (24)
          • 26Defendant to give 14 days notice of intention to lead evidence of particular matters
          • 27Requirements for notice under subsection (26)
          • 28Court’s leave necessary for particular persons to be required to attend hearing
          • 29When court may grant leave under subsection (28)
          • 30Matters for proceedings for offence against section 79 or 83 or the Criminal Code, section 328A
          • 80AALimitation on use of saliva for saliva test or saliva analysis and related matters
          • 80AObstructing the taking of a blood specimen
          • 80BInterstate exchange of information
          • 82Offenders may be ordered to attend training programs
          • 83Careless driving of motor vehicles
          • 84Dangerous driving of vehicles (other than motor vehicles), trams, trains or animals on roads
          • 84AARiding particular vehicles without due care and attention on road-related areas
          • 84ADriving of motor vehicles carrying placard loads in tunnels
          • 84BRiding prohibited bikes in public
          • 84CFalse or misleading labelling related to electrically power-assisted cycles
          • 85Racing and speed trials on roads
          • 85AWilfully causing motor vehicle to lose traction with road
          • 86Disqualification of drivers of motor vehicles for certain offences
          • 87Issue of restricted licence to disqualified person
          • 88Variation of conditions
          • 89Power to disqualify person from holding or obtaining Queensland driver licence though acquitted of certain indictable offences
          • 90Power to disqualify person from holding or obtaining Queensland driver licence though complaint dismissed
          • 90ADefinitions for ss 90B–90D
          • 90BCumulative periods of disqualification for offences committed at different times
          • 90CCumulative periods of disqualification for acts done and offences committed at same time
          • 90DOther matters about cumulative periods of disqualification
          • 91Chief executive to be advised of persons disqualified from holding Queensland driver licences etc.
    • Part 3AEducation programs for drink drivers
    • Part 3BAlcohol ignition interlocks
    • Part 4Incidents on roads and other areas
    • Part 5Traffic diversions and removal of things from roads
    • Part 6Regulated parking
    • Part 7Detection and testing devices
      • Division 1Speed detection devices
      • Division 2Photographic detection devices
        • 113Definitions for div 2
        • 113APhotographic detection device defined
        • 114Offences detected by photographic detection device
        • 115Limitation of prosecution period extended in particular circumstances
        • 116Notice accompanying summons
        • 117Use of penalties collected for camera-detected offences
        • 118Photographic or video evidence—inspection
        • 119Notice of dispute about traffic control device or sign
        • 120Evidentiary provisions
        • 120AAverage speed of motor vehicle is evidence of actual speed in certain circumstances
        • 120BApplication of highest or average speed limit if multiple speed limits
        • 120CApplication of maximum speed limit if variable speed limit
        • 120DPhotographic or video evidence about use of approved seatbelt
        • 120EPhotographic or video evidence of matter relating to driver distraction offence
        • 120FReport about prescribed offence detected by photographic detection device
        • 121Application of the State Penalties Enforcement Act 1999
      • Division 3Approved testing devices
    • Part 7ACrossing supervisor scheme
    • Part 7BLegacy EPAC and special purpose EPAC verification
    • Part 8Proceedings and evidence
      • 123Records
      • 123AProof of appointments unnecessary
      • 123BProof of signatures unnecessary
      • 123CCertificate is evidence of matter in certificate
      • 123DDelegation
      • 123ECertified copies of documents
      • 123FCertified copy of licence or other document
      • 123GCertified copy of licence or other document under corresponding law
      • 123HCertified copy of plan of installation of photographic detection device
      • 123ICertificate is evidence of another matter—stop watches, other watches and speedometers
      • 123JCertificate is evidence of another matter—speed detection
      • 123KCertificate is evidence of another matter—speedometer accuracy indicator
      • 123KACertificate is evidence of another matter—approved testing device
      • 123LCertificate is evidence of another matter—analysing instrument
      • 123MExemption or non-application of provision—onus of proof
      • 123NEvidence of registration number
      • 123OMatters not necessary to prove
      • 123PEvidence about analysing instruments
      • 123QEvidence about parking meters and parkatareas
      • 123RChallenges to devices
      • 123SInstruments
      • 123SAEvidence of particular matters relating to vehicles
      • 123TTransport documentation
      • 123UEvidence not affected by nature of vehicle
      • 123VProceedings for offences
      • 123WBlack and white reproductions of words in colour
      • 124Facilitation of proof
      • 124AAInspection certificates
