1: Title
This Act is the Land Transport (Drug Driving) Amendment Act 2025.
2: Commencement
1: This Act comes into force on a single date set by Order in Council.
2: If this Act has not come into force by 1 April 2026
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
3: Principal Act
This Act amends the Land Transport Act 1998 2026-04-01 Land Transport Act 1998
1: Amendments to Parts 1 and 2
1: Amendments to Part 1 (preliminary provisions)
4: Section 2 amended (Interpretation)
1: In section 2(1)
a: oral fluid test
b: oral fluid testing device
2: In section 2(1) elective oral fluid sample section 71DC(2) family of qualifying drugs
a: share a substantially similar chemical structure (for example, benzodiazepines and amphetamine); or
b: have a similar effect, including a pharmacological effect, if consumed, smoked, snorted, or injected by any person, or used in any other manner intended to have a pharmacological effect on the user (for example, opiates) oral fluid sample
a: by means of an oral fluid screening test that the person undergoes under any of sections 71A to 71C
b: as an oral fluid sample under section 71DE(2) oral fluid screening device section 71G
a: 1 or more qualifying drugs specified in a notice made under that section:
b: 1 or more families of qualifying drugs specified in a notice made under that section oral fluid screening test positive evidential threshold section 71GA(1)(b) positive screening threshold section 71G(2)(b) relevant standard section 71G(8) specified family of qualifying drugs section 71G(2)(a)(ii) specified qualifying drug section 71G(2)(a)(i)
3: In section 2(1) approved laboratory approved laboratory see
a: analysing blood specimens taken for the purposes of this Act:
b: analysing oral fluid samples taken for the purposes of this Act
4: In section 2(1) first oral fluid test
a: replace first oral fluid test first oral fluid screening test
b: replace oral fluid test oral fluid screening test
5: In section 2(1) positive
b: in relation to the result of an oral fluid screening test, means the result of the test indicates either or both of the following:
i: that the concentration level of a qualifying drug in the oral fluid of the person who underwent the test equals or exceeds the concentration level specified for that qualifying drug in a notice made under section 71G
ii: that the concentration level of a family of qualifying drugs in the oral fluid of the person who underwent the test equals or exceeds the concentration level specified for that family of qualifying drugs in a notice made under section 71G
c: in relation to the result of analysis of a person’s oral fluid sample by an approved analyst, means the result of the analysis indicates that the concentration level of a listed qualifying drug in the oral fluid sample equals or exceeds the concentration level specified for that listed qualifying drug in a notice made under section 71GA
6: In section 2(1) second oral fluid test
a: replace second oral fluid test second oral fluid screening test
b: replace oral fluid test oral fluid screening test
7: After section 2(1A)
2: Subsection (2A) applies to a reference in this Act to—
a: the use of a family of qualifying drugs (or a specified family of qualifying drugs) by a person; or
b: the presence of a family of qualifying drugs (or a specified family of qualifying drugs) in a person’s oral fluid; or
c: the concentration level of a family of qualifying drugs (or a specified family of qualifying drugs) in a person’s oral fluid.
2A: A reference of a kind set out in subsection (2) must be read as referring to 1 or more qualifying drugs from the relevant family of qualifying drugs (or specified family of qualifying drugs).
2: Amendments to Part 2 (primary responsibilities of participants in land transport system)
5: Section 11A amended (Persons not to drive or attempt to drive while blood contains evidence of, or oral fluid indicates, use of qualifying drug)
1: Replace the heading to section 11A Persons not to drive or attempt to drive while blood contains evidence of use of qualifying drug or concentration level of qualifying drug in oral fluid equals or exceeds specified concentration level
2: Replace section 11A(1)
1: A person may not drive or attempt to drive a motor vehicle while the person’s blood contains evidence of use of a qualifying drug ( see sections 57A(1) and (2), 57B(1) and (2), and 57C(1) and (2)
3: Replace section 11A(3)
3: A person may not drive or attempt to drive a motor vehicle if the concentration level of a listed qualifying drug in the person’s oral fluid equals or exceeds the concentration level specified for that listed qualifying drug in a notice made under section 71GA see sections 57A(3), 57B(3), and 57C(3) and (4)
6: Section 13 amended (Drivers and other road users to comply with directions of enforcement officers, etc)
1: In section 13(1)
a: after 71C, 71DE,
b: replace oral fluid tests, oral fluid screening tests, laboratory analysis of oral fluid samples,
2: In section 13(2) 71C, 71DE,
2: Amendments to Part 6 (driving offences involving drink or drugs, and penalties and procedures)
1: Amendments to offences and penalties
7: New subpart 1 heading in Part 6 inserted
After the Part 6
1: Offences, defences, penalties, and blood test fee
8: Section 57A amended (Driving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug)
1: Replace the heading to section 57A Driving offence: 1 qualifying drug
2: Replace section 57A(3) Infringement offence: driving while oral fluid contains evidence of use of 1 listed qualifying drug
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if analysis carried out by an approved analyst indicates that the person’s oral fluid sample is positive for 1 listed qualifying drug.
9: Section 57B amended (Driving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs)
1: Replace the heading to section 57B Driving offence: 2 or more qualifying drugs
2: Replace section 57B(3) Infringement offence: driving while oral fluid contains evidence of use of 2 or more listed qualifying drugs
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if analysis carried out by an approved analyst indicates that the person’s oral fluid sample is positive for 2 or more listed qualifying drugs.
10: Section 57C amended (Driving while blood or breath contains alcohol and blood contains evidence of, or oral fluid indicates, use of 1 qualifying drug)
1: Replace the heading to section 57C Driving offence: alcohol and 1 qualifying drug
2: Replace the heading above section 57C(3) Infringement offence: driving while blood contains alcohol and oral fluid contains evidence of use of 1 listed qualifying drug
3: Replace section 57C(3)(b)
b: analysis carried out by an approved analyst indicates that the person’s oral fluid sample is positive for 1 listed qualifying drug.
4: Repeal section 57C(3)(c)
5: Replace the heading above section 57C(4) Infringement offence: driving while breath contains alcohol and oral fluid contains evidence of use of 1 listed qualifying drug
6: Replace section 57C(4)(b)
b: analysis carried out by an approved analyst indicates that the person’s oral fluid sample is positive for 1 listed qualifying drug.
