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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Bill 2013
Contents
Page
Chapter 1 Preliminary
Part 1.1 Introductory
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
Part 1.2 Interpretation
4 Definitions 3
5 References to "road" generally include "road related
area" 16
6 Meaning of "road transport legislation" 16
7 Meaning of terms relating to registration 17
8 Meaning of terms relating to registered operators 17
b2008-140-94.d15
Road Transport Bill 2013
Contents
Page
9 Determination of "first offence" and "second or
subsequent offence" 18
10 Meaning of "responsible person" for a vehicle 20
11 Rights, liabilities and obligations of multiple
responsible persons 20
12 Application of Acts Interpretation Act 1901 (Cth) 21
13 Notes 21
Part 1.3 Application
Division 1 General
14 General relationship with other laws 22
15 Statutory rules may disapply Roads Act 1993 in
certain circumstances 23
16 Contracting out prohibited 23
17 Act to bind Crown 23
Division 2 Alteration of scope of operation of
road transport legislation
18 Power of Minister to include or exclude areas 23
19 Power of Minister to exclude vehicles, persons
or animals 24
20 Minister to consult before making certain declarations 24
21 Statutory rules may exclude vehicles, animals
and persons 24
22 Database of declarations and orders made under
this Division 25
Chapter 2 Statutory rules
23 General power to make regulations and rules 26
24 Examples of statutory rule-making powers 26
25 Incorporation of documents and modification
of definitions 26
26 Offences in the statutory rules and certificate evidence 28
Chapter 3 Driver licensing
Part 3.1 General functions of Authority in relation
to driver licensing
27 Maintenance of NSW driver licence register and
other functions 29
28 Authority not to issue or renew licence in certain
circumstances 29
29 Mutual recognition 30
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Road Transport Bill 2013
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30 Security of information in registers 31
Part 3.2 Demerit points system
Division 1 NSW demerit points register and
offences
31 NSW demerit points register 31
32 Offences for which demerit points are incurred 32
Division 2 Consequences for unrestricted licence
holders who incur demerit points
33 Suspension of licence 33
34 Consequences in relation to licence applications 34
35 Licence ineligibility 34
36 Driver may elect to be of good behaviour as
alternative 35
37 Deletion of demerit points 36
38 Suspension of licence--graffiti licence orders 37
Division 3 Consequences for learner or provisional
licence holders who incur demerit points
39 Consequences generally 38
40 Suspension or cancellation of licence 38
41 Licence ineligibility 39
Division 4 General matters relating to demerit
points
42 Determining demerit thresholds where combined
licences are held 40
43 Demerit points penalties 41
Part 3.3 Interlock devices
44 Definitions 41
45 Meaning of "approved interlock device" 42
46 Meaning of "approved interlock installer" and
"approved interlock service provider" 42
47 Statutory rules concerning installation, maintenance
and use of interlock devices 43
48 Financial assistance for use of approved interlock
devices 44
Part 3.4 Offences concerning driver licensing
Division 1 Unlawfully obtaining or using licences
49 Obtaining driver licence by false statements 45
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Road Transport Bill 2013
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50 Unlawful possession of driver licence 45
51 Unlawful alteration or use of licence 46
52 Seizure of driver licences 46
Division 2 Driving without appropriate licence
53 Driver must be licensed 47
54 Offences by disqualified drivers or drivers whose
licences are suspended or cancelled 48
Part 3.5 Protection of stored photographs
55 Photographs to which this Part applies 51
56 Purposes for which photographs may be kept
and used 52
57 Release of photographs prohibited 53
Part 3.6 Other provisions relating to driver licensing
58 Additional matters relating to identity 54
59 Cancellation or suspension of driver licence for
certain speeding offences 55
60 Effect of expiry of driver licence during a suspension
period 55
61 Evidence that person is professional driver 56
Chapter 4 Vehicle registration
Part 4.1 Registration system for vehicles
Division 1 Functions and powers of Authority
62 Functions of Authority 57
63 Powers of Authority 57
Division 2 NSW registrable vehicles register
64 Maintenance of NSW registrable vehicles register 58
65 Authority not to register registrable vehicles based
outside this jurisdiction 59
Division 3 Devices, plates and documents
66 Special number-plates 60
67 Ownership of devices, plates or documents 61
Part 4.2 Offences concerning vehicle registration
Division 1 General offences
68 Prohibition on using unregistered registrable vehicles 61
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Road Transport Bill 2013
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69 Obtaining registration or unregistered vehicle
permits by false statements 62
70 Obligations of registered operators 62
71 Offences relating to identification numbers of engines
and other vehicle parts 63
Division 2 Offences involving interstate number-plates
and vehicles
72 Definitions 63
73 Affixing of interstate number-plates on registrable
vehicles in this jurisdiction 64
74 Operating interstate registered vehicles in this
jurisdiction 64
75 Direction to provide documents concerning use
of interstate registered vehicles 65
Part 4.3 Defective vehicles
76 Defective registrable vehicles 66
77 Using registrable vehicles contrary to conditions
or prohibitions under section 76 67
78 Use of dangerously defective motor vehicles 67
Part 4.4 Powers in relation to registrable vehicles
79 Power to seize unregistered vehicles 68
80 Power of entry to inspect damaged vehicles 69
81 Seizure of number-plate 70
Part 4.5 Written-off vehicles
Division 1 Preliminary
82 Definitions 70
Division 2 Restrictions on registration of certain
written-off vehicles
83 NSW written-off vehicles register 71
84 Registration of written-off vehicles 72
85 Authority must refuse certain applications for
authorisations 73
86 Applications for authorisations 73
Division 3 Assessment of damaged vehicles
87 Definitions 74
88 Notifiable vehicles 74
89 Vehicles that are a total loss 75
90 Assessments as to whether a vehicle is a total loss 75
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Road Transport Bill 2013
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91 Factors relevant to assessments 75
92 Provision of results of assessments 76
93 Information about written-off and demolished vehicles 76
94 Maintenance of records 77
95 False assessments 78
96 Removal of vehicle identifiers 78
97 Duty to attach written-off warning label to written-off
vehicles 78
Division 4 General
98 Certificates of compliance 78
99 Access to NSW written-off vehicles register 79
100 Interference with NSW written-off vehicles register 80
101 Unauthorised disclosure of information 80
102 Certificate evidence 81
103 Statutory rules concerning written-off vehicles 81
104 Determination of first offences and second and
subsequent offences against this Part 82
Part 4.6 Other provisions relating to vehicle registration
105 Status of unregistered vehicles having permits 82
106 Fees for registration of vehicles of Crown and
NSW Government agencies 82
Chapter 5 Safety and traffic management
Part 5.1 Alcohol and other drug use
Division 1 Interpretation
107 Definitions 83
108 Prescribed concentrations of alcohol 86
109 Measurement of alcohol concentrations 86
Division 2 Offences involving alcohol or other drugs
110 Presence of prescribed concentration of alcohol
in person's breath or blood 87
111 Presence of certain drugs (other than alcohol) in
oral fluid, blood or urine 90
112 Use or attempted use of a vehicle under the
influence of alcohol or any other drug 92
113 Detention of vehicle in certain cases 92
114 Testing for alcohol and other drug use 93
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Road Transport Bill 2013
Contents
Page
Part 5.2 Speeding and other dangerous driving
Division 1 Speeding and other dangerous driving
offences
115 Races, attempts on speed records and other
speed trials 93
116 Conduct associated with road and drag racing and
other activities 94
117 Negligent, furious or reckless driving 95
118 Menacing driving 96
Division 2 Speed measuring evasion articles
119 Sale, purchase or use of prohibited speed measuring
evasion articles 97
120 Surrender and forfeiture of prohibited speed
measuring evasion articles 98
Part 5.3 Traffic control and monitoring
Division 1 Interpretation
121 Definitions 99
Division 2 Use of prescribed traffic control devices
122 Appropriate authority for the purposes of this Division 100
123 Unauthorised prescribed traffic control devices 100
124 Removal of unauthorised prescribed traffic control
devices 101
125 Cost of removal of prescribed traffic control device 101
126 Prescribed traffic control devices generally presumed
to be lawful 101
Division 3 Use of average speeds to prove speeding
offences
127 Definitions 102
128 When Division may be relied on 102
129 Evidence and other matters that may be relied on 102
130 How average speed is to be calculated 103
131 How average speed limit is to be calculated 104
132 Certificate evidence concerning average speed
calculations 104
133 Relationship of Division with other laws 105
Division 4 Approval of traffic enforcement devices
134 Approval of devices by Governor 106
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Road Transport Bill 2013
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Division 5 Use of evidence obtained from approved
traffic enforcement devices
135 Definitions 107
136 Evidence of speed recorded by speed measurement
devices 109
137 Certificates concerning reliability of speed
measurement devices 109
138 Admissibility of photographs taken by devices--
generally 109
139 Admissibility of photographs taken by devices--
unauthorised vehicle use offences 111
140 Evidence of accuracy and reliability not required
if certificate tendered 112
141 Rebuttal of evidence concerning operation of
approved traffic enforcement devices 112
Part 5.4 Vehicle use and traffic safety
Division 1 Dangers and obstructions to traffic
142 Removal of dangers and obstructions to traffic 113
143 Removal of unattended motor vehicles or trailers
from certain places 114
144 Removal of vehicles--incidental provisions relating
to towing 117
Division 2 Traffic safety
145 Offences involving death, injury or damage resulting
from unsafe loads 117
146 Offence of failing to stop and assist after impact
causing injury 119
Division 3 Unauthorised use of vehicles
147 Motor vehicles or trailers not to be used without
owner consent 120
148 Procuring or hiring of motor vehicle or trailer by
\fraud or misrepresentation 120
Chapter 6 Road transportation
Part 6.1 Monitoring of heavy vehicles and vehicles
carrying dangerous goods
149 Definitions 121
150 Application of this Part 122
151 Vehicles to be fitted with monitoring devices in
working order 123
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Road Transport Bill 2013
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152 Vehicle movement record to be preserved 123
153 Vehicle movement record to be carried by driver 123
154 Inspection of monitoring devices and records
carried on vehicles 124
155 Seizure of monitoring devices and records 125
156 Production of records by responsible persons 125
157 Tampering with monitoring devices or vehicle
movement records 126
158 Exemptions 126
159 Evidence of vehicle movement record 126
Part 6.2 Speed limiting of heavy vehicles
160 Definition 127
161 Application of Part 127
162 Vehicles to be speed limited 127
163 Certificate evidence of speed limiter compliance 128
164 Photographic evidence of speed of vehicle 128
165 Liability of offender for speeding offence and
evidence of speed unaffected 129
Chapter 7 Compliance and enforcement
Part 7.1 Authorised officers
166 Authorised officers 130
167 Exercise of powers by authorised officers 130
168 Identification cards 130
169 Production of identification 131
170 Return of identification cards 132
171 Reciprocal powers of officers 132
172 Amendment or revocation of directions or
conditions 133
173 Offences--obstructing, hindering or impersonating
authorised officer 133
Part 7.2 Identity powers
174 Expanded meaning of "driver" 134
175 Requirement for driver or rider to produce
Australian driver licence and state name and address 134
176 Requirement for passenger to produce Australian
driver licence and state name and address 135
177 Requirement for responsible person to disclose
driver identity 135
178 Production of relevant Australian driver licence to court 136
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Road Transport Bill 2013
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179 Unauthorised demand for production of relevant
Australian driver licence 136
Part 7.3 Criminal responsibility
Division 1 Liability for offences generally
180 Multiple offenders for applicable road law offence 137
181 Double jeopardy 137
182 Liability of directors etc for offences by corporation--
accessory to commission of offences 138
Division 2 Liability for camera recorded offences
and parking offences
183 Definitions 139
184 Responsible person for vehicle taken to have
committed designated offences 141
185 When responsible person not liable for parking offence 142
186 Duty to inform if person not driver of vehicle
committing camera recorded offence 143
187 When responsible person for vehicle not liable
for camera recorded offence 143
188 Offences relating to nominations 143
189 Nominations by corporations 144
190 Use of statutory declarations as evidence 145
191 Application of this Division to average speed
detected offences 146
192 Further identity information from nomination
information provider 146
193 Liability of actual offender unaffected 147
194 Division does not derogate from any other law 147
Division 3 Penalty notices
195 Penalty notices for certain offences 147
196 Service of penalty notices 149
197 Payment of penalty notices 149
198 Application of Fines Act 1996 to penalty notices
under this Division 150
199 Effect of Division on other kinds of proceedings 150
Division 4 Proceedings for offences
200 Proceedings for offences 150
201 Period within which proceedings for operator onus
offences may be commenced 150
202 Period within which proceedings for certain mass,
dimension and load offences may be commenced 150
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Road Transport Bill 2013
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203 Section 10 of Crimes (Sentencing Procedure) Act
1999 not applicable in certain circumstances 151
Part 7.4 Sanctions concerning licences
Division 1 Licence disqualification
204 Court may disqualify driver on conviction 152
205 Disqualification for certain major offences 153
206 Bringing forward of consecutive disqualification
periods to avoid orphan periods 156
207 Effect of disqualification 158
Division 2 Use of interlock devices as alternative to
disqualification
208 Definitions 159
209 Division does not apply to habitual traffic offenders 160
210 Disqualification period may be suspended for
participation in interlock program 160
211 When person may participate in interlock program 162
212 Entitlement to apply for interlock driver licence 162
213 When disqualification suspension order has effect 162
214 Participation in an interlock program 163
215 Effect of successful participation in interlock
program 163
Division 3 Habitual traffic offenders
216 Meaning of "relevant offence" 164
217 Declaration of persons as habitual traffic offenders 164
218 Warning to be given to persons liable to be
declared habitual traffic offenders 164
219 Period of disqualification of habitual traffic offender 165
220 Quashing of declaration and bar against appeals 166
221 Disqualification in addition to any other penalty 166
Division 4 Suspension of licences and visiting
driver privileges
222 Definitions 166
223 Suspension of licence by Commissioner of Police 167
224 When immediate licence suspension notice may
be issued by police officer 167
225 Effect of immediate licence suspension notice 170
Division 5 Downgrading of licences
226 Downgrading of driver licences 171
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Road Transport Bill 2013
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Part 7.5 Compensation orders
227 Court may order compensation for damages
and other losses 171
228 Compensation for loss of time 171
229 Compensation orders for damage to road
infrastructure 172
230 Assessment of compensation 172
231 Service of certificates 173
232 Limits on amount of compensation 173
233 Costs 174
234 Enforcement of compensation order and costs 174
235 Relationship with orders or awards of other
courts and tribunals 174
Part 7.6 Sanctions concerning vehicles
Division 1 General
236 Object and effect of Part 174
237 Definitions 175
Division 2 Additional sanctions for certain
offences
238 When additional sanctions may be imposed 176
239 Sanctions that may be imposed 177
240 Production notices 178
241 Powers and duties relating to seizure of motor
vehicles and removal of number-plates 179
242 Removal, impounding and production of vehicle 180
243 Failure to comply with production notice 180
244 Number-plate and other offences 181
245 Forfeiture of vehicles on finding of guilt of
offending operator 183
246 Commutation of forfeiture 183
247 Interested persons to be notified 184
248 Retention of motor vehicle impounded or
number-plates confiscated under this Part 184
249 Early release of motor vehicle and number-plates
on application to Local Court 184
250 Release of impounded vehicle and number-plates 185
251 Safe keeping of motor vehicles 186
252 Disposal and crash testing of vehicles 186
253 Protection from liability with respect to impounding,
removal of number-plates and crash testing and
other matters 186
254 Failure to prosecute 187
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Road Transport Bill 2013
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255 Search warrants 187
Part 7.7 Evidential provisions
256 Application of Part 187
257 Certificate evidence 188
258 Proof of appointments and signatures unnecessary 191
259 Vicarious responsibility 192
260 Averments 193
261 Evidence regarding measuring and weighing 193
262 Evidence regarding weighing 194
263 Evidence regarding manufacturer's ratings 194
264 Evidence not affected by nature of vehicle or
combination 195
265 Transport documentation and journey
documentation 195
Part 7.8 Appeals and applications to Local Court
266 Definitions 195
267 Appealable decisions may be appealed to
Local Court 197
268 Determination of appeals against appealable
decisions 198
269 Statutory rules may make provision for appeals
and original applications 199
270 Finality of decisions 200
Chapter 8 Miscellaneous
271 Fixing fees for services concerning driver licensing
and vehicle registration 201
272 Power to repeal, revoke or make changes to
approvals etc under this Act 201
273 Delegation of functions under road transport
legislation 201
274 Unpaid fees and charges 202
275 Indemnity from personal liability for carrying
out duties honestly and in good faith 202
276 Service of documents on persons generally 203
277 Lodgment of documents with Authority 204
278 Form of registers 204
279 Preliminary discovery of information for recovery
of private car park fees 204
280 Review of Act 205
Schedule 1 Examples of statutory rule-making powers 206
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Road Transport Bill 2013
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Schedule 2 Registration charges for heavy vehicles 217
Schedule 3 Testing for alcohol and drug use 228
Schedule 4 Savings, transitional and other provisions 262
Contents page 14
New South Wales
Road Transport Bill 2013
No , 2013
A Bill for
An Act to make provision with respect to road transport law in New South Wales.
See also the Road Transport Legislation (Repeal and Amendment) Bill 2013 and Road
Transport (Statutory Rules) Bill 2013.
Clause 1 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.1 Introductory
The Legislature of New South Wales enacts: 1
Chapter 1 Preliminary 2
Part 1.1 Introductory 3
1 Name of Act 4
This Act is the Road Transport Act 2013. 5
2 Commencement 6
This Act commences on a day or days to be appointed by proclamation. 7
3 Objects of Act (cf DL Act, s 3; STM Act, s 3; VR Act, s 3) 8
The objects of this Act are as follows: 9
(a) to consolidate in the one Act most of the existing statutory 10
provisions concerning road users, road transport and the 11
improvement of road safety in this jurisdiction, 12
(b) to provide for the following in a manner consistent with the 13
Agreed Reforms within the meaning of the Inter-Governmental 14
Agreement for Regulatory and Operational Reform in Road, Rail 15
and Intermodal Transport entered into by the Commonwealth, 16
the States and the Territories: 17
(i) a driver licensing system as part of a uniform national 18
approach to driver licensing (including uniform driver 19
licence classes and licence eligibility criteria), 20
(ii) a vehicle registration system as part of a uniform national 21
approach to vehicle registration and standards, 22
(iii) systems for the improvement of road safety and transport 23
efficiency, 24
(iv) the reduction of costs relating to administering road 25
transport, 26
(c) to facilitate the recovery of expenses incurred in the 27
administration of this Act (particularly, in connection with driver 28
licensing and vehicle registration) and the collection of fees and 29
charges payable under this Act and the statutory rules, 30
(d) to provide for additional matters concerning the regulation of 31
road users and road transport and the improvement of road safety 32
in this jurisdiction that are not otherwise dealt with by the Agreed 33
Reforms. 34
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Road Transport Bill 2013 Clause 4
Preliminary Chapter 1
Interpretation Part 1.2
Part 1.2 Interpretation 1
4 Definitions (cf DL Act, s 17 and Dict; Gen Act, s 3; STM Act, Dict; VR Act, s 4) 2
(1) In this Act: 3
another jurisdiction means a jurisdiction other than this jurisdiction. 4
applicable road law has the same meaning as in the Road Transport 5
(Vehicle and Driver Management) Act 2005. 6
applicable road law offence has the same meaning as in the Road 7
Transport (Vehicle and Driver Management) Act 2005. 8
approved for average speed detection, approved for excess speed 9
imaging, approved for speed measurement, approved for red traffic 10
light detection or approved for traffic lane use detection in relation to 11
an approved traffic enforcement device--see section 135 (2). 12
approved oral fluid analysing instrument--see clause 1 of Schedule 3. 13
approved oral fluid testing device--see clause 1 of Schedule 3. 14
approved road transport compliance scheme has the same meaning as 15
in the Road Transport (Vehicle and Driver Management) Act 2005. 16
approved traffic enforcement device means a device of a type (or a 17
combination of types of devices) approved under section 134. 18
Australian applicable road law means an applicable road law or a 19
corresponding applicable road law. 20
Australian applicable road law offence means an offence against an 21
Australian applicable road law. 22
Australian authorised officer means an authorised officer or a person 23
appointed as an authorised officer under a corresponding applicable 24
road law. 25
Australian Authority means the Authority or a corresponding 26
Authority. 27
Australian driver licence means: 28
(a) a driver licence, or 29
(b) a licence, probationary licence, conditional licence, restricted 30
licence, provisional licence or driver licence receipt (other than a 31
learner licence) issued under a law in force in a State or internal 32
Territory authorising the holder to drive a motor vehicle on a road 33
or road related area. 34
Australian police officer means: 35
(a) a police officer, or 36
(b) a member (however described) of the police force or police 37
service of another jurisdiction. 38
Page 3
Clause 4 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.2 Interpretation
Australian registered operator in relation to a vehicle or 1
combination--see section 8. 2
Australian registrable vehicles register means: 3
(a) the NSW registrable vehicles register, or 4
(b) a register maintained under the law of another jurisdiction that 5
corresponds, or substantially corresponds, to the NSW 6
registrable vehicles register. 7
Australian Transport Council means the Australian Transport Council 8
referred to in section 4 of the National Transport Commission Act 2003 9
of the Commonwealth, and includes any successor to or continuation of 10
that body. 11
authorised officer means: 12
(a) a police officer, or 13
(b) a person appointed as an authorised officer, or person belonging 14
to a class of persons appointed as authorised officers, under 15
section 166 (Authorised officers), or 16
(c) a person, or a person belonging to a class or description of 17
persons, prescribed by the statutory rules. 18
body corporate includes the Crown in any capacity and any body or 19
entity that is not an individual. 20
breath analysing instrument--see clause 1 of Schedule 3. 21
breath test--see clause 1 of Schedule 3. 22
capabilities of a vehicle means the functional capabilities of the vehicle 23
or any of its components, as determined by the vehicle's manufacturer 24
or by an Australian Authority, and includes: 25
(a) its GCM and GVM, and 26
(b) its speed capabilities. 27
class of a driver licence means a class of licence established by the 28
statutory rules. 29
coach means a motor vehicle that is: 30
(a) constructed principally to carry persons, and 31
(b) equipped to seat more than 8 adult persons, and 32
(c) used to convey passengers for hire or reward or in the course of 33
trade or business. 34
combination means a group consisting of a motor vehicle connected to 35
one or more other vehicles. 36
compensation order means an order under Part 7.5. 37
condition includes a restriction. 38
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Road Transport Bill 2013 Clause 4
Preliminary Chapter 1
Interpretation Part 1.2
conditional licence means a licence issued as a conditional licence in 1
accordance with the statutory rules. 2
conduct means an act, an omission to perform an act or a state of affairs. 3
corresponding applicable road law has the same meaning as in the 4
Road Transport (Vehicle and Driver Management) Act 2005. 5
corresponding Authority means: 6
(a) the Authority as defined in a corresponding applicable road law 7
(except in the case of a jurisdiction for which a person is 8
prescribed under paragraph (b)), or 9
(b) a person prescribed by the statutory rules as the corresponding 10
Authority for another jurisdiction for the purposes of this Act. 11
corresponding driver law means a law of another jurisdiction under 12
which authority is given to drive motor vehicles on roads or road related 13
areas. 14
corresponding law means: 15
(a) a law of another jurisdiction corresponding, or substantially 16
corresponding, to this Act or a specified provision or provisions 17
of this Act, or 18
(b) a law of another jurisdiction that is declared under the statutory 19
rules to be a corresponding law, whether or not the law 20
corresponds, or substantially corresponds, to this Act or a 21
specified provision or provisions of this Act. 22
council means a council within the meaning of the Local Government 23
Act 1993. 24
court means the court dealing with the matter concerned. 25
defective registrable vehicle means a registrable vehicle that does not 26
comply with a vehicle standard that is prescribed by the statutory rules. 27
depot includes a base of operations. 28
drive includes: 29
(a) be in control of the steering, movement or propulsion of a 30
vehicle, and 31
(b) in relation to a trailer, draw or tow the trailer, and 32
(c) ride a vehicle. 33
driver means any person driving a vehicle, and includes any person 34
riding a vehicle. 35
driver licence means: 36
(a) a licence (including a conditional licence, a provisional licence 37
and a learner licence) issued in accordance with the statutory 38
rules authorising the holder to drive one or more classes of motor 39
vehicle on a road or road related area, or 40
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Clause 4 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.2 Interpretation
(b) a driver licence receipt. 1
driver licence receipt means a receipt that: 2
(a) is issued following an application for an Australian driver licence 3
and after payment of any applicable fee, and 4
(b) authorises the holder to drive one or more classes of motor 5
vehicle on a road or road related area. 6
drug means: 7
(a) alcohol, and 8
(b) a prohibited drug within the meaning of the Drug Misuse and 9
Trafficking Act 1985, not being a substance specified in the 10
statutory rules as being excepted from this definition, and 11
(c) any other substance prescribed by the statutory rules as a drug for 12
the purposes of this definition. 13
employee means an individual who works under a contract of 14
employment, apprenticeship or training. 15
employer means a person who employs persons under: 16
(a) contracts of employment, apprenticeship or training, or 17
(b) contracts for services. 18
engage in conduct means: 19
(a) do an act, or 20
(b) omit to perform an act. 21
equipment, in relation to a vehicle or combination, includes tools, 22
devices and accessories in or on the vehicle or combination. 23
extract from a record, device or other thing means a copy of any 24
information contained in the record, device or other thing. 25
fatal accident means an accident on a road or road related area 26
involving a motor vehicle that results in the death of one or more 27
persons. 28
first offence--see section 9. 29
former corresponding provision, in relation to a provision of this Act 30
or the statutory rules, means a repealed provision of another Act or a 31
statutory rule made under another Act that corresponds (or substantially 32
corresponds) to the provision of this Act or the statutory rules. 33
Note. For former road transport law in this jurisdiction, see for example, the Acts 34
and statutory rules that constituted the road transport legislation within the 35
meaning of the Road Transport (General) Act 2005 or the repealed Road 36
Transport (General) Act 1999 and the provisions of the repealed Traffic Act 37
1909 and the regulations made under that Act. 38
function includes a power, authority or duty, and exercise a function 39
includes perform a duty. 40
Page 6
Road Transport Bill 2013 Clause 4
Preliminary Chapter 1
Interpretation Part 1.2
garage address of a vehicle means: 1
(a) if the vehicle is normally kept at a depot when not in use--the 2
principal depot of the vehicle, or 3
(b) if the vehicle is normally kept on a road or road related area when 4
not in use: 5
(i) where the vehicle has one registered operator--the home 6
address of the registered operator, or 7
(ii) where the vehicle has more than one registered operator 8
and one or more of the operators reside in this 9
jurisdiction--the home address of the registered operator 10
residing in this jurisdiction whose address is nearest the 11
road or road related area, or 12
(iii) where the vehicle has more than one registered operator 13
and none of the registered operators reside in this 14
jurisdiction--the suburb and road or road related area in 15
this jurisdiction where the vehicle is normally kept, or 16
(c) if the vehicle is normally kept at a place (other than a depot or a 17
road or road related area) when not in use--the place where the 18
vehicle is normally kept. 19
Note. See section 64 concerning the number of registered operators for a 20
registrable vehicle that may be recorded in the NSW registrable vehicles 21
register. 22
GCM (gross combination mass) of a motor vehicle means the greatest 23
possible sum of the maximum loaded mass of the motor vehicle and of 24
any vehicles that may lawfully be towed by it at one time: 25
(a) as specified by the motor vehicle's manufacturer, or 26
(b) as specified by the Authority if: 27
(i) the manufacturer has not specified the sum of the 28
maximum loaded mass, or 29
(ii) the manufacturer cannot be identified, or 30
(iii) the vehicle has been modified to the extent that the 31
manufacturer's specification is no longer appropriate. 32
goods includes: 33
(a) animals (whether alive or dead), and 34
(b) a container (whether empty or not), 35
but does not include people, fuel, water, lubricants and equipment 36
required for the normal operation of the vehicle or combination in 37
which they are carried. 38
GVM (gross vehicle mass) of a motor vehicle means the maximum 39
loaded mass of the vehicle: 40
(a) as specified by the vehicle's manufacturer, or 41
Page 7
Clause 4 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.2 Interpretation
(b) as specified by the Authority if: 1
(i) the manufacturer has not specified a maximum loaded 2
mass, or 3
(ii) the manufacturer cannot be identified, or 4
(iii) the vehicle has been modified to the extent that the 5
manufacturer's specification is no longer appropriate. 6
heavy combination means a combination that includes a heavy vehicle. 7
heavy vehicle means a motor vehicle or trailer that has a GVM of more 8
than 4.5 tonnes, and includes: 9
(a) a special purpose vehicle that has such a GVM, and 10
(b) a passenger-carrying vehicle that has such a GVM. 11
heavy vehicle driver fatigue/speeding compliance provisions means 12
the provisions referred to in paragraph (d) of the definition of applicable 13
road law in section 3 (1) of the Road Transport (Vehicle and Driver 14
Management) Act 2005. 15
home address of a person means: 16
(a) in the case of an individual--the person's residential address or 17
place of abode in Australia, or 18
(b) in the case of a body corporate that has a registered office in 19
Australia--the address of the registered office, or 20
(c) in any other case--the address of the person's principal or only 21
place of business in Australia. 22
horse includes any animal used for the carriage of persons or goods. 23
immediate licence suspension notice means a suspension notice given 24
under section 224. 25
infringement penalty means a penalty imposed under a penalty notice 26
or a notice of the same kind under an Australian applicable road law. 27
jurisdiction means the Commonwealth or a State or Territory. 28
learner licence means a licence or permit issued to a person under a law 29
in force in a State or internal Territory to authorise the person to drive a 30
motor vehicle on a road or road related area for the purpose of learning 31
to drive a motor vehicle. 32
legal entitlements of a vehicle or combination (or component of a 33
vehicle or combination) means the particulars of the entitlements, 34
conferred by or under an Australian applicable road law, that authorise 35
the vehicle or combination (or component) to be operated on a road or 36
road related area, and includes: 37
(a) any entitlements arising under or as affected by a permit, 38
authorisation, approval, exemption, notice or anything else given 39
or issued in writing under such a law, and 40
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(b) any entitlements arising under or as affected by restrictions, or by 1
the application of restrictions, under an Australian applicable 2
road law or other laws (for example, sign-posted mass limits for 3
bridges, hazardous weather condition permits, and special road 4
protection limits), and 5
(c) any entitlements arising under or as affected by an approved road 6
transport compliance scheme. 7
light rail vehicle means: 8
(a) a vehicle used on a light rail system within the meaning of the 9
Transport Administration Act 1988, or 10
(b) any other light rail system prescribed by the statutory rules. 11
load of a vehicle or combination, or in or on a vehicle or combination, 12
means: 13
(a) all the goods, passengers and drivers in or on the vehicle or 14
combination, and 15
(b) all fuel, water, lubricants and readily removable equipment 16
carried in or on the vehicle or combination and required for its 17
normal operation, and 18
(c) personal items used by a driver of the vehicle or combination, and 19
(d) anything that is normally removed from the vehicle or 20
combination when not in use, 21
and includes a part of a load as so defined. 22
major offence means any of the following crimes or offences: 23
(a) an offence by a person (the offender), in respect of the death of 24
or bodily harm to another person caused by or arising out of the 25
use of a motor vehicle driven by the offender at the time of the 26
occurrence out of which the death of or harm to the other person 27
arose, for which the offender is convicted of: 28
(i) the crime of murder or manslaughter, or 29
(ii) an offence against section 33, 35, 53 or 54 or any other 30