      • 124AAdditional ground of challenge not stated in written notice required under particular provisions
      • 125When offences not to be dealt with summarily
      • 125AOnus of proof not lessened or affected
    • Part 9General
      • 126Fraud and unlawful possession of licences
      • 126ASmartcard authority is property of the State
      • 127Effect of disqualification
      • 128Effect of disqualification on subsequent issue of Queensland driver licence
      • 129AEffect of suspension of licence under other Acts
      • 129BDisqualification period for person driving more than 40km/h over speed limit
      • 130Delivery of cancelled or surrendered licences, or licences for endorsement
      • 131Reviews and appeals with respect to issue of licences etc.
      • 131ARemoving absolute disqualification imposed before 13 March 2002
      • 133Business owner to record information about repairs and painting
      • 133AWhen information in s 133 must be recorded
      • 133BHow long information in s 133 must be kept
      • 134Altering, defacing or removing identifying numbers
      • 135Unlawfully interfering with, or detaining, vehicles etc.
      • 136Agreements for detaining vehicles
      • 137Injurious matter on roads
      • 139Service of determinations, notices, orders, and directions of the commissioner or the chief executive
      • 140Service if address unknown etc.
      • 141Instruments not affected by error
      • 142Health professional’s disclosure not breach of confidence
      • 143Confidentiality
      • 144Act does not apply to police officer in course of duty
    • Part 10Fees and regulations
  • Chapter 5ATransporting dangerous goods
    • Part 1Preliminary
    • Part 2Regulations and emergency orders
    • Part 3Exemptions
    • Part 4Offences and matters relating to legal proceedings
    • Part 5Improvement notices
    • Part 6Dangerous situation notices and relevant oral directions
    • Part 7Other matters
  • Chapter 5ABGoods too dangerous to be transported
  • Chapter 5BRequirements for particular applications and nominations
  • Chapter 6Miscellaneous
  • Chapter 7Transitional and validation provisions
    • Part 1Transitional provisions for Transport Operations (Road Use Management) Act 1995
    • Part 2Transitional provisions for Transport Legislation Amendment Act 1998
    • Part 3Transitional provisions for Road Transport Reform Act 1999
    • Part 4Transitional provisions for Transport Operations (Road Use Management) Amendment Act 2002
    • Part 5Transitional provision for Transport Legislation Amendment Act (No. 2) 2002
    • Part 6Transitional provision for the Transport Operations (Road Use Management) and Another Act Amendment Act 2003
    • Part 7Transitional provisions for the Transport Legislation Amendment Act 2005
    • Part 8Transitional provisions for Maritime and Other Legislation Amendment Act 2006
    • Part 9Transitional provisions for Transport Legislation and Another Act Amendment Act 2007
    • Part 10Transitional provisions for Transport Legislation Amendment Act 2007
    • Part 11Validating provisions for Transport Legislation Amendment Act 2007
    • Part 12Transitional provision for Criminal Code and Other Acts Amendment Act 2008
    • Part 13Transitional provisions for the Transport and Other Legislation Amendment Act 2008, part 2, division 3
    • Part 15Transitional provisions for Transport and Other Legislation Amendment Act 2010
    • Part 17Transitional provisions for the Transport and Other Legislation (Heavy Vehicle National Law) Amendment Act 2013
    • Part 18Transitional provision for Transport and Other Legislation Amendment Act 2014
    • Part 19Transitional provision for Holidays and Other Legislation Amendment Act 2015
    • Part 20Transitional provision for Transport and Other Legislation Amendment Act 2017
    • Part 21Transitional provisions for Heavy Vehicle National Law and Other Legislation Amendment Act 2018
    • Part 22Transitional provision for Termination of Pregnancy Act 2018
    • Part 23Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019
    • Part 24Transitional provision for Transport Legislation (Disability Parking and Other Matters) Amendment Act 2020
    • Part 25Transitional provisions for Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Act 2020
    • Part 26Transitional provision for Transport Legislation (Road Safety and Other Matters) Amendment Act 2022
    • Part 27Transitional provisions for Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Act 2026
    • Part 28Transitional provisions for Transport and Other Legislation Amendment Act 2026
  • Schedule 1
  • Schedule 2Disqualifying offences under the Criminal Code—crossing supervisors
  • Schedule 3Reviewable decisions
  • Schedule 3
  • Schedule 4Dictionary
  • Schedule 4

(16G)Evidence may be negatived#

The defendant may negative the evidence mentioned in subsection (16F) or (16FA) if the defendant proves the result of the laboratory test of that specimen of blood or saliva was not a correct result.

Source: TORUM Act 1995 · page 211 Open PDF at this page Search this document
← Previous(16FA) Three hours proof of relevant drug presence by laboratory test Next →(16H) Adjournment of hearing for reasons relating to certificate of analyst
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