7: Repeal section 57C(4)(c)
11: Section 59 amended (Failure or refusal to remain at specified place or to accompany enforcement officer)
1: Before section 59(1) Offence: failure or refusal to remain at specified place or to accompany enforcement officer
2: In section 59(1)(b) and (c) 71A, 71B,
3: In section 59(1)(c)(i) an oral fluid test,
4: In section 59(1)(d) , an oral fluid test under a requirement under any of sections 71A to 71C,
5: After section 59(2) Infringement offence: failure or refusal to remain at specified place or to accompany enforcement officer
3: A person commits an infringement offence if the person,—
a: having undergone an oral fluid screening test under any of sections 71A to 71C
b: fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 71A, 71B, or 71DE
c: having accompanied an enforcement officer to a place under a requirement under section 71A or 71B section 71A or 71B
d: having accompanied an enforcement officer to a place under a requirement under section 71DE
12: New section 60A inserted (Failure or refusal to undergo oral fluid screening test or provide oral fluid sample)
After section 60
60A: Failure or refusal to undergo oral fluid screening test or provide oral fluid sample
1: A person commits an infringement offence if the person—
a: fails or refuses to undergo an oral fluid screening test without delay after having been required to do so under any of sections 71A to 71C
b: fails or refuses to provide an oral fluid sample after having been required to do so under section 71DE(2)
2: A person does not fail or refuse to undergo an oral fluid screening test or provide an oral fluid sample only because,—
a: in the case of an oral fluid screening test, the person is unable to provide an oral fluid sample that is sufficient to carry out the oral fluid screening test; or
b: in the case of an oral fluid sample required under section 71DE(2)
2: Amendments to defences
13: Section 64 amended (Defences)
1: In section 64(1AB) the person’s oral fluid indicates use of a qualifying drug and
2: In section 64(3A)(a) or oral fluid test or oral fluid screening test
3: Replace section 64(6)
6: It is no defence to proceedings for an offence against this Act in respect of the proportion of a qualifying drug in a person’s blood that there was or may have been an error in the result of an oral fluid screening test undergone by the person.
3: Amendment to mandatory disqualification and assessment for repeat offences
14: Section 65 amended (Mandatory disqualification and assessment for repeat offences)
In section 65(3)(b) section 59 section 59(1)
4: Amendments to blood test fee
15: Section 67 amended (Blood test fee)
1: Replace section 67(1)(aa)(i)
i: is required to undergo a blood test under section 72(1)(e), (f), (g), or (h)
2: In section 67(1)(aa)(ii) 71A(5)(c), 71D(2), or
5: Amendment to enforcement procedures for offences involving intoxication
16: Cross-heading above section 68 replaced
Replace the cross-heading above section 68
2: Enforcement procedures for offences involving intoxication
17: Section 68 amended (Who must undergo breath screening test)
In section 68(6) oral fluid test oral fluid screening test
6: Amendments to enforcement procedures for offences involving use of qualifying drugs
18: Cross-heading above section 71A replaced
Replace the cross-heading above section 71A
3: Enforcement procedures for offences involving use of qualifying drugs
19: New section 71AAA and cross-heading inserted
Before section 71A
71AAA: Interpretation of this subpart
In this subpart,— deliver post
71AAB: Requirements for handling oral fluid samples
An enforcement officer must handle, retain, transfer, or dispose of an oral fluid sample obtained under this subpart in accordance with the applicable procedure prescribed in regulations. Oral fluid screening tests
20: Section 71A amended (Who must undergo first oral fluid test)
1: In the heading to section 71A fluid screening
2: In section 71A(1) to (4) and (6) oral fluid test oral fluid screening test
3: In section 71A(2)(a) any such oral fluid test or tests any such test or tests
4: Replace section 71A(5)
5: An enforcement officer who requires a person to undergo a first oral fluid screening test under this section must, without delay, advise the person—
a: that the person may be issued with an infringement notice if the person—
i: fails or refuses to undergo an oral fluid screening test that is required under this section or section 71B or 71C
ii: having undergone an oral fluid screening test under this section or section 71B or 71C
b: of the infringement fee payable for a breach of section 59(3)(a) or 60A(1)(a)
5: Replace section 71A(7) to (9)
7: An enforcement officer may not require a person who is in a hospital or medical centre as a result of an accident involving a motor vehicle to undergo an oral fluid screening test under this section.
8: An enforcement officer must, without delay after the result of the first oral fluid screening test is ascertained, advise the person—
a: of the result of the test; and
b: if the test produces a positive result, of the following matters:
i: that an oral fluid sample from the person will be subject to analysis carried out by an approved analyst in accordance with this Act:
ii: that, if the analysis establishes that the person’s oral fluid sample is positive for 1 or more listed qualifying drugs, the person may be issued with an infringement notice:
iii: that, if the analysis establishes that the person’s oral fluid sample is positive for 1 or more listed qualifying drugs, the person may, if they have provided an oral fluid sample that is sufficient for analysis, choose to have a private analyst analyse that sample at the person’s own expense:
iv: the infringement fee payable for a breach of section 57A(3), 57B(3), 57C(3), or 57C(4)
9: However, subsection (8)(b) does not apply if—
a: the person has undergone a first oral fluid screening test; and
b: the enforcement officer requires the person to—
i: accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test under section 71E
ii: undergo a compulsory impairment test under section 71F
21: Section 71B amended (Who must undergo second oral fluid test)
1: In the heading to section 71B fluid screening
2: Replace section 71B(1)
1: An enforcement officer must require a person to undergo without delay a second oral fluid screening test if—
a: the person has undergone a first oral fluid screening test; and
b: the result of the first oral fluid screening test is positive.
1A: See section 71D(3) and (4) section 71D
1B: However, an enforcement officer must not require a person to undergo a second oral fluid screening test if—
a: the person has undergone a first oral fluid screening test; and
b: the officer requires the person to—
i: accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test under section 71E
ii: undergo a compulsory impairment test in the circumstances described in section 71F(5)
3: In section 71B(2) to (4) oral fluid test oral fluid screening test
4: Replace section 71B(5)
5: An enforcement officer must, without delay after the result of the second oral fluid screening test is ascertained, advise the person of the result of the test.
5: Repeal section 71B(6)
22: Section 71C amended (Person must undergo further oral fluid test if either first or second oral fluid test fails to produce result)
1: In the heading to section 71C fluid screening
2: In section 71C(1) and (2) oral fluid test oral fluid screening test
3: Replace section 71C(3) to (6)
3: A positive result of a further oral fluid screening test required under subsection (1) must,—
a: if required following a first oral fluid screening test that failed to produce a result, be treated for all purposes under this Act as the result of the first oral fluid screening test; or
b: if required following a second oral fluid screening test that failed to produce a result, be treated for all purposes under this Act as the result of the second oral fluid screening test.
4: A person may be required to undergo only 1 further oral fluid screening test under subsection (1).
5: An enforcement officer must, without delay after the result of a further oral fluid screening test is ascertained, advise the person of the result of the test.
23: Section 71D replaced (Person has right to elect blood test after 2 positive oral fluid tests)
Replace section 71D Process if first oral fluid screening test is positive
71D: Process followed if first oral fluid screening test is positive
1: Sections 71DA to 71DG
a: an enforcement officer requires a person to undergo a first oral fluid screening test; and
b: the result of that test is positive.