provision of the Crimes Act 1900, 31
(b) an offence against section 51A, 51B or 52AB of the Crimes Act 32
1900, 33
(c) an offence against section 110 (1), (2), (3) (a) or (b), (4) (a) or (b) 34
or (5) (a) or (b), 35
(d) an offence against section 111, 112 (1) (a) or (b), 117 (2), 118 36
or 146, 37
(e) an offence against section 117 (1) of driving a motor vehicle 38
negligently (being driving occasioning death or grievous bodily 39
harm), 40
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Chapter 1 Preliminary
Part 1.2 Interpretation
(f) an offence against clause 16 (1) (b), 17 or 18 of Schedule 3, 1
(g) an offence of aiding, abetting, counselling or procuring the 2
commission of, or being an accessory before the fact to, any 3
crime or offence referred to in paragraph (a)-(f), 4
(h) any other crime or offence that, at the time it was committed, was 5
a major offence for the purposes of this Act, the Road Transport 6
(General) Act 2005, the Road Transport (General) Act 1999 or 7
the Traffic Act 1909. 8
motor vehicle means a vehicle that is built to be propelled by a motor 9
that forms part of the vehicle. 10
national schedule of demerit points means the driving offences and 11
corresponding demerit points prescribed in the statutory rules as 12
comprising the national schedule of demerit points. 13
National Transport Commission means the National Transport 14
Commission established under the National Transport Commission Act 15
2003 of the Commonwealth (formerly the National Road Transport 16
Commission established under the National Road Transport 17
Commission Act 1991 of the Commonwealth), and includes any 18
successor to or continuation of that body. 19
NSW demerit points register--see section 31. 20
NSW driver licence register--see section 27. 21
NSW registrable vehicles register--see section 64. 22
NSW written-off vehicles register--see section 83. 23
owner: 24
(a) in relation to a vehicle (including a vehicle in a combination)-- 25
means a person who: 26
(i) is the sole owner, a joint owner or a part owner of the 27
vehicle, or 28
(ii) has possession or use of the vehicle under a credit, 29
hire-purchase, lease or other agreement, except an 30
agreement requiring the vehicle to be registered in the 31
name of someone else, or 32
(b) in relation to a combination--means a person who: 33
(i) is the sole owner, a joint owner or a part owner of the 34
towing vehicle in the combination, or 35
(ii) has possession or use of the towing vehicle in the 36
combination under a credit, hire-purchase, lease or other 37
agreement, except an agreement requiring the vehicle to be 38
registered in the name of someone else. 39
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Interpretation Part 1.2
passenger, in relation to a vehicle or combination, does not include a 1
driver of the vehicle or combination or any person necessary for the 2
normal operation of the vehicle or combination. 3
penalty notice means: 4
(a) in relation to the provisions of Chapter 3: 5
(i) a penalty notice issued under Division 3 of Part 7.3, or 6
(ii) a penalty reminder notice issued under the Fines Act 1996, 7
and 8
(b) in relation to any other provisions of this Act--a penalty notice 9
issued under Division 3 of Part 7.3. 10
photograph includes a digitised, electronic or computer generated 11
image in a form approved by the Authority. 12
premises includes any structure, building, vessel or place (whether built 13
on or not), and any part of any such structure, building, vessel or place. 14
prescribed illicit drug means any of the following: 15
(a) delta-9-tetrahydrocannabinol (also known as THC), 16
(b) methylamphetamine (also known as speed), 17
(c) 3,4-methylenedioxymethylamphetamine (also known as 18
ecstasy). 19
prescribed speeding offence means an offence against this Act or the 20
statutory rules involving the use of a vehicle on a road or road related 21
area at an excessive speed that is an offence prescribed by the statutory 22
rules. 23
probationary licence means a licence to drive a motor vehicle: 24
(a) issued to a person who applies for a driver licence following a 25
period of disqualification from driving ordered by a court in 26
Australia, or 27
(b) issued to replace an equivalent licence issued under a 28
corresponding driver law. 29
professional driver means a person whose primary work is personally 30
driving a motor vehicle on roads or road related areas in or outside of 31
this jurisdiction, and includes a person of a class prescribed by the 32
statutory rules as a professional driver, but does not include a person of 33
a class prescribed by the statutory rules as not a professional driver. 34
prohibited speed measuring evasion article means any device or 35
substance that is designed, or apparently designed, to be fitted or 36
applied to, or to be carried in, a motor vehicle or trailer for the purpose 37
of detecting, interfering with, or reducing the effectiveness of, an 38
approved traffic enforcement device that is approved for speed 39
measurement, and includes a radar detecting device and a radar 40
jamming device. 41
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Clause 4 Road Transport Bill 2013
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Part 1.2 Interpretation
provisional licence means a licence (other than a learner licence) to 1
drive a motor vehicle, issued under a law in force in a State or internal 2
Territory, that is subject to conditions, restrictions or qualifications. 3
provisional P1 licence means a provisional P1 licence issued in 4
accordance with the statutory rules. 5
provisional P2 licence means a provisional P2 licence issued in 6
accordance with the statutory rules. 7
public authority means: 8
(a) the Crown in any capacity, or 9
(b) a body established by or under law, or the holder of an office 10
established by or under law, for a public purpose, including a 11
local government authority, or 12
(c) a police force or police service. 13
public place includes a place: 14
(a) of public resort open to or used by the public as of right, or 15
(b) for the time being: 16
(i) used for a public purpose, or 17
(ii) open to access by the public, 18
whether on payment or otherwise, or 19
(c) open to access by the public by the express or tacit consent or 20
sufferance of the owner of that place, whether the place is or is 21
not always open to the public, 22
but does not include: 23
(d) a track that at the material time is being used as a course for 24
racing or testing motor vehicles and from which other traffic is 25
excluded during that use, or 26
(e) a road or road related area, or 27
(f) a place declared by the statutory rules not to be a public place. 28
public safety means the safety of persons or property, including the 29
safety of: 30
(a) the drivers of and passengers in vehicles and combinations, and 31
(b) persons in or in the vicinity of (or likely to be in or in the vicinity 32
of) roads, road infrastructure and public places, and 33
(c) vehicles and combinations and any loads in or on them. 34
radar detecting device means a device designed or apparently designed 35
to be fitted to or carried in a motor vehicle or trailer for the purpose of 36
detecting electromagnetic radiations from an approved traffic 37
enforcement device that is approved for speed measurement. 38
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radar jamming device means a device designed or apparently designed 1
to be fitted to or carried in a motor vehicle or trailer for the purpose of 2
interfering with the receiving by an approved traffic enforcement device 3
that is approved for speed measurement of reflected electromagnetic 4
radiations. 5
records means any documents or documentation, whether in paper, 6
electronic or any other form. 7
registered and registration in relation to a vehicle--see section 7. 8
registered operator in relation to a vehicle or combination--see 9
section 8. 10
registrable vehicle means: 11
(a) any motor vehicle, or 12
(b) any trailer, or 13
(c) any other vehicle prescribed by the statutory rules for the 14
purposes of this definition. 15
registration charge has the same meaning as in Schedule 2. 16
relevant Australian driver licence means: 17
(a) an Australian driver licence, or 18
(b) a learner licence issued under a law in force in a State or internal 19
Territory authorising the holder to drive a motor vehicle on a road 20
or road related area. 21
responsible person in relation to a vehicle--see section 10. 22
restricted licence means an authority to drive a motor vehicle issued at 23
the direction of a court in Australia that authorises the holder to drive 24
only in the course of the holder's employment or in other specified 25
restricted circumstances. 26
rider of an animal includes a person having charge of the animal. 27
road means an area that is open to or used by the public and is developed 28
for, or has as one of its main uses, the driving or riding of motor 29
vehicles. 30
road infrastructure includes: 31
(a) a road, including its surface or pavement, and 32
(b) anything under or supporting a road or its surface or pavement 33
and maintained by a roads authority, and 34
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or 35
structure forming part of a road system or supporting a road, and 36
(d) any bridge or other work or structure located above, in or on a 37
road and maintained by a roads authority, and 38
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Clause 4 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.2 Interpretation
(e) any traffic control devices, railway or tramway equipment, 1
electricity equipment, emergency telephone systems or any other 2
facilities (whether of the same or a different kind) in, on, over, 3
under or connected with anything referred to in 4
paragraphs (a)-(d), and 5
(f) anything declared by the statutory rules to be included in this 6
definition, 7
but does not include anything declared by the statutory rules to be 8
excluded from this definition. 9
road related area means: 10
(a) an area that divides a road, or 11
(b) a footpath or nature strip adjacent to a road, or 12
(c) an area that is open to the public and is designated for use by 13
cyclists or animals, or 14
(d) an area that is not a road and that is open to or used by the public 15
for driving, riding or parking vehicles, or 16
(e) a shoulder of a road, or 17
(f) any other area that is open to or used by the public and that has 18
been declared under section 18 to be an area to which specified 19
provisions of this Act or the statutory rules apply. 20
road transport legislation--see section 6. 21
roads authority has the same meaning as in the Roads Act 1993. 22
second or subsequent offence--see section 9. 23
special purpose vehicle means: 24
(a) a vehicle (other than one declared by the statutory rules not to be 25
a special purpose vehicle for the purposes of this definition) 26
where the primary purpose for which it was built, or permanently 27
modified, was not the carriage of goods or passengers, or 28
(b) a vehicle declared by the statutory rules to be a special purpose 29
vehicle for the purposes of this definition. 30
specifications of a vehicle means the physical dimensions and other 31
physical attributes of the vehicle and its fittings. 32
speed limiter offence means an offence against section 162. 33
the Authority means Roads and Maritime Services constituted under 34
the Transport Administration Act 1988. 35
the statutory rules means the regulations and rules made by the 36
Governor under this Act. 37
this jurisdiction means New South Wales. 38
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Road Transport Bill 2013 Clause 4
Preliminary Chapter 1
Interpretation Part 1.2
threshold number of demerit points means: 1
(a) for the holder of a learner licence or a provisional P1 licence-- 2
4 or more demerit points, and 3
(b) for the holder of a provisional P2 licence--7 or more demerit 4
points. 5
trader's plate means a number-plate issued by the Authority to a person 6
engaged in a relevant trade to move unregistered registrable vehicles for 7
short-term purposes. 8
traffic includes vehicular traffic and pedestrian traffic and all other 9
forms of road traffic. 10
trailer means a vehicle that: 11
(a) is built to be towed, or is towed, by a motor vehicle, and 12
(b) is not capable of being propelled in the course of normal use on 13
roads or road related areas without being towed by a motor 14
vehicle, 15
whether or not its movement is aided by some other power source, but 16
does not include: 17
(c) a motor vehicle being towed, or 18
(d) anything declared by the statutory rules to be excluded from this 19
definition. 20
unregistered vehicle permit means a permit referred to in section 63 (d). 21
unrestricted driver licence means a driver licence other than a learner 22
licence or provisional licence. 23
use of a vehicle includes standing the vehicle on a road or road related 24
area. 25
vehicle means: 26
(a) any description of vehicle on wheels (including a light rail 27
vehicle) but not including any other vehicle used on a railway or 28
tramway, or 29
(b) any description of tracked vehicle (such as a bulldozer), or any 30
description of vehicle that moves on revolving runners inside 31
endless tracks, that is not used exclusively on a railway or 32
tramway, or 33
(c) any other description of vehicle prescribed by the statutory rules. 34
vehicle standard includes a standard or other requirement relating to the 35
construction, design or equipment of a registrable vehicle. 36
working day means a day that is not a Saturday, Sunday or public 37
holiday. 38
Page 15
Clause 5 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.2 Interpretation
(2) A reference in this Act to statutory rules made for the purposes of a 1
provision of this Act is a reference to statutory rules made under this Act 2
for or with respect to a matter that is required or permitted to be 3
prescribed by the provision. 4
(3) A reference in a provision of this Act relating to the road transport 5
legislation (other than this Act or the statutory rules) to an expression 6
that is defined in the legislation includes, for the purposes of the 7
application of the provision to the legislation, the expression as defined 8
in the legislation. 9
(4) A reference in this Act: 10
(a) to the Road Transport (General) Act 2005 is a reference to that 11
Act as in force before it was renamed and amended by the Road 12
Transport Legislation (Repeal and Amendment) Act 2013, or 13
(b) to the Road Transport (General) Regulation 2005 is a reference 14
to that Regulation as in force before it was renamed and amended 15
by the Road Transport (Statutory Rules) Act 2013. 16
Note. The Road Transport (General) Act 2005 was renamed as the Road 17
Transport (Vehicle and Driver Management) Act 2005 by the Road Transport 18
Legislation (Repeal and Amendment) Act 2013. It was also amended to confine 19
its operation to mass, dimension and load restraint requirements for heavy 20
vehicles and other vehicles and to the regulation of certain other matters relating 21
to heavy vehicles (such as driver fatigue management and heavy vehicle 22
speeding compliance) pending the implementation in this jurisdiction of the 23
proposed Heavy Vehicle National Law. Various compliance and enforcement 24
provisions in the Road Transport (General) Act 2005 for the road transport 25
legislation generally have now been relocated to this Act. See, in particular, 26
Chapter 7. 27
The Road Transport (General) Regulation 2005 was also renamed as the Road 28
Transport (Vehicle and Driver Management) Regulation 2005 by the Road 29
Transport (Statutory Rules) Act 2013, and its operation was similarly confined. 30
5 References to "road" generally include "road related area" (cf Gen Act, 31
s 3 (3)) 32
Each reference in this Act (except in this Part) to a road includes a 33
reference to a road related area, unless otherwise expressly stated in 34
this Act. 35
6 Meaning of "road transport legislation" (cf Gen Act, s 5) 36
(1) In this Act, road transport legislation means the following: 37
(a) this Act and the statutory rules, 38
(b) the Road Transport (Vehicle and Driver Management) Act 2005 39
and the regulations under that Act, 40
(c) the Motor Vehicles Taxation Act 1988 and the regulations under 41
that Act, 42
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Road Transport Bill 2013 Clause 7
Preliminary Chapter 1
Interpretation Part 1.2
(d) any other Act or statutory rule made under any other Act (or any 1
provision of such an Act or statutory rule) that is prescribed by 2
the statutory rules. 3
(2) Statutory rules referred to in subsection (1) (d) prescribing an Act or 4
statutory rule made under another Act (or provision of such an Act or 5
statutory rule) cannot be made without the concurrence of the Minister 6
administering the Act or statutory rule concerned. 7
(3) A provision of this Act relating to the road transport legislation does not 8
apply to the road transport legislation if that legislation provides 9
otherwise either expressly or by necessary intendment. 10
7 Meaning of terms relating to registration (cf Gen Act, s 3 (1); STM Act, cl 1 of 11
Dict; VR Act, s 4) 12
(1) Except as provided by subsections (2) and (3), in this Act registration 13
in relation to a vehicle means registration of the vehicle in the NSW 14
registrable vehicles register, and registered has a corresponding 15
meaning. 16
(2) In this Act, registration in Australia in relation to a vehicle means 17
registration of the vehicle in an Australian registrable vehicles register, 18
and registered in Australia has a corresponding meaning. 19
(3) In this Act, registration in another jurisdiction in relation to a vehicle 20
means registration of the vehicle in an Australian registrable vehicles 21
register (other than the NSW registrable vehicles register), and 22
registered in another jurisdiction has a corresponding meaning. 23
8 Meaning of terms relating to registered operators (cf Gen Act, s 3 (1); VR 24
Act, s 4) 25
(1) Except as provided by subsections (2) and (3), in this Act a registered 26
operator in relation to a vehicle means a person recorded in the NSW 27
registrable vehicles register as the person responsible for the vehicle. 28
(2) In this Act, an Australian registered operator: 29
(a) in relation to a vehicle (including a vehicle in a combination)-- 30
means a person recorded in an Australian registrable vehicles 31
register as the person responsible for the vehicle, or 32
(b) in relation to a combination--means a person recorded in an 33
Australian registrable vehicles register as the person responsible 34
for the towing vehicle in the combination. 35
(3) In this Act, a registered operator in another jurisdiction: 36
(a) in relation to a vehicle (including a vehicle in a combination)-- 37
means a person recorded in an Australian registrable vehicles 38
Page 17
Clause 9 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.2 Interpretation
register (other than the NSW registrable vehicles register) as the 1
person responsible for the vehicle, or 2
(b) in relation to a combination--means a person recorded in an 3
Australian registrable vehicles register (other than the NSW 4
registrable vehicles register) as the person responsible for the 5
towing vehicle in the combination. 6
9 Determination of "first offence" and "second or subsequent offence" 7
(cf DL Act, ss 25 (5) and 25A (11); Gen Act, s 96; STM Act, cl 2 of Dict) 8
(1) Application of section 9
This section applies to the determination of whether an offence against 10
a provision of this Act or the statutory rules is: 11
(a) a first offence, or 12
(b) a second or subsequent offence. 13
Note. The Act and the statutory rules provide in some cases for different 14
penalties or disqualification periods, or for forfeitures, in connection with an 15
offence depending on whether a particular offence is a first offence or a second 16
or subsequent offence. 17
(2) Second or subsequent offence 18
If a person is found guilty of an offence (the new offence) against a 19
provision of this Act or the statutory rules, the new offence is a second 20
or subsequent offence only if: 21
(a) the person, within the applicable re-offending period (if any) for 22
the offence concerned, was found guilty of another offence (the 23
previous offence) that was: 24
(i) an offence against the same provision, or 25
(ii) an offence against a former corresponding provision, or 26
(iii) an equivalent offence to the new offence, and 27
(b) the occasion when the new offence occurred was different from 28
the occasion when the previous offence occurred. 29
(3) Except as provided by subsection (4), the applicable re-offending 30
period for a particular offence for the purposes of subsection (2) (a) is: 31
(a) the period of 5 years, or 32
(b) such other period as may be specified by a provision of this Act 33
(in the case of offences against this Act) or the statutory rules (in 34
the case of offences against the statutory rules) as the applicable 35
re-offending period for the offence for the purposes of this 36
section. 37
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Road Transport Bill 2013 Clause 9
Preliminary Chapter 1
Interpretation Part 1.2
(4) An offence does not have an applicable re-offending period if a 1
provision of this Act (in the case of offences against this Act) or the 2
statutory rules (in the case of offences against the statutory rules) 3
specifies that there is no such period for the offence for the purposes of 4
this section. 5
(5) A previous offence is an equivalent offence to a new offence for the 6
purposes of subsection (2) (a) (iii) if: 7
(a) where the new offence is an offence against section 54 (1)--the 8
previous offence was an offence against section 54 (3) or (4) or a 9
corresponding former provision or a major offence, or 10
(b) where the new offence is an offence against section 54 (3)--the 11
previous offence was an offence against section 54 (1) or (4) or a 12
corresponding former provision or a major offence, or 13
(c) where the new offence is an offence against section 54 (4)--the 14
previous offence was an offence against section 54 (1) or (3) or a 15
corresponding former provision or a major offence, or 16
(d) where the new offence is an offence against a provision of 17
Chapter 5 or Schedule 3--the previous offence was a major 18
offence, or 19
(e) a provision of this Act (in the case of offences against this Act) 20
or the statutory rules (in the case of offences against the statutory 21
rules) declares the offence to be an equivalent offence to another 22
offence for the purposes of this section. 23
(6) Without limiting subsection (5) (e), an offence against a law of another 24
jurisdiction may be declared to be an equivalent offence for the 25
purposes of this section. 26
(7) In determining whether an offence is a second or subsequent offence, 27
the following matters are immaterial: 28
(a) the order in which the offences concerned are committed, 29
(b) whether or not the offences concerned were subject to the same 30
penalties. 31
(8) First offence 32
An offence against a provision of this Act or the statutory rules is a first 33
offence if it is not a second or subsequent offence. 34
(9) If the court is satisfied that a person is guilty of an offence but cannot 35
determine (from the information available to the court) whether the 36
offence is a first offence for which the person was found guilty, the 37
court may only impose a penalty for the offence as if it were a first 38
offence. 39
Page 19
Clause 10 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.2 Interpretation
10 Meaning of "responsible person" for a vehicle (cf Gen Act, s 6) 1
(1) In the road transport legislation, the responsible person for a vehicle 2
means: 3
(a) in relation to a vehicle that is registered in Australia--each of the 4
following persons: 5
(i) an Australian registered operator of the vehicle, except 6
where the vehicle has been disposed of by the operator, 7
(ii) if the vehicle has been disposed of by a previous Australian 8
registered operator--a person who has acquired the 9
vehicle from the operator, 10
(iii) a person who has a legal right to possession of the vehicle 11
(including any person who has the use of the vehicle under 12
a lease or hire-purchase agreement, but not the lessor while 13
the vehicle is being leased under any such agreement), and 14
(b) in relation to a vehicle to which a trader's plate is affixed that is 15
not registered in Australia--each of the following persons: 16
(i) the person to whom the trader's plate is issued, 17
(ii) a person who has a legal right to possession of the vehicle 18
(including any person who has the use of the vehicle under 19
a lease or hire-purchase agreement, but not the lessor while 20
the vehicle is being leased under any such agreement), and 21
(c) in relation to a vehicle that is not registered in Australia and to 22
which no trader's plate is affixed--each of the following persons: 23
(i) a person who was last recorded in an Australian registrable 24
vehicles register as being responsible for the vehicle, 25
(ii) a person who has a legal right to possession of the vehicle 26
(including any person who has the use of the vehicle under 27
a lease or hire-purchase agreement, but not the lessor while 28
the vehicle is being leased under any such agreement), and 29
(d) any other person (or class of persons) prescribed by the statutory 30
rules for the purposes of this definition. 31
(2) For the purposes of subsection (1) (d), the statutory rules may prescribe 32
different persons for different provisions of the road transport 33
legislation. 34
11 Rights, liabilities and obligations of multiple responsible persons (cf 35
Gen Act, s 7) 36
(1) Subject to any statutory rules made for the purposes of subsection (2), 37
if more than one person is the responsible person for a vehicle at any one 38
time, a reference in any relevant legislation to the responsible person for 39
a vehicle within the meaning of this Act or any other road transport 40
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Road Transport Bill 2013 Clause 12
Preliminary Chapter 1
Interpretation Part 1.2
legislation is taken to include a reference to each person who is a 1
responsible person for such a vehicle. 2
(2) The statutory rules may provide for the determination of the respective 3
rights, liabilities and obligations of each responsible person for a 4
vehicle under any relevant legislation, but only with the concurrence of 5
the Minister administering the relevant legislation. 6
(3) In this section: 7
relevant legislation means: 8
(a) a provision of the road transport legislation, or 9
(b) a provision of any other Act (or a provision of a statutory rule 10
made under any such Act) concerned with the responsible person 11
for a vehicle within the meaning of this Act or any other road 12
transport legislation. 13
12 Application of Acts Interpretation Act 1901 (Cth) (cf DL Act, s 5; STM Act, 14
s 6; VR Act, s 5) 15
(1) The statutory rules may apply (whether with or without modifications) 16
any or all of the provisions of the Acts Interpretation Act 1901 of the 17
Commonwealth to the interpretation of: 18
(a) this Act or the statutory rules (or specified provisions of this Act 19
or the statutory rules), or 20
(b) any instrument made under this Act or the statutory rules (or 21
specified provisions of any such instrument). 22
(2) This section does not prevent the Interpretation Act 1987 from applying 23
to any provision of this Act or the statutory rules (or of an instrument 24
made under this Act or the statutory rules) to the extent that it can do so 25
consistently with the application of the Acts Interpretation Act 1901 of 26
the Commonwealth to any such provision by a statutory rule referred to 27
in subsection (1). 28
13 Notes 29
Notes included in this Act do not form part of this Act. 30
Note. For the purposes of comparison, a number of provisions of this Act 31
contain bracketed notes in headings drawing attention ("cf") to equivalent or 32
comparable (though not necessarily identical) provisions of other Acts and 33
statutory rules (as in force immediately before the enactment of this Act). 34
Abbreviations in these notes include the following: 35
(a) DL Act is a reference to the Road Transport (Driver Licensing) Act 1998 36
No 99, 37
(b) Gen Act is a reference to the Road Transport (General) Act 2005 No 11, 38
(c) Gen Reg is a reference to the Road Transport (General) Regulation 39
2005, 40
Page 21
Clause 14 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.3 Application
(d) STM Act is a reference to the Road Transport (Safety and Traffic 1
Management) Act 1999 No 20, 2
(e) STM Reg is a reference to the Road Transport (Safety and Traffic 3
Management) Regulation 1999, 4
(f) VR Act is a reference to the Road Transport (Vehicle Registration) Act 5
1997 No 119. 6
Part 1.3 Application 7
Division 1 General 8
14 General relationship with other laws (cf Gen Act, s 14) 9
(1) Other Acts and laws not affected except as provided by this section 10
Subject to this section, nothing in the road transport legislation: 11
(a) affects any of the provisions of any other Act or any statutory rule 12
made under any other Act, or takes away any powers vested in 13
any person or body by any other Act or statutory rule made under 14
any other Act, except as provided by this section, or 15
(b) affects any liability of any person at common law except to the 16
extent that the road transport legislation provides otherwise either 17
expressly or by necessary intendment. 18
(2) This Act and statutory rules to be interpreted as generally prevailing 19
over other legislation in cases of inconsistency 20
An Act that forms part of the road transport legislation is to be construed 21
as prevailing over any other Act to the extent of any inconsistency 22
unless the other Act provides otherwise either expressly or by necessary 23
intendment. 24
(3) An Act that forms part of the road transport legislation is to be construed 25
as prevailing over any statutory rule made under any other Act to the 26
extent of any inconsistency unless the other Act provides otherwise 27
either expressly or by necessary intendment. 28
(4) A statutory rule that forms part of the road transport legislation is to be 29
construed as prevailing over any other Act or statutory rule made under 30
another Act to the extent of any inconsistency in respect of driver 31
licensing, vehicle registration or traffic on roads (or other related 32
matters) unless the other Act provides otherwise either expressly or by 33
necessary intendment. 34
Page 22
Road Transport Bill 2013 Clause 15
Preliminary Chapter 1
Application Part 1.3
(5) Statutory rules may displace operation of subsections (2)-(4) 1
Despite subsections (2)-(4), the statutory rules may provide that any 2
other Act or a statutory rule (or any provision of another Act or statutory 3
rule) is to be construed as prevailing over an inconsistent provision of 4
the road transport legislation. 5
Note. The expression statutory rule is defined in section 21 (1) of the 6
Interpretation Act 1987 to mean: 7
(a) a regulation, by-law, rule or ordinance: 8
(i) that is made by the Governor, or 9
(ii) that is made by a person or body other than the Governor, but is 10
required by law to be approved or confirmed by the Governor, or 11
(b) a rule of court. 12
15 Statutory rules may disapply Roads Act 1993 in certain circumstances 13
(cf Gen Act, s 12) 14
For the purpose of facilitating the administration and enforcement of the 15
road transport legislation, the statutory rules may provide that any 16
specified provision of the Roads Act 1993 (or any specified statutory 17
rule made under any provision of that Act) does not apply to a vehicle, 18
person or animal (or any class of vehicles, persons or animals) to the 19
extent specified by the statutory rules. 20
16 Contracting out prohibited (cf Gen Act, s 9) 21
A term of any contract or agreement that purports to exclude, limit or 22
modify the operation of this Act or of any provision of this Act is void 23
to the extent that it would otherwise have that effect. 24
17 Act to bind Crown (cf DL Act, s 6; Gen Act, s 8; STM Act, s 5; VR Act, s 23) 25
This Act binds the Crown in right of this jurisdiction and, in so far as the 26
legislative power of the Parliament of this jurisdiction permits, the 27
Crown in all its other capacities. 28
Division 2 Alteration of scope of operation of road transport 29
legislation 30
18 Power of Minister to include or exclude areas (cf Gen Act, s 15) 31
(1) The Minister may declare, by order published in the Gazette, that the 32
road transport legislation, or any specified provision of the road 33
transport legislation: 34
(a) applies to a specified area of this jurisdiction that is open to or 35
used by the public, or 36
Page 23
Clause 19 Road Transport Bill 2013
Chapter 1 Preliminary
Part 1.3 Application
(b) does not apply to a specified road. 1
Note. The Minister may amend, rescind, revoke or repeal an order made under 2
this section. See section 43 of the Interpretation Act 1987 and the definition of 3
repeal in section 21 of that Act. 4
(2) The declaration has effect until it is rescinded, revoked or repealed, or 5
for the period specified in the declaration. 6
19 Power of Minister to exclude vehicles, persons or animals (cf Gen Act, 7
s 16) 8
(1) The Minister may declare, by order published in the Gazette, that the 9
road transport legislation (or a specified provision of the road transport 10
legislation) does not apply to a vehicle, person or animal in any location 11
or circumstance specified in the order. 12
Note. The Minister may amend, rescind, revoke or repeal an order made under 13
this section. See section 43 of the Interpretation Act 1987 and the definition of 14
repeal in section 21 of that Act. 15
(2) The declaration has effect until it is rescinded, revoked or repealed, or 16
for the period specified in the declaration. 17
20 Minister to consult before making certain declarations (cf Gen Act, s 17) 18
Before making a declaration under this Division in respect of Chapter 4 19
(Vehicle registration), or any statutory rules made for the purposes of 20
that Chapter, the Minister is to consult with the Minister administering 21
the Motor Accidents Compensation Act 1999. 22
21 Statutory rules may exclude vehicles, animals and persons (cf DL Act, 23
s 20 (2) (k) and (l); Gen Act, s 13; STM Act, s 72; VR Act, s 16) 24
(1) The statutory rules may: 25
(a) exempt a vehicle, person or animal (or a class of vehicles, persons 26
or animals of a kind) identified in the statutory rules from the 27
operation of this Act or the statutory rules (or specified 28
provisions of this Act or the statutory rules), and 29
(b) authorise the Authority to exempt a vehicle, person or animal (or 30
a class of vehicles, persons or animals of a kind) identified in the 31
statutory rules from the operation of this Act or the statutory rules 32
(or specified provisions of this Act or the statutory rules), and 33
(c) without limiting paragraphs (a) and (b), provide that this Act or 34
the statutory rules (or specified provisions of this Act or the 35
statutory rules) do not apply to a driver or a class of drivers. 36
(2) An exemption granted by or under the statutory rules as referred to in 37
subsection (1) may be given unconditionally or on specified conditions. 38
Page 24
Road Transport Bill 2013 Clause 22
Preliminary Chapter 1
(3) The statutory rules may provide for the Authority to do either or both of 1
the following: 2
(a) to suspend the operation of any statutory rule referred to in 3
subsection (1) in such manner and in such circumstances as may 4
be specified by the statutory rules, 5
(b) to suspend the operation of an exemption, or to revoke an 6
exemption, given by it to any vehicle, person or animal in such 7
manner and in such circumstances as may be specified by the 8
statutory rules. 9
22 Database of declarations and orders made under this Division (cf Gen 10
Act, s 18) 11
(1) The Authority is to maintain a database, in accordance with the statutory 12
rules, containing information about declarations and orders made under 13
this Division that are in force from time to time. 14
(2) The database may be kept in the form of, or as part of, a computer 15
database or in such other form as the Authority considers appropriate. 16
(3) The Authority is to give members of the public access to information 17
contained in the database in accordance with the statutory rules. 18
(4) A failure by the Authority to comply with this section does not affect 19
the validity of any declaration or order. 20
Page 25
Clause 23 Road Transport Bill 2013
Chapter 2 Statutory rules
Chapter 2 Statutory rules 1
23 General power to make regulations and rules (cf DL Act, s 19 (1); Gen Act, 2
s 10 (1); STM Act, ss 71 (1) and 72A; VR Act, s 14 (1)) 3
(1) The Governor may make regulations and rules, not inconsistent with 4
this Act, for or with respect to any matter that by this Act is required or 5
permitted to be prescribed or that is necessary or convenient to be 6
prescribed for carrying out or giving effect to this Act. 7
