Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 190A

(1)     Subject to this section, a person who—

        (a)     drives on a public street a motor cycle or a motor cycle to which a side-car is attached; or

        (b)     is carried on a public street on a motor cycle or in a side-car attached to a motor cycle,

is guilty of an offence if—

        (c)     he or she is not wearing a safety helmet;

        (d)     he or she is wearing a safety helmet other than a safety helmet of an approved type; or

        (e)     he or she is wearing a safety helmet of an approved type that is not appropriately adjusted on his or her head.

(2)     The penalty for an offence against subsection (1) is a fine not exceeding 1 penalty unit.

(3)     It is a defence to a prosecution for an offence against subsection (1) if—

        (b)     the defendant establishes that he or she was, at the time of the alleged offence, a resident of a State or another Territory of the Commonwealth and he or she was wearing a safety helmet of a type that was, at that time, approved for the purposes of the provisions of the law of that State or Territory that correspond to this section.

(4)     In this section, a reference to a safety helmet of an approved type shall be read as a reference—

        (a)     to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955 of the Commonwealth together with the letter and figures “E33”;

        (b)     to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955 of the Commonwealth together with the letter and figures “E43”;

        (ba)     to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955 of the Commonwealth together with the figures “1698”;

        (c)     to a helmet that has applied to it the letters and figures “AS E33” or the letters and figures “AS E43”; or

        (d)     to a helmet that is a helmet to which this paragraph applies.

(5)     A helmet is a helmet to which paragraph (4) (d) applies if—

        (a)     the helmet is a helmet of a kind that is specified by the Registrar by notice published in the Gazette as being a kind of helmet that is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (4) (a); or

        (b)     the helmet is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (4) (a).

(6)     The Registrar shall cause to be kept at each place referred to in paragraph 14A (8) (a) a copy of each notice referred to in paragraph (5) (a) and shall, at the request of a person, make that copy available for inspection by that person at a time when that place is open to the public.