2: The enforcement officer must follow one of the following processes:
a: process A ( see section 71DA
b: process B ( see sections 71DB and 71DC
c: process C ( see sections 71DD and 71DE
3: The enforcement officer may apply the applicable process—
a: after the person has undergone a first oral fluid screening test but before the person undergoes a second oral fluid screening test; or
b: after the person has undergone a second oral fluid screening test.
4: Subsection (3) overrides section 71B(1)
5: However, an enforcement officer must not apply sections 71DA to 71DE
a: the person has undergone a first oral fluid screening test; and
b: the officer requires the person to—
i: accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test under section 71E
ii: undergo a compulsory impairment test in the circumstances described in section 71F(5)
6: Subsection (5) overrides sections 71DA to 71DE Process A: sample sufficient for both laboratory and private testing obtained
71DA: Process if sample sufficient for both laboratory and private testing obtained from oral fluid screening test
1: This section applies if—
a: section 71D(2)
b: the enforcement officer obtains, from an oral fluid screening test, an oral fluid sample from the person that is sufficient for—
i: an approved analyst to carry out analysis in accordance with this Act; and
ii: a private analyst to carry out analysis.
2: The enforcement officer must deliver or post the person’s oral fluid sample to an approved laboratory for its analysis and retention in accordance with section 71DG Process B: sample sufficient only for laboratory testing obtained
71DB: Process if sample obtained from oral fluid screening test is sufficient only for laboratory testing
1: This section applies if—
a: section 71D(2)
b: the enforcement officer obtains, from an oral fluid screening test, an oral fluid sample from the person that is—
i: sufficient for an approved analyst to carry out analysis in accordance with this Act; but
ii: not sufficient for a private analyst to carry out analysis.
2: The enforcement officer must advise the person that—
a: the oral fluid sample the officer has obtained is—
i: sufficient for an approved analyst to carry out analysis; but
ii: not sufficient for a private analyst to carry out analysis; and
b: if the person wishes to be able to have an oral fluid sample analysed by a private analyst at the person’s own expense, they must choose to provide an elective oral fluid sample; and
c: if they choose not to provide an elective oral fluid sample, they will not be able to have an oral fluid sample analysed by a private analyst.
3: The person has the right, within 10 minutes of being advised by the enforcement officer of the matters specified in subsection (2), to choose whether to provide an elective oral fluid sample.
4: The enforcement officer must,—
a: if the person chooses to provide an elective oral fluid sample, obtain an elective oral fluid sample in accordance with section 71DC
b: deliver or post the person’s oral fluid sample and, if applicable, the person’s elective oral fluid sample to an approved laboratory for analysis and retention in accordance with section 71DG
71DC: Obtaining elective oral fluid sample
1: This section applies if section 71DB(4)(a)
2: The enforcement officer must—
a: request that the person provide an elective oral fluid sample; and
b: in accordance with the applicable procedure prescribed in regulations, take a sample that, to the extent that is reasonably practicable, is sufficient for a private analyst to carry out analysis. Process C: sufficient sample not obtained
71DD: Process if sufficient sample not obtained from oral fluid screening test
1: This section applies if—
a: section 71D(2)
b: the enforcement officer does not obtain, from an oral fluid screening test, an oral fluid sample from the person that is sufficient for an approved analyst to carry out analysis in accordance with this Act.
2: The enforcement officer must—
a: advise the person that their oral fluid sample is not sufficient for an approved analyst to carry out analysis in accordance with this Act; and
b: obtain an oral fluid sample in accordance with section 71DE Oral fluid sample also sufficient for private analyst testing
3: Subsection (4) applies if the oral fluid sample obtained under section 71DE
a: an approved analyst to carry out analysis in accordance with this Act; and
b: a private analyst to carry out analysis.
4: The enforcement officer must deliver or post the person’s oral fluid sample to an approved laboratory for its analysis and retention in accordance with section 71DG Sample sufficient only for approved analyst testing
5: Subsection (6) applies if the sample obtained under section 71DE
6: The enforcement officer must apply the procedure for obtaining an elective oral fluid sample set out in section 71DB(2) to (4)
71DE: Obtaining oral fluid sample that is required to be provided
1: This section applies if section 71DD(2)
2: The enforcement officer—
a: must, to the extent that the officer considers reasonably necessary, require the person to provide 1 or more oral fluid samples; and
b: must, in accordance with the applicable procedure prescribed in regulations, take an oral fluid sample or oral fluid samples that, to the extent that is reasonably practicable, are sufficient for an approved analyst to carry out analysis in accordance with this Act; and
c: may take an oral fluid sample under paragraph (b) that is sufficient for a private analyst to carry out analysis.
3: Before obtaining an oral fluid sample, the enforcement officer must advise the person of the following matters:
a: that the person may be issued with an infringement notice if the person fails or refuses to provide an oral fluid sample requested by the officer:
b: the infringement fee payable for a breach of section 60A(1)(b)
4: If the enforcement officer requires the person to provide an oral fluid sample, the enforcement officer may require the person—
a: to remain in the place where the person most recently underwent an oral fluid screening test to provide the sample; or
b: if it is not practicable for the person to provide the sample at that place, to accompany an enforcement officer to a place where it is likely that the person can provide the sample.
5: If it is not practicable for the person to provide the oral fluid sample at a place to which the person has accompanied the enforcement officer under subsection (4)(b), the enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can provide the sample.
6: A person who is required to provide an oral fluid sample must—
a: accompany an enforcement officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to provide the sample. Provisions following application of process A, B, or C
71DF: Person may apply to have oral fluid sample analysed by private analyst
1: This section applies if—
a: a person is served with an infringement notice in respect of an infringement offence against section 57A(3), 57B(3), 57C(3), or 57C(4)
b: an approved laboratory holds an oral fluid sample from the person that is sufficient for a private analyst to carry out analysis.
2: If the person wishes to have the oral fluid sample analysed by a private analyst, the person (or the person’s solicitor or counsel) may apply to the Commissioner in accordance with subsection (5).
3: If the application complies with subsection (5),—
a: the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to which the oral fluid sample taken from the person was delivered or posted under section 71DA(2), 71DB(4)(b), or 71DD(4)
b: that laboratory must deliver or post all or part of the oral fluid sample to the private analyst specified in the application.
4: If the application does not comply with subsection (5), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory.
5: An application under subsection (2) must—
a: be made in writing to the Commissioner no later than 28 days after the date on which the person is served with an infringement notice in respect of the infringement offence; and
b: state the full name and address and the occupation of the person and the date of the infringement offence; and
c: identify the private analyst to whom the oral fluid sample is to be delivered or posted and the address of the private analyst.
