ACT drivers charged with low-range drink-driving offences over the border would have their licences suspended on the spot, under new NSW laws.
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Under the changes announced earlier this week, drivers who record a low-range drink-driving offence on NSW roads would be barred from driving for three months.
A spokeswoman for NSW Roads Minister Andrew Constance said the new penalties would apply to all interstate drivers.
"In the case of an ACT licence holder caught low-range drink-driving in NSW, NSW Police will have the power to suspend the visiting driver's authority to drive on NSW roads for a period of three months," the spokeswoman said.
"NSW Police continue to have the discretion to require a driver to attend court, rather than issuing a penalty notice, depending on the circumstances of the offence."
ACT drivers who have their licences suspended in NSW would also be barred from driving in Canberra.
A spokesman for ACT Policing said despite the changes in NSW, no adjustments had been made to ACT laws.
"The laws regarding drink-driving in the ACT have not changed," the spokesman said.
"The law only applies in NSW. The recognition of drink-driving offences in other jurisdictions is to ensure drivers cannot commit offences over the border and then commit one in the ACT and be considered to be a first offender here."
The new NSW laws will come into effect on May 20.
First-time offenders for low-range drink-driving will immediately lose their licence for three months and be fined $561.
A low-range drink-driving reading is a blood-alcohol level between 0.05 and 0.079.
Infringement notices handed to first-time offenders will mean they can avoid facing court.
The new laws will also apply for drivers found to have drugs in their system while behind the wheel.
Mr Constance said the changes would create a tougher stance on drink-driving on NSW roads.
"This reform makes it clear if you break the law, you will pay the price," Mr Constance said.
"We are taking a zero-tolerance approach to drink and drug driving.
"Drivers who have an illegal level of alcohol in their blood or have used illegal drugs have no place on the road."
However, the NSW Law Society said the new penalties would decrease the deterrence and increase offence rates of drink-driving in NSW.
The society's president Elizabeth Espinoza said there were concerns with having drink-driving offences not dealt with by the courts.
"There is a genuine deterrent factor for first-time low-range offenders in going to court," Ms Espinoza said.
"We are particularly concerned that the effect of the 'drink-driving is a crime' campaign will be diluted."
Andrew Brown
I've been part of the Canberra Times since 2016, after reporting at local papers in Sydney's north-west. Since starting at the paper I've had stints on the Sunday Times, on the early morning breaking news round, and now as a general reporter, covering the ins and outs of anything and everything happening in Canberra, with a focus on health.
I've been part of the Canberra Times since 2016, after reporting at local papers in Sydney's north-west. Since starting at the paper I've had stints on the Sunday Times, on the early morning breaking news round, and now as a general reporter, covering the ins and outs of anything and everything happening in Canberra, with a focus on health.