(2) Without limiting section 43 of the Interpretation Act 1987, the rules 8
may amend or repeal the regulations and the regulations may amend or 9
repeal the rules. 10
Note. Section 43 of the Interpretation Act 1987 provides that if an Act confers a 11
power on any person or body to make a statutory rule, the power includes power 12
to amend or repeal any statutory rule made in the exercise of that power. 13
(3) A reference in any other Act or law to a matter prescribed by the rules 14
or regulations under this Act (however expressed) includes a reference 15
to a matter prescribed by the statutory rules. 16
(4) The same legal rules and principles apply to the resolution of an 17
inconsistency between a rule and a regulation as apply to the resolution 18
of an inconsistency between regulations. 19
24 Examples of statutory rule-making powers (cf DL Act, s 20 (4) and (5); STM 20
Act, s 71 (2) and (11)) 21
(1) Without limiting section 23 or any other provision of this Act conferring 22
a power to make statutory rules, the statutory rules may make provision 23
for or with respect to the matters set out in Schedule 1 (Examples of 24
statutory rule-making powers). 25
(2) Without limiting Schedule 1 or any other provision of this Act 26
conferring a power to make statutory rules in relation to fees, the 27
statutory rules may impose a fee in respect of services provided by the 28
Authority under this Act or the statutory rules despite the fact that the 29
fee may also comprise a tax. 30
(3) A provision of the statutory rules made for the purposes of clause 1 (2) 31
(g) of Schedule 1 has effect despite anything to the contrary in 32
section 150 (5) of the Liquor Act 2007. 33
25 Incorporation of documents and modification of definitions (cf DL Act, 34
s 19 (2); Gen Act, s 11 (3); STM Act, s 71 (3)-(6)) 35
(1) The statutory rules: 36
(a) may apply, adopt or incorporate, whether wholly or in part or 37
with or without modifications, any of the following (either as in 38
force or effect at a particular time or from time to time): 39
Page 26
Road Transport Bill 2013 Clause 25
Statutory rules Chapter 2
(i) any publication of the National Transport Commission that 1
has been approved (whether before or after the 2
commencement of this section) by the Australian 3
Transport Council, 4
(ii) any national standards under the Motor Vehicle Standards 5
Act 1989 of the Commonwealth, 6
(iii) any other publication (including any Act or statutory rule 7
of another jurisdiction), and 8
(b) may apply to any provision of the statutory rules, whether wholly 9
or in part or with or without modifications, the provisions of the 10
Criminal Code set out in the Schedule to the Criminal Code Act 11
1995 of the Commonwealth. 12
(2) Subsection (1) (a) extends to documents approved by the Australian 13
Transport Council that have been published in this jurisdiction by the 14
Authority on behalf of the National Transport Commission. 15
(3) If a statutory rule applies, adopts or incorporates by way of reference 16
any publication (or provision of a publication) referred to in subsection 17
(1) (a) of the National Transport Commission that has been approved by 18
the Australian Transport Council, evidence of the publication or 19
provision may be given in any proceedings: 20
(a) by the production of a document purporting to be a copy of it and 21
purporting to be published by or on behalf of the National 22
Transport Commission, or 23
(b) by the production of a document purporting to be a copy of it and 24
purporting to be printed by the government printer or by the 25
authority of the Government of this jurisdiction or another 26
jurisdiction. 27
(4) For the purposes of the statutory rules, the statutory rules may define an 28
expression (or apply, adopt, or incorporate a definition of an expression 29
in a publication referred to in subsection (1) (a)) that is defined by this 30
Act: 31
(a) in the same (or in substantially the same) way as it is defined by 32
this Act, or 33
(b) by reference to one or more classes of matter included in the 34
expression as defined by this Act, or 35
(c) by reference to a combination of classes of matter included in the 36
expression as defined by this Act and in any other expression 37
defined by this Act (but not so as to exceed the power to make 38
statutory rules in respect of those classes of matter), or 39
Page 27
Clause 26 Road Transport Bill 2013
Chapter 2 Statutory rules
(d) for the purposes of applying, adopting or incorporating a 1
publication of the National Transport Commission that has been 2
approved by the Australian Transport Council--in the same way 3
as it is defined in the publication despite anything contained in 4
this Act or any other road transport legislation. 5
26 Offences in the statutory rules and certificate evidence (cf DL Act, ss 19 (3) 6
and 19A; Gen Act, ss 10 (4), 11A (3), 11B (3), 11C (3) and 28A (3); STM Act, s 71 7
(7)-(10); VR Act, s 14 (4)) 8
(1) Subject to subsection (2), the statutory rules may create offences 9
(including by making provision for or with respect to defences for such 10
offences and who bears the onus of proof in respect of such defences). 11
(2) Offences created by the statutory rules may be made punishable by a 12
penalty not exceeding 34 penalty units. 13
(3) In addition to a penalty referred to in subsection (2), the statutory rules 14
may provide for a person who is convicted of an offence against this Act 15
or the statutory rules: 16
(a) to be automatically disqualified by virtue of the conviction from 17
holding a driver licence for a period not exceeding 6 months, or 18
(b) to be disqualified by order of the court that convicts the person of 19
the offence from holding a driver licence for such period as the 20
court thinks fit (whether for a period that is shorter or longer than 21
a period of automatic disqualification referred to in 22
paragraph (a)). 23
(4) The statutory rules may provide for a person who is prosecuted for an 24
aggravated form of an offence against the statutory rules to be convicted 25
by a court of a lesser offence if the court is not satisfied that the elements 26
of the aggravated offence have been proven, but is satisfied that the 27
elements of the lesser offence have been proven. 28
(5) The statutory rules may provide for a document that is signed or 29
purports to be signed by or on behalf of the Authority or other specified 30
person in respect of a speed limit applying to a road that certifies any 31
matter specified by the statutory rules concerning the speed limit (or the 32
operation of any device by means of which the speed limit is imposed) 33
to be admissible and prima facie evidence of that matter in proceedings 34
before a court or tribunal. 35
Page 28
Road Transport Bill 2013 Clause 27
Driver licensing Chapter 3
General functions of Authority in relation to driver licensing Part 3.1
Chapter 3 Driver licensing 1
Part 3.1 General functions of Authority in relation to 2
driver licensing 3
27 Maintenance of NSW driver licence register and other functions (cf DL 4
Act, s 8) 5
(1) The Authority is to maintain a register of driver licences (the NSW 6
driver licence register) in accordance with this Chapter and the 7
statutory rules. 8
(2) The Authority also has the following functions under this Chapter: 9
(a) to administer the driver licensing system established by this 10
Chapter and the statutory rules, 11
(b) to maintain the NSW demerit points register in accordance with 12
this Chapter and the statutory rules, 13
(c) to provide information about drivers in accordance with the 14
statutory rules, 15
(d) to exercise such other functions concerning driver licensing as 16
are conferred or imposed by or under this Chapter and the 17
statutory rules. 18
28 Authority not to issue or renew licence in certain circumstances (cf DL 19
Act, s 9) 20
(1) The Authority must not issue a driver licence to a person unless it is 21
satisfied that the person is a resident of this jurisdiction and that: 22
(a) the person is eligible to be issued with, or to apply for, the driver 23
licence, and 24
(b) if the person is the holder of an Australian driver licence or a 25
licence to drive a motor vehicle in a foreign country, that licence 26
has been surrendered, 27
in accordance with the statutory rules. 28
(2) However, the Authority may issue a driver licence to a person without 29
the person surrendering the person's licence to drive a motor vehicle in 30
a foreign country in circumstances prescribed by the statutory rules. 31
(3) The Authority must not renew a driver licence of a person if it is 32
satisfied that the person is no longer a resident of this jurisdiction. 33
(4) Subsections (1) and (3), to the extent that they require a person to be a 34
resident of this jurisdiction, do not apply to a person who resides 35
temporarily outside this jurisdiction. 36
Page 29
Clause 29 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.1 General functions of Authority in relation to driver licensing
(5) This section does not limit the other circumstances in which the 1
Authority may refuse to issue or renew a licence. 2
29 Mutual recognition (cf DL Act, s 11) 3
(1) The Authority must, in accordance with the statutory rules, recognise: 4
(a) driver licences issued by another jurisdiction, and 5
(b) licence conditions that apply to those licences, other than 6
conditions that apply only in circumstances that are unique to that 7
other jurisdiction or that are prescribed by the statutory rules. 8
(2) The statutory rules may provide for the effect of the recognition of 9
driver licences and licence conditions by the Authority. 10
(3) If a person who holds a driver licence issued by another driver licensing 11
authority: 12
(a) commits an offence in this jurisdiction that is included in the 13
national schedule of demerit points, or 14
(b) pays the amount specified in a penalty notice for such an offence, 15
the Authority must, as soon as practicable, transmit all relevant 16
information about the offence to the other driver licensing authority. 17
(4) If a person who is not the holder of an Australian driver licence: 18
(a) commits an offence in this jurisdiction that is included in the 19
national schedule of demerit points, or 20
(b) pays the amount specified in a penalty notice for such an offence, 21
the Authority must transmit the relevant information about the offence 22
to the driver licensing authority of the jurisdiction in which the person 23
ordinarily resides. 24
(5) However, the Authority is not required to transmit any information until 25
after: 26
(a) if the person appeals against a conviction for the offence and the 27
appeal is dismissed or discontinued--the dismissal or 28
discontinuance of the appeal, or 29
(b) if the person does not appeal--the last time at which the person 30
could have appealed, or 31
(c) if the person does not pay the penalty specified in a penalty notice 32
issued to the person in respect of the offence and the person does 33
not elect to have the matter dealt with by a court--the time for the 34
person to have the matter so dealt with has elapsed. 35
Page 30
Road Transport Bill 2013 Clause 30
Driver licensing Chapter 3
Demerit points system Part 3.2
(6) If the Authority receives information about a person from another driver 1
licensing authority under a provision of a law of the other jurisdiction 2
that corresponds to this section, the Authority must take the action it 3
would have taken if the offence had been committed in this jurisdiction. 4
30 Security of information in registers (cf DL Act, s 12) 5
(1) The Authority must ensure that information contained in the NSW 6
driver licence register or the NSW demerit points register that is of a 7
personal nature or that has commercial sensitivity for the person about 8
whom it is kept is not released except as provided by the statutory rules 9
or under another law. 10
(2) However, if the register includes any photograph to which Part 3.5 11
applies, Part 3.5 (rather than the statutory rules) applies to the release of 12
that photograph. 13
Part 3.2 Demerit points system 14
Division 1 NSW demerit points register and offences 15
31 NSW demerit points register (cf DL Act, s 14) 16
(1) The Authority is to maintain a register of demerit points (the NSW 17
demerit points register) in accordance with this Chapter and the 18
statutory rules. 19
(2) The Authority is to record, in the NSW demerit points register, against 20
a person the number of demerit points specified in the statutory rules if: 21
(a) the person is convicted of an offence specified in the national 22
schedule of demerit points or any other offence specified in the 23
statutory rules, or recognised, under section 32, or 24
(b) the person pays the whole or any part of the penalty specified in 25
a penalty notice issued to the person in respect of the offence, or 26
(c) the person has not paid the penalty specified in a penalty notice 27
issued to the person in respect of the offence, the person has not 28
elected to have the matter dealt with by a court and the time for 29
the person to have the matter so dealt with has lapsed. 30
(3) Demerit points incurred by a person for an offence for which demerit 31
points may be incurred under this Chapter or the statutory rules are to 32
be recorded in the NSW demerit points register in respect of the day on 33
which the offence was committed. 34
Page 31
Clause 32 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.2 Demerit points system
(4) To avoid doubt, the Authority is not to record demerit points against a 1
person under this Division in respect of an offence if the court makes an 2
order under section 10 of the Crimes (Sentencing Procedure) Act 1999 3
in respect of the offence. 4
(5) Without limiting any other provision of this section, the Authority may 5
correct any mistake, error or omission in the NSW demerit points 6
register, subject to any requirements of the statutory rules. 7
Note. If the holder of a driver licence issued by another driver licensing authority 8
commits an offence in this jurisdiction that warrants demerit points, the Authority 9
must transmit all relevant information about the offence to the other authority 10
(see section 29 (3)). 11
32 Offences for which demerit points are incurred (cf DL Act, s 15) 12
(1) The statutory rules may prescribe: 13
(a) the offences (relating to the driving or use of motor vehicles), and 14
the number of demerit points incurred for each offence, that 15
comprise the national schedule of demerit points, and 16
(b) additional offences (relating to the driving or use of motor 17
vehicles) created under a law of this jurisdiction for which 18
demerit points may be incurred and the number of demerit points 19
incurred for each offence. 20
(2) The Authority may, by notice published in the Gazette: 21
(a) recognise offences (relating to the driving or use of motor 22
vehicles) created under a law of this jurisdiction or another 23
jurisdiction that are not on the national schedule of demerit points 24
as being offences for which the Authority will record demerit 25
points against persons, and 26
(b) specify the number of demerit points incurred for each of those 27
offences. 28
(3) The Authority may, by notice published in the Gazette, revoke the 29
recognition of an offence against subsection (2) or amend the number of 30
demerit points specified for an offence. Any such revocation or 31
amendment takes effect on the day the notice is published in the 32
Gazette, or on such later day as may be specified in the notice. 33
(4) A statutory rule or a notice under this section may specify different 34
numbers of demerit points for the same offence in different 35
circumstances (whether or not the offence is contained in the national 36
schedule of demerit points). 37
(5) An offence is taken to be recognised under this section on the day the 38
notice is published in the Gazette or on such later day as may be 39
specified in the notice. 40
Page 32
Road Transport Bill 2013 Clause 33
Driver licensing Chapter 3
Demerit points system Part 3.2
(6) A revocation or amendment under subsection (3) does not affect any 1
demerit points incurred before the revocation or amendment takes 2
effect. 3
Division 2 Consequences for unrestricted licence holders 4
who incur demerit points 5
33 Suspension of licence (cf DL Act, s 16 (2)-(6)) 6
(1) The Authority must give a notice of licence suspension to the holder of 7
an unrestricted driver licence who incurs 13 or more demerit points (or 8
in the case of a professional driver 14 or more demerit points) within the 9
3-year period ending on the day on which the person last committed an 10
offence for which demerit points have been recorded against the person. 11
(2) Despite subsection (1), the Authority is not required to take action under 12
that subsection if it is of the opinion that: 13
(a) it would be unreasonable to do so, having regard to the date when 14
any relevant offence was committed, or 15
(b) it would be more appropriate for the person to be dealt with under 16
section 34 (2) or 35. 17
(3) The notice of licence suspension must specify the date on which the 18
suspension is to take effect and must contain any other matters specified 19
by the statutory rules. The date specified must not be earlier than 20
28 days after the notice is given. 21
(4) The period of licence suspension under subsection (1) is the period 22
applicable under the following table: 23
Licence suspension for demerit points 24
Number of demerit points Period of licence suspension
incurred within previous
3 years
13 (or 14 in the case of a professional 3 months
driver) to 15
16 to 19 4 months
20 or more 5 months
Page 33
Clause 34 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.2 Demerit points system
(5) If a person who has been served with a notice of licence suspension does 1
not make an election under section 36, all driver licences held by the 2
person are suspended for the period applicable under this section on and 3
from the date specified in the notice. 4
34 Consequences in relation to licence applications (cf DL Act, s 16AA) 5
(1) Demerit points recorded against a person must be taken into account if 6
the person subsequently obtains or applies for a driver licence within 7
3 years of the date of the offence for which the demerit points are 8
incurred. 9
(2) For the purposes of subsection (1), if a person applies for a driver 10
licence (including for the renewal of a licence) having incurred 13 or 11
more demerit points (or in the case of a professional driver 14 or more 12
demerit points) within a 3-year period ending on the day on which the 13
applicant last committed an offence for which demerit points have been 14
recorded against the applicant: 15
(a) the Authority may refuse the person's application and take action 16
under section 35, or 17
(b) the Authority may grant the licence and take action under 18
section 33. 19
35 Licence ineligibility (cf DL Act, s 16A (1)-(5)) 20
(1) The Authority may give a notice of licence ineligibility to the applicant 21
for an unrestricted driver licence who incurs 13 or more demerit points 22
(or in the case of a professional driver 14 or more demerit points) within 23
the 3-year period ending on the day on which the person last committed 24
an offence for which demerit points have been recorded against the 25
person. 26
(2) However, the Authority may not give a person both a notice of licence 27
ineligibility and a notice of licence suspension under section 33 in 28
respect of the same 3-year period. 29
(3) The notice of licence ineligibility must specify the date on which the 30
ineligibility is to take effect (not being a date that is earlier than the date 31
on which the notice is given) and must contain any other matters 32
specified by the statutory rules. If the notice is delivered to the applicant 33
personally, the specified date is taken to be the date on which it is so 34
delivered unless the notice provides for a later date. 35
Page 34
Road Transport Bill 2013 Clause 36
Driver licensing Chapter 3
Demerit points system Part 3.2
(4) The period of licence ineligibility under subsection (1) is the period 1
applicable under the following table: 2
Licence ineligibility for demerit points 3
Column 1 Column 2
Number of demerit points Period of licence ineligibility
incurred within previous
3 years
13 (or 14 in the case of a professional 3 months
driver) to 15
16 to 19 4 months
20 or more 5 months
(5) If a person who has been served with a notice of licence ineligibility 4
does not make an election under section 36, the person is not entitled: 5
(a) to be issued with a driver licence for the ineligibility period 6
applicable under this section on and from the date specified in the 7
notice, and 8
(b) to apply for a driver licence for that period. 9
36 Driver may elect to be of good behaviour as alternative (cf DL Act, ss 16 (8) 10
and (9) and 16A (7) and (8)) 11
(1) A person who incurs at least 13 demerit points (or in the case of a 12
professional driver 14 demerit points) within the 3-year period ending 13
on the day on which the person last committed an offence for which 14
demerit points have been recorded against the person may: 15
(a) if the person has been served with a notice of licence 16
suspension--notify the Authority that the person elects, as an 17
alternative to undergoing the suspension, to be of good behaviour 18
for a period of 12 months on and from the day on which the 19
licence would otherwise be suspended, or 20
(b) if the person has been served with a notice of licence 21
ineligibility--notify the Authority that the person elects, as an 22
alternative to undergoing the ineligibility period, to be of good 23
behaviour for a period of 12 months from: 24
(i) where the ineligibility period has not commenced--the 25
day on which the licence ineligibility would otherwise 26
have had effect, or 27
(ii) where the ineligibility period has commenced--the day on 28
which the person makes the election. 29
Page 35
Clause 37 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.2 Demerit points system
(2) A notification of an election by a person under subsection (1) must be: 1
(a) in the form approved by the Authority, and 2
(b) if the person has been served with a notice of licence 3
suspension--made before the commencement of the period of 4
suspension, and 5
(c) if the person has been served with a notice of licence 6
ineligibility--made before or during the commencement of the 7
period of licence ineligibility. 8
(3) If a person makes an election under subsection (1) (b), the Authority is 9
authorised after the election is made or while the 12 months' good 10
behaviour period is in force to issue a driver licence to the person or 11
renew any driver licence held by the person. 12
(4) If a person who has made an election under this section incurs 2 or more 13
demerit points during the 12 months' good behaviour period, the 14
Authority must give the person one of the following notices: 15
(a) a notice suspending all driver licences held by the person, 16
commencing on a day specified in the notice (being a day that is 17
not earlier than 28 days after the notice is given), for twice the 18
period of suspension or licence ineligibility that would have 19
applied to the person if the person had not made the election, 20
(b) a notice specifying that the person is ineligible to hold a driver 21
licence, commencing on a day specified in the notice (being a day 22
that is not earlier than the day the notice is given), for twice the 23
period of suspension or licence ineligibility that would have 24
applied to the person if the person had not made the election. 25
(5) If the Authority gives a person a notice under subsection (4) (a), all 26
driver licences held by the person are suspended for the period specified 27
in the notice commencing on and from the date specified in the notice. 28
(6) If the Authority gives a person a notice under subsection (4) (b), the 29
person is not entitled: 30
(a) to be issued with a driver licence for the period specified in the 31
notice commencing on and from the date specified in the notice, 32
and 33
(b) to apply for a driver licence for that period. 34
37 Deletion of demerit points (cf DL Act, ss 16 (7) and (10)-(12) and 16A (6) and 35
(9)-(11)) 36
(1) All demerit points recorded in the NSW demerit points register against 37
a person at the date of a notice of licence suspension or notice of licence 38
ineligibility given to the person under this Division (and taken into 39
account for the purposes of the notice) are taken to be deleted: 40
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Road Transport Bill 2013 Clause 38
Driver licensing Chapter 3
Demerit points system Part 3.2
(a) if the person's driver licences have been suspended under this 1
Division--on the commencement of the period of suspension, or 2
(b) if the person has become ineligible under this Division to be 3
issued with, and to apply for, a driver licence--on the 4
commencement of the period of licence ineligibility, or 5
(c) if the person has elected to be of good behaviour as an alternative 6
to undergoing suspension or licence ineligibility--on the 7
commencement of the period of good behaviour. 8
(2) If the period of suspension specified in the notice of licence suspension 9
is determined in accordance with section 36 (4), a reference in 10
subsection (1) to the demerit points recorded in the NSW demerit points 11
register against the person concerned at the date of the notice is a 12
reference to the demerit points recorded at that date that have been taken 13
into account in the notice. 14
(3) Despite subsection (1), demerit points incurred by a person in any of the 15
following circumstances are not taken to be deleted under this section: 16
(a) demerit points incurred after the person is served with a notice of 17
licence suspension but before the suspension begins, 18
(b) demerit points incurred after the person is served with a notice of 19
licence ineligibility but before the licence ineligibility takes 20
effect, 21
(c) if the person has elected to be of good behaviour as an alternative 22
to undergoing suspension or licence ineligibility--demerit points 23
incurred after the person is served with the notice of licence 24
suspension or notice of licence ineligibility (as the case may be) 25
and before the 12 months' period of good behaviour begins. 26
(4) Demerit points that are taken not to be deleted in the circumstances 27
referred to in subsection (3) are to be taken into account for the purposes 28
of sections 33 (1) and 35 (1) from the end of the period of licence 29
suspension, period of licence ineligibility or period of good behaviour 30
(as the case may be). 31
(5) Nothing in this section prevents the Authority from retaining records of 32
deleted demerit points incurred by any person. 33
38 Suspension of licence--graffiti licence orders (cf DL Act, s 16AB) 34
(1) If a person who is subject to a graffiti licence order made under section 35
13C (1) (b) of the Graffiti Control Act 2008 incurs the same or more 36
than the threshold number of demerit points (within the meaning of 37
section 13E of that Act) applying to the person during the graffiti 38
licence order period under the order, the Authority must give the person 39
a notice suspending all driver licences held by the person, commencing 40
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Clause 39 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.2 Demerit points system
on a day specified in the notice, for a period that is equivalent to the 1
graffiti licence order period. 2
Note. At the commencement of this section, section 13E (2) of the Graffiti 3
Control Act 2008 required a graffiti licence order to specify the threshold number 4
of demerit points as 4 demerit points. 5
(2) On the commencement of the period of suspension referred to in 6
subsection (1), all demerit points recorded in the NSW demerit points 7
register against the person during the graffiti licence order period at the 8
date of the notice, and taken into account for the purpose of the notice, 9
are taken to be deleted. 10
(3) Nothing in subsection (2) affects any demerit points incurred by the 11
person before the beginning of the graffiti licence order period and any 12
such points are to be taken into account for the purposes of section 33 13
(1) or 35 (1) from the end of the suspension period. 14
(4) Nothing in subsection (2) prevents the Authority from retaining records 15
of deleted demerit points incurred by any person. 16
Division 3 Consequences for learner or provisional licence 17
holders who incur demerit points 18
39 Consequences generally (cf DL Act, s 17A) 19
If the holder of a learner licence or a provisional licence incurs the 20
threshold number of demerit points within the 3-year period ending on 21
the day on which the person last committed an offence for which 22
demerit points have been recorded against the person, the Authority 23
may: 24
(a) issue a notice of suspension or cancellation of licence under 25
section 40, or 26
(b) if the person subsequently applies for a driver licence: 27
(i) refuse the application and issue a notice of licence 28
ineligibility under section 41, or 29
(ii) where the driver licence applied for is a learner or 30
provisional licence--grant the licence and issue a notice of 31
suspension or cancellation of licence under section 40. 32
Note. The expression threshold number of demerit points for the holder of a 33
learner licence or the holder of a provisional licence is defined in section 4 (1). 34
40 Suspension or cancellation of licence (cf DL Act, s 17B) 35
(1) The Authority may give a notice of licence suspension or cancellation 36
to the holder of a learner licence or a provisional licence who incurs the 37
threshold number of demerit points within the 3-year period ending on 38
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Road Transport Bill 2013 Clause 41
Driver licensing Chapter 3
Demerit points system Part 3.2
the day on which the person last committed an offence for which 1
demerit points have been recorded against the person. 2
(2) A notice of licence suspension must specify the date on which the 3
suspension is to take effect and any driver licence to which the notice 4
applies, and must contain any other matters specified by the statutory 5
rules. The date specified must not be earlier than 28 days after the notice 6
is given. 7
(3) If a person is served with a notice of licence suspension under this 8
section, all driver licences held by the person in relation to which the 9
threshold number of demerit points is the same or lower than the 10
number of demerit points taken into account for the purposes of the 11
notice, are suspended on and from the date, and for the period, specified 12
in the notice. 13
(4) On the commencement of a period of suspension, all demerit points 14
recorded in the NSW demerit points register against the person at the 15
date of the notice, and taken into account for the purpose of the notice, 16
are taken to be deleted. 17
(5) Nothing in subsection (4) prevents the Authority from retaining records 18
of deleted demerit points incurred by any person. 19
(6) The statutory rules may make provision for or with respect to the 20
following matters: 21
(a) notices of cancellation to holders of learner licences or 22
provisional licences who incur the threshold number of demerit 23
points, 24
(b) the circumstances in which the Authority may issue a notice of 25
cancellation to holders of learner licences or provisional licences 26
who incur the threshold number of demerit points, 27
(c) prescribing the driver licences held by a person that may be 28
cancelled as a consequence of incurring demerit points the 29
subject of a notice of cancellation served on the person, 30
(d) the deletion of demerit points recorded in the NSW demerit 31
points register against a person on cancellation of the person's 32
licence. 33
41 Licence ineligibility (cf DL Act, s 17C) 34
(1) The Authority may give a notice of licence ineligibility to the applicant 35
for a learner licence or provisional licence who incurs the threshold 36
number of demerit points within the 3-year period ending on the day on 37
which the person last committed an offence for which demerit points 38
have been recorded against the person. 39
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Clause 42 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.2 Demerit points system
(2) However, the Authority may not give a person both a notice of licence 1
ineligibility and a notice of licence suspension or cancellation under 2
section 40 in respect of the same 3-year period. 3
(3) The notice of licence ineligibility must specify the date on which the 4
ineligibility is to take effect (not being a date that is earlier than the date 5
on which the notice is given), the period of ineligibility and any licence 6
to which the notice applies, and must contain any other matters 7
specified by the statutory rules. If the notice is delivered to the applicant 8
personally, the specified date is taken to be the date on which it is so 9
delivered unless the notice provides for a later date. 10
(4) Except as provided by subsection (5), a person who has been served 11
with a notice of licence ineligibility under this section is not entitled to 12
apply for or be issued with any driver licence on and from the date, and 13
for the period, specified in the notice. 14
(5) Subsection (4) does not prevent a person served with a notice of licence 15
ineligibility under this section who holds a driver licence of a licence 16
class different from that the subject of the application in relation to 17
which the notice is given, from applying for or being issued with: 18
(a) a renewal of that licence, or 19
(b) a higher grade or class of that licence. 20
(6) On the commencement of an ineligibility period, all demerit points 21
recorded in the NSW demerit points register against the person at the 22
date of the notice, and taken into account for the purpose of the notice, 23
are taken to be deleted. 24
(7) Nothing in subsection (6) prevents the Authority from retaining records 25
of deleted demerit points incurred by any person. 26
(8) In this section, a reference to a grade of driver licence is a reference to 27
a learner licence, a provisional P1 licence, a provisional P2 licence or 28
an unrestricted licence (ordered from lowest to highest). 29
Division 4 General matters relating to demerit points 30
42 Determining demerit thresholds where combined licences are held (cf 31
DL Act, s 17D) 32
(1) If a person holds 2 classes of driver licence and a different threshold 33
number of demerit points applies to each of those licences: 34
(a) demerit points incurred on the licence to which the higher 35
threshold applies may be counted only towards the threshold 36
applying to that licence, and 37
(b) demerit points incurred on the licence to which the lower 38
threshold applies may be counted towards either threshold. 39
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Road Transport Bill 2013 Clause 43
Driver licensing Chapter 3
Interlock devices Part 3.3
(2) If a person holds 2 classes of driver licence and the same threshold 1
number of demerit points applies to both of those licences, demerit 2
points incurred on either licence may be counted towards the threshold. 3
(3) If a person makes an election in accordance with section 36 and holds 4
2 classes of driver licence, demerit points incurred on either licence may 5
be counted towards the threshold number of demerit points referred to 6
in section 36 (4). 7
(4) For the purposes of subsections (1) and (2), the threshold number of 8
demerit points applying to a licence is: 9
(a) for an unrestricted licence--the threshold of 13 or more demerit 10
points (or in the case of a professional driver 14 or more demerit 11
points) applying to the holder of an unrestricted licence under 12
Division 2, and 13
(b) for a learner, provisional P1 or provisional P2 licence--the 14
threshold number of demerit points applying to the holders of 15
those licences as defined in section 4 (1). 16
43 Demerit points penalties (cf DL Act, s 18) 17
(1) A period of licence suspension under Division 2 or 3 is in addition to 18
any period of licence suspension imposed under another law of this 19
jurisdiction. 20
(2) Demerit points recorded in the NSW demerit points register against a 21
person are not affected by a period of licence suspension or 22
disqualification imposed by a court in Australia, or under another law in 23
force in this jurisdiction. 24
(3) Nothing in this section prevents the statutory rules from requiring the 25
Authority to take into account any prior period of suspension ended by 26
a disqualification when determining whether to issue a new driver 27
licence to a person who has completed any such period of 28
disqualification. 29
(4) The Authority may decide to suspend or cancel a driver licence under 30
this Part without the holder of the licence having been provided an 31
opportunity to show cause why the licence should not be suspended or 32
cancelled. 33
Part 3.3 Interlock devices 34