71DG: Requirements for approved analyst or private analyst in respect of oral fluid sample
1: This section applies to—
a: an approved analyst who receives an oral fluid sample delivered or posted to an approved laboratory in accordance with section 71DA(2), 71DB(4)(b), or 71DD(4)
b: a private analyst who receives an oral fluid sample delivered or posted to the analyst in accordance with section 71DF(3)(b) Requirements for approved analyst analysing and handling oral fluid sample
2: The approved analyst must—
a: analyse all or part of the oral fluid sample for the purpose of testing the sample for the presence of 1 or more listed qualifying drugs specified in each notice made under section 71GA(1)(a)
b: if 1 or more listed qualifying drugs are present, establish whether, for each listed qualifying drug, the concentration level of the drug in the person’s oral fluid sample is at or above the concentration level specified in a notice made under section 71GA(1)(b)
c: handle, retain, transfer, or dispose of the oral fluid sample in accordance with the applicable procedure prescribed in regulations. Requirements for private analyst handling oral fluid sample
3: The private analyst must handle, retain, transfer, or dispose of the oral fluid sample in accordance with the applicable procedure prescribed in regulations.
24: New cross-heading above section 71E inserted
After section 71D Who may be required to undergo blood test
25: Section 71E amended (Person may be required to accompany enforcement officer to undergo blood test)
1: Replace section 71E(1)(a)
a: a person who, after having been required to undergo an oral fluid screening test by the officer under any of sections 71A to 71C
aa: a person who, after having been required to provide an oral fluid sample by the officer under section 71DE
2: In section 71E(1)(b) oral fluid test oral fluid screening test
3: Repeal section 71E(1)(c)
26: New cross-heading above section 71F inserted
After section 71E Who may be required to undergo compulsory impairment test
27: Section 71F amended (Who must undergo compulsory impairment test)
1: Replace section 71F(5)(c)
c: a first oral fluid screening test, regardless of the result of the test (or a failure of the test to produce a result):
2: In section 71F(5)(d) oral fluid test oral fluid screening test
3: Replace section 71F(6)
6: An enforcement officer must not exercise the powers in subsections (1) and (2) in relation to a person who has undergone a second oral fluid screening test that produces a positive result.
28: Section 71G replaced (Approval of oral fluid tests and oral fluid testing devices)
Replace section 71G Minister’s powers to make notices
71G: Minister may approve oral fluid screening devices for use in oral fluid screening tests
1: The Minister of Police may, by notice, approve a kind of device that may be used as an oral fluid screening device. What notice must specify
2: The notice must specify—
a: either or both of the following:
i: 1 or more qualifying drugs in respect of which the approved device may be used for the purpose of screening oral fluid for the presence of that drug (a specified qualifying drug
ii: 1 or more families of qualifying drugs in respect of which the approved device may be used for the purpose of screening oral fluid for the presence of that family of drugs (a specified family of qualifying drugs
b: for each specified qualifying drug or specified family of qualifying drugs, the concentration level of that specified qualifying drug or specified family of qualifying drugs in the person’s oral fluid at or above which the result of the test will appear positive for that qualifying drug or that family of qualifying drugs (the positive screening threshold Minister must consult and consider certain matters before making notice
3: Before making a notice, the Minister of Police must consult the Minister of Transport and the Science Minister.
4: The Minister of Police may approve a device under subsection (1) only if the Minister of Police has considered the following matters:
a: the accuracy of the device in light of the requirements for screening oral fluid specified in sections 71A to 71DG
b: the extent to which the positive screening threshold used by the device for a specified qualifying drug or specified family of qualifying drugs indicates recent use of that specified qualifying drug or specified family of qualifying drugs.
5: In considering—
a: the matters specified in subsection (4), the Minister of Police must take into account the desirability of—
i: detecting a qualifying drug, including a family of qualifying drugs, that has recently been used by the driver of a motor vehicle; and
ii: deterring a person from driving a motor vehicle if they have recently used a qualifying drug, including a family of qualifying drugs; and
b: the matter specified in subsection (4)(b), the Minister of Police must also have regard to any relevant standard. Defining and identifying device as approved device
6: A notice made under subsection (1) may define an approved device as a device that bears, or is associated by its manufacturer with, any trade name or number or other expression, or any combination of those things, that may be specified in the notice.
7: In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—
a: appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or
b: is printed out by the device on a card or on paper; or
c: appears on printed matter that—
i: accompanies the device; and
ii: is associated with the device or is intended by the manufacturer of the device to be associated with the device; and
iii: is issued by or on behalf of the manufacturer.
8: In this section and in section 71GA relevant standard
a: Australian/New Zealand Standard AS/NZS 4760:2019 Procedure for specimen collection and the detection and quantification of drugs in oral fluid; or
b: any Australian/New Zealand Standard or New Zealand Standard substituted for that standard.
9: A notice made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
71GA: Minister may specify listed qualifying drugs and concentration level to be tested for by approved analyst
1: The Minister of Police may, by notice, specify—
a: 1 or more listed qualifying drugs in respect of which an approved analyst may analyse an oral fluid sample for the purpose of testing the sample for the presence of that drug or those drugs; and
b: for each listed qualifying drug, the concentration level of the drug in the person’s oral fluid at or above which the result of the test will appear positive for that drug (the positive evidential threshold
2: Before making a notice, the Minister of Police must consult the Minister of Transport and the Science Minister.
3: The Minister of Police may make a notice only if that Minister is satisfied that the positive evidential threshold proposed to be approved under subsection (1)(b) for use by an approved analyst to test for a listed qualifying drug indicates recent use of that listed qualifying drug.
4: In determining whether a positive evidential threshold meets the requirement specified in subsection (3),—
a: the Minister of Police must have regard to any relevant standard; and
b: it is sufficient to meet the requirement if the positive evidential threshold aligns with the applicable threshold specified in the relevant standard; and
c: if the positive evidential threshold does not align with the applicable threshold specified in the relevant standard or if there is no applicable threshold specified in any relevant standard, the Minister of Police may nevertheless be satisfied that the requirement is met on the basis of other relevant information.
5: A notice made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
7: Amendments to enforcement procedures involving taking of blood specimens
29: Cross-heading above section 72 replaced
Replace the cross-heading above section 72
4: Enforcement procedures involving taking of blood specimens
30: Section 72 amended (Who must give blood specimen at places other than hospital or medical centre)
1: Replace section 72(1)(e) and (f)
e: the person is unable to provide an oral fluid sample that is sufficient to carry out an oral fluid screening test after having been required to undergo an oral fluid screening test by an enforcement officer under any of sections 71A to 71C
f: the person is unable, after having been required to provide an oral fluid sample by an enforcement officer under section 71DE
2: In section 72(1)(g), (1B), and (1C) oral fluid tests oral fluid screening tests
31: Section 73A amended (Purposes for which blood specimen taken under section 72 or 73 may be used as evidence)
Replace section 73A(2)
2: None of the following may be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975
a: a positive result of an oral fluid screening test taken under any of sections 71A to 71C
b: a positive result of an analysis of an oral fluid sample carried out by an approved analyst under section 71DG
c: a blood specimen taken under section 72 or 73
8: Amendments to evidential provisions
32: Cross-heading above section 75 replaced
Replace the cross-heading above section 75
5: Evidential provisions
33: Section 77A amended (Presumptions relating to drug testing)
1: Replace section 77A(2)
2: For the purposes of proceedings for an infringement offence against section 57A(3), 57B(3), 57C(3), or 57C(4)
2: Repeal section 77A(3) and (4)
3: In section 77A(5) an oral fluid test analysis of an oral fluid sample carried out by an approved analyst
3: Amendments to Parts 7, 9, 11, and 15 and Schedule 1
1: Amendments to Part 7 (disqualification, demerit points, licence suspension, and vehicle impoundment)
34: Cross-heading above section 94A amended
In the cross-heading above section 94A oral fluid tests oral fluid screening tests
35: Section 94A amended (Mandatory prohibition from driving for 12-hour period if results of 2 oral fluid tests are positive)
1: Replace the heading to section 94A Mandatory prohibition from driving for 12-hour period if results of 2 oral fluid screening tests are positive or person fails or refuses oral fluid screening test
2: Replace section 94A(1)
1: An enforcement officer must forbid a person to drive a motor vehicle for a 12-hour period if the person—
a: has undergone 2 oral fluid screening tests and the results of both tests are positive; or
b: fails or refuses to undergo an oral fluid screening test without delay after having been required to do so under any of sections 71A to 71C
c: having undergone an oral fluid screening test under any of sections 71A to 71C
d: fails or refuses to provide an oral fluid sample without delay after having been required to do so under section 71DE
e: fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 71A, 71B, or 71DE
f: having accompanied an enforcement officer to a place under a requirement under section 71A or 71B section 71A or 71B
g: having accompanied an enforcement officer to a place under a requirement under section 71DE
2: Amendment to Part 9 (enforcement of responsibilities)
36: Section 121 amended (Enforcement officer may immobilise vehicle, etc, in specified circumstances)
In section 121(1)(a)(i)(D) section 72(1)(a) or (e) section 72(1)(a), (e), or (f)
3: Amendment to Part 11 (land transport secondary legislation)
37: Section 167 amended (Regulations)
After section 167(1)(l)
la: prescribing the procedure for taking—
i: an elective oral fluid sample, for the purposes of section 71DC(2)(b)
ii: an oral fluid sample, for the purposes of section 71DE(2)(b)
lb: prescribing, for the purposes of sections 71AAB and 71DG(2)(c) and (3)
4: Amendment to Part 15 (miscellaneous provisions)
38: Section 209A amended (Analysing oral fluid or blood specimens for statistical or research purposes related to use of drugs or alcohol)
In section 209A(1)(a) any of sections 71A to 71C any of sections 71A to 71C and 71DE
5: Amendments to Schedule 1
39: Schedule 1 amended
1: In Schedule 1, repeal Part 6
2: In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
4: Related and consequential amendments
Amendment to Criminal Procedure Act 2011
40: Principal Act
Section 41 Criminal Procedure Act 2011 2026-04-01 Criminal Procedure Act 2011
41: Section 358 amended (Power to impose penalties provided for in Land Transport Act 1998)
In section 358(1)(f) section 59 section 59(1) Amendments to Land Transport (Offences and Penalties) Regulations 1999
42: Principal regulations
Sections 43 44 Land Transport (Offences and Penalties) Regulations 1999 2026-04-01 Land Transport (Offences and Penalties) Regulations 1999
43: Schedule 1 amended
1: In Schedule 1 The following table is small in size and has 6 columns. This table amends Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with result of analysis of oral fluid sample carried out by approved analyst positive for 1 listed qualifying drug
2: In Schedule 1 The following table is small in size and has 6 columns. This table amends Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with result of analysis of oral fluid sample carried out by approved analyst positive for 2 or more listed qualifying drugs
3: In Schedule 1 The following table is small in size and has 6 columns. This table amends Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with blood containing alcohol below specified blood-alcohol limits and with result of analysis of oral fluid sample carried out by approved analyst positive for 1 listed qualifying drug
4: In Schedule 1 The following table is small in size and has 6 columns. This table amends Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with breath containing alcohol below specified alcohol limits and result of analysis of oral fluid sample carried out by approved analyst positive for 1 listed qualifying drug
5: In Schedule 1 The following table is small in size and has 6 columns. This table amends Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. 59(3) Failing or refusing to remain at specified place or to accompany enforcement officer without delay — — 400 — 60A(1)(a) Failing or refusing to undergo oral fluid screening test without delay 1000 — 400 — 60A(1)(b) Failing or refusing to provide oral fluid sample 1000 — 400 —
44: Schedule 2 amended
1: In Schedule 2 The following table is small in size and has 3 columns. This table amends Schedule 2 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with result of analysis of oral fluid sample carried out by approved analyst positive for 1 listed qualifying drug
2: In Schedule 2 The following table is small in size and has 3 columns. This table amends Schedule 2 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with result of analysis of oral fluid sample carried out by approved analyst positive for 2 or more listed qualifying drugs
3: In Schedule 2 The following table is small in size and has 3 columns. This table amends Schedule 2 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with blood containing alcohol below specified blood-alcohol limits and with result of analysis of oral fluid sample carried out by approved analyst positive for 1 listed qualifying drug
4: In Schedule 2 The following table is small in size and has 3 columns. This table amends Schedule 2 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. Driving or attempting to drive with breath containing alcohol below specified alcohol limits and with result of analysis of oral fluid sample carried out by approved analyst positive for 1 listed qualifying drug
5: In Schedule 2 The following table is small in size and has 4 columns. This table amends Schedule 2 of the Land Transport (Offences and Penalties) Regulations 1999 and should be read with that table to provide understanding of the context. 59(3) Failing or refusing to remain at specified place or to accompany enforcement officer without delay 75 60A(1)(a) Failing or refusing to undergo oral fluid screening test without delay 75 60A(1)(b) Failing or refusing to provide an oral fluid sample 75


Sentencing (Reform) Amendment Act 2025

1: Title
This Act is the Sentencing (Reform) Amendment Act 2025.