44 Definitions (cf DL Act, s 21) 35
In this Part: 36
approved interlock device--see section 45. 37
approved interlock installer--see section 46 (1). 38
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Clause 45 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.3 Interlock devices
approved interlock service provider--see section 46 (2). 1
interlock device means a device designed to: 2
(a) analyse a breath sample for the presence of alcohol, and 3
(b) prevent a motor vehicle from being started if it detects more than 4
a certain concentration of alcohol. 5
interlock driver licence--see section 47 (2) (a). 6
maintenance, in relation to an interlock device, includes (but is not 7
limited to) the following: 8
(a) the retrieval of any information that is stored electronically by or 9
with the device, 10
(b) any work that improves or augments the functionality of the 11
device. 12
45 Meaning of "approved interlock device" (cf DL Act, s 21A) 13
In this Part, an approved interlock device is an interlock device of a type 14
approved by the Authority by order published in the Gazette. 15
Note. The Authority may amend, rescind, revoke or repeal an order made under 16
this section. See section 43 of the Interpretation Act 1987 and the definition of 17
repeal in section 21 of that Act. 18
46 Meaning of "approved interlock installer" and "approved interlock 19
service provider" (cf DL Act, s 21B) 20
(1) In this Part, an approved interlock installer means a person approved in 21
writing by the Authority as a person who may install and remove 22
approved interlock devices in motor vehicles for the purposes of this 23
Part. 24
(2) In this Part, an approved interlock service provider means a person 25
approved in writing by the Authority as a person who may carry out 26
maintenance to ensure the proper operation of approved interlock 27
devices, or conduct inspections of such devices, for the purposes of this 28
Part. 29
(3) A person may be both an approved interlock installer and approved 30
interlock service provider for the purposes of this Part. 31
(4) The Authority may revoke any approval given to a person under this 32
section by written notice given to the person. 33
(5) The Authority is not liable in civil proceedings (whether for negligence 34
or otherwise) for anything done or omitted to be done by an approved 35
interlock installer or approved interlock service provider in exercising 36
(or purportedly exercising) any function under this Act or the statutory 37
rules. In particular, the Authority is not vicariously liable for any such 38
act or omission. 39
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Road Transport Bill 2013 Clause 47
Driver licensing Chapter 3
Interlock devices Part 3.3
47 Statutory rules concerning installation, maintenance and use of 1
interlock devices (cf DL Act, s 21C) 2
(1) Without limiting Chapter 2, the statutory rules may make provision for 3
or with respect to the installation, removal and maintenance of interlock 4
devices on motor vehicles and the use of such devices (whether or not 5
for the purposes of a disqualification suspension order within the 6
meaning of section 208). 7
(2) Without limiting subsection (1), the statutory rules may: 8
(a) provide for the issue of conditional licences (interlock driver 9
licences) that restrict the holders of such licences to driving 10
motor vehicles fitted with approved interlock devices by 11
approved interlock installers, and 12
(b) require (or authorise the Authority to require) applicants for 13
interlock driver licences to submit to medical consultations 14
before such applicants can be issued with such licences or at any 15
time during which such licences are in force, and 16
(c) prescribe additional conditions (or authorise the Authority to 17
impose conditions) that holders of interlock driver licences must 18
observe, including (but not limited to) the following: 19
(i) conditions relating to the maximum concentration of 20
alcohol that may be present in the breath or blood of 21
holders of such licences when they drive motor vehicles, 22
(ii) conditions relating to the installation, maintenance and 23
removal of interlock devices (including the payment of 24
costs relating to such installation, maintenance or 25
removal), 26
(iii) conditions relating to the inspection of interlock devices 27
(or motor vehicles fitted with such devices) and the 28
provision of information relating to such inspections to the 29
Authority, 30
(iv) conditions relating to the provision of any data or other 31
information collected by an interlock device (including the 32
payment of any costs relating to the provision of such data 33
or other information), 34
(v) any other conditions relating to the use of interlock 35
devices, and 36
(d) provide for certain motor vehicles (or classes of motor vehicles) 37
not to be driven by holders of interlock driver licences, and 38
(e) provide for the Authority to inspect motor vehicles fitted with 39
interlock devices (or require such motor vehicles to be inspected 40
by other persons), and 41
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Clause 48 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.3 Interlock devices
(f) specify procedures (or authorise the Authority to specify 1
procedures) for approved interlock installers and approved 2
interlock service providers to observe when installing, removing, 3
inspecting or carrying out maintenance on approved interlock 4
devices, and 5
(g) provide for applications by persons to be approved by the 6
Authority as approved interlock installers or approved interlock 7
service providers and for fees payable in respect of such 8
applications, and 9
(h) authorise a police officer: 10
(i) to stop and inspect motor vehicles that the officer 11
reasonably suspects may be fitted with an interlock device, 12
and 13
(ii) to seize any such motor vehicles or devices where the 14
device is fitted to a motor vehicle driven by the holder of 15
an interlock driver licence and the officer reasonably 16
suspects that the device has been used in contravention of 17
this Act or the statutory rules, and 18
(i) provide for offences relating to the following: 19
(i) the use of approved interlock devices, or the use of devices 20
that are not approved interlock devices, by holders of 21
interlock driver licences, 22
(ii) tampering or other interference with approved interlock 23
devices fitted to motor vehicles driven (or to be driven) by 24
holders of interlock driver licences, or with breath samples 25
provided for such devices, 26
(iii) the installation, maintenance or removal of interlock 27
devices that are used (or may be used) by holders of 28
interlock driver licences, 29
(iv) the provision of data or information concerning interlock 30
devices that are used (or may be used) by holders of 31
interlock driver licences, 32
(v) any other acts or omissions that may assist the holder of an 33
interlock driver licence in contravening any conditions of 34
the licence or committing an offence against this Act or the 35
statutory rules. 36
48 Financial assistance for use of approved interlock devices (cf DL Act, 37
s 21D) 38
(1) The Authority must establish a scheme under which persons seeking to 39
gain the use of, or who are using, approved interlock devices may obtain 40
financial assistance for the installation, removal or maintenance of such 41
devices. 42
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Road Transport Bill 2013 Clause 49
Driver licensing Chapter 3
Offences concerning driver licensing Part 3.4
(2) The Authority may approve the provision of financial assistance under 1
this section subject to any means tests and conditions as may be 2
determined by the Authority from time to time. 3
(3) If it is a condition of the provision of any financial assistance provided 4
under this section that all or part of it be repaid in specified 5
circumstances, the amount of financial assistance that becomes 6
repayable on the occurrence of those circumstances is a debt due to the 7
Crown recoverable in a court of competent jurisdiction. 8
(4) For the purposes of subsection (3), a certificate issued by the Authority 9
that certifies that it was a condition of the provision of financial 10
assistance that all or part of it be repaid in specified circumstances is 11
prima facie evidence that the assistance was provided on that condition. 12
(5) Payments of financial assistance are to be paid from the Roads and 13
Maritime Services Fund established by section 77 of the Transport 14
Administration Act 1988. 15
Part 3.4 Offences concerning driver licensing 16
Division 1 Unlawfully obtaining or using licences 17
49 Obtaining driver licence by false statements (cf DL Act, s 22) 18
(1) A person must not: 19
(a) by a false statement or any misrepresentation or other dishonest 20
means, obtain or attempt to obtain a driver licence or the renewal 21
of a driver licence, or 22
(b) without lawful authority or excuse, possess a driver licence 23
obtained or renewed using those means. 24
Maximum penalty: 20 penalty units. 25
(2) A driver licence so obtained or renewed is void, and the Authority may 26
alter the NSW driver licence register accordingly. 27
(3) Subsection (1) does not apply to a driver licence receipt issued by 28
another jurisdiction. 29
50 Unlawful possession of driver licence (cf DL Act, s 23 (1)) 30
A person must not, without lawful authority or excuse, have in the 31
person's possession: 32
(a) an Australian driver licence, or 33
(b) any article resembling an Australian driver licence and calculated 34
to deceive. 35
Maximum penalty: 20 penalty units. 36
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Clause 51 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.4 Offences concerning driver licensing
51 Unlawful alteration or use of licence (cf DL Act, s 23 (2)-(4)) 1
(1) A person must not alter a driver licence in a way that is calculated to 2
deceive. 3
Maximum penalty: 20 penalty units. 4
(2) A person must not produce a driver licence that has been altered in a 5
manner that is calculated to deceive. 6
Maximum penalty: 20 penalty units. 7
(3) A person must not: 8
(a) forge a driver licence, or 9
(b) fraudulently alter or use a driver licence, or 10
(c) fraudulently lend, or allow another person to use, a driver licence. 11
Maximum penalty: 20 penalty units. 12
52 Seizure of driver licences (cf DL Act, s 24) 13
(1) A police officer, or a person authorised in writing by the Authority (an 14
authorised person), may, with no authority other than this section, seize 15
an Australian driver licence or any article resembling an Australian 16
driver licence if: 17
(a) the licence or article is produced to the police officer or 18
authorised person by another person who represents it to be the 19
person's driver licence, and 20
(b) the police officer or authorised person reasonably suspects that 21
the licence or article: 22
(i) has been obtained in contravention of section 49 or a 23
former corresponding provision, or 24
(ii) is unlawfully in the possession of the person who produced 25
it. 26
(2) A person who produces any licence or article as referred to in 27
subsection (1) (a) must, at the request of the police officer or authorised 28
person to whom it was produced (and on being supplied with adequate 29
materials), provide a specimen of the person's signature. 30
Maximum penalty: 20 penalty units. 31
(3) The grounds on which a reasonable suspicion, sufficient to authorise a 32
seizure under this section, may be formed include (but are not limited 33
to) any one or more of the following: 34
(a) a lack of resemblance between the person depicted in a 35
photograph affixed to the Australian driver licence or article, 36
purporting to be a photograph of the holder, and the person who 37
produced the Australian driver licence or article, 38
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Road Transport Bill 2013 Clause 53
Driver licensing Chapter 3
Offences concerning driver licensing Part 3.4
(b) a lack of resemblance between a signature inscribed on the 1
Australian driver licence or article, purporting to be the signature 2
of the holder, and a specimen signature provided by the person 3
who produced the Australian driver licence or article, 4
(c) a refusal by the person, after producing the Australian driver 5
licence or article, to comply with a request under subsection (2). 6
(4) An Australian driver licence or article seized under this section must be 7
forwarded to the Authority. The Authority may: 8
(a) return the Australian driver licence to the person who produced 9
it, if it is satisfied that the driver licence was lawfully in the 10
possession of the person who produced it, or 11
(b) in any other case, deal with it in such manner as it thinks fit. 12
(5) The holder of a genuine and valid Australian driver licence seized under 13
this section does not commit any offence merely because the holder is 14
not in possession of the licence at any time after the seizure and before 15
the licence is returned. 16
Division 2 Driving without appropriate licence 17
53 Driver must be licensed (cf DL Act, s 25 (1)-(4) and (6)-(8)) 18
(1) A person must not, unless exempted by the statutory rules: 19
(a) drive a motor vehicle on any road without being licensed for that 20
purpose, or 21
(b) employ or permit any person not so licensed to drive a motor 22
vehicle on any road. 23
Maximum penalty: 20 penalty units. 24
(2) Subsection (1) does not apply to or in respect of a light rail vehicle. 25
(3) A person who has never been licensed must not, unless exempted by the 26
statutory rules, drive a motor vehicle on any road without being licensed 27
for that purpose. 28
Maximum penalty: 20 penalty units (in the case of a first offence) or 29
30 penalty units or imprisonment for a period of 18 months or both (in 30
the case of a second or subsequent offence). 31
(4) If a person is convicted of an offence against subsection (3) (being a 32
second or subsequent offence), the person is disqualified by the 33
conviction (and without any specific order) for a period of 3 years from 34
holding a driver licence. The disqualification is in addition to any 35
penalty imposed for the offence. 36
Note. Section 207 provides for the effect of a disqualification (whether or not by 37
order of a court). 38
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Clause 54 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.4 Offences concerning driver licensing
(5) For the purposes of subsection (3), a person has never been licensed in 1
connection with an offence if the person has not held a driver licence (or 2
equivalent) of any kind in Australia for the period of at least 5 years 3
immediately before the commission of the offence. 4
(6) A person who has never been licensed cannot be convicted under both 5
this section and section 54 in respect of driving on the same occasion. 6
However, nothing in this section prevents the person from being 7
convicted of an offence against section 54 in respect of driving that 8
constitutes an offence against this section. 9
(7) A person cannot be convicted under both subsections (1) (a) and (3) in 10
respect of driving on the same occasion. A person charged with an 11
offence against subsection (3) can be convicted instead of an offence 12
against subsection (1) (a), but a person charged with an offence against 13
subsection (1) (a) cannot be convicted instead of an offence against 14
subsection (3). 15
54 Offences by disqualified drivers or drivers whose licences are 16
suspended or cancelled (cf DL Act, s 25A (1)-(10)) 17
(1) Driving or making licence application while disqualified 18
A person who is disqualified from holding or obtaining a driver licence 19
must not: 20
(a) drive a motor vehicle on a road during the period of 21
disqualification, or 22
(b) make an application for a driver licence during the period of 23
disqualification and in respect of the application: 24
(i) state the person's name falsely or incorrectly, or 25
(ii) omit to mention the disqualification. 26
Maximum penalty: 30 penalty units or imprisonment for 18 months or 27
both (in the case of a first offence) or 50 penalty units or imprisonment 28
for 2 years or both (in the case of a second or subsequent offence). 29
(2) Subsection (1) does not apply to a driver of a motor vehicle in relation 30
to a period of disqualification the commencement and completion dates 31
of which have been altered by operation of section 206 unless the 32
Authority has given written notice of the altered dates to the driver 33
before the driver is alleged to have driven the vehicle. 34
Note. Section 276 (and statutory rules made for the purposes of that section) 35
provide for the service and giving of documents to persons under the road 36
transport legislation, which includes this Act. 37
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Road Transport Bill 2013 Clause 54
Driver licensing Chapter 3
Offences concerning driver licensing Part 3.4
(3) Driving or making licence application while licence suspended (other 1
than for non-payment of fine) 2
A person whose driver licence is suspended (otherwise than under 3
section 66 of the Fines Act 1996) must not: 4
(a) drive on a road a motor vehicle of the class to which the 5
suspended driver licence relates, or 6
(b) make an application for a driver licence during the period of 7
suspension for a motor vehicle of the class to which the 8
suspended driver licence relates and in respect of such an 9
application: 10
(i) state the person's name falsely or incorrectly, or 11
(ii) omit to mention the suspension. 12
Maximum penalty: 30 penalty units or imprisonment for 18 months or 13
both (in the case of a first offence) or 50 penalty units or imprisonment 14
for 2 years or both (in the case of a second or subsequent offence). 15
(4) Driving or making licence application after licence refusal or 16
cancellation (other than for non-payment of fine) 17
A person whose application for a driver licence is refused or whose 18
driver licence is cancelled (otherwise than under section 66 of the Fines 19
Act 1996) must not: 20
(a) drive on a road a motor vehicle of the class to which the cancelled 21
licence or the refused application related without having 22
subsequently obtained a driver licence for a motor vehicle of that 23
class, or 24
(b) make an application for a driver licence for a motor vehicle of the 25
class to which the cancelled licence or the refused application 26
related and in respect of the application: 27
(i) state the person's name falsely or incorrectly, or 28
(ii) omit to mention the cancellation or refusal. 29
Maximum penalty: 30 penalty units or imprisonment for 18 months or 30
both (in the case of a first offence) or 50 penalty units or imprisonment 31
for 2 years or both (in the case of a second or subsequent offence). 32
(5) Driving or making licence application after licence cancelled or 33
suspended for non-payment of fine 34
A person whose driver licence is suspended or cancelled under 35
section 66 of the Fines Act 1996 must not: 36
(a) in the case of a suspended driver licence: 37
(i) drive on a road a motor vehicle of the class to which the 38
suspended licence relates, or 39
Page 49
Clause 54 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.4 Offences concerning driver licensing
(ii) make an application for a driver licence during the period 1
of suspension for a motor vehicle of the class to which the 2
suspended driver licence relates and in respect of such an 3
application state the person's name falsely or incorrectly or 4
omit to mention the suspension, or 5
(b) in the case of a cancelled driver licence: 6
(i) drive on a road a motor vehicle of the class to which the 7
cancelled licence related without having subsequently 8
obtained a driver licence for a motor vehicle of that class, 9
or 10
(ii) make an application for a driver licence for a motor vehicle 11
of the class to which the cancelled licence related and in 12
respect of the application state the person's name falsely or 13
incorrectly or omit to mention the cancellation. 14
Maximum penalty: 30 penalty units or imprisonment for 18 months or 15
both (in the case of a first offence) or 50 penalty units or imprisonment 16
for 2 years or both (in the case of a second or subsequent offence). 17
(6) In determining any penalty or period of disqualification to be imposed 18
on a person for an offence against subsection (5), a court must take into 19
account the effect the penalty or period of disqualification will have on 20
the person's employment and the person's ability to pay the outstanding 21
fine that caused the person's driver licence to be suspended or 22
cancelled. 23
(7) No need to state previous licence cancellation or refusal in certain 24
cases 25
For the purposes of subsection (4) (b) or (5) (b) (ii), a person who 26
applies for a driver licence for a class of motor vehicle need not mention 27
a previous cancellation of a driver licence (or refusal of an application 28
for a driver licence) for that class of motor vehicle if the person has 29
obtained a driver licence after any such cancellation or refusal by means 30
of an application that stated the person's name correctly and mentioned 31
the cancellation or refusal. 32
(8) Automatic disqualifications apply for certain offences 33
If a person is convicted by a court of an offence against subsection (1), 34
(3), (4) (a) or (5), the person: 35
(a) is disqualified by the conviction (and without any specific order) 36
for the relevant disqualification period from the date of expiration 37
of the existing disqualification or suspension or from the date of 38
such conviction, whichever is the later, from holding a driver 39
licence, and 40
Page 50
Road Transport Bill 2013 Clause 55
Driver licensing Chapter 3
Protection of stored photographs Part 3.5
(b) may also be disqualified, for such additional period as the court 1
may order, from holding a driver licence. 2
Note. Section 207 provides for the effect of a disqualification (whether or not by 3
order of a court). 4
(9) For the purposes of subsection (8), the relevant disqualification period 5
is: 6
(a) in the case of a first offence against subsection (1), (3) or (4) (a)-- 7
12 months, or 8
(b) in the case of a first offence against subsection (5)--3 months, or 9
(c) in the case of a second or subsequent offence--2 years. 10
(10) The disqualification referred to in subsection (8) is in addition to any 11
penalty imposed for the offence. 12
(11) Offences extend to disqualifications, suspensions and cancellations 13
by court order or under law 14
Subsections (1), (3) and (4) apply to a person who is disqualified from 15
holding a licence, or whose licence is suspended or cancelled, by a court 16
in Australia or under any law in this jurisdiction or another jurisdiction. 17
(12) Statutory rules may exclude driving of certain motor vehicles 18
Subsections (1), (4) (a) and (5) (b) (i) do not apply to the driving of a 19
motor vehicle in circumstances prescribed by the statutory rules. 20
Part 3.5 Protection of stored photographs 21
55 Photographs to which this Part applies (cf DL Act, s 39) 22
This Part applies to: 23
(a) photographs taken or provided in relation to applications for the 24
issue or renewal by the Authority of a driver licence, and 25
(b) photographs taken or provided for the purpose of applications for 26
the issue or renewal by the Authority of a "proof of age" card, and 27
(c) photographs in the possession of the Authority that were taken or 28
provided for the purpose of applications for the issue or renewal 29
by the Commissioner of Police of the following: 30
(i) a licence or permit under the Firearms Act 1996, 31
(ii) a licence under the Security Industry Act 1997, 32
(iii) a permit under the Weapons Prohibition Act 1998, and 33
(d) photographs in the possession of the Authority that were taken or 34
provided for the purpose of applications for the issue or renewal 35
of an operator licence under the Commercial Agents and Private 36
Inquiry Agents Act 2004, and 37
Page 51
Clause 56 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.5 Protection of stored photographs
(e) photographs in the possession of the Authority that were taken or 1
provided for the purposes of applications for the issue of a licence 2
under the Tattoo Parlours Act 2012. 3
56 Purposes for which photographs may be kept and used (cf DL Act, s 40) 4
(1) A photograph to which this Part applies may be kept and used by the 5
Authority only for one or more of the following purposes: 6
(a) to reproduce the likeness of a person on a driver licence or on the 7
following: 8
(i) a licence or permit under the Firearms Act 1996, 9
(ii) a licence under the Security Industry Act 1997, 10
(iii) a permit under the Weapons Prohibition Act 1998, 11
(iv) an operator licence under the Commercial Agents and 12
Private Inquiry Agents Act 2004, 13
(v) an authority under the Passenger Transport Act 1990, 14
(vi) a licence under the Tattoo Parlours Act 2012, 15
(b) to assist in determining the identity of any person in the course of 16
determining whether or not to issue, replace or renew a driver 17
licence, 18
(c) to assist in determining the identity of any person in the course of 19
determining whether or not to register, or renew the registration 20
of, a vehicle under this Act, 21
(d) in connection with the exercise of functions conferred or imposed 22
on the Authority by or under the photo-access arrangements 23
under Part 4A of the Licensing and Registration (Uniform 24
Procedures) Act 2002, 25
(e) in connection with an investigation relating to or leading to 26
criminal proceedings against a person under a provision of this 27
Chapter, 28
(f) in connection with an investigation relating to or leading to 29
criminal proceedings against a person under section 69 (for 30
obtaining registration or unregistered vehicle permits by a false 31
statement or any misrepresentation or other dishonest means), 32
(g) for the conduct of criminal proceedings against a person under a 33
provision of this Chapter or section 69, 34
(h) any purpose for which a photograph to which Part 4 (Security 35
arrangements for photographs) of the Photo Card Act 2005 36
applies may be kept and used by the Authority under that Part, 37
(i) any purpose for which a photograph to which Division 3 38
(Security and protection of photographs) of Part 4A of the 39
Licensing and Registration (Uniform Procedures) Act 2002 40
Page 52
Road Transport Bill 2013 Clause 57
Driver licensing Chapter 3
Protection of stored photographs Part 3.5
applies may be kept and used by the Authority under that 1
Division, 2
(j) for any other purpose prescribed by the statutory rules. 3
(2) A photograph may be used for a purpose set out in this section at the 4
time that the photograph is provided or taken or at any later time. 5
57 Release of photographs prohibited (cf DL Act, s 41) 6
(1) The Authority must ensure that a photograph to which this Part applies, 7
and any photographic image or other matter contained in any database 8
of such photographs, is not released except: 9
(a) to the NSW Police Force, or 10
(b) to Transport for NSW for the purpose of enabling Transport for 11
NSW to exercise its functions under the Passenger Transport Act 12
1990, or 13
(c) to a driver licensing authority of another jurisdiction, or 14
(d) for the purpose of the conduct of any criminal proceedings: 15
(i) under this Act or under any provision of any other road 16
transport legislation, or 17
(ii) in relation to an operator licence under the Commercial 18
Agents and Private Inquiry Agents Act 2004, or 19
(iii) in relation to a licence or permit under the Firearms Act 20
1996, a licence under the Security Industry Act 1997 or a 21
permit under the Weapons Prohibition Act 1998, or 22
(iv) in relation to a licence under the Tattoo Parlours Act 2012, 23
or 24
(e) to the Sheriff, for the purpose of any fine recovery proceedings, 25
or 26
(f) in the exercise of any function conferred or imposed on the 27
Authority by or under the photo-access arrangements under 28
Part 4A of the Licensing and Registration (Uniform Procedures) 29
Act 2002, or 30
(g) as provided under any other law, or 31
(h) to the person whose likeness is shown in the photograph or on the 32
database, or 33
(i) as authorised or required under Part 4 (Security arrangements for 34
photographs) of the Photo Card Act 2005 in respect of the release 35
of photographs to which that Part applies, or 36
Page 53
Clause 58 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.6 Other provisions relating to driver licensing
(j) as authorised or required under Division 3 (Security and 1
protection of photographs) of Part 4A of the Licensing and 2
Registration (Uniform Procedures) Act 2002 in respect of the 3
release of photographs to which that Division applies, or 4
(k) in accordance with the statutory rules. 5
(2) Any release authorised by subsection (1) (a)-(e), or authorised by 6
statutory rules made for the purposes of subsection (1) (k), must be in 7
accordance with any protocol approved by the Privacy Commissioner. 8
(3) Despite this section, photographs to which this Part applies, and any 9
photographic image or other matter contained in any database of such 10
photographs, must be provided to the Commissioner of Police on 11
request if the request relates to the administration of the Security 12
Industry Act 1997. 13
Part 3.6 Other provisions relating to driver licensing 14
58 Additional matters relating to identity (cf DL Act, s 32) 15
(1) The Authority may refuse to issue or renew a driver licence: 16
(a) if the applicant has not attended at a motor registry or another 17
place nominated in or under the statutory rules and there 18
submitted to the taking, by a person approved by the Authority, 19
of a photograph of the applicant that is suitable for use on the 20
driver licence, or 21
(b) if it is, in the opinion of the Authority, impracticable for the 22
applicant to so attend and the applicant has not provided the 23
Authority with a photograph of the applicant considered by the 24
Authority as suitable for use on the driver licence, or 25
(c) if the applicant has not provided, in support of the application, 26
such evidence as is required by the statutory rules or the 27
Authority to establish the identity and home address of the 28
applicant. 29
(2) A person employed or engaged in connection with any aspect of the 30
production of driver licences that feature a photograph of the holder, or 31
otherwise concerned in the administration of this Act or the statutory 32
rules, must not, otherwise than in the administration of this Act or the 33
statutory rules: 34
(a) reproduce, by photographic or other means, the likeness of a 35
person that is depicted, or is to be depicted, on a licence, or 36
(b) cause or permit another person to do so. 37
Maximum penalty (subsection (2)): 20 penalty units. 38
Page 54
Road Transport Bill 2013 Clause 59
Driver licensing Chapter 3
Other provisions relating to driver licensing Part 3.6
59 Cancellation or suspension of driver licence for certain speeding 1
offences (cf DL Act, s 33) 2
(1) A driver licence may be cancelled or suspended by the Authority 3
because of an alleged speeding offence, if, in respect of the alleged 4
offence: 5
(a) the holder pays the whole or any part of the penalty specified in 6
a penalty notice issued to the holder in respect of the offence, or 7
(b) the holder has not paid the penalty specified in the penalty notice 8
issued to the holder in respect of the offence and has not elected 9
to have the matter dealt with by a court, and the time for the 10
holder to have the matter so dealt with has lapsed. 11
(2) The Authority may decide to cancel or suspend a driver licence under 12
this section without the holder having been provided an opportunity to 13
show cause why the licence should not be cancelled or suspended. 14
(3) If a person's driver licence is cancelled by the Authority under this 15
section, the Authority may refuse to issue the person with any further 16
licence for a period determined by the Authority and specified in a 17
notice served on the person by the Authority. 18
(4) If a person's driver licence is suspended by the Authority under this 19
section, the person's licence is suspended for such period as may be 20
determined by the Authority and specified in a notice served on the 21
person by the Authority. 22
(5) Nothing in this section limits any discretion of the Authority to decline 23
to issue a driver licence to a person. 24
(6) In this section: 25
speeding offence means an offence that involves exceeding a speed 26
limit fixed by or under this Act and that is prescribed by the statutory 27
rules for the purposes of this section. 28
60 Effect of expiry of driver licence during a suspension period (cf DL Act, 29
s 33A) 30
If the driver licence of a person expires during a period of suspension 31
for the licence imposed under this Act: 32
(a) the person cannot apply to the Authority for another driver 33
licence during the unexpired portion of the suspension period, 34
and 35
(b) the person's driver licence is taken to be suspended during the 36
unexpired portion of the suspension period for the purposes of 37
any offence provision under this Act or any other law in relation 38
to driving a vehicle while a person's driver licence is suspended. 39
Page 55
Clause 61 Road Transport Bill 2013
Chapter 3 Driver licensing
Part 3.6 Other provisions relating to driver licensing
61 Evidence that person is professional driver (cf DL Act, s 18A) 1
(1) The Authority may, for the purpose of determining whether a person is 2
a professional driver, request the person to provide the Authority with 3
information (including in the form of a statutory declaration) as to the 4
primary work of the person. 5
(2) The Authority is entitled to treat a person who has been requested to 6
provide that information as not being a professional driver unless any 7
such requested information is provided to the Authority in accordance 8
with the request. 9
(3) A request for information under this section may be made in connection 10
with an application by the person for the issue or renewal of a driver 11
licence or by written notice to the person. 12
Page 56
Road Transport Bill 2013 Clause 62
Vehicle registration Chapter 4
Registration system for vehicles Part 4.1
Chapter 4 Vehicle registration 1
Part 4.1 Registration system for vehicles 2
Division 1 Functions and powers of Authority 3
62 Functions of Authority (cf VR Act, s 7 (1)) 4
The Authority has the following functions under this Chapter: 5
(a) to administer the registration system for registrable vehicles 6
established by the statutory rules, 7
(b) to maintain a NSW registrable vehicles register in accordance 8
with this Chapter, 9
(c) to collect registration and permit charges determined or imposed 10
under Schedule 2 or this Chapter and taxes determined under the 11
Motor Vehicles Taxation Act 1988, 12
(d) to provide information about registrable vehicles and registered 13
operators in accordance with the statutory rules, 14
(e) to administer the system for regulating vehicle standards and 15
inspections established by the statutory rules. 16
63 Powers of Authority (cf VR Act, s 8) 17
For the purpose of carrying out its functions under this Chapter, the 18
Authority may, in accordance with the statutory rules: 19
(a) register or refuse to register a registrable vehicle, and 20
(b) renew or refuse to renew the registration of a registrable vehicle, 21
and 22
(c) transfer or refuse to transfer the registration of a registrable 23
vehicle from one person to another, and 24
(d) issue a permit or refuse to issue a permit for the use of an 25
unregistered registrable vehicle, and 26
(e) impose conditions on the registration of a registrable vehicle or 27
on a permit to use an unregistered registrable vehicle, and 28
(f) cancel or suspend the registration of a registrable vehicle, and 29
(g) collect registration and permit charges determined or imposed 30
under Schedule 2 or this Chapter and taxes imposed by the Motor 31
Vehicles Taxation Act 1988, and 32
(h) specify a GCM for a motor vehicle in the circumstances 33
envisaged in paragraph (b) of the definition of GCM in 34
section 4 (1), and 35
Page 57
Clause 64 Road Transport Bill 2013
Chapter 4 Vehicle registration
Part 4.1 Registration system for vehicles
(i) specify a GVM for a motor vehicle or trailer in the circumstances 1
envisaged in paragraph (b) of the definition of GVM in 2
section 4 (1), and 3
(j) require proof of compliance with any applicable provisions of the 4
Motor Accidents Compensation Act 1999 and the Duties Act 5
1997, and 6
(k) exercise other powers conferred by the statutory rules in relation 7
to vehicle registration. 8
Division 2 NSW registrable vehicles register 9
64 Maintenance of NSW registrable vehicles register (cf VR Act, s 10) 10
(1) Register to be maintained in accordance with statutory rules 11
Subject to this section, the Authority is to maintain a register of 12
registrable vehicles (the NSW registrable vehicles register) in 13
accordance with the statutory rules. 14
(2) Register does not provide evidence of title 15
The NSW registrable vehicles register does not provide evidence of title 16
to any registrable vehicle. 17
(3) Security of information in register 18
The Authority must ensure that the information in the NSW registrable 19
vehicles register that is of a personal nature or that has commercial 20
sensitivity for the person about whom it is kept is not released except as 21
provided by the statutory rules or under another law. 22
(4) Recording of names of registered operators 23
The Authority may: 24
(a) in the case of a transitional registrable vehicle--continue to 25
record in the NSW registrable vehicles register the names of not 26
more than 2 persons as being responsible for the vehicle, or 27
(b) in the case of any other registrable vehicle--the name of only one 28
person as being responsible for the vehicle. 29
(5) A registrable vehicle is a transitional registrable vehicle if: 30
(a) 2 persons were recorded as being responsible for the vehicle in 31
the Register (within the meaning of the Road Transport (Vehicle 32
Registration) Act 1997) immediately before the commencement 33
of this section, and 34
(b) the vehicle has not ceased to be a transitional registrable vehicle 35
since that time. 36
Page 58
Road Transport Bill 2013 Clause 65
Vehicle registration Chapter 4
Registration system for vehicles Part 4.1
(6) A registrable vehicle ceases to be a transitional registrable vehicle on 1
the occurrence of any of the following: 2
(a) the transfer of the registration of the vehicle, 3
(b) the cancellation or surrender of the registration of the vehicle, 4
(c) if the registration of the vehicle has expired and the period within 5
which the registration may be renewed has also expired. 6
(7) If more than one person is recorded as a registered operator of a 7
transitional registrable vehicle, a reference in any relevant legislation to 8
the registered operator of a registrable vehicle within the meaning of 9
this Act is taken (subject to any statutory rules made for the purposes of 10
subsection (8)) to include a reference to each registered operator of such 11
a transitional registrable vehicle. 12
(8) The statutory rules may provide for the determination of the respective 13
rights, liabilities and obligations of each registered operator of a 14
transitional registrable vehicle under any relevant legislation. 15
(9) Other information that may be included in register 16
The NSW registrable vehicles register may include information notified 17
to the Authority under this Act and such other information as the 18
Authority considers appropriate. 19
(10) Correction of register 20
Without limiting section 62 or any other provision of this section, the 21
Authority may correct any mistake, error or omission in the NSW 22
registrable vehicles register subject to the requirements (if any) of the 23
statutory rules. 24
(11) Definition 25
In this section: 26
relevant legislation means: 27
(a) a provision of this Act (or a provision of a statutory rule made 28
under this Act), or 29
(b) a provision of any other Act (or a provision of a statutory rule 30
made under any other Act) concerned with the registered operator 31
of a registrable vehicle within the meaning of this Act. 32
65 Authority not to register registrable vehicles based outside this 33
jurisdiction (cf VR Act, s 9) 34
The Authority must not register a registrable vehicle unless it is satisfied 35
that the vehicle's garage address is in this jurisdiction. 36
Page 59
Clause 66 Road Transport Bill 2013
Chapter 4 Vehicle registration
Part 4.1 Registration system for vehicles
Division 3 Devices, plates and documents 1
66 Special number-plates (cf VR Act, s 8A) 2
(1) The statutory rules may make provision for or with respect to the issue 3
by the Authority of number-plates (special number-plates) that have a 4
special design, format or content approved by the Authority, and for or 5
with respect to the use, transfer, replacement and surrender of special 6
number-plates. 7
(2) The Authority is authorised to enter into contractual and other 8
commercial arrangements (special number-plate arrangements) for 9
the provision of marketing and other services to the Authority in 10
connection with the issue of special number-plates. 11
(3) Special number-plate arrangements under this section must include 12
provision to ensure that a party to the arrangements will be subject to 13
the same restrictions on the collection, use or disclosure of information 14
obtained in the course of the operation of the arrangements as apply to 15
the Authority under the Privacy and Personal Information Protection 16
Act 1998. 17
(4) Statutory rules made for the purposes of this section may include 18
provision for or with respect to the following: 19
(a) the issue of special number-plates independently of vehicle 20
registration, as a commercial undertaking conducted by the 21
Authority, 22
(b) providing for the Authority to enter into agreements with persons 23
to whom special number-plates are or are to be issued, to provide 24
for their rights and obligations in connection with the special 25
number-plates issued to them, 26
(c) requiring the payment of fees, charges and consideration for or in 27
connection with the issue, use, transfer, replacement and 28
surrender of special number-plates, 29
(d) providing for the setting of those fees, charges and consideration 30
by the statutory rules, the Authority or a party to special 31
number-plate arrangements or by or under any process provided 32
for by the statutory rules or special number-plate arrangements. 33
(5) The issue of a number-plate extends to arrangements for allocating, 34
setting aside or reserving a number-plate (whether or not involving the 35
delivery of possession of the number-plate and including arrangements 36
under which the Authority retains possession of a number-plate after its 37
issue). 38
Page 60
Road Transport Bill 2013 Clause 67
Vehicle registration Chapter 4
Offences concerning vehicle registration Part 4.2
67 Ownership of devices, plates or documents (cf VR Act, s 13) 1
(1) Any devices, plates or documents issued by the Authority for the 2
purpose of authorising the use of a registrable vehicle remain the 3
property of the Authority. 4
(2) Without limiting subsection (1), any special number-plate issued by the 5
Authority (whether or not for the purpose of authorising the use of a 6
registrable vehicle) remains the property of the Authority. 7
Part 4.2 Offences concerning vehicle registration 8
Division 1 General offences 9
68 Prohibition on using unregistered registrable vehicles (cf VR Act, s 18) 10
(1) A person must not use an unregistered registrable vehicle on a road. 11
Maximum penalty: 20 penalty units. 12
(2) Subsection (1) does not apply to the use of a registrable vehicle on a 13
road if: 14
(a) the vehicle belongs to a class of vehicle prescribed by the 15
statutory rules referred to in section 21 as a vehicle to which this 16
Act or Chapter does not apply, or 17
(b) the use is otherwise permitted by this Act or under the statutory 18
rules. 19
(3) Subsection (1) does not apply to a registrable vehicle that was left 20
standing on a road: 21
(a) within the period of 15 days after the date on which that vehicle 22
ceased to be registered or to be exempted from being registered, 23
or 24
(b) with the consent of the responsible person for the road. 25
(4) If the Authority cancels the registration of a vehicle under section 84, 26
subsection (1) does not apply in relation to the vehicle until the day on 27
which the registered operator of the vehicle is given notice by the 28
Authority of the cancellation. 29
(5) In this section: 30
registrable vehicle includes: 31
(a) an incomplete or partially constructed vehicle, and 32
(b) the remains of a vehicle. 33
Page 61
Clause 69 Road Transport Bill 2013
Chapter 4 Vehicle registration
Part 4.2 Offences concerning vehicle registration
responsible person for a road on which a vehicle was left standing 1
means: 2
(a) if the care, control and management of the road was then vested 3
in a person other than the owner of the road--the person in whom 4
the care, control and management of the road was vested, or 5
(b) in any other case--the owner of the road. 6
69 Obtaining registration or unregistered vehicle permits by false 7
statements (cf VR Act, s 19) 8
(1) A person must not: 9
(a) by a false statement or any misrepresentation or other dishonest 10
means, attempt to register a registrable vehicle, or renew the 11
registration of a registrable vehicle, under this Act, or 12
(b) without lawful authority or excuse possess a device, plate or 13
document obtained using those means. 14
Maximum penalty: 20 penalty units. 15
(2) A person must not: 16
(a) attempt to obtain an unregistered vehicle permit for a registrable 17
vehicle, or renew the permit, under this Act by a false statement 18
or any misrepresentation or other dishonest means, or 19
(b) possess a device, plate or document obtained using those means 20
without lawful authority or excuse. 21
Maximum penalty: 20 penalty units. 22
(3) A device, plate or document so obtained is void, and the Authority may 23
alter the NSW registrable vehicles register accordingly. 24
70 Obligations of registered operators (cf VR Act, s 21) 25
(1) This Act and the statutory rules do not affect the obligations of a 26
registered operator of a registrable vehicle to comply with any 27
applicable provisions of the Motor Accidents Compensation Act 1999 28
and the Duties Act 1997. 29
(2) A registered operator of a registrable vehicle must, in accordance with 30
the statutory rules: 31
(a) ensure that any devices, plates and documents issued by the 32
Authority are installed or displayed on the vehicle, and 33
(b) while operating the vehicle, carry or cause the driver to carry, 34
documents prescribed by the statutory rules, and 35
(c) when required to do so by the Authority, produce documents 36
prescribed by the statutory rules, and 37
Page 62
Road Transport Bill 2013 Clause 71
Vehicle registration Chapter 4
Offences concerning vehicle registration Part 4.2
(d) comply with any directions given by, and conditions imposed by, 1
the Authority about the registration of the vehicle, and 2
(e) keep records required to be kept by the statutory rules about the 3
registration of the vehicle. 4
Maximum penalty: 20 penalty units. 5
(3) Without limiting section 181, a person is not liable to be convicted of an 6
offence against subsection (2) and an offence against the statutory rules 7
arising out of a single incident. 8
71 Offences relating to identification numbers of engines and other vehicle 9
parts (cf VR Act, s 21A) 10
A person must not: 11
(a) if the person is not the manufacturer--stamp or affix or cause or 12
permit any person to stamp or affix any identification number on 13
or to the engine, engine block or any other part prescribed by the 14
statutory rules of a motor vehicle or trailer without the written 15
authority of the Authority and except as prescribed by the 16
statutory rules, or 17
(b) except as required or permitted by or under this Act--alter, 18
deface, remove or obliterate any identification number stamped 19
on or otherwise affixed to the engine, engine block or any other 20
part prescribed by the statutory rules of a motor vehicle or trailer, 21
or 22
(c) without lawful authority or excuse, have in the person's 23
possession any engine, engine block, or other part of a motor 24
vehicle or trailer prescribed by the statutory rules, knowing that 25
the identification number stamped on or otherwise affixed to it 26
has been altered, defaced, removed or obliterated otherwise than 27
as required or permitted by or under this Act. 28
Maximum penalty: 20 penalty units or imprisonment for 6 months, or 29
both. 30
Division 2 Offences involving interstate number-plates and 31
vehicles 32
72 Definitions (cf VR Act, ss 22 (1) and 22A (1)) 33
In this Division: 34
interstate number-plate means a number-plate issued under any law in 35
force in another jurisdiction that is a State or Territory. 36
interstate registered vehicle means a registrable vehicle that is 37
registered in another jurisdiction that is a State or Territory. 38
Page 63
Clause 73 Road Transport Bill 2013
Chapter 4 Vehicle registration
Part 4.2 Offences concerning vehicle registration
licensed motor dealer means the holder of a dealer's licence within the 1
meaning of the Motor Dealers Act 1974. 2
73 Affixing of interstate number-plates on registrable vehicles in this 3
jurisdiction (cf VR Act, s 22 (2)-(5)) 4
(1) A licensed motor dealer must not, without the approval of the Authority, 5
cause, permit or allow an interstate number-plate to be affixed to a 6
registrable vehicle in this jurisdiction. 7
Maximum penalty: 100 penalty units. 8
(2) A licensed motor dealer is not guilty of an offence against subsection (1) 9
if the dealer proves to the court's satisfaction that: 10
(a) the dealer had a reasonable excuse for contravening that 11
subsection, and 12
(b) the contravention was not intended to avoid the requirements 13
relating to the registration of registrable vehicles under this Act. 14
(3) If a licensed motor dealer causes, permits or allows an interstate 15
number-plate to be affixed to a registrable vehicle in this jurisdiction, 16
the dealer must: 17
(a) cause a record to be made in accordance with subsection (4), and 18
(b) keep the record for a period of at least 5 years, and 19
(c) produce the record to the Authority or a police officer if requested 20
to do so. 21
Maximum penalty: 100 penalty units. 22
(4) A record under subsection (3) must: 23
(a) identify the interstate number-plate and the registrable vehicle to 24
which it was affixed, and 25
(b) identify the date on which, and the place where, the interstate 26
number-plate was affixed, and 27
(c) be in the form approved by the Authority. 28
74 Operating interstate registered vehicles in this jurisdiction (cf VR Act, 29
s 22A (2)-(4)) 30
(1) A corporation must not cause, permit or allow an interstate registered 31
vehicle owned by the corporation to be used on a road in this 32
jurisdiction. 33
Maximum penalty: 100 penalty units. 34
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Offences concerning vehicle registration Part 4.2
(2) A corporation is not guilty of an offence against subsection (1) if the 1
corporation proves to the court's satisfaction: 2
(a) that the interstate registered vehicle had, at the date of the 3
offence, been owned by the corporation for less than 90 days, or 4
(b) that, during the period of 90 days immediately before the date of 5
the offence, the interstate registered vehicle was outside this 6
jurisdiction for a continuous period of at least 48 hours, or 7
(c) if the corporation: 8
(i) conducts a business that includes the leasing or hiring out 9
of registrable vehicles, and 10
(ii) is unable to satisfy the court that paragraph (b) applies in 11
relation to the interstate registered vehicle, 12
that the vehicle was leased or hired out to the same person for the 13
whole of the period of 90 days immediately before the date of the 14
offence. 15
(3) A reference in this section to an interstate registered vehicle owned by 16
a corporation includes a reference to an interstate registered vehicle that 17
is under the control or management of the corporation. 18
75 Direction to provide documents concerning use of interstate registered 19
vehicles (cf VR Act, s 22B) 20
(1) If the Authority or a police officer is of the opinion that an interstate 21
registered vehicle is being used for any business or commercial 22
purposes in this jurisdiction, the Authority or officer may, for the 23
purposes of ascertaining whether section 74 (1) has been or is being 24
contravened, direct a person to provide the Authority or officer with 25
such documents relating to the use of the vehicle as are in the control or 26
possession of the person. 27
(2) A person must not fail to comply with a direction under subsection (1). 28
Maximum penalty: 100 penalty units (in the case of a corporation) or 29
20 penalty units (in any other case). 30
(3) A direction under subsection (1): 31
(a) must be in writing, and 32
(b) must specify the time and manner for complying with the 33
direction, and 34
(c) may relate to a particular class of documents that are in the 35
control or possession of the person to whom the direction is 36
given. 37
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Chapter 4 Vehicle registration
Part 4.3 Defective vehicles
Part 4.3 Defective vehicles 1
76 Defective registrable vehicles (cf VR Act, s 26) 2
(1) A police officer, or the Authority, may inspect a registrable vehicle 3
(whether or not on a road) for the purpose of deciding its identity, 4
condition or the status (whether in this jurisdiction or another 5
jurisdiction) of any registration or permit relating to the vehicle. 6
(2) A registered operator or owner of, or any person in charge of or having 7
the custody of or selling or having in possession for sale or otherwise of 8
the registrable vehicle must afford the police officer or the Authority all 9
reasonable facilities for making such an inspection. 10
Maximum penalty: 20 penalty units. 11
(3) Without limiting subsection (1), for the purposes mentioned in that 12
subsection and in connection with any inspection, a police officer or the 13
Authority may: 14
(a) enter in or on the vehicle on a road, or 15
(b) enter in or on any premises ordinarily used for the sale of 16
registrable vehicles and in or on such a vehicle on those premises, 17
or 18
(c) enter in or on any other premises if the officer or the Authority 19
has reasonable cause to believe a registrable vehicle is for sale, 20
held in possession for sale or in a damaged condition as a result 21
of an accident, and may enter in or on any such vehicle on those 22
premises. 23
(4) A police officer, or the Authority, may, in accordance with the statutory 24
rules, on discovering a defective registrable vehicle: 25
(a) issue a warning or a defect notice, or 26
(b) impose conditions on the use of the vehicle, or 27
(c) prohibit the use of the vehicle. 28
(5) A defect notice may be withdrawn or cleared in accordance with the 29
statutory rules. 30
(6) After inspecting a registrable vehicle, a police officer, or the Authority, 31
may seize any device, plate or document in or on the vehicle if it is 32
suspected on reasonable grounds that the device, plate or document is 33
being used in committing an offence against this Act or the statutory 34
rules. 35
(7) In this section: 36
inspect, in relation to a registrable vehicle, includes observe the 37
vehicle's performance, with or without the use of instrumentation. 38
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Defective vehicles Part 4.3
77 Using registrable vehicles contrary to conditions or prohibitions under 1
section 76 (cf VR Act, s 20) 2
A person must not use a registrable vehicle contrary to conditions or a 3
prohibition imposed under section 76. 4
Maximum penalty: 20 penalty units. 5
78 Use of dangerously defective motor vehicles (cf VR Act, s 27B) 6
(1) A person must not: 7
(a) use a heavy motor vehicle that is dangerously defective on a road, 8
or 9
(b) cause or permit a heavy motor vehicle that is dangerously 10
defective to be used on a road. 11
Maximum penalty: 20 penalty units. 12
(2) Subsection (1) does not apply to or in respect of: 13
(a) the use of a dangerously defective heavy motor vehicle if the 14
motor vehicle is at, or in the vicinity of, the scene of an accident 15
and its condition is the result of damage caused by the accident, 16
or 17
(b) the use by a person of a dangerously defective heavy motor 18
vehicle if the person is aware of the condition of the motor 19
vehicle and has taken, or is taking, all such action as is reasonable 20
in the circumstances to have the motor vehicle repaired or 21
removed from a road, or 22
(c) the use by a person of a dangerously defective heavy motor 23
vehicle that is being inspected or tested under subsection (3), or 24
(d) the use of a dangerously defective heavy motor vehicle in any 25
other circumstances prescribed by the statutory rules. 26
(3) For the purpose of ascertaining whether a heavy motor vehicle that is 27
being used on a road is dangerously defective, any police officer or the 28
Authority may cause the motor vehicle to be inspected and tested. 29
(4) Without limiting any other function, any police officer or the Authority 30
may, for the purposes of this section, do any one or more of the 31
following: 32
(a) request or signal the driver of a heavy motor vehicle to stop the 33
motor vehicle, 34
(b) request the driver of a heavy motor vehicle: 35
(i) to produce for inspection the driver licence to drive the 36
motor vehicle, and 37
(ii) to state the driver's name and address, 38
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Part 4.4 Powers in relation to registrable vehicles
(c) request the driver of a heavy motor vehicle to furnish the officer 1
or the Authority with such information as the officer or the 2
Authority may reasonably require, 3
(d) request the driver of a heavy motor vehicle to do such other things 4
as the officer or the Authority may reasonably require for the 5
purpose of facilitating the inspection and testing of the motor 6
vehicle. 7
(5) If a heavy motor vehicle has been stopped in compliance with a request 8
or signal made or given under subsection (4) (a), any inspection or 9
testing of the motor vehicle under subsection (3) is to be carried out: 10
(a) at, or as near as practicable to, the place where the request or 11
signal was so made or given, and 12
(b) as soon as practicable, and in any case within one hour, after the 13
motor vehicle was so stopped. 14
(6) A person must not: 15
(a) hinder or obstruct a police officer or the Authority in the exercise 16
of the officer's or Authority's functions under this section, or 17
(b) fail to comply with any request or signal made or given by a 18
police officer or the Authority under this section. 19
Maximum penalty: 20 penalty units. 20
(7) For the purposes of this section, a heavy motor vehicle is dangerously 21
defective if it is in such a condition that if a person drives or attempts to 22
drive the motor vehicle it is likely that the person will lose control of the 23
motor vehicle. 24
(8) In this section: 25
heavy motor vehicle means a motor vehicle that has a GVM of more 26
than 12 tonnes. 27
Part 4.4 Powers in relation to registrable vehicles 28
79 Power to seize unregistered vehicles (cf VR Act, s 27) 29
(1) A police officer may seize any unregistered registrable vehicle (other 30
than a registrable vehicle exempted from registration under this Act) 31
that is being used on a road. 32
(2) If any such registrable vehicle has been seized, the Local Court may, on 33
the application of a police officer, make an order declaring the vehicle 34
to be forfeited to the Crown. 35
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Powers in relation to registrable vehicles Part 4.4
(3) If such an application is made, the following provisions have effect: 1
(a) notice of the application is to be given to the person who had the 2
custody of the vehicle at the time of the seizure if the person can 3
be found and to such other persons (if any) as the Local Court 4
may direct, 5
(b) no order of forfeiture may be made if the owner of the vehicle 6
satisfies the Local Court that there has been no intent to evade 7
registration of the vehicle. 8
(4) A responsible person for a vehicle who is aggrieved by an order of the 9
Local Court made under this section in relation to the vehicle may 10
appeal against the order to the District Court under Part 3 of the Crimes 11
(Appeal and Review) Act 2001 as if that order were a sentence arising 12
from a court attendance notice dealt with under Part 2 of Chapter 4 of 13
the Criminal Procedure Act 1986. 14
(5) The Authority may waive the forfeiture of a vehicle on payment within 15
such period as the Authority may allow of a fine equivalent to the sum 16
obtained by adding together: 17
(a) the fee for the registration or renewal of the registration of the 18
vehicle for each applicable registration period in any part of 19
which the vehicle was used while unregistered, and 20
(b) the motor vehicle tax imposed under the Motor Vehicles Taxation 21
Act 1988 or the registration charges or administration fees 22
imposed under Schedule 2 which would be due on the application 23
for that registration or renewal, 24
together with a further fine of 20 percent of that sum. 25
(6) If any such fine is not paid within the period so allowed, the Authority 26
may dispose of the vehicle in the manner prescribed by the statutory 27
rules. 28
(7) If a vehicle is sold under subsection (6), the Authority is to apply the 29
proceeds of the sale as prescribed by the statutory rules. 30
80 Power of entry to inspect damaged vehicles (cf VR Act, s 27A) 31
(1) The Authority may, at any time: 32
(a) enter any premises on which the business of carrying out repairs 33
to registrable vehicles damaged as a result of accidents is 34
ordinarily carried on, and 35
(b) inspect any registrable vehicle or part of a registrable vehicle that 36
is found by the Authority in or on those premises for the purpose 37
of ascertaining whether or not the vehicle complies with the 38
vehicle standards that apply to it. 39
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Part 4.5 Written-off vehicles
(2) A person must not wilfully delay or obstruct the Authority in the 1
exercise of the Authority's powers under this section. 2
Maximum penalty: 20 penalty units. 3
81 Seizure of number-plate (cf VR Act, s 27C) 4
A police officer or person authorised by the Authority may seize any 5
number-plate: 6
(a) that is attached to: 7
(i) a registrable vehicle the registration of which has expired 8
not less than 15 days before the date on which the 9
number-plate is seized, or 10
(ii) a registrable vehicle the registration of which has been 11
cancelled, or 12
(b) that has been used in contravention of a provision of the statutory 13
rules that is prescribed by the statutory rules. 14
Part 4.5 Written-off vehicles 15
Division 1 Preliminary 16
82 Definitions (cf VR Act, s 16A) 17
In this Part: 18
Austroads means Austroads Limited (ACN 136 812 390), and includes 19
any successor to or continuation of that company. 20
authorisation to repair means an authorisation to repair a written-off 21
vehicle issued by the Authority under this Part. 22
auto-dismantler has the same meaning as in the Motor Dealers Act 23
1974, and includes any other person declared to be an auto-dismantler 24
by the statutory rules under this Act. 25
certificate of compliance means a certificate of compliance issued by a 26
licensed repairer under this Part. 27
dealer has the same meaning as in the Motor Dealers Act 1974, and 28
includes any other person declared to be a dealer by the statutory rules 29
under this Act. 30
former written-off vehicle has the meaning given by section 83 (1). 31
insurer means a person who carries on the business of insuring vehicles, 32
and includes any other person declared to be an insurer by the statutory 33
rules. 34
licensed repairer means a person who holds a licence under the Motor 35
Vehicle Repairs Act 1980. 36
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Written-off vehicles Part 4.5
non-repairable damage means damage of a class, or damage caused in 1
circumstances, prescribed by the statutory rules. 2
notifiable vehicle--see section 88. 3
self-insurer means any person who, in the course of a business, is the 4
registered operator for 5 or more notifiable vehicles (or any other 5
number of notifiable vehicles that may be prescribed by the statutory 6
rules) in respect of each of which there is no insurance policy with an 7
insurer covering loss or damage. 8
statutory written-off vehicle has the meaning given by section 83 (1). 9
total loss--see section 89. 10
vehicle identifier, in relation to a vehicle, means: 11
(a) in the case of a vehicle manufactured before 1 January 1989--the 12
number quoted on the compliance plate that uniquely identifies 13
the vehicle and sets it apart from similar vehicles and that 14
corresponds to the identification number of the vehicle that is 15
permanently recorded elsewhere on the vehicle, or 16
(b) in any other case--the unique vehicle identification number (or 17
"VIN") allocated to the vehicle in accordance with the 18
International Standards Organisation's vehicle identification 19
system required under an Australian Design Rule adopted by the 20
statutory rules. 21
Division 2 Restrictions on registration of certain written-off 22
vehicles 23
83 NSW written-off vehicles register (cf VR Act, s 16B) 24
(1) The Authority is to maintain a register of written-off vehicles (the NSW 25
written-off vehicles register) that records information about vehicles 26
that the Authority has reason to believe: 27
(a) are written-off vehicles (statutory written-off vehicles), or 28
(b) were previously written-off vehicles but which have since been 29
repaired and then registered (former written-off vehicles). 30
(2) The register is to contain such information as the Authority thinks 31
appropriate. 32
(3) In this section written-off vehicle includes any vehicle: 33
(a) that has been assessed to be a total loss by a person in accordance 34
with Division 3, or 35
(b) that has been disposed of to an auto-dismantler by a self-insurer, 36
or 37
(c) that has been demolished or dismantled by an auto-dismantler, or 38
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Part 4.5 Written-off vehicles
(d) that is in the control of an auto-dismantler and is intended to be 1
demolished or dismantled, or 2
(e) that was recorded on the register of written-off vehicles on the 3
day on which Part 2AA of the Road Transport (Vehicle 4
Registration) Act 1997 commenced, or 5
(f) that is prescribed by the statutory rules. 6
84 Registration of written-off vehicles (cf VR Act, s 16C) 7
(1) The Authority must not register, renew or transfer the registration of any 8
vehicle (or if the vehicle is registered, the Authority must cancel the 9
registration of the vehicle) if its vehicle identifier is the same as the 10
vehicle identifier of a statutory written-off vehicle or an interstate 11
written-off vehicle. 12
(2) However, subsection (1) does not apply if the vehicle is the subject of 13
an authorisation to repair and: 14
(a) the application for registration is accompanied by a certificate of 15
compliance in relation to the vehicle, or 16
(b) the Authority is satisfied that the vehicle is of a class exempt by 17
the statutory rules from the obligation to be the subject of a 18
certificate of compliance. 19
(3) If the Authority cancels the registration of a vehicle under this section, 20
the Authority must immediately notify the registered operator of the 21
vehicle of the cancellation. 22
(4) Despite section 14 (3) of the Motor Accidents Compensation Act 1999, 23
a third-party policy (within the meaning of that Act) is not cancelled 24
immediately upon cancellation of registration of a vehicle under this 25
section and continues to have effect until the day on which the 26
registered operator of the vehicle is given notice of the cancellation of 27
registration. 28
(5) The Authority must not register, renew or transfer the registration of a 29
vehicle if to do so would breach a condition imposed by the Authority 30
on an authorisation to repair. 31
(6) In this section: 32
interstate written-off vehicle means a vehicle recorded on a register of 33
written-off vehicles (however described) of another jurisdiction as: 34
(a) a statutory written-off vehicle or similar (being a vehicle that is 35
not permitted to be registered in that jurisdiction by the vehicle 36
registration authority of that jurisdiction), or 37
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Vehicle registration Chapter 4
Written-off vehicles Part 4.5
(b) a repairable written-off vehicle or similar (being a vehicle that 1
may in certain circumstances be registered in that jurisdiction), 2
but only if that vehicle has not been registered in Australia since 3
being so recorded. 4
85 Authority must refuse certain applications for authorisations (cf VR Act, 5
s 16D) 6
(1) The Authority must refuse an application for the issue of an 7
authorisation to repair a written-off vehicle if the Authority reasonably 8
believes any one or more of the following: 9
(a) that the vehicle has suffered non-repairable damage, 10
(b) that the vehicle is prescribed by the statutory rules as a 11
non-eligible vehicle, 12
(c) that the applicant is prescribed by the statutory rules as a 13
non-eligible person. 14
(2) This section does not limit the circumstances in which the Authority 15
may refuse the issue of an authorisation to repair. 16
86 Applications for authorisations (cf VR Act, s 16E) 17
(1) An eligible person may apply to the Authority for the issue of an 18
authorisation to repair a vehicle. 19
(2) An application for the issue of an authorisation: 20
(a) must be in a form approved by the Authority, and 21
(b) must be accompanied by a record of an assessment made in 22
accordance with Division 3 that the vehicle has not suffered 23
non-repairable damage, and 24
(c) must be accompanied by any fee fixed for that purpose by the 25
Authority under section 271. 26
(3) The Authority may require an applicant to submit such other 27
information as the Authority thinks fit. 28
(4) In determining an application, the Authority must take into 29
consideration any factors prescribed by the statutory rules. 30
(5) The Authority may refuse the application or may issue an authorisation 31
to repair the vehicle unconditionally or subject to any of the following 32
conditions: 33
(a) a condition that the vehicle cannot be registered in the name of a 34
person other than the applicant for a specified period or for an 35
indefinite period, 36
(b) any condition of a class prescribed by the statutory rules. 37
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Part 4.5 Written-off vehicles
(6) If the vehicle is of a class of vehicles exempt by the statutory rules from 1
the obligation to be the subject of a certificate of compliance, the 2
authorisation to repair must state that fact. 3
Division 3 Assessment of damaged vehicles 4
87 Definitions (cf VR Act, s 16F) 5
In this Division: 6
assessor means an insurer, self-insurer, auto-dismantler, dealer or other 7
person prescribed by the statutory rules. 8
vehicle damage assessment means an assessment made by or on behalf 9
of, and in the course of business of, an assessor as to whether or not a 10
notifiable vehicle (anywhere in Australia) is a total loss. 11
88 Notifiable vehicles (cf VR Act, s 16G) 12
(1) For the purposes of this Part, a vehicle is a notifiable vehicle if the 13
vehicle: 14
(a) complies (or complied at the time of manufacture) with the 15
requirements of all Australian Design Rules adopted by the 16
statutory rules applying to it, and 17
(b) is not more than 15 years old (age being determined from the date 18
of manufacture) or, if the statutory rules prescribe a different age, 19
not more than the age so prescribed, and 20
(c) is located anywhere in Australia but is linked to this jurisdiction 21
because: 22
(i) it is registered in this jurisdiction, or 23
(ii) it was last registered in this jurisdiction, or 24
(iii) it has never been registered in Australia, but one or more 25
of the incidents that caused the vehicle to be assessed as a 26
total loss occurred in this jurisdiction, and 27
(d) is not: 28
(i) a motor vehicle that has a GVM of more than 4.5 tonnes, or 29
(ii) a trailer that has a GVM of more than 4.5 tonnes. 30
(2) For the purposes of this Part, a vehicle is also a notifiable vehicle if it is 31
a vehicle prescribed by the statutory rules. 32
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Written-off vehicles Part 4.5
89 Vehicles that are a total loss (cf VR Act, s 16H) 1
(1) For the purposes of this Part, a vehicle is a total loss if it has been 2
damaged, dismantled or demolished to the extent that its salvage value 3
as a written off vehicle plus the cost of repairing the vehicle for use on 4
a road would be more than: 5
(a) the market value of the vehicle immediately before the damage, 6
dismantling or demolition, or 7
(b) if the vehicle is insured for a specified amount (known as the sum 8
insured), that specified amount. 9
(2) The statutory rules may: 10
(a) prescribe other cases as cases in which a vehicle is a total loss for 11
the purposes of this Part, and 12
(b) prescribe exceptions to this section. 13
(3) In this section: 14
market value of a vehicle means the price that the vehicle would bring 15
at open market, as determined (having regard to local market prices and 16
the age and condition of the vehicle) by the person who assesses 17
whether or not the vehicle is a total loss. 18
salvage value of a vehicle means the value of the vehicle if sold for 19
scrap or parts, or in a damaged state, as determined by the person who 20
assesses whether or not the vehicle is a total loss. 21
90 Assessments as to whether a vehicle is a total loss (cf VR Act, s 16I) 22