2: Commencement
This Act comes into force on 29 June 2025. Section 2 editorial change 10 April 2025 sections 86(1) 87(m) and (q) Legislation Act 2019
1: Amendments to Sentencing Act 2002
3: Principal Act
This Part amends the Sentencing Act 2002 2025-06-29 Sentencing Act 2002 Definitions
4: Section 4 amended (Interpretation)
In section 4(1) category 3 offence category 4 offence digital communication guilty plea mitigating factor livestream mitigating factor
a: in section 9(2); or
b: under section 9(4)(a) personal mitigating factor
a: a mitigating factor in section 9(2) that is any of the following:
i: the age of the offender (section 9(2)(a)):
ii: whether and when the offender pleaded guilty (section 9(2)(b)):
iii: that the offender has, or had at the time the offence was committed, diminished intellectual capacity or understanding (section 9(2)(e)):
iv: any remorse shown by the offender, except to the extent that it relates to anything described in section 10 (section 9(2)(f)):
v: that the offender has taken steps during the proceedings (other than steps to comply with procedural requirements) to shorten the proceedings or reduce their cost (section 9(2)(fa)):
vi: any evidence of the offender’s previous good character (section 9(2)(g)); or
b: a mitigating factor under section 9(4)(a) that the court considers is personal to the offender post remorse mitigating factor
a: means the mitigating factor in section 9(2)(f); but
b: excludes anything described in section 10 youth mitigating factor Replacement principle to better recognise victim’s needs
5: Section 8 amended (Principles of sentencing or otherwise dealing with offenders)
Replace section 8(f)
f: must take into account any information provided to the court—
i: to help to recognise the victim’s needs in the court’s sentencing or otherwise dealing with the offender according to law; and
ii: concerning the interests of the victim (for example, about the effects of the offending on the victim); and Example
Information to which paragraph (f) applies Information in a victim impact statement ( see enable the victim to provide information to the court about the effects of the offending on the victim; and assist the court in understanding the victim’s views about the offending; and inform the offender about the impact of the offending from the victim’s perspective. Aggravating and mitigating factors: overview
6: New section 8A and cross-headings inserted
After section 8 Aggravating and mitigating factors: overview
8A: Overview of aggravating and mitigating factors
Aggravating and mitigating factors in cases of any kind
1: Section 9 is about aggravating and mitigating factors that the court must or may take into account in sentencing or otherwise dealing with an offender. Aggravating and mitigating factors in some cases involving violence or neglect
2: Section 9A is about aggravating and mitigating factors that the court must or may take into account in sentencing or otherwise dealing with an offender in a case involving violence against, or neglect of,—
a: a child under the age of 14 years; or
b: a young person of or over the age of 14 years but under 18 years. Sentence reductions under personal mitigating factors in cases of any kind
3: Sections 9B to 9T
a: sentence of any type reduced under youth mitigating factor ( sections 9B to 9F
b: specified sentence reduced under guilty plea mitigating factor ( sections 9G to 9K
c: sentence of any type reduced under remorse mitigating factor ( sections 9L to 9P
d: sentence of imprisonment reduced under all applicable personal mitigating factors ( sections 9Q to 9S Aggravating and mitigating factors in cases of any kind New aggravating factors
7: Section 9 amended (Aggravating and mitigating factors)
New heading above section 9(1)
1: Above section 9(1) Aggravating factors Adult offender actually committed, or was party to, offence that child or young person actually committed, or was party to, and offender livestreamed or posted their offending online
2: After section 9(1)(ca)
cb: that the offender was aged 18 years or over when they actually committed, or were a party to (within the meaning of section 66(1)(b), (c), or (d) or (2) of the Crimes Act 1961), the offence, and—
i: 1 or more other people also actually committed, or also were a party to (within that meaning), the offence; and
ii: they then were each, or included, a child or a young person (as both those terms are defined in section 2(1) of the Oranga Tamariki Act 1989):
cc: that the offender did 1 or more of the following in relation to the offending for which they are being sentenced, with no justification in the public interest, and that glorified the offending:
i: they livestreamed all or part of the offending on an internet site or an online application or similar:
ii: they posted all or part of a record of the offending on an internet site or an online application or similar:
iii: they distributed all or part of a record of the offending to others by means of a digital communication: Public transport passenger service workers, sole charge workers, and people whose home and business are connected
3: After section 9(1)(fb)
fc: that the victim was a public transport passenger service worker acting in the course of his or her duty:
fd: that either or both of the following apply to the victim:
i: the victim was working alone:
ii: the victim was working in a business that was physically joined to, or that was located next to, the dwelling place of a victim: Victim particularly vulnerable because of factor known to offender
4: In section 9(1)(g) Example
Any other factor known to offender That the victim was— in State care (as defined in clause 17.3 of the Schedule of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions Order 2018); or in the care of faith-based institutions (as defined in clause 17.4 of that schedule). New heading above section 9(2)
5: Above section 9(2) Mitigating factors
6: In section 9(2)(f) as New heading to section 9(4)
7: Above section 9(4) Taking into account other aggravating or mitigating factor New heading to section 9(4A)
8: Above section 9(4A) Definitions of terms used in this section Definitions of terms used in this section
9: After section 9(4A)
4B: In subsection (1)(fc) public transport passenger service worker Additional aggravating factors in cases involving violence against, or neglect of, young person
8: Cross-heading above section 9A amended
In the cross-heading above section 9A child under 14 years , or young person of or over age of 14 years but under 18 years
9: Section 9A amended (Cases involving violence against, or neglect of, child under 14 years)
1: In the heading to section 9A child under 14 years , or young person of or over age of 14 years but under 18 years
2: In section 9A(1) a child under the age of 14 years , or a young person of or over the age of 14 years but under 18 years Sentence reductions under personal mitigating factors in cases of any kind
10: New sections 9B to 9T and cross-headings inserted
After section 9A Sentence of any type reduced under youth mitigating factor
9B: General rule: no reduction to sentence
1: This section applies if—
a: offending of any kind is committed, in whole, after the commencement of this section, by an offender of or over the age of 18 years; and
b: the court in a sentencing for the offending—
i: imposed a sentence of any type on the offender; and
ii: reduced that sentence under the youth mitigating factor; and
c: further offending of any kind (whether of a kind that is the same as, or different from, the offending) is committed, in whole, after the sentencing for the offending, by the offender.
2: In imposing a sentence of any type on the offender for the further offending, the court must not reduce that sentence under the youth mitigating factor.
3: This section is subject to sections 9C and 9T
9C: Exception: duty to avoid sentence being manifestly unjust
If the application of the general rule in section 9B
9D: Duty to record sentence reduction
If a sentence of any type for offending of any kind is reduced under the youth mitigating factor, the court must make an entry in the permanent court record, in relation to the offending, to the effect that the offender has had a sentence reduction under the youth mitigating factor.
9E: Duty to inform offender of effect of general rule
If a sentence of any type for offending of any kind is reduced under the youth mitigating factor, the court must inform the offender of the effect of the general rule in section 9B
9F: Effect of failure to record or inform
1: A failure by the court to perform either or both of the duties in sections 9D and 9E
a: the sentence for the offending; or
b: a sentence imposed on the offender later for any other offending.
2: A failure by the court to perform either or both of the duties in sections 9D and 9E section 9B Specified sentence reduced under guilty plea mitigating factor
9G: Specified sentence
Sections 9H to 9K the sentence
a: a sentence of imprisonment for offending of any kind; or
b: a sentence of any other type for offending of any kind, and to which the court considers it appropriate to apply those sections.
9H: General rule: sliding scale of maximum reductions
1: A reduction to the sentence under the guilty plea mitigating factor must not exceed the applicable maximum percentage set out in the following table: The following table is small in size and has 3 columns. Column 1 is headed Item, column 2 is headed When defendant enters plea of guilty or communicates willingness to plead guilty, and Column 3 is headed Maximum reduction. Item When defendant enters plea of guilty or communicates willingness to plead guilty Maximum reduction 1 At the first reasonable opportunity 25% 2 At the case review hearing ( see 20% 3 At or before the first trial callover (if proceedings have been adjourned for a trial callover under that Act) 15% 4 20 or more working days (as defined in section 5 of that Act) before the scheduled start date for the trial 10% 5 Less than 20 working days (as so defined) before the scheduled start date for the trial, or during the trial 5%
2: This section is subject to sections 9I and 9T
9I: Exception: departing from scale up to 25% of sentence
The court may, if it considers it appropriate, make a reduction to the sentence under the guilty plea mitigating factor that—
a: exceeds the applicable maximum percentage in item 2, 3, 4, or 5 section 9H
b: does not exceed 25%.
9J: Duty to state certain matters
If the court makes a reduction to the sentence under the guilty plea mitigating factor, the court must state (using any words that it thinks fit)—
a: how it has applied the sliding scale in section 9H
b: reasons for, and the extent of, a departure under section 9I
9K: Matters that court may consider if applicable
In making a reduction to the sentence under the guilty plea mitigating factor, the court may consider the following matters to the extent that they are applicable in the case:
a: whether and when the defendant received information—
i: as part of criminal disclosure; and
ii: that helped enable the defendant to plead fully and fairly:
b: how much the plea prevented, for victims and witnesses, any further trauma, further stress, and further inconvenience:
c: how much the plea saved public resources (for example, of the court, legal aid, and the prosecution):
d: any matter outside the defendant’s control that prevented the defendant from earlier entering a guilty plea or communicating a willingness to plead guilty:
e: whether and when the defendant received independent legal advice:
f: whether and when the defendant pleaded guilty to materially amended charges:
g: whether the defendant disputed the facts of the case, and the outcome of that dispute:
h: any other matter that the court thinks fit to consider in making a sentence reduction under the guilty plea mitigating factor. Sentence of any type reduced under remorse mitigating factor
9L: General rule: no reduction to sentence
1: This section applies if—
a: offending of any kind is committed, in whole, after the commencement of this section, by an offender; and
b: the court in a sentencing for the offending—
i: imposed a sentence of any type on the offender; and
ii: reduced that sentence under the remorse mitigating factor; and
c: further offending of any kind (whether of a kind that is the same as, or different from, the offending) is committed, in whole, after the sentencing for the offending, by the offender.
2: In imposing a sentence of any type on the offender for the further offending, the court must not reduce that sentence under the remorse mitigating factor.
3: This section is subject to sections 9M and 9T
9M: Exception: duty to avoid sentence being manifestly unjust
If the application of the general rule in section 9L
9N: Duty to record sentence reduction
If a sentence of any type for offending of any kind is reduced under the remorse mitigating factor, the court must make an entry in the permanent court record, in relation to the offending, to the effect that the offender has had a sentence reduction under the remorse mitigating factor.
9O: Duty to inform offender of effect of general rule
If a sentence of any type for offending of any kind is reduced under the remorse mitigating factor, the court must inform the offender of the effect of the general rule in section 9L
9P: Effect of failure to record or inform
1: A failure by the court to perform either or both of the duties in sections 9N and 9O
a: the sentence for the offending; or
b: a sentence imposed on the offender later for any other offending.
2: A failure by the court to perform either or both of the duties in sections 9N and 9O section 9L Sentence of imprisonment reduced under all applicable personal mitigating factors: 40% cap
9Q: General rule: total reductions must not exceed 40% of sentence
1: If a sentence of imprisonment for offending of any kind is reduced under 1 or more personal mitigating factors, total reductions under all those personal mitigating factors must not exceed 40% of the sentence.
2: This section is subject to sections 9R and 9T
3: This section does not apply to the mitigating factor that the offender assisted the authorities to maintain the law in respect of an offence. Example
Assisting authorities to maintain law in respect of offence The offender assisted the authorities in relation to the prevention, detection, investigation, prosecution, or punishment of an offence.
4: However, for the purposes of the 40% cap in this section, total reductions to the sentence under 1 or more personal mitigating factors—
a: include a youth mitigating factor reduction to it only if one is available under sections 9B to 9F
b: include a guilty plea mitigating factor reduction to it only to the extent that one is available under sections 9G to 9K
c: include a remorse mitigating factor reduction to it only if one is available under sections 9L to 9P
9R: Exception: duty to avoid sentence being manifestly unjust
If the application of the general rule in section 9Q
9S: Duty to state, with reasons, total reductions court would have made
If, but for the application of the general rule in section 9Q Sentence reductions: general exceptions
9T: Discharge, etc, or minimum, or mandatory, sentence or order
Section 9B, 9H, 9L, or 9Q
a: if the court considers that the offending would be more appropriately dealt with by—
i: discharging the offender without conviction under section 106; or
ii: convicting and discharging the offender under section 108; or
iii: convicting the offender and ordering the offender, under section 110, to come up for sentence if called on; or
b: to the extent that applying that section would be inconsistent with legislation that requires any minimum, or mandatory, sentence to be imposed, or order to be made, for the offending. Limit on imprisonment of person under 18 years
11: Section 18 replaced (Limit on imprisonment of person under 18 years)
Replace section 18
18: Limit on imprisonment of person under 18 years
Offender under age of 18 years when they committed particular offence
1: The general rule in subsection (2) General rule: no sentence of imprisonment in respect of offence
2: No court may impose a sentence of imprisonment on the offender in respect of the offence. Exception: particular offence is specified serious offence
3: However, that general rule does not apply if the offence is—
a: a category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
b: a category 4 offence. Exception: offender is already serving sentence of imprisonment
4: However, that general rule does not apply if the offender is already serving a sentence of imprisonment for any other offence that they committed, in whole or in part, before, with, or after the offence mentioned in subsection (1) Permitted combinations of sentences
12: Section 19 amended (Permitted combinations of sentences)
Replace section 19(1) Application
1: This section applies only if the court is considering imposing a combination of sentences of different types, and imposing the combination—
a: for 1 or more offences; and
b: on an offender who is not serving a sentence of imprisonment; and
c: on a single occasion. Combination may be imposed only if permitted by this section
1A: The combination may be imposed only if it is permitted by this section. Permitted combinations of sentences Aggravating and mitigating factors
13: Section 31 amended (General requirement to give reasons)
In section 31(4) section 9 or 9A Arrest without warrant if home detention residence no longer available or suitable
14: New section 80GA inserted (Arrest without warrant if home detention residence no longer available or suitable)
After section 80G
80GA: Arrest without warrant if home detention residence no longer available or suitable
Power to arrest without warrant
1: Any constable or probation officer may arrest, without warrant, an offender if the constable or officer believes on reasonable grounds that—
a: the offender’s home detention residence is no longer available or suitable because of a change in circumstances; and
b: a suitable alternative residence has not been decided under section 80FA(1); and
c: a suitable provisional home detention residence has not been approved under section 80FA(2) or (3)(a); and
d: subsection (2), (3), or (4) Offenders to whom section applies
2: This subsection applies to the offender if—
a: an application for an order under section 80F(4) has been made in respect of the offender; and
b: it is not practicable to obtain promptly a warrant to arrest the offender under section 72(2B) ( see
c: a risk to any person’s safety exists because of the offender remaining at, leaving, or returning to the offender’s home detention residence that is no longer available or suitable because of a change in circumstances.
3: This subsection applies to the offender if—
a: an application for an order under section 80F(4) has not been made in respect of the offender; and
b: it is not practicable for a probation officer to make promptly an application of that kind; and
c: a risk to any person’s safety exists because of the offender remaining at, leaving, or returning to the offender’s home detention residence that is no longer available or suitable because of a change in circumstances.
4: This subsection applies to the offender if—
a: neither subsection (2) subsection (3)
b: a risk to any person’s safety exists because of the offender remaining at, leaving, or returning to the offender’s home detention residence that is no longer available or suitable because of a change in circumstances. Offender to be brought before court, which may bail or remand in custody
5: An offender arrested under this section must be brought as soon as possible before the court, which may under section 80F(4A)(b) (if it applies) or this subsection (if section 80F(4A)(b) does not apply) bail the offender, or remand them in custody, until whichever of the following occurs first:
a: an application for an order under section 80F(4) in respect of the offender has been made and determined:
b: a suitable alternative residence is decided under section 80FA(1):
c: a suitable provisional home detention residence is approved under section 80FA(2) or (3)(a). Offender may be released as soon as possible if suitable residence available
6: Despite subsection (5)
a: a suitable residence is decided under section 80FA(1); or
b: a suitable provisional home detention residence is approved under section 80FA(2) or (3)(a). Meaning of application for order under section 80F(4)
7: In this section, an application for an order under section 80F(4)
a: made under section 80F(1) by the offender or a probation officer; and
b: based on grounds that are, or include, the grounds stated in section 80F(1)(c) (namely, that the home detention residence is no longer available or suitable because of a change in circumstances); and
c: on which the court may, if satisfied that the grounds on which it is based have been established, make an order under section 80F(4). Arrest of offender failing to attend judicial monitoring hearing
15: New section 80ZLA inserted (Arrest of offender failing to attend judicial monitoring hearing)
After section 80ZL
80ZLA: Arrest of offender failing to attend judicial monitoring hearing
The Judge may issue a warrant to arrest an offender and bring them before the Judge if the Judge is satisfied that—
a: the Judge made an order under section 80ZK that the offender attend before the Judge; and
b: the order has been given to the offender, as required by section 80ZL(1); and
c: the order given to the offender was accompanied by a notice setting out the time and place of the attendance, as required by section 80ZL(2); and
d: the offender has failed to attend at that time and place. Further offences (offences committed on bail, in custody, or on parole)
16: Section 84 amended (Guidance on use of cumulative and concurrent sentences of imprisonment)
1: Before section 84(1) Sentencing for all offences for which offender is being sentenced
2: Replace section 84(3) Definition of further offence for purposes of this section
3: In this section, a further offence
a: on bail; or
b: in custody under a court direction, a court order, or a sentence; or
c: released on parole. Sentencing for offences that are, or include, further offences
4: If the offences for which an offender is being sentenced are, or include, further offences, then—
a: subsections (1) and (2) apply to all the offences for which the offender is being sentenced; and
b: subsection (5)
5: It is generally appropriate for the further offences for which an offender is being sentenced to be cumulative on the sentences for the offences for which the offender is being, or has been, sentenced that are not further offences. Considerations in determining if offences are connected series of offences
6: In determining for the purpose of this section whether 2 or more offences (whether further offences, or offences that are not further offences) committed by 1 offender are a connected series of offences, the court may consider—
a: the time at which they occurred; or
b: the overall nature of the offending; or
c: any other relationship between the offences that the court considers relevant. Protection orders
17: Section 106 amended (Discharge without conviction)
After section 106(2)
2A: A court discharging an offender under this section may make a protection order under section 123B.
18: Section 123B amended (Protection order)
Replace section 123B(1)(a)
a: an offender is convicted of, or is under section 106 discharged without conviction for, a family violence offence; and Examples
Convicted of family violence offence The offender is convicted of a family violence offence and is discharged, under section 108. The offender is convicted of a family violence offence and is ordered to appear for sentence if called on, under section 110. Forfeiture of weapons
19: New section 142R inserted (Forfeiture of weapons)
After section 142Q Forfeiture of weapons
142R: Forfeiture of weapons
1: This section applies to a weapon that the court is satisfied that an offender used in committing, or in facilitating the commission of, an offence.
2: The court may order that a weapon to which this section applies—
a: is forfeited to the Crown; or
b: must be destroyed, or otherwise disposed of, as the court directs.
3: This section does not affect duties or powers of the court, or any person, under any other law, about the forfeiture, destruction, or other disposal of any weapon, or any other thing of any kind, used in committing, or in facilitating the commission of, an offence. Transitional, savings, and related provisions
20: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
2: Amendment to Family Court Rules 2002
21: Principal rules
This Part amends the Family Court Rules 2002 2025-06-29 Family Court Rules 2002 Protection orders
22: Rule 431B amended (Information requested by sentencing court for purposes of section 123B of Sentencing Act 2002)
In rule 431B(1)(a) convicts an offender of , or under section 106 of the Sentencing Act 2002 discharges an offender without conviction for,