(1) An assessor must ensure that any vehicle damage assessment made by 23
or on behalf of the assessor is made by a person who: 24
(a) has the training, qualification or experience prescribed by the 25
statutory rules for the purposes of this section, or 26
(b) acts on the advice of a person who has such training, 27
qualifications or experience. 28
Maximum penalty: 20 penalty units. 29
(2) The Authority may, by notice in writing, exempt a person from 30
subsection (1), before the relevant assessment is carried out. Such an 31
exemption has effect only for the time specified in the exemption and if 32
any conditions to which it is subject are complied with. 33
91 Factors relevant to assessments (cf VR Act, s 16J) 34
An assessor must ensure that any vehicle damage assessment made by 35
or on behalf of the assessor: 36
(a) includes an assessment of whether the vehicle has suffered 37
non-repairable damage, and 38
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Part 4.5 Written-off vehicles
(b) bases any calculation of the cost of repair of the vehicle (for the 1
purposes of assessing whether the vehicle is a total loss) on the 2
standard of repairs, and the repair methods, prescribed by the 3
statutory rules in relation to vehicles of that type. 4
Maximum penalty: 5
(a) in the case of a corporation, 250 penalty units for a first offence 6
or 500 penalty units for a second or subsequent offence, or 7
(b) in any other case, 50 penalty units for a first offence or 8
100 penalty units for a second or subsequent offence. 9
92 Provision of results of assessments (cf VR Act, s 16K) 10
(1) An assessor must, if requested to do so by the registered operator or 11
owner of a notifiable vehicle or a person authorised by the Authority, 12
provide the operator, owner or person with a written record of any 13
vehicle damage assessment made by or on behalf of the assessor of that 14
vehicle setting out: 15
(a) a statement as to whether or not the vehicle has suffered 16
non-repairable damage, and 17
(b) any other information prescribed by the statutory rules. 18
Maximum penalty: 20 penalty units. 19
(2) An assessor must, if directed in writing to do so by an authorised officer, 20
provide the Authority with a written record of any vehicle damage 21
assessment made by or on behalf of the assessor setting out: 22
(a) a statement as to whether or not the vehicle has suffered 23
non-repairable damage, and 24
(b) any other information specified in the direction. 25
Maximum penalty: 20 penalty units. 26
(3) More than one direction may be issued under subsection (2). 27
Note. Section 307C of the Crimes Act 1900 makes it an offence for a person to 28
produce a record under this section if the person does so knowing that the 29
record is false or misleading. 30
93 Information about written-off and demolished vehicles (cf VR Act, s 16L) 31
(1) An assessor must ensure that the Authority is provided with the 32
information required by the statutory rules concerning each notifiable 33
vehicle that is assessed as being a total loss in the course of a vehicle 34
damage assessment conducted by or on behalf of the assessor: 35
(a) within 7 days after the assessment and before the vehicle is sold 36
or otherwise disposed of, or 37
(b) within any other time prescribed by the statutory rules. 38
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Written-off vehicles Part 4.5
(2) A self-insurer must ensure that the Authority is provided with the 1
information required by the statutory rules concerning each notifiable 2
vehicle that is taken to be a total loss by virtue of being disposed of by 3
the self-insurer (anywhere in Australia) to an auto-dismantler: 4
(a) within 7 days after the vehicle is disposed of, or 5
(b) within any other time prescribed by the statutory rules. 6
(3) An auto-dismantler must ensure that the Authority is provided with the 7
information required by the statutory rules concerning each notifiable 8
vehicle that the auto-dismantler intends to demolish or dismantle 9
(anywhere in Australia) in the course of the business carried on by the 10
auto-dismantler: 11
(a) within 7 days after the auto-dismantler forms the intention to 12
demolish or dismantle the vehicle, or 13
(b) within any other time prescribed by the statutory rules. 14
(4) Despite subsection (3), the information must be provided before the part 15
of the vehicle to which the vehicle identifier is attached is sold or 16
otherwise disposed of. 17
(5) A person (other than an insurer) is not guilty of an offence against this 18
section in respect of a failure to provide information concerning a 19
notifiable vehicle if the person proves to the court's satisfaction that the 20
person believed, on reasonable grounds, that the required information 21
concerning the vehicle had already been provided to the Authority by 22
another person under this section. 23
Maximum penalty: 20 penalty units. 24
94 Maintenance of records (cf VR Act, s 16M) 25
(1) An assessor must maintain, and keep for at least 7 years, the following 26
records in relation to each vehicle damage assessment made by or on 27
behalf of the assessor: 28
(a) the records required by the statutory rules, 29
(b) any other records that the Authority, by notice in writing, requires 30
the assessor to maintain. 31
(2) An authorised officer may, for the purposes of determining whether this 32
Part has been complied with, direct in writing any person to produce any 33
records required to be maintained under this Division. 34
(3) A person must comply with such a direction within the time specified in 35
the direction. 36
Maximum penalty: 20 penalty units. 37
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Part 4.5 Written-off vehicles
95 False assessments (cf VR Act, s 16N) 1
A person must not induce, attempt to influence, or coerce the making of 2
a false vehicle damage assessment or a vehicle damage assessment that 3
does not comply with this Part. 4
Maximum penalty: 5
(a) in the case of a corporation, 250 penalty units for a first offence 6
or 500 penalty units for a second or subsequent offence, or 7
(b) in any other case, 50 penalty units for a first offence or 8
100 penalty units for a second or subsequent offence. 9
96 Removal of vehicle identifiers (cf VR Act, s 16O) 10
An assessor must ensure that reasonable steps are taken to remove, 11
deface, obliterate or destroy the vehicle identifier on any part of a 12
vehicle that has been assessed as being a total loss by or on behalf of the 13
assessor, if required to do so: 14
(a) by the statutory rules, or 15
(b) by notice in writing served on the assessor by the Authority. 16
Maximum penalty: 20 penalty units. 17
97 Duty to attach written-off warning label to written-off vehicles (cf VR Act, 18
s 16P) 19
(1) An assessor must ensure that a written-off warning label is attached, in 20
accordance with the statutory rules, at all times to any vehicle in the 21
person's possession or control that has been assessed as being a total 22
loss: 23
(a) to the part of the vehicle to which the vehicle identifier is attached 24
(in the case of a dismantled vehicle), or 25
(b) to the vehicle (in any other case). 26
(2) The label must be attached within the period in which the information 27
must be provided to the Authority about the vehicle under section 93. 28
Maximum penalty: 20 penalty units. 29
Division 4 General 30
98 Certificates of compliance (cf VR Act, s 16Q) 31
(1) A licensed repairer may issue, in a form approved by the Authority, a 32
certificate of compliance in relation to a vehicle if: 33
(a) the repairer's licence is of a class that authorises the repairer to 34
repair the type of vehicle, and the type of vehicle damage, the 35
subject of certification, and 36
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Vehicle registration Chapter 4
Written-off vehicles Part 4.5
(b) the licensed repairer is satisfied that the standard of repairs, and 1
the repair methods used, are in accordance with the requirements 2
adopted by or set out in the statutory rules. 3
(2) A licensed repairer must not issue a certificate of compliance that the 4
repairer knows, or ought reasonably to know, is false or misleading in a 5
material particular. 6
Maximum penalty: 20 penalty units. 7
(3) A person must not attempt to obtain a certificate of compliance by a 8
false or misleading statement or any misrepresentation or other 9
dishonest means. 10
Maximum penalty: 20 penalty units. 11
(4) The Authority may do any of the following in respect of a vehicle that 12
is the subject of a certificate of compliance referred to in subsection (2) 13
or (3): 14
(a) amend the NSW written-off vehicles register accordingly, 15
(b) suspend the registration of the vehicle, 16
(c) refuse to transfer the registration of the vehicle, 17
(d) cancel the registration of the vehicle. 18
(5) The Authority must not cancel the registration of a vehicle unless it has 19
first given the registered operator of the vehicle at least 14 days' notice 20
of the proposed cancellation. 21
(6) A person who is not a licensed repairer must not purport to issue a 22
certificate of compliance or advertise that the person is willing to issue 23
a certificate of compliance. 24
Maximum penalty: 1,000 penalty units. 25
99 Access to NSW written-off vehicles register (cf VR Act, s 16R) 26
(1) The Authority is not to provide access to the NSW written-off vehicles 27
register except as provided by this section. 28
(2) The Authority may allow the following to have access to the register: 29
(a) a government department, a public authority, a local authority or 30
the NSW Police Force, 31
(b) a government department, a public authority, a local authority or 32
the police force of another jurisdiction, 33
(c) Austroads, but only for the purpose of its national database of 34
written-off vehicles and information about them, 35
(d) an insurer, self-insurer, auto-dismantler or dealer, 36
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Part 4.5 Written-off vehicles
(e) any other person or body, or class of persons or bodies, 1
prescribed by the statutory rules. 2
(3) The Authority may provide a person or body with information 3
contained in the register. 4
(4) The Authority may: 5
(a) impose any conditions that the Authority considers appropriate 6
on the provision of access, or the provision of information, under 7
this section, or 8
(b) limit the level of detail to which access is provided under this 9
section as the Authority considers appropriate. 10
100 Interference with NSW written-off vehicles register (cf VR Act, s 16S) 11
A person must not, except as authorised by the Authority: 12
(a) obtain access to the NSW written-off vehicles register or 13
information contained in the register, or 14
(b) make, alter or delete an entry in the register, or 15
(c) interfere with the register in any other way. 16
Maximum penalty: 250 penalty units. 17
101 Unauthorised disclosure of information (cf VR Act, s 16T) 18
A person must not disclose any information obtained in connection with 19
the administration or execution of this Part, except: 20
(a) in connection with the administration or execution of this Part or 21
the statutory rules made for the purposes of this Part, or 22
(b) for the purposes of Austroads administering a national database 23
of written-off vehicles and information about them and allowing 24
driver licensing and vehicle registration authorities in the other 25
States and Territories to have access to the information in the 26
national database, or 27
(c) for the purposes of any legal proceedings arising out of this Act 28
or the statutory rules or of any report of such proceedings, or 29
(d) to the Motor Vehicle Repair Industry Authority constituted under 30
the Motor Vehicle Repairs Act 1980 for the purposes of any 31
disciplinary or legal proceedings arising out of that Act or the 32
regulations under that Act, or 33
(e) to Transport for NSW for the purpose of assisting Transport for 34
NSW to exercise its functions, or 35
(f) in the circumstances prescribed by the statutory rules. 36
Maximum penalty: 20 penalty units. 37
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102 Certificate evidence (cf VR Act, s 16U) 1
A statement in a certificate purporting to have been issued by an 2
Australian Authority or Australian authorised officer that, at a specified 3
time or during a specified period, a specified vehicle was or was not on 4
the NSW written-off vehicles register or a register of written-off 5
vehicles (however described) kept under a law of another jurisdiction is 6
admissible as evidence in any legal proceedings and is, until admissible 7
evidence is given to the contrary, evidence of the matter certified. 8
103 Statutory rules concerning written-off vehicles (cf VR Act, s 16V) 9
(1) Without limiting Chapter 2, the statutory rules may make provision for 10
or with respect to the following matters: 11
(a) any matter relating to the registration of written-off vehicles, 12
(b) any matter relating to the issue of authorisations to repair, 13
(c) any matter relating to the making of vehicle damage assessments 14
under this Part, including the conduct or duties of persons making 15
those assessments, 16
(d) any matter relating to the making and keeping of records under 17
this Part and the furnishing of information and records, 18
(e) any matter relating to the issue of certificates of compliance, 19
including the conduct or duties of persons issuing certificates of 20
compliance, 21
(f) any matter relating to written-off warning labels, 22
(g) the disclosure of information obtained in connection with the 23
administration or execution of this Part. 24
(2) The statutory rules may require any person to provide the Authority 25
with the information prescribed by the statutory rules concerning any 26
notifiable vehicle that is assessed as being a total loss while in the care, 27
custody or control of the person (anywhere in Australia). 28
(3) The statutory rules may exempt, with or without conditions, any 29
vehicle, any class of vehicles or any class of persons from the operation 30
of all or any of the provisions of this Part. 31
(4) The statutory rules may adopt a provision set out in any specified 32
publication. 33
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Part 4.6 Other provisions relating to vehicle registration
104 Determination of first offences and second and subsequent offences 1
against this Part 2
For the purposes of section 9 in its application to offences against 3
provisions of this Part, it is declared that there is no applicable 4
re-offending period for such offences. 5
Note. Section 9 provides for the determination of whether an offence against a 6
provision of this Act or the statutory rules is a first offence or a second or 7
subsequent offence. 8
Part 4.6 Other provisions relating to vehicle 9
registration 10
105 Status of unregistered vehicles having permits (cf VR Act, s 29) 11
An unregistered registrable vehicle in respect of which an unregistered 12
vehicle permit is in force is taken for the purposes of this Act or any 13
other Act relating to the registration or licensing of vehicles to be a 14
registered vehicle. 15
106 Fees for registration of vehicles of Crown and NSW Government 16
agencies (cf VR Act, s 31) 17
Any fees relating to the registration of a registrable vehicle payable 18
under this Act: 19
(a) if the vehicle is owned by the Crown--are payable by the Crown, 20
or 21
(b) if the vehicle is owned by a NSW Government agency--are 22
payable by the agency. 23
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Chapter 5 Safety and traffic management 1
Part 5.1 Alcohol and other drug use 2
Division 1 Interpretation 3
107 Definitions (cf STM Act, s 8) 4
(1) General definitions 5
In this Part: 6
applicable driver licence means the following: 7
(a) a licence (however described) issued under a law in force in any 8
jurisdiction authorising the holder to drive one or more classes of 9
motor vehicle on a road, 10
(b) a driver licence receipt for a licence referred to in paragraph (a), 11
(c) a foreign driver licence. 12
Note. The term driver licence receipt is defined in section 4 (1) to mean a 13
receipt that: 14
(a) is issued following an application for an Australian driver licence and 15
after payment of any applicable fee, and 16
(b) authorises the holder to drive one or more classes of motor vehicle on a 17
road or road related area. 18
applicable learner licence means the following: 19
(a) a learner licence or a driver licence receipt for such a licence, 20
(b) a foreign driver licence that has the same or similar effect as a 21
licence referred to in paragraph (a). 22
Note. The term learner licence is defined in section 4 (1) to mean a licence or 23
permit issued to a person under a law in force in any jurisdiction to authorise the 24
person to drive a motor vehicle on a road or road related area for the purpose 25
of learning to drive a motor vehicle. 26
applicable provisional licence means the following: 27
(a) a provisional P1 licence or a provisional P2 licence, 28
(b) a licence (however described) issued under a law in force in any 29
jurisdiction, or a foreign driver licence, that has the same or 30
similar effect as a licence referred to in paragraph (a) or is 31
prescribed by the statutory rules as an equivalent licence for the 32
purposes of this definition, 33
(c) a driver licence receipt for a licence referred to in paragraph (a) 34
or for a licence of any jurisdiction referred to in paragraph (b). 35
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foreign driver licence means a licence (however described) to drive a 1
motor vehicle that is: 2
(a) held by a person who is ordinarily resident in a foreign country 3
and not a permanent resident of Australia, and 4
(b) issued in the country in which the person is ordinarily resident. 5
learner driver, in relation to a motor vehicle, means: 6
(a) a person who holds an applicable learner licence for motor 7
vehicles of a class that includes the motor vehicle, or 8
(b) a person who is learning to drive the motor vehicle in 9
circumstances where: 10
(i) the person holds an applicable driver licence of a class of 11
motor vehicles that does not include the motor vehicle, and 12
(ii) the person is permitted under the statutory rules to learn to 13
drive the motor vehicle despite not having an applicable 14
driver licence for motor vehicles of that class. 15
novice driver, in relation to a motor vehicle, means: 16
(a) a person who holds an applicable learner licence or applicable 17
provisional licence for motor vehicles of a class that includes the 18
motor vehicle, or 19
(b) a person who is not authorised to drive the motor vehicle in this 20
jurisdiction because the person (in this jurisdiction or elsewhere) 21
has had the person's application for an applicable learner licence 22
or applicable provisional licence of a class that includes the 23
motor vehicle refused, or 24
(c) a person who is not authorised to drive the motor vehicle in this 25
jurisdiction because the person (in this jurisdiction or elsewhere) 26
has ceased to hold an applicable learner licence or applicable 27
provisional licence of a class that includes the motor vehicle as a 28
result of: 29
(i) the cancellation or suspension of the licence, or 30
(ii) the disqualification of the person from holding a driver 31
licence, or 32
(iii) the expiry of the licence, or 33
(d) a person who is not authorised to drive the motor vehicle in this 34
jurisdiction because the person (in this jurisdiction or elsewhere) 35
has never obtained an applicable driver licence for any class of 36
motor vehicle. 37
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(2) Meaning of "special category driver" 1
For the purposes of this Part, a person is a special category driver in 2
respect of a motor vehicle if: 3
(a) the person holds an applicable learner licence or applicable 4
provisional licence for motor vehicles of a class that includes the 5
motor vehicle, or 6
(b) the person is not authorised to drive the motor vehicle in this 7
jurisdiction because: 8
(i) the person (in this jurisdiction or elsewhere) has had the 9
person's application for a relevant applicable driver 10
licence refused, or 11
(ii) the person (in this jurisdiction or elsewhere) has ceased to 12
hold a relevant applicable driver licence as a result of the 13
cancellation or suspension of the licence, or 14
(iii) the person (in this jurisdiction or elsewhere) has ceased to 15
hold an applicable learner licence or applicable provisional 16
licence as a result of the expiry of the licence, or 17
(iv) the person (in this jurisdiction or elsewhere) has ceased to 18
hold a relevant applicable driver licence (other than an 19
applicable learner licence or provisional licence) as a result 20
of the expiry of the licence, but only where the licence has 21
been expired for a period of more than 6 months, or 22
(v) the person (in this jurisdiction or elsewhere) has been 23
disqualified from driving, or 24
(vi) the person has never obtained a relevant applicable driver 25
licence, or 26
(c) the motor vehicle is being driven for hire or reward, or in the 27
course of any trade or business, as a public passenger vehicle 28
within the meaning of the Passenger Transport Act 1990, or 29
(d) the motor vehicle is a coach, or 30
(e) the motor vehicle is a motor vehicle that has a GVM exceeding 31
13.9 tonnes, or 32
(f) the motor vehicle is being used in combination with a trailer in 33
circumstances where the motor vehicle and trailer combination 34
has a GCM exceeding 13.9 tonnes, or 35
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(g) the motor vehicle (or any trailer being towed by the motor 1
vehicle): 2
(i) is required, because it carries dangerous goods within the 3
meaning of the Dangerous Goods (Road and Rail 4
Transport) Act 2008, to have a sign exhibited on it by 5
regulations under that Act, or under any code prescribed 6
for the purposes of this paragraph by statutory rules under 7
this Act, or 8
(ii) carries any radioactive substance within the meaning of the 9
Radiation Control Act 1990. 10
(3) Meaning of "special category supervisor" 11
For the purposes of this Part, a person is a special category supervisor 12
in respect of a motor vehicle if, were the person driving the motor 13
vehicle, the person would be a special category driver in respect of the 14
motor vehicle. 15
108 Prescribed concentrations of alcohol (cf STM Act, s 8A) 16
In this Part: 17
novice range prescribed concentration of alcohol means a 18
concentration of more than zero grams, but less than 0.02 grams, of 19
alcohol in 210 litres of breath or 100 millilitres of blood. 20
special range prescribed concentration of alcohol means a 21
concentration of 0.02 grams or more, but less than 0.05 grams, of 22
alcohol in 210 litres of breath or 100 millilitres of blood. 23
low range prescribed concentration of alcohol means a concentration 24
of 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres 25
of breath or 100 millilitres of blood. 26
middle range prescribed concentration of alcohol means a 27
concentration of 0.08 grams or more, but less than 0.15 grams, of 28
alcohol in 210 litres of breath or 100 millilitres of blood. 29
high range prescribed concentration of alcohol means a concentration 30
of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres 31
of blood. 32
109 Measurement of alcohol concentrations (cf STM Act, s 8B) 33
(1) For the purposes of this Act, the concentration of alcohol present in a 34
person's breath or blood may be expressed as follows: 35
(a) in the case of a sample of breath that is measured by a breath 36
analysing instrument or other breath testing device that provides 37
a reading or result by reference to alcohol present in the breath-- 38
the amount of alcohol in grams in 210 litres of breath, 39
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(b) in the case of a sample of breath that is measured by a breath 1
analysing instrument or other breath testing device that provides 2
a reading or result by reference to alcohol present in the blood-- 3
the amount of alcohol in grams in 100 millilitres of blood, 4
(c) in the case of a sample of blood--the amount of alcohol in grams 5
in 100 millilitres of blood. 6
(2) An amount of alcohol in grams present in breath when measured by 7
reference to 210 litres of breath is equivalent to the same amount of 8
alcohol in grams present in blood when measured by reference to 9
100 millilitres of blood. 10
(3) Accordingly, any offence against this Act relating to the presence of a 11
specified concentration of alcohol in a person's breath or blood at the 12
time of the occurrence of a particular event is a single offence regardless 13
of whether the concentration of alcohol concerned is measured by 14
reference to the amount of alcohol present in breath or in blood (or 15
both). 16
Division 2 Offences involving alcohol or other drugs 17
110 Presence of prescribed concentration of alcohol in person's breath or 18
blood (cf STM Act, ss 9, 10, 11 and 11A) 19
(1) Offence--novice range prescribed concentration of alcohol 20
A novice driver must not, while there is present in the driver's breath or 21
blood the novice range prescribed concentration of alcohol: 22
(a) drive the motor vehicle, or 23
(b) occupy the driving seat of the motor vehicle and attempt to put 24
the motor vehicle in motion. 25
Maximum penalty: 10 penalty units (in the case of a first offence) or 26
20 penalty units (in the case of a second or subsequent offence). 27
(2) Offence--special range prescribed concentration of alcohol 28
A person must not, while there is present in the person's breath or blood 29
the special range prescribed concentration of alcohol: 30
(a) if the person is a special category driver in respect of a motor 31
vehicle--drive the motor vehicle, or 32
(b) if the person is a special category driver in respect of a motor 33
vehicle--occupy the driving seat of a motor vehicle and attempt 34
to put the motor vehicle in motion, or 35
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Chapter 5 Safety and traffic management
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(c) if the person is a special category supervisor in respect of a motor 1
vehicle and the holder of an applicable driver licence (other than 2
an applicable provisional licence or applicable learner licence)-- 3
occupy the seat in a motor vehicle next to a learner driver who is 4
driving the vehicle. 5
Maximum penalty: 10 penalty units (in the case of a first offence) or 6
20 penalty units (in the case of a second or subsequent offence). 7
(3) Offence--low range prescribed concentration of alcohol 8
A person must not, while there is present in the person's breath or blood 9
the low range prescribed concentration of alcohol: 10
(a) drive a motor vehicle, or 11
(b) occupy the driving seat of a motor vehicle and attempt to put the 12
motor vehicle in motion, or 13
(c) if the person is the holder of an applicable driver licence (other 14
than an applicable provisional licence or applicable learner 15
licence)--occupy the seat in a motor vehicle next to a learner 16
driver who is driving the vehicle. 17
Maximum penalty: 10 penalty units (in the case of a first offence) or 18
20 penalty units (in the case of a second or subsequent offence). 19
(4) Offence--middle range prescribed concentration of alcohol 20
A person must not, while there is present in the person's breath or blood 21
the middle range prescribed concentration of alcohol: 22
(a) drive a motor vehicle, or 23
(b) occupy the driving seat of a motor vehicle and attempt to put the 24
motor vehicle in motion, or 25
(c) if the person is the holder of an applicable driver licence (other 26
than an applicable provisional licence or applicable learner 27
licence)--occupy the seat in a motor vehicle next to a learner 28
driver who is driving the vehicle. 29
Maximum penalty: 20 penalty units or imprisonment for 9 months or 30
both (in the case of a first offence) or 30 penalty units or imprisonment 31
for 12 months or both (in the case of a second or subsequent offence). 32
(5) Offence--high range prescribed concentration of alcohol 33
A person must not, while there is present in the person's breath or blood 34
the high range prescribed concentration of alcohol: 35
(a) drive a motor vehicle, or 36
(b) occupy the driving seat of a motor vehicle and attempt to put the 37
motor vehicle in motion, or 38
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(c) if the person is the holder of an applicable driver licence (other 1
than an applicable provisional licence or applicable learner 2
licence)--occupy the seat in a motor vehicle next to a learner 3
driver who is driving the vehicle. 4
Maximum penalty: 30 penalty units or imprisonment for 18 months or 5
both (in the case of a first offence) or 50 penalty units or imprisonment 6
for 2 years or both (in the case of a second or subsequent offence). 7
Note. Division 1 of Part 7.4 provides for the disqualification of persons from 8
holding driver licences for certain offences (including offences against this 9
section). 10
(6) Alternative verdicts for lesser offences 11
If the court on a prosecution of a person for an offence against any 12
subsection of this section is not satisfied that the offence is proven but 13
is satisfied that the person has committed an offence against any other 14
subsection of this section of a less serious nature, the court may acquit 15
the person of the offence with which the person is charged and find the 16
person guilty of an offence against the other subsection. The person is 17
liable to be punished accordingly. 18
(7) For the purposes of subsection (6): 19
(a) an offence against subsection (1), (2), (3) or (4) is of a less serious 20
nature than an offence against subsection (5), and 21
(b) an offence against subsection (1), (2) or (3) is of a less serious 22
nature than an offence against subsection (4), and 23
(c) an offence against subsection (1) or (2) is of a less serious nature 24
than an offence against subsection (3), and 25
(d) an offence against subsection (1) is of a less serious nature than 26
an offence against subsection (2). 27
(8) Presence of higher concentration of alcohol not defence 28
It is not a defence to a prosecution for an offence against a subsection 29
of this section if the defendant proves that, at the time the defendant 30
engaged in the conduct that is alleged to have contravened the 31
subsection, a greater concentration of alcohol was present in the 32
defendant's breath or blood than the prescribed concentration of alcohol 33
referred to in the subsection. 34
(9) Defence for offence relating to novice range prescribed concentration 35
of alcohol 36
It is a defence to a prosecution for an offence against subsection (1) if 37
the defendant proves to the court's satisfaction that, at the time the 38
defendant engaged in the conduct that is alleged to have contravened the 39
subsection, the presence in the defendant's breath or blood of the novice 40
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Part 5.1 Alcohol and other drug use
range prescribed concentration of alcohol was not caused (in whole or 1
in part) by any of the following: 2
(a) the consumption of an alcoholic beverage (otherwise than for the 3
purposes of religious observance), 4
(b) the consumption or use of any other substance (for example, food 5
or medicine) for the purpose of consuming alcohol. 6
111 Presence of certain drugs (other than alcohol) in oral fluid, blood or 7
urine (cf STM Act, s 11B) 8
(1) Presence of prescribed illicit drug in person's oral fluid, blood or urine 9
A person must not, while there is present in the person's oral fluid, 10
blood or urine any prescribed illicit drug: 11
(a) drive a motor vehicle, or 12
(b) occupy the driving seat of a motor vehicle and attempt to put the 13
motor vehicle in motion, or 14
(c) if the person is the holder of an applicable driver licence (other 15
than an applicable provisional licence or applicable learner 16
licence)--occupy the seat in a motor vehicle next to a learner 17
driver who is driving the vehicle. 18
Maximum penalty: 10 penalty units (in the case of a first offence) or 19
20 penalty units (in the case of a second or subsequent offence). 20
(2) If a person is charged with an offence against subsection (1): 21
(a) the court attendance notice may allege that more than one 22
prescribed illicit drug was present in the oral fluid, blood or urine 23
of the person and the proceedings are not liable to be dismissed 24
on the ground of uncertainty or duplicity if each of those drugs is 25
described in the court attendance notice, and 26
(b) the offence is proved if the court is satisfied beyond reasonable 27
doubt that there was present in the oral fluid, blood or urine of the 28
defendant: 29
(i) a drug described in the court attendance notice, or 30
(ii) a combination of drugs any one or more of which was or 31
were described in the court attendance notice. 32
(3) Presence of morphine or cocaine in person's blood or urine 33
A person must not, while there is present in the person's blood or urine 34
any morphine or cocaine: 35
(a) drive a motor vehicle, or 36
(b) occupy the driving seat of a motor vehicle and attempt to put the 37
motor vehicle in motion, or 38
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(c) if the person is the holder of an applicable driver licence (other 1
than an applicable provisional licence or applicable learner 2
licence)--occupy the seat in a motor vehicle next to a learner 3
driver who is driving the vehicle. 4
Maximum penalty: 10 penalty units (in the case of a first offence) or 5
20 penalty units (in the case of a second or subsequent offence). 6
(4) If a person is charged with an offence against subsection (3): 7
(a) the court attendance notice may allege that both morphine and 8
cocaine were present in the blood or urine of the person and the 9
proceedings are not liable to be dismissed on the ground of 10
uncertainty or duplicity if each of those drugs is described in the 11
court attendance notice, and 12
(b) the offence is proved if the court is satisfied beyond reasonable 13
doubt that there was present in the blood or urine of the 14
defendant: 15
(i) a drug described in the court attendance notice, or 16
(ii) a combination of drugs any one or more of which was or 17
were described in the court attendance notice. 18
(5) Defence for offence relating to presence of morphine in person's 19
blood or urine 20
It is a defence to a prosecution for an offence against subsection (3) if 21
the defendant proves to the court's satisfaction that, at the time the 22
defendant engaged in the conduct that is alleged to have contravened the 23
subsection, the presence in the defendant's blood or urine of morphine 24
was caused by the consumption of a substance for medicinal purposes. 25
(6) Meaning of consumption for medicinal purposes 26
In this section, a substance is consumed for medicinal purposes only if 27
it is: 28
(a) a drug prescribed by a medical practitioner taken in accordance 29
with a medical practitioner's prescription, or 30
(b) a codeine-based medicinal drug purchased from a pharmacy that 31
has been taken in accordance with the manufacturer's 32
instructions. 33
Note. Division 1 of Part 7.4 provides for the disqualification of persons from 34
holding driver licences for certain offences (including offences against this 35
section). 36
The offences of driving with a prescribed concentration of alcohol in the blood, 37
and of driving under the influence of alcohol or any other drug, are dealt with in 38
sections 110 and 112, respectively. 39
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112 Use or attempted use of a vehicle under the influence of alcohol or any 1
other drug (cf STM Act, s 12) 2
(1) A person must not, while under the influence of alcohol or any other 3
drug: 4
(a) drive a vehicle, or 5
(b) occupy the driving seat of a vehicle and attempt to put the vehicle 6
in motion, or 7
(c) if the person is the holder of an applicable driver licence (other 8
than an applicable provisional licence or applicable learner 9
licence)--occupy the seat in or on a motor vehicle next to a 10
learner driver who is driving the vehicle. 11
Maximum penalty: 12
(a) in the case of a first offence to which paragraph (a) or (b) 13
relates--20 penalty units or imprisonment for 9 months, or both, 14
or 15
(b) in the case of a second or subsequent offence to which paragraph 16
(a) or (b) relates--30 penalty units or imprisonment for 17
12 months, or both, or 18
(c) in the case of an offence to which paragraph (c) relates-- 19
20 penalty units. 20
(2) If a person is charged with an offence against subsection (1): 21
(a) the court attendance notice may allege the person was under the 22
influence of more than one drug and is not liable to be dismissed 23
on the ground of uncertainty or duplicity if each of those drugs is 24
described in the court attendance notice, and 25
(b) the offence is proved if the court is satisfied beyond reasonable 26
doubt that the defendant was under the influence of: 27
(i) a drug described in the court attendance notice, or 28
(ii) a combination of drugs any one or more of which was or 29
were described in the court attendance notice. 30
Note. Division 1 of Part 7.4 provides for the disqualification of persons from 31
holding driver licences for certain offences (including offences against this 32
section). 33
113 Detention of vehicle in certain cases (cf STM Act, s 31) 34
(1) A police officer may take charge of and remove any vehicle in respect 35
of which an offence against section 110 or 112 has been committed to 36
any convenient place for safe keeping. 37
(2) The court adjudicating may, if it is of the opinion that there was 38
reasonable cause for any such taking charge, removal and safe keeping, 39
order the costs, charges and expenses of it to be paid by the offender. 40
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114 Testing for alcohol and other drug use (cf STM Act, Divs 3-5 and 7 of Pt 2) 1
Schedule 3 contains provisions relating to the procedures for, and the 2
use of evidence obtained from, testing for alcohol or other drug use by 3
drivers and other road users. 4
Part 5.2 Speeding and other dangerous driving 5
Division 1 Speeding and other dangerous driving offences 6
115 Races, attempts on speed records and other speed trials (cf STM Act, 7
s 40) 8
(1) A person must not organise, promote or take part in: 9
(a) any race between vehicles on a road, or 10
(b) any attempt to break any vehicle speed record on a road, or 11
(c) any trial of the speed of a vehicle on a road, or 12
(d) any competitive trial designed to test the skill of any vehicle 13
driver or the reliability or mechanical condition of any vehicle on 14
a road, 15
unless the written approval of the Commissioner of Police to the 16
holding or making of the race, attempt or trial has been obtained. 17
Maximum penalty: 30 penalty units (in the case of a first offence) or 18
30 penalty units or imprisonment for 9 months or both (in the case of a 19
second or subsequent offence). 20
(2) The Commissioner of Police may: 21
(a) grant or refuse approval to the holding or making of a race, 22
attempt or trial referred to in subsection (1), and 23
(b) impose any condition (whether of general or limited application) 24
on the approval that the Commissioner considers necessary in the 25
interests of public safety and convenience. 26
Note. Part 7.8 allows a person aggrieved by a decision of the Commissioner of 27
Police under this section to appeal to the Local Court against the decision. 28
(3) A person taking part in (or the organiser or promoter) of any race, 29
attempt or trial referred to in subsection (1) must comply with any 30
condition imposed on an approval granted under subsection (2) in 31
respect of the race, attempt or trial. 32
Maximum penalty: 20 penalty units. 33
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(4) If a person is convicted by a court of an offence against this section in 1
relation to a motor vehicle or trailer: 2
(a) except as provided by paragraph (b)--the person is disqualified 3
from holding a driver licence by the conviction and without any 4
specific order of a court for 12 months, or 5
(b) if the court at the time of the conviction thinks fit to order a 6
shorter or a longer period of disqualification--the person is 7
disqualified from holding a driver licence for the period specified 8
in the order. 9
Note. Section 207 provides for the effect of a disqualification (whether or not by 10
order of a court). 11
(5) Any disqualification under this section is in addition to any penalty 12
imposed for the offence. 13
(6) This section does not apply to any test of the slow running of a vehicle. 14
116 Conduct associated with road and drag racing and other activities (cf 15
STM Act, s 41) 16
(1) A person must not operate a motor vehicle on a road in such a manner 17
as to cause the vehicle to undergo sustained loss of traction by one or 18
more of the driving wheels (or, in the case of a motor cycle, the driving 19
wheel) of the vehicle. 20
Maximum penalty: 10 penalty units. 21
(2) A person must not: 22
(a) operate a motor vehicle contrary to subsection (1) knowing that 23
any petrol, oil, diesel fuel or other inflammable liquid has been 24
placed on the surface of the road beneath one or more tyres of the 25
vehicle, or 26
(b) do, or omit to do, any other thing that prolongs, sustains, 27
intensifies or increases loss of traction as referred to in 28
subsection (1), or 29
(c) repeatedly operate a motor vehicle contrary to subsection (1), or 30
(d) operate a motor vehicle contrary to subsection (1) at a time, or on 31
a road in a place, knowing that there is an appreciable risk that 32
operation of the vehicle in that manner at that time and place is 33
likely to interfere with the amenity of the locality or the peaceful 34
enjoyment of any person in the locality or make the place unsafe 35
for any person in the locality, or 36
(e) willingly participate in any group activity involving the operation 37
of one or more vehicles contrary to subsection (1), or 38
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(f) organise, promote or urge any person to participate in, or view, 1
any group activity involving the operation of one or more 2
vehicles contrary to subsection (1), or 3
(g) photograph or film a motor vehicle being operated contrary to 4
subsection (1) for the purpose of organising or promoting the 5
participation of persons in any such group activity. 6
Maximum penalty: 30 penalty units (in the case of a first offence) or 7
30 penalty units or imprisonment for 9 months or both (in the case of a 8
second or subsequent offence). 9
(3) It is a defence to a prosecution for an offence against subsection (1) or 10
(2) if the defendant proves to the court's satisfaction that the vehicle, 11
although operated as referred to in subsection (1), was not so operated 12
deliberately. 13
(4) A person must not, on a road, engage in conduct prescribed by statutory 14
rules made for the purposes of this section, being conduct associated 15
with the operation of a motor vehicle for speed competitions or other 16
activities specified or described in the statutory rules. 17
Maximum penalty: 5 penalty units. 18
(5) Nothing in this section applies to the operation of a motor vehicle for 19
the purposes of a race, attempt or trial undertaken in accordance with an 20
approval given under section 115 by the Commissioner of Police. 21
(6) In considering whether an offence has been committed under subsection 22
(2) (d), the court is to have regard to all the circumstances of the case, 23
including the following: 24
(a) the nature and use of the road on which the offence is alleged to 25
have been committed, 26
(b) the nature and use of any premises in the locality of the road in 27
which the offence is alleged to have been committed. 28
(7) A person who is convicted by a court of an offence against subsection 29
(2) (a), (b), (c) or (d) in relation to a motor vehicle is disqualified from 30
holding a driver licence by the conviction and without any specific 31
order of the court for 12 months. 32
(8) Any disqualification under this section is in addition to any penalty 33
imposed for the offence. 34
117 Negligent, furious or reckless driving (cf STM Act, s 42) 35
(1) A person must not drive a motor vehicle on a road negligently. 36
Maximum penalty: 37
(a) if the driving occasions death--30 penalty units or imprisonment 38
for 18 months or both (in the case of a first offence) or 50 penalty 39
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units or imprisonment for 2 years or both (in the case of a second 1
or subsequent offence), or 2
(b) if the driving occasions grievous bodily harm--20 penalty units 3
or imprisonment for 9 months or both (in the case of a first 4
offence) or 30 penalty units or imprisonment for 12 months or 5
both (in the case of a second or subsequent offence), or 6
(c) if the driving does not occasion death or grievous bodily harm-- 7
10 penalty units. 8
(2) A person must not drive a motor vehicle on a road furiously, recklessly 9
or at a speed or in a manner dangerous to the public. 10
Maximum penalty: 20 penalty units or imprisonment for 9 months or 11
both (in the case of a first offence) or 30 penalty units or imprisonment 12
for 12 months or both (in the case of a second or subsequent offence). 13
(3) In considering whether an offence has been committed under this 14
section, the court is to have regard to all the circumstances of the case, 15
including the following: 16
(a) the nature, condition and use of the road on which the offence is 17
alleged to have been committed, 18
(b) the amount of traffic that actually is at the time, or which might 19
reasonably be expected to be, on the road. 20
(4) In this section: 21
grievous bodily harm includes any permanent or serious disfigurement. 22
118 Menacing driving (cf STM Act, s 43) 23
(1) Offence--intent to menace 24
A person must not drive a motor vehicle on a road in a manner that 25
menaces another person with the intention of menacing that other 26
person. 27
Maximum penalty: 30 penalty units or imprisonment for 18 months or 28
both (in the case of a first offence) or 50 penalty units or imprisonment 29
for 2 years or both (in the case of a second or subsequent offence). 30
(2) Offence--possibility of menace 31
A person must not drive a motor vehicle on a road in a manner that 32
menaces another person if the person ought to have known that the other 33
person might be menaced. 34
Maximum penalty: 20 penalty units or imprisonment for 12 months or 35
both (in the case of a first offence) or 30 penalty units or imprisonment 36
for 18 months or both (in the case of a second or subsequent offence). 37
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(3) Application of section 1
This section applies: 2
(a) whether the other person is menaced by a threat of personal injury 3
or by a threat of damage to property, and 4
(b) whether or not that person or that property is on a road. 5
(4) Defence 6
A person is not guilty of an offence against this section if the person 7
could not, in the circumstances, reasonably avoid menacing the other 8
person. 9
(5) Double jeopardy 10
A person is not liable to be convicted of: 11
(a) both an offence against subsection (1) and an offence against 12
subsection (2), or 13
(b) both an offence against this section and an offence against 14
section 117, 15
arising out of a single incident. 16
Division 2 Speed measuring evasion articles 17
119 Sale, purchase or use of prohibited speed measuring evasion articles 18
(cf STM Act, s 48) 19
(1) A person must not sell or offer for sale, or purchase, a prohibited speed 20
measuring evasion article. 21
Maximum penalty: 20 penalty units. 22
(2) A person must not drive a motor vehicle, or cause a motor vehicle or 23
trailer to stand, on a road if a prohibited speed measuring evasion article 24
is fitted or applied to, or carried in, the vehicle or trailer. 25
Maximum penalty: 20 penalty units. 26
(3) The responsible person for a motor vehicle or trailer that is driven or 27
stands on a road in contravention of subsection (2) is guilty of an 28
offence. 29
Maximum penalty: 20 penalty units. 30
(4) It is a defence to a prosecution for an offence against this section if the 31
defendant proves to the court's satisfaction that the article concerned 32
was not designed as a prohibited speed measuring evasion article but 33
was designed for another purpose. 34
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(5) It is a defence to a prosecution for an offence against subsection (2) or 1
(3) if the defendant proves to the court's satisfaction that, at the time of 2
the alleged offence: 3
(a) the vehicle was in the course of a journey to a place appointed by 4
a police officer, an officer of the Authority or a court, in order to 5
surrender the article, or 6
(b) the vehicle was the subject of a notice, issued in accordance with 7
the statutory rules, requiring the responsible person for the 8
vehicle to remove the article from the vehicle within a specified 9
time and that time had not expired, or 10
(c) the defendant did not know, and in the circumstances could not 11
reasonably be expected to have known, that the article concerned 12
was fitted or applied to, or was being carried in, the vehicle or 13
trailer. 14
120 Surrender and forfeiture of prohibited speed measuring evasion articles 15
(cf STM Act, s 49) 16
(1) A police officer who reasonably believes that: 17
(a) a prohibited speed measuring evasion article is being sold or 18
offered for sale in contravention of section 119 (1), or 19
(b) a motor vehicle or trailer is standing or being driven in 20
contravention of section 119 (2) because of an article fitted or 21
applied to, or carried in, the motor vehicle or trailer, 22
may require a person in possession of the article to surrender it 23
immediately to the police officer or, in the case of an article fitted or 24
applied to a motor vehicle or trailer and not immediately removable, 25
may by notice in writing served on the responsible person for the 26
vehicle or trailer require the responsible person to surrender the article 27
within a specified time and in a specified manner to the Commissioner 28
of Police. 29
(2) An officer of the Authority who is authorised in writing by the 30
Authority for the purposes of this section and who finds a prohibited 31
speed measuring evasion article fitted or applied to, or carried in, a 32
motor vehicle or trailer may, by notice in writing served on the 33
responsible person for the motor vehicle or trailer, require the person to 34
do either or both of the following: 35
(a) remove the article (if it is fitted to the motor vehicle or trailer), 36
(b) surrender the article within a specified time and in a specified 37
manner to the Commissioner of Police. 38
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(3) A person must comply with a requirement under subsection (1) or (2), 1
whether or not the person is the owner of the article concerned. 2
Maximum penalty: 20 penalty units. 3
(4) A court that finds any person guilty of an offence against section 119 or 4
under subsection (3) may order that the article concerned, if not already 5
surrendered in compliance with a requirement under this section, be 6
delivered to the Commissioner of Police within a time and in a manner 7
specified by the court. 8
(5) An article surrendered as required under this section is forfeited to the 9
Crown and may be destroyed or otherwise disposed of at the direction 10
of the Commissioner of Police. 11
(6) No liability attaches to any person on account of the surrender by the 12
person, in compliance with a requirement under this section, of a 13
prohibited speed measuring evasion article of which that person is not 14
the absolute owner. 15
Part 5.3 Traffic control and monitoring 16
Division 1 Interpretation 17
121 Definitions (STM Act, s 50) 18
In this Part: 19
camera device means a device that is capable of taking photographs 20
(whether or not in the form of digitised, electronic or 21
computer-generated images). 22
installation of a prescribed traffic control device includes the painting 23
or formation of any marks or structure that constitute, or form part of, 24
the device. 25
prescribed traffic control device means a sign, signal, marking, 26
structure or other device to direct or warn traffic on a road (or part of a 27
road) that is prescribed by the statutory rules for the purposes of this 28
definition. 29
speeding offence means an offence against this Act or the statutory 30
rules of failing to obey a speed limit (including an average speed limit 31
calculated in accordance with Division 3), and includes: 32
(a) an offence against regulations made for the purposes of 33
section 11C of the Road Transport (Vehicle and Driver 34
Management) Act 2005, and 35
(b) a speed limiter offence. 36
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traffic control authority means: 1
(a) the Authority, or 2
(b) the Commissioner of Police, or 3
(c) any other person (or person belonging to a class or description of 4
persons) prescribed by the statutory rules for the purposes of this 5
definition. 6
Division 2 Use of prescribed traffic control devices 7
122 Appropriate authority for the purposes of this Division (STM Act, s 51) 8
For the purposes of this Division, a person has appropriate authority to 9
install or display (or to interfere with, alter or remove) a prescribed 10
traffic control device if: 11
(a) the person is a public authority that has been directed by the 12
Authority under Division 1C of Part 6 of the Transport 13
Administration Act 1988 to install or display (or to interfere with, 14
alter or remove) the device, or 15
(b) the person is authorised in writing by the Authority to install or 16
display (or to interfere with, alter or remove) the device, or 17
(c) the person is permitted or required to remove the device by or 18
under section 124. 19
Note. Division 1C of Part 6 of the Transport Administration Act 1988 enables the 20
Authority to give certain public authorities directions in respect of safety and 21
traffic management. 22
123 Unauthorised prescribed traffic control devices (STM Act, s 52) 23
(1) A person must not, without appropriate authority: 24
(a) install or display a prescribed traffic control device on, above or 25
near a road, or 26
(b) interfere with, alter or remove any prescribed traffic control 27
device installed or displayed on, above or near a road. 28
Maximum penalty: 20 penalty units. 29
(2) A person must not install or display on, above or near a road any sign, 30
signal, marking, structure or other device that might reasonably be 31
mistaken to be a prescribed traffic control device. 32
Maximum penalty: 20 penalty units. 33
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124 Removal of unauthorised prescribed traffic control devices (STM Act, 1
s 53) 2
(1) A traffic control authority (or a person authorised by any such authority) 3
may direct any person who contravenes section 123 to remove, within a 4
time specified by the authority when giving the direction, the sign, 5
signal, marking, structure or other device in respect of which the 6
contravention took place. 7
(2) A person to whom a direction is given under subsection (1) must 8
comply with the direction. 9
Maximum penalty: 20 penalty units. 10
(3) Without affecting any liability of any person under section 123 or 11
subsection (2), a traffic control authority may remove, or cause to be 12
removed, any sign, signal, marking, structure or other device installed 13
or displayed in contravention of section 123. 14
125 Cost of removal of prescribed traffic control device (STM Act, s 54) 15
(1) A traffic control authority may, by proceedings brought in a court of 16
competent jurisdiction, recover the expenses that the authority has 17
incurred in exercising the functions conferred by section 124 as a debt 18
from the person who (without appropriate authority) installed or 19
displayed the sign, signal, marking, structure or other device concerned. 20
(2) A certificate that is issued on behalf of a traffic control authority by a 21
person prescribed by the statutory rules (or by a person belonging to a 22
class of persons so prescribed) and that states that a specified amount 23
represents the costs incurred by the authority in carrying out specified 24
work or in taking specified action for the purposes of section 124, is 25
admissible in any such proceedings and is prima facie evidence of the 26
fact or facts so stated. 27
126 Prescribed traffic control devices generally presumed to be lawful (STM 28
Act, s 55) 29
In proceedings for an offence against this Act or the statutory rules 30
(other than an offence against section 123 (1)), a prescribed traffic 31
control device that is installed or displayed on, above or near a road is 32
conclusively presumed to have been lawfully installed or displayed 33
there under this Act. 34
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Division 3 Use of average speeds to prove speeding offences 1
127 Definitions (cf STM Act, s 43A (10)) 2
In this Division: 3
approved certifier means: 4
(a) in relation to certifying distances for the purposes of this 5
Division--a registered land surveyor within the meaning of the 6
Surveying and Spatial Information Act 2002, and 7
(b) in relation to certifying any other matter for the purposes of this 8
Division--a person (or a person belonging to a class of persons) 9
authorised by the Authority to issue certificates for the purposes 10
of this Division. 11
detection points means the different points on a road by reference to 12
which the average speed of a heavy vehicle is proposed to be calculated 13
for the purposes of this Division. 14
journey time, in relation to a heavy vehicle between detection points, 15
means the total time that elapsed between the heavy vehicle passing the 16
first and last detection points. 17
road does not include a road related area. 18
shortest practicable distance between detection points on a road means 19
the shortest distance between those points that a driver of a heavy 20
vehicle could have used to travel between the points without 21
contravening any road rules applicable to the driver under this Act. 22
128 When Division may be relied on (cf STM Act, s 43A (1)) 23
A person who brings proceedings for a speeding offence involving a 24
heavy vehicle may, in accordance with this Division, rely on evidence 25
of the average speed of the vehicle between detection points as evidence 26
of the actual speed of the vehicle in order to establish the offence. 27
129 Evidence and other matters that may be relied on (cf STM Act, s 43A (2) and 28
(3)) 29
(1) The following provisions apply in relation to proceedings for a speeding 30
offence involving a heavy vehicle in which the person bringing the 31
proceedings seeks to rely on evidence of the average speed of the 32
vehicle: 33
(a) the average speed of the heavy vehicle calculated in accordance 34
with this Division is admissible and is prima facie evidence of the 35
actual speed at which a driver of the vehicle drove the vehicle on 36
a road between the detection points, 37
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(b) if there was more than one driver of the heavy vehicle between 1
the detection points--each driver is taken to have driven the 2
heavy vehicle at the average speed of the vehicle calculated in 3
accordance with this Division, except as provided by 4
subsection (2), 5
(c) if more than one speed limit applied to a driver of the heavy 6
vehicle between the detection points and the speeding offence is 7
not a speed limiter offence: 8
(i) the average speed limit for the driver on a road between the 9
points calculated in accordance with this Division is taken 10
(subject to section 133 (2)) to be the speed limit that 11
applied to the driver at all times on the road between those 12
points, and 13
(ii) a driver of (and any responsible person for) the vehicle 14
may be dealt with under the road transport legislation 15
accordingly, 16
(d) the heavy vehicle and any of its drivers are, for the purposes of 17
calculating the vehicle's average speed and any average speed 18
limit, taken to have travelled between the detection points by 19
means of the shortest practicable distance between those points 20
regardless of the actual route taken by any of the drivers between 21
the points. 22
(2) Subsection (1) (b) does not apply in relation to any driver of a heavy 23
vehicle if the driver establishes any ground of exculpation prescribed by 24
the statutory rules. The statutory rules may also provide for the kinds of 25
evidence that may be used in connection with establishing any such 26
ground of exculpation (for example, the provision of a statutory 27
declaration). 28
130 How average speed is to be calculated (cf STM Act, s 43A (4)) 29
The average speed of a heavy vehicle between detection points is to be 30
calculated in accordance with the following formula (and expressed in 31
kilometres per hour rounded down to the next whole number): 32
D T 3600
------------------------
-
T
where: 33
DT is the total shortest practicable distance (expressed in kilometres and 34
rounded down to 2 decimal places) that could have been travelled by the 35
vehicle on a road between the detection points. 36
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T is the journey time (expressed in seconds) of the vehicle between the 1
detection points. 2
131 How average speed limit is to be calculated (cf STM Act, s 43A (5)) 3
The average speed limit for a driver of a heavy vehicle on a road 4
between detection points in circumstances where more than one speed 5
limit applied to the driver between those points is to be calculated in 6
accordance with the following formula (and expressed in kilometres per 7
hour rounded up to the next whole number): 8
DT
---------------------------------------
-
D1 D2 Dn
------ + ------ + ------
S1 S2 Sn
where: 9
DT is the total shortest practicable distance (expressed in kilometres and 10
rounded down to 2 decimal places) that could be travelled by the vehicle 11
on a road between the detection points. 12
D1, D2 ... Dn are each part of the total shortest practicable distance DT 13
between the detection points (expressed in kilometres and rounded 14
down to 2 decimal places) for the different speed limits S1, S2 ... Sn that 15
would have applied to a driver of the vehicle between the detection 16
points. 17
S1, S2 ... Sn are each of the speed limits (expressed in kilometres per 18
hour) that would have applied to a driver of the vehicle if the vehicle 19
were travelling along the shortest practicable distance DT on a road 20
between the detection points. 21
132 Certificate evidence concerning average speed calculations (cf STM Act, 22
s 43A (6)) 23
Any certificates purportedly signed by an approved certifier for the 24
matters concerned that certify any one or more of the following matters 25
may be tendered in proceedings for a speeding offence involving a 26
heavy vehicle in which the person bringing the proceedings seeks to 27
rely on the vehicle's average speed and are admissible in the 28
proceedings and are prima facie evidence of any of the matters that are 29
certified: 30
(a) the shortest practicable distance, expressed in kilometres and 31
rounded down to 2 decimal places, that could be travelled by a 32
vehicle on a road between the detection points, 33
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(b) if more than one speed limit applied to a driver of a vehicle 1
between the detection points (measured along that shortest 2
practicable distance): 3
(i) each distance for which each speed limit applied to the 4
driver, expressed in kilometres and rounded down to 5
2 decimal places, and 6
(ii) the average speed limit calculated in accordance with this 7
Division that applied to the driver between the points 8
(including an average speed limit calculated in accordance 9
with this Division using computer programs or electronic 10
equipment), 11
(c) the average speed calculated in accordance with this Division at 12
which a vehicle travelled between the points (including an 13
average speed calculated in accordance with this Division using 14
computer programs or electronic equipment). 15
133 Relationship of Division with other laws (cf STM Act, s 43A (7)-(9)) 16
(1) This Division is in addition to, and does not derogate from, any other 17
mode of proof of the speed of a heavy vehicle. 18
(2) Without limiting subsection (1), a court in proceedings for a speeding 19
offence in which the person bringing the proceedings is seeking to rely 20
on evidence of the average speed of the vehicle may convict a person of 21
the offence relying on evidence of the actual speed of the vehicle at a 22
particular point of its journey between detection points (instead of 23
evidence of an average speed or average speed limit) if the court is 24
satisfied that: 25
(a) evidence in the proceedings (other than evidence establishing the 26
average speed) establishes the actual speed at which the driver 27
was driving, and the actual speed limit that applied to the driver, 28
at that point, and 29
(b) the use of the actual speed and actual speed limit rather than the 30
average speed (and, where relevant, the average speed limit) 31
demonstrates that the driver exceeded the speed limit by a greater 32
speed than that indicated by the use of the average speed or 33
average speed limit. 34
Note. Assume, for example, that the average speed of a heavy vehicle 35
calculated in accordance with this Division between detection points is 36
120 kilometres per hour along a length of road for which the speed limit is 37
90 kilometres per hour. The use of the average speed of the vehicle indicates 38
that the speed limit was exceeded by 30 kilometres per hour. 39
Assume, as well, that a police officer also measured the speed of the vehicle at 40
some point during the same journey at 130 kilometres per hour using an 41
approved traffic enforcement device. Using the police officer's measurement, 42
the driver was exceeding the speed limit by 40 kilometres per hour at that point. 43
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A court in proceedings to which this Division applies may rely on evidence 1
obtained by the police officer rather than the average speed to convict a person 2
of the speeding offence. 3
(3) For the avoidance of doubt, the validity of an immediate licence 4
suspension notice given for a speeding offence may not be challenged 5
or called into question in any proceedings only because the average 6
speed that is relied on in proceedings or a penalty notice for the offence 7
is less than a speed for which an immediate licence suspension notice 8
may be issued. 9
Division 4 Approval of traffic enforcement devices 10
134 Approval of devices by Governor (cf STM Act, ss 44, 45, 47A, 56, 57A and 57C) 11
(1) The Governor may, by order published in the Gazette, approve types of 12
devices (or combinations of types of devices) as being designed for any 13
one or more of the following uses: 14
(a) measuring the speed at which a vehicle is travelling (whether or 15
not the vehicle concerned is also photographed), 16
(b) photographing a vehicle that is driven in excess of a speed limit 17
applicable to a length of road, 18
(c) photographing a vehicle at a point during its journey between 19
different points on a road for use in calculating the vehicle's 20
average speed between those points, 21
(d) photographing a vehicle that is driven in contravention of a traffic 22
light signal displaying a red circle or a red arrow, 23
(e) photographing a vehicle that is driven in a traffic lane on a road. 24
Note. The Governor may amend, rescind, revoke or repeal an order made 25
under this section. See section 43 of the Interpretation Act 1987 and the 26
definition of repeal in section 21 of that Act. 27
(2) A camera device may not be approved for use under this section unless 28
the device is capable of recording the following information on or with 29
any photograph taken by the device: 30
(a) the date on which the photograph is taken, 31
(b) the time and location at which the photograph is taken, 32
(c) the direction in which the vehicle activating the camera device is 33
travelling (that is, towards or away from the device), 34
(d) in the case of a device that photographs a vehicle that is driven in 35
excess of the speed limit at a particular point on a length of road: 36
(i) the speed at which the vehicle is travelling, and 37
(ii) the speed limit that applies to the length of road at which 38
the photograph is taken, 39
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(e) in the case of a device that photographs a vehicle driven in 1
contravention of a traffic light signal: 2
(i) the lane in which the vehicle activating the camera device 3
is travelling, and 4
(ii) the interval during which a red circle or red arrow has been 5
continuously displayed by the traffic light signal 6
immediately before the photograph is taken, 7
(f) in the case of a device that photographs a vehicle that is driven in 8
a traffic lane: 9
(i) the lane in which a vehicle activating the camera device is 10
travelling, and 11
(ii) the kind of traffic lane in which a vehicle activating the 12
camera device is travelling, 13
(g) such other information as may be prescribed by the statutory 14
rules (whether generally or for a specified kind of device or 15
enforcement use). 16
(3) The Minister may not recommend the making of an order by the 17
Governor under this section approving the use of a device for measuring 18
the speed at which a vehicle is travelling (other than an average speed) 19
without the concurrence of the Attorney General. 20
Division 5 Use of evidence obtained from approved traffic 21
enforcement devices 22
135 Definitions (cf STM Act, ss 47 (7), 47B (4), 57 (1) and 57B (1); VR Act, s 22C (1)) 23
(1) In this Division: 24
appropriate inspection officer means: 25
(a) in relation to an approved traffic enforcement device that 26
measures the speed at which a vehicle is travelling but is not used 27
in conjunction with, or as part of, a digital camera device: 28
(i) a police officer, or 29
(ii) a person authorised by the Commissioner of Police to test 30
a device of that kind, or 31
(b) in relation to any other kind of approved traffic enforcement 32
device--a person (or a person belonging to a class of persons) 33
authorised by the Authority to install and inspect devices of the 34
kind concerned. 35
detectable traffic offence means any of the following kinds of offences: 36
(a) a speeding offence, 37
(b) a traffic light offence, 38
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(c) a public transport lane offence. 1
digital camera device means a camera device that is capable of 2
recording photographs in the form of digitised, electronic or 3
computer-generated images. 4
public transport lane offence means an offence against this Act or the 5
statutory rules that: 6
(a) involves driving a vehicle in a traffic lane on a road that is 7
dedicated by or under this Act (whether continuously or at 8
particular times) primarily for the use of coaches regardless of 9
whether certain other vehicles, such as emergency vehicles, are 10
also permitted to use the lane, and 11
(b) is of a kind prescribed by the statutory rules. 12
traffic light offence means an offence against this Act or the statutory 13
rules of contravening a traffic light signal displaying a red circle or a red 14
arrow. 15
unauthorised vehicle use offence means any of the following offences: 16
(a) an offence against section 68 (Prohibition on using unregistered 17
registrable vehicles), 18
(b) an offence against section 8 (Offence of using uninsured motor 19
vehicle on road) of the Motor Accidents Compensation Act 1999, 20
(c) an offence against the statutory rules involving a prohibited use 21
of a registrable vehicle that is prescribed by the statutory rules for 22
the purposes of this definition. 23
(2) For the purposes of this Act: 24
(a) an approved traffic enforcement device is approved for average 25
speed detection if it is approved under section 134 for the use 26
referred to in section 134 (1) (c), and 27
(b) an approved traffic enforcement device is approved for excess 28
speed imaging if it is approved under section 134 for the use 29
referred to in section 134 (1) (b), and 30
(c) an approved traffic enforcement device is approved for speed 31
measurement if it is approved under section 134 for the use 32
referred to in section 134 (1) (a), and 33
(d) an approved traffic enforcement device is approved for red 34
traffic light detection if it is approved under section 134 for the 35
use referred to in section 134 (1) (d), and 36
(e) an approved traffic enforcement device is approved for traffic 37
lane use detection if it is approved under section 134 for the use 38
referred to in section 134 (1) (e). 39
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136 Evidence of speed recorded by speed measurement devices (cf STM Act, 1
s 47 (1)) 2
Evidence may be given in proceedings for a speeding offence of a 3
measurement of speed obtained and recorded by an approved traffic 4
enforcement device that is approved for speed measurement. 5
137 Certificates concerning reliability of speed measurement devices (cf 6
STM Act, s 46 (1)) 7
In proceedings for a speeding offence in which evidence is given of a 8
measurement of speed obtained from an approved traffic enforcement 9
device that is approved for speed measurement, a certificate purporting 10
to be signed by an appropriate inspection officer for the device 11
certifying the following matters is admissible and is prima facie 12
evidence of those matters: 13
(a) that the device is an approved traffic enforcement device that is 14
approved for speed measurement, 15
(b) that on a day specified in the certificate (being within the period 16
prescribed by the statutory rules before the alleged time of the 17
offence) the device was tested in accordance with the statutory 18
rules and sealed by an appropriate inspection officer for the 19
device, 20
(c) that on that day the device was accurate and operating properly. 21
138 Admissibility of photographs taken by devices--generally (cf STM Act, 22
ss 47 (2)-(5), 47B (1) and (2), 57 (2) and (3) and 57B (2)-(4)) 23
(1) In proceedings for a detectable traffic offence, any one or more 24
photographs that are tendered in evidence on any of the following bases 25
are admissible in the proceedings: 26
(a) if the proceedings concern a speeding offence in which evidence 27
of an average speed is relied on--photographs that are tendered 28
as: 29
(i) being photographs taken by means of the operation, on a 30
day or days specified on the photographs, of approved 31
traffic enforcement devices that are approved for average 32
speed detection installed at the locations specified on the 33
photographs, and 34
(ii) if the photographs are taken by digital camera devices-- 35
each bearing a security indicator of a kind prescribed by 36
the statutory rules, 37
(b) in the case of proceedings for a speeding offence in which 38
evidence of an average speed is not relied on--a photograph that 39
is tendered as: 40
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(i) being taken by an approved traffic enforcement device that 1
is approved for excess speed imaging on a day and at a 2
location specified on the photograph, and 3
(ii) if the photograph is taken by a digital camera device-- 4
bearing a security indicator of a kind prescribed by the 5
statutory rules, 6
(c) in the case of proceedings for a traffic light offence--a 7
photograph that is tendered as: 8
(i) being taken by means of the operation, on a day specified 9
on the photograph, of an approved traffic enforcement 10
device that is approved for red traffic light detection 11
installed at a location specified on the photograph, and 12
(ii) if the photograph is taken by a digital camera device-- 13
bearing a security indicator of a kind prescribed by the 14
statutory rules, 15
(d) in the case of proceedings for a public transport lane offence--a 16
photograph or photographs that are tendered as: 17
(i) being taken by means of the operation, on a day specified 18
on the photograph or photographs, of an approved traffic 19
enforcement device or devices that are approved for traffic 20
lane use detection installed at a location or locations 21
specified on the photograph or photographs, and 22
(ii) if the photograph or photographs are taken by a digital 23
camera device--each bearing a security indicator of a kind 24
prescribed by the statutory rules. 25
(2) If one or more photographs are tendered in evidence as referred to in 26
subsection (1), a certificate purporting to be signed by an appropriate 27
inspection officer in relation to the approved traffic enforcement device 28
concerned that certifies the following matters is also to be tendered in 29
evidence: 30
(a) that the person is an appropriate inspection officer in relation to 31
the device, 32
(b) that on a day and at a time specified in the certificate (being 33
within the period prescribed by the statutory rules, whether for a 34
specified kind of device or generally, before the time recorded on 35
the photograph or the earliest photograph as the time at which 36
that photograph was taken), the person carried out the inspection 37
specified in the certificate on the approved traffic enforcement 38
device by means of which the photograph was taken, 39
(c) that on that inspection the device was found to be operating 40
correctly. 41
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(3) A single certificate may be tendered in proceedings for a public 1
transport lane offence for the purposes of subsection (2) if more than 2
one photograph taken by an approved traffic enforcement device is 3
tendered in evidence, but only if: 4
(a) each photograph is of the same vehicle, and 5
(b) each photograph is taken on the same day at approximately the 6
same time and at approximately the same location. 7
(4) If a photograph is tendered in evidence in proceedings for a speeding 8
offence involving a vehicle in which evidence of an average speed is not 9
relied on, a certificate referred to in section 137 concerning the accuracy 10
and reliability of the device used to measure the speed at which the 11
vehicle was travelling must also be tendered along with the certificate 12
required by subsection (2) in relation to the camera device that took the 13
photograph. 14
(5) A photograph tendered in evidence as referred to in subsection (1): 15
(a) is to be presumed to have been taken by the approved traffic 16
enforcement device concerned unless evidence sufficient to raise 17
doubt that it was so taken is adduced, and 18
(b) if it is tendered on the basis that it bears a security indicator--is 19
to be presumed to bear such a security indicator unless evidence 20
that is sufficient to raise doubt that it does so is adduced, and 21
(c) is prima facie evidence of the matters shown or recorded on the 22
photograph. 23
(6) Evidence that a photograph tendered in evidence as referred to in 24
subsection (1) bears a security indicator of a kind prescribed by the 25
statutory rules is prima facie evidence that the photograph has not been 26
altered since it was taken. 27
139 Admissibility of photographs taken by devices--unauthorised vehicle 28
use offences (cf VR Act, s 22C (2)-(5)) 29
(1) A photograph of a vehicle: 30
(a) taken by an approved traffic enforcement device that is evidence 31
under this Division of a detectable traffic offence, or 32
(b) taken by an approved toll camera that is evidence of a toll offence 33
against section 250A of the Roads Act 1993, 34
may also be tendered in evidence in proceedings for an unauthorised 35
vehicle use offence involving the same vehicle. 36
Note. For example, a photograph taken by an approved traffic enforcement 37
device that is approved for red traffic light detection that is evidence of a traffic 38
light offence against section 138 (1) (c) may also be tendered in evidence in 39
proceedings for an unauthorised vehicle use offence involving the same 40
vehicle. 41
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(2) For this purpose, the provisions of this Division or section 250A of the 1
Roads Act 1993 that apply in relation to the tendering, admission and 2
use in evidence of a photograph for the detectable traffic offence or toll 3
offence of which the photograph is also evidence are taken to extend to 4
the tendering, admission and use in evidence of the photograph for the 5
unauthorised vehicle use offence. 6
Note. For example, a photograph of a vehicle taken by an approved traffic 7
enforcement device that is approved for excess speed imaging may be 8
tendered in evidence in proceedings for an unauthorised vehicle use offence by 9
complying with the requirements of this Division concerning the tendering, 10
admission and use in evidence of a photograph to prove a speeding offence. 11
(3) Nothing in this section prevents a photograph taken by an approved 12
traffic enforcement device being tendered and used in evidence both in 13
proceedings for an unauthorised vehicle use offence and proceedings 14
for a detectable traffic offence or toll offence. 15
(4) In this section: 16
approved toll camera and toll offence have the same meanings as in 17
section 250A of the Roads Act 1993. 18
140 Evidence of accuracy and reliability not required if certificate tendered 19
(cf STM Act, ss 46 (2), 47 (6), 47B (3), 57 (4) and 57B (5)) 20
If a certificate under this Division is tendered in proceedings for a 21
detectable traffic offence, evidence: 22
(a) of the accuracy or reliability of the approved traffic enforcement 23
device concerned, or 24
(b) as to whether or not the device operated correctly or operates 25
correctly (generally or at a particular time or date or during a 26
particular period), 27
is not required in those proceedings unless evidence sufficient to raise 28
doubt that, at the time of the alleged offence, the device was accurate, 29
reliable and operating correctly is adduced. 30
141 Rebuttal of evidence concerning operation of approved traffic 31
enforcement devices (cf STM Act, s 73A) 32
(1) This section applies to the determination of whether evidence is 33
sufficient to rebut prima facie evidence or a presumption, or to raise 34
doubt about a matter, as referred to in section 137, 138, 140 or 157 and 35
for the purposes of proceedings to which those sections apply. 36
(2) An assertion that contradicts or challenges: 37
(a) the accuracy or reliability, or the correct or proper operation, of 38
an approved traffic enforcement device, or 39
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(b) the accuracy or reliability of information (including a 1
photograph) derived from such a device, 2
is capable of being sufficient, in proceedings to which this section 3
applies, to rebut such evidence or such a presumption, or to raise such 4
doubt, only if it is evidence adduced from a person who has relevant 5
specialised knowledge (based wholly or substantially on the person's 6
training, study or experience). 7
Part 5.4 Vehicle use and traffic safety 8
Division 1 Dangers and obstructions to traffic 9
142 Removal of dangers and obstructions to traffic (cf STM Act, s 75) 10
(1) If a danger or obstruction to traffic on a road is caused by: 11
(a) a vehicle that has been involved in an accident or has broken 12
down, or 13
(b) any thing that has fallen, escaped or been removed from a 14
vehicle, or 15
(c) any container used for transporting materials or refuse (including 16
a building skip), 17
an appropriate officer may remove the vehicle, thing or container and 18
take such other steps as may be necessary to protect the public and 19
facilitate the free flow of traffic. 20
(2) The appropriate roads authority may, by proceedings brought in a court 21
of competent jurisdiction, recover as a debt from the relevant person the 22
expenses that the appropriate roads authority has incurred in exercising 23
the functions conferred by this section. 24
(3) A certificate that is issued on behalf of the appropriate roads authority 25
by a person prescribed by the statutory rules, or by a person belonging 26
to a class of persons so prescribed, being a certificate that states that: 27
(a) a specified amount represents the costs incurred by the authority 28
in carrying out specified work or in taking specified action for the 29
purposes of this section, or 30
(b) a specified amount represents the costs incurred by the authority 31
in relation to the exercise by an appropriate officer of a function 32
under this section, 33
is admissible in any such proceedings and is prima facie evidence of the 34
fact or facts so stated. 35
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(4) A person must not, without reasonable excuse: 1
(a) fail to comply with any direction given to the person by an 2
appropriate officer in exercising a function under subsection (1), 3
or 4
(b) obstruct a person who is authorised to remove a vehicle in 5
accordance with this section. 6
Maximum penalty: 20 penalty units. 7
(5) In this section: 8
appropriate officer means: 9
(a) an employee in the service of the appropriate roads authority 10
authorised by that authority to exercise the powers conferred by 11
this section, or 12
(b) a police officer, or 13
(c) a person of a class prescribed by the statutory rules who is 14
authorised by the appropriate roads authority to exercise the 15
functions of an appropriate officer under this section. 16
appropriate roads authority means: 17
(a) in relation to any road within a local government area--the 18
council of that area, and 19
(b) in relation to a classified road (within the meaning of the Roads 20
Act 1993)--the Authority, and 21
(c) in relation to that part of a road used for the passage of light rail 22
vehicles or as an access to light rail vehicles--Transport for 23
NSW and the operator of the light rail system. 24
relevant person means: 25
(a) in relation to a vehicle--the person who had custody of the 26
vehicle at the time of the accident or breakdown, or 27
(b) in relation to any thing that has fallen, escaped or been removed 28
from a vehicle--the person who had custody of the vehicle at the 29
time of the fall, escape or removal, or 30
(c) in relation to a container--the person who had custody of the 31
container at the time it was placed in such a way as to cause 32
danger or an obstruction to traffic. 33
143 Removal of unattended motor vehicles or trailers from certain places (cf 34
STM Act, s 76) 35
(1) Removal of vehicle endangering public or causing traffic congestion 36
An appropriate officer may cause an unattended motor vehicle or trailer 37
unlawfully standing on a prescribed place to be removed in accordance 38
with this section if, in the opinion of the officer, the vehicle is causing, 39
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or unless removed is likely to cause, danger to the public or undue 1
traffic congestion. 2
(2) Removal of vehicle obstructing light rail vehicle 3
An appropriate officer may cause an unattended motor vehicle or trailer 4
unlawfully standing on any place to be removed in accordance with this 5
section if, in the opinion of the officer, it is obstructing the passage of a 6
light rail vehicle. 7
(3) Removal of vehicle in accordance with this section 8
A motor vehicle or trailer is removed in accordance with this section if 9
it is removed to a nearby place at which, in the opinion of the 10
appropriate officer concerned, the vehicle may lawfully stand without 11
being likely to cause danger to the public or undue traffic congestion, or 12
an obstruction to the passage of a light rail vehicle. 13
(4) Payment of prescribed tow-away charge may be required 14
If a motor vehicle or trailer: 15
(a) is removed in accordance with this section, or 16
(b) is attached to a tow truck for the purpose of being removed under 17
this section, 18
the Authority may require the responsible person for the vehicle or the 19
person who left it unattended to pay to the Authority the prescribed 20
tow-away charge within a time specified by the Authority. 21
(5) The responsible person for a vehicle is not required to pay the 22
prescribed tow-away charge if the responsible person: 23
(a) satisfies the Authority that the vehicle was at the relevant time a 24
stolen vehicle or a vehicle illegally taken or used, or 25
(b) supplies by statutory declaration to the Authority the name and 26
address of the person (not being the responsible person) who was 27
in charge of the vehicle at all relevant times, or 28
(c) satisfies the Authority that the responsible person did not know 29
and could not with reasonable diligence have ascertained such 30
name and address. 31
(6) A person must pay the prescribed tow-away charge within the time 32
specified by the Authority. 33
Maximum penalty: 10 penalty units. 34
(7) A statutory declaration under subsection (5) (b), if produced in any 35
proceedings against the person named in the declaration and in respect 36
of the offence of failure to pay the prescribed tow-away charge, is 37
admissible and is prima facie evidence that the person left the vehicle 38
unattended on the prescribed place. 39
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(8) For the purposes of subsection (5) (a), the responsible person cannot 1
rely on any police report stating that the vehicle was stolen or illegally 2
taken or used at the relevant time unless the report indicates the time and 3
date that it was made. 4
(9) Establishment of special tow-away areas 5
The Authority may establish special tow-away areas for the purposes of 6
this section. 7
(10) Any such area may be established by order published in the Gazette, or 8
by the erection of signs in or about the area concerned, or both. 9
Note. Any such order may be amended, rescinded, revoked or repealed. See 10
section 43 of the Interpretation Act 1987 and the definition of repeal in 11
section 21 of that Act. 12
(11) If the Authority establishes a special tow-away area, it is to cause a 13
notice to be published in at least 2 newspapers circulating in the area to 14
which the special tow-away area relates. The notice must describe or 15
identify the special tow-away area, and specify the period for which the 16
area concerned is to operate as a special tow-away area. 17
(12) Definitions 18
In this section: 19
appropriate officer means: 20
(a) an employee in the service of the Authority authorised by the 21
Authority to exercise the powers conferred by this section, or 22
(b) a police officer, or 23
(c) a person, or a person of a class, who is authorised by Transport 24
for NSW to exercise the functions of an appropriate officer under 25
this section, but only in respect of the removal of unattended 26
vehicles obstructing the passage of light rail vehicles, or 27
(d) a person of a class prescribed by the statutory rules who is 28
authorised by the Authority to exercise the functions of an 29
appropriate officer under this section. 30
prescribed place means: 31
(a) a road (or part of a road) prescribed by the statutory rules, or 32
(b) a class of road (or part of a road) prescribed by the statutory rules, 33
or 34
(c) any road that is within a special tow-away area referred to in 35
subsection (9). 36
prescribed tow-away charge means a charge prescribed by the statutory 37
rules for the purposes of this section. 38
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144 Removal of vehicles--incidental provisions relating to towing (cf STM 1
Act, s 76A) 2
(1) If a motor vehicle or trailer is removed in accordance with this Division 3
by a tow truck, the person operating or driving the tow truck may take 4
such action as is reasonable or necessary to facilitate the towing of the 5
vehicle or trailer in a manner that does the least damage to the vehicle 6
or trailer. In taking any such action, the person is not liable for any 7
damage to the vehicle or trailer that the person causes. 8
Note. For example, a tow truck driver may need to break into an unattended 9
motor vehicle that is causing an obstruction in order to release the hand brake 10
and avoid doing serious damage to the vehicle's transmission. 11
(2) If a motor vehicle or trailer is removed in accordance with this Division 12
by a tow truck, the person or body that authorised or caused the removal 13
is not vicariously liable for any damage caused to the vehicle or trailer 14
by the person operating or driving the tow truck. 15
Division 2 Traffic safety 16
145 Offences involving death, injury or damage resulting from unsafe loads 17
(cf STM Act, s 58) 18
(1) A person is guilty of an offence if: 19
(a) the person knows, or ought reasonably to know, that a motor 20
vehicle or trailer is loaded unsafely, and 21
(b) the person drives or causes or permits the motor vehicle or trailer 22
to be driven or to stand on a road, and 23
(c) death or personal injury to a person, or damage to property (other 24
than the motor vehicle, trailer or load), occurs while the motor 25
vehicle or trailer is being so driven or stood because it is loaded 26
unsafely. 27
Maximum penalty: 50 penalty units or imprisonment for 12 months or 28
both (in the case of an individual) or 100 penalty units (in the case of a 29
corporation). 30
(2) The responsible person for a motor vehicle or trailer is guilty of an 31
offence if: 32
(a) the motor vehicle or trailer is loaded unsafely and is driven or 33
stood on a road, and 34
(b) the person knows, or ought reasonably to know, that the motor 35
vehicle or trailer is loaded unsafely, and 36
(c) death or personal injury to a person, or damage to property (other 37
than the motor vehicle, trailer or load), occurs while the motor 38
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vehicle or trailer is being so driven or stood because it is loaded 1
unsafely. 2
Maximum penalty: 50 penalty units or imprisonment for 12 months or 3
both (in the case of an individual) or 100 penalty units (in the case of a 4
corporation). 5
(3) A person is guilty of an offence if: 6
(a) the person is a director of, or a person concerned in the 7
management of, a corporation that is the responsible person for a 8
motor vehicle or trailer that is loaded unsafely and is driven or 9
stood on a road, and 10
(b) the person knows, or ought reasonably to know, that the motor 11
vehicle or trailer is loaded unsafely, and 12
(c) death or personal injury to a person, or damage to property (other 13
than the motor vehicle, trailer or load), occurs while the motor 14
vehicle or trailer is being so driven or stood because it is loaded 15
unsafely. 16
Maximum penalty: 50 penalty units or imprisonment for 12 months or 17
both (in the case of an individual) or 100 penalty units (in the case of a 18
corporation). 19
(4) It is a defence to a prosecution for an offence against this section if the 20
defendant proves to the court's satisfaction that the defendant was not 21
in a position to prevent the motor vehicle or trailer from being driven or 22
stood on a road while loaded unsafely. 23
(5) For the purposes of this section, a motor vehicle or trailer is loaded 24
unsafely if: 25
(a) a load on the motor vehicle or trailer is placed in a way that makes 26
the motor vehicle or trailer unstable or unsafe, or 27
(b) a load on the motor vehicle or trailer is not secured in such a way 28
that it is unlikely to fall or be dislodged from the motor vehicle or 29
trailer, or 30
(c) an appropriate method is not used to secure a load on the motor 31
vehicle or trailer. 32
(6) In proceedings for an offence against this section, it is sufficient to 33
prove that a motor vehicle or trailer was loaded unsafely if the 34
prosecution proves that the load on the vehicle or trailer was not placed, 35
secured or restrained in a way that met the performance standards 36
recommended in the Load Restraint Guide: Guidelines and 37
performance standards for the safe carriage of loads on road vehicles, 38
Second Edition, as published by the National Transport Commission in 39
April 2004. 40
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(7) In this section: 1
motor vehicle includes a combination consisting of a motor vehicle 2
connected to one or more vehicles. 3
146 Offence of failing to stop and assist after impact causing injury (cf STM 4
Act, s 70) 5
(1) A person is guilty of an offence if: 6
(a) a vehicle or horse being driven or ridden by the person on a road 7
is involved in an impact occasioning the death of, or injury to, 8
another person, and 9
(b) the person knows, or ought reasonably to know, that the vehicle 10
or horse has been involved in an impact occasioning injury to 11
another person, and 12
(c) the person fails to stop and give any assistance that may be 13
necessary and that it is in the person's power to give. 14
Maximum penalty: 30 penalty units or imprisonment for 18 months or 15
both (in the case of a first offence) or 50 penalty units or imprisonment 16
for 2 years or both (in the case of a second or subsequent offence). 17
(2) For the purposes of this section, the circumstances in which a vehicle is 18
involved in an impact occasioning the death of, or injury to, a person 19
include if the death or injury is occasioned through any of the following: 20
(a) the vehicle overturning or leaving a road while the person is 21
being conveyed in or on that vehicle (whether as a passenger or 22
otherwise), 23
(b) an impact between any object and the vehicle while the person is 24
being conveyed in or on that vehicle (whether as a passenger or 25
otherwise), 26
(c) an impact between the person and the vehicle, 27
(d) the impact of the vehicle with another vehicle or an object in, on 28
or near which the person is at the time of the impact, 29
(e) an impact with anything on, or attached to, the vehicle, 30
(f) an impact with anything that is in motion through falling from the 31
vehicle, 32
(g) the person falling from the vehicle, or being thrown or ejected 33
from the vehicle, while being conveyed in or on the vehicle 34
(whether as a passenger or otherwise), 35
(h) an impact between any object (including the ground) and the 36
person, as a consequence of the person (or any part of the person) 37
being or protruding outside the vehicle, while the person is being 38
conveyed in or on the vehicle (whether as a passenger or 39
otherwise). 40
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(3) For the purposes of this section, a vehicle is also involved in an impact 1
occasioning the death of, or injury to, a person if: 2
(a) the death or injury is occasioned through the vehicle causing an 3
impact between other vehicles or between another vehicle and 4
any object or person or causing another vehicle to overturn or 5
leave a road, and 6
(b) the prosecution proves that the vehicle caused the impact. 7
(4) In this section: 8
object includes an animal, building, structure, earthwork, embankment, 9
gutter, stormwater channel, drain, bridge, culvert, median strip, post or 10
tree. 11
Note. Similar obligations are imposed on a person by section 52AB of the 12
Crimes Act 1900 in relation to impacts causing death or grievous bodily harm. 13
Division 3 Unauthorised use of vehicles 14
147 Motor vehicles or trailers not to be used without owner consent (cf Gen 15
Act, s 249) 16
(1) A person must not use any motor vehicle or trailer without first 17
obtaining the consent of the owner. 18
Maximum penalty: 20 penalty units. 19
(2) This section does not apply to a police officer in the execution of the 20
officer's duty under the road transport legislation. 21
148 Procuring or hiring of motor vehicle or trailer by fraud or 22
misrepresentation (cf Gen Act, s 250) 23
(1) A person must not procure the use or hire of any motor vehicle or trailer 24
by fraud or misrepresentation. 25
Maximum penalty: 20 penalty units. 26
(2) A person must not aid or abet a person to procure the use or hire of any 27
motor vehicle or trailer by fraud or misrepresentation. 28
Maximum penalty: 20 penalty units. 29
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Road Transport Bill 2013 Clause 149
Road transportation Chapter 6
Monitoring of heavy vehicles and vehicles carrying dangerous goods Part 6.1
Chapter 6 Road transportation 1
Part 6.1 Monitoring of heavy vehicles and vehicles 2
carrying dangerous goods 3
149 Definitions (cf STM Act, s 59) 4
(1) In this Part: 5
applicable motor vehicle means a motor vehicle to which this Part 6
applies. 7
approved means approved by the Authority. 8
automatic data, in relation to a journey made by a motor vehicle, means 9
recordings (made by mechanical or electronic means, or by both of 10
those means, in an approved form, and to an approved degree of 11
accuracy) of: 12
(a) the lengths of time for which the vehicle is driven, and for which 13
it is standing, during the journey, and 14
(b) the speeds at which the vehicle is driven (measured continuously 15
or at approved intervals) during the journey, and 16
(c) the distance travelled during each period when the vehicle is 17
driven during the journey, 18
being recordings made by a monitoring device. 19
manual data, in relation to a journey made by a motor vehicle, means 20
recordings made by hand of: 21
(a) the date, time and place of commencement, and of completion, of 22
the journey, and 23
(b) the times at which the vehicle is driven, and at which it is 24
standing, during the journey, and 25
(c) the name of each driver, and the times at which each driver was 26
in charge of the vehicle, during the journey, and 27
(d) the registration number of the vehicle, and 28
(e) the name of each person making each of those recordings. 29
monitoring device means a device which, when fitted to a motor 30
vehicle, is capable of producing automatic data for a journey made by 31
the vehicle. 32
motor vehicle includes a trailer. 33
prescribed officer means a person who is: 34
(a) employed: 35
(i) by the Authority, or 36
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Clause 150 Road Transport Bill 2013
Chapter 6 Road transportation
Part 6.1 Monitoring of heavy vehicles and vehicles carrying dangerous goods
(ii) as an inspector under the Explosives Act 2003 or the Work 1
Health and Safety Act 2011, or 2
(iii) in some other capacity prescribed by the statutory rules, 3
and 4
(b) authorised for the purposes of this Part by the statutory rules. 5
vehicle movement record, in relation to a journey made by a vehicle, 6
means a record, in durable and graphic form, consisting of: 7
(a) manual data for the journey, and 8
(b) either: 9
(i) corresponding automatic data for the journey produced by 10
a monitoring device, except where subparagraph (ii) 11
applies, or 12
(ii) where the automatic data is stored electronically in a 13
monitoring device--a graphic representation, produced by 14
an approved method, of that data. 15
(2) The statutory rules may prescribe the manner in which the Authority 16
may signify any approval for the purposes of this Part. 17
150 Application of this Part (cf STM Act, s 60) 18
(1) This Part applies to: 19
(a) any motor vehicle (being a coach, a motor vehicle that has a 20
GVM exceeding 13.9 tonnes or a motor vehicle and trailer 21
combination that has a GCM exceeding 13.9 tonnes) of a class or 22
description prescribed by the statutory rules, except in such 23
circumstances as may be so prescribed, and 24
(b) any motor vehicle which, because it carries dangerous goods 25
within the meaning of the Dangerous Goods (Road and Rail 26
Transport) Act 2008 is required by regulations under that Act, or 27
under any code prescribed for the purposes of this paragraph by 28
statutory rules under this Act, to have a sign exhibited on it. 29
(2) This Part applies to vehicles, drivers and responsible persons for 30
vehicles whether or not: 31
(a) the vehicles are registered in this jurisdiction, or 32
(b) the drivers hold driver licences issued in this jurisdiction, or 33
(c) the responsible persons ordinarily reside (or, being corporations, 34
are incorporated or have their principal places of business) in this 35
jurisdiction. 36
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Road Transport Bill 2013 Clause 151
Road transportation Chapter 6
Monitoring of heavy vehicles and vehicles carrying dangerous goods Part 6.1
151 Vehicles to be fitted with monitoring devices in working order (cf STM 1
Act, s 61) 2
(1) An applicable motor vehicle is not to be used on any journey made 3
wholly or partly on a road in this jurisdiction unless: 4
(a) a monitoring device is fitted to the vehicle, and 5
(b) the device is producing automatic data for the journey. 6
(2) If a vehicle is used in contravention of this section, the responsible 7
person for the vehicle is guilty of an offence. 8
Maximum penalty: 50 penalty units. 9
152 Vehicle movement record to be preserved (cf STM Act, s 62) 10
(1) A vehicle movement record relating to each journey commenced, on or 11
after the commencement of this section, by a vehicle to which this Part 12
applies is to be preserved for a period of at least 12 months after the date 13
of commencement of the journey. 14
(2) If this section is not complied with, the responsible person for the 15
vehicle is guilty of an offence. 16
Maximum penalty: 50 penalty units. 17
153 Vehicle movement record to be carried by driver (cf STM Act, s 63) 18
(1) An applicable motor vehicle must not be used for any journey made 19
wholly or partly on a road or roads unless a duly completed vehicle 20
movement record is carried, in accordance with this section, by the 21
driver of the vehicle at all times while the vehicle is in this jurisdiction 22
during the journey. 23
(2) The record that must be carried on any day is to relate to any journey or 24
part of a journey made by the vehicle, whether in or outside this 25
jurisdiction, during the period of 14 days immediately preceding that 26
day. 27
(3) If a vehicle is used in contravention of this section, the responsible 28
person for, and the driver of, the vehicle are each guilty of an offence 29
and are each liable to a penalty not exceeding 50 penalty units. 30
(4) It is a defence to a prosecution for an offence against this section if the 31
defendant proves to the court's satisfaction: 32
(a) that the monitoring device fitted to the vehicle was of a type that 33
stores automatic data electronically, and 34
(b) that the compilation of the vehicle movement record required to 35
be carried by the driver on the date of the alleged offence would 36
have required the production of a graphic representation of data 37
which, on that date, was stored in the monitoring device, and 38
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Clause 154 Road Transport Bill 2013
Chapter 6 Road transportation
Part 6.1 Monitoring of heavy vehicles and vehicles carrying dangerous goods
(c) that, in the circumstances of the case, the required record could 1
not reasonably be expected to have been compiled by that date. 2
(5) Nothing in this section requires the carriage of a vehicle movement 3
record relating to the use, before the commencement of this section, of 4
any vehicle. 5
154 Inspection of monitoring devices and records carried on vehicles (cf 6
STM Act, s 64) 7
(1) A police officer may inspect any applicable motor vehicle in order to 8
ascertain: 9
(a) whether a monitoring device is fitted to the vehicle, and 10
(b) whether any device so fitted appears to be operating correctly. 11
(2) For the purposes of an inspection under subsection (1), a police officer 12
may require the driver to operate the vehicle and to co-operate in any 13
other manner reasonably necessary to facilitate the inspection. 14
(3) A prescribed officer may: 15
(a) require the driver of an applicable motor vehicle to produce for 16
inspection: 17
(i) the driver's licence to drive the vehicle (whether issued in 18
this jurisdiction or elsewhere), and 19
(ii) any record required by this Part or the statutory rules to be 20
carried by the driver of the vehicle during the journey, and 21
(iii) any record carried by the driver in connection with the 22
business to which the journey relates, and 23
(b) make copies of, or take extracts from, any such record, and 24
(c) make reasonable inquiries of the driver concerning any entries in 25
any such record that are made by the driver. 26
(4) For the purposes of this section, any of the following persons may, by 27
any reasonably clear signal, require the driver of any applicable motor 28
vehicle to stop and park the vehicle: 29
(a) a police officer wearing a police uniform, 30
(b) a prescribed officer identifying himself or herself in the manner 31
required by the statutory rules. 32
(5) A police officer or a prescribed officer may require a vehicle and its 33
driver to stay for such time as is reasonably necessary for the exercise 34
of a power conferred on the officer by this section. 35
(6) A person must not: 36
(a) obstruct or hinder a police officer or a prescribed officer in the 37
exercise of a power conferred by this section, or 38
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Road Transport Bill 2013 Clause 155
Road transportation Chapter 6
Monitoring of heavy vehicles and vehicles carrying dangerous goods Part 6.1
(b) fail to comply with a requirement made under this section. 1
Maximum penalty: 50 penalty units. 2
155 Seizure of monitoring devices and records (cf STM Act, s 65) 3
(1) A police officer may disconnect and take and retain possession of a 4
monitoring device that is fitted to an applicable motor vehicle, together 5
with any automatic data stored in the device if: 6
(a) the vehicle has been involved in an accident in which any person 7
was killed, or 8
(b) the police officer reasonably believes that the monitoring device 9
or any part of its mechanism has been improperly interfered with, 10
or 11
(c) the police officer reasonably believes that the driver has 12
committed a major offence involving the vehicle during the 13
journey then being undertaken by the vehicle. 14
(2) A police officer or a prescribed officer may take and retain possession 15
of any record carried, pursuant to a requirement of this Part or the 16
statutory rules, by the driver of an applicable motor vehicle if the officer 17
reasonably believes that: 18
(a) false entries have been made in the record, or 19
(b) the record is unlawfully in the possession of the driver, or 20
(c) the record does not relate to the vehicle concerned. 21
(3) A police officer or a prescribed officer may take and retain possession 22
of any document which the driver of an applicable motor vehicle 23
represents to be a record required by this Part or the statutory rules to be 24
carried by the driver but which the officer reasonably believes is not 25
such a record. 26
(4) A person must not obstruct or hinder a police officer or a prescribed 27
officer in the exercise of a power conferred by this section. 28
Maximum penalty: 50 penalty units. 29
156 Production of records by responsible persons (cf STM Act, s 66) 30
(1) The Authority may, by notice in writing served on any responsible 31
person for an applicable motor vehicle, require the person to produce 32
vehicle movement records to the Authority. 33
(2) The notice may require the production of: 34
(a) all vehicle movement records relating to journeys undertaken in 35
the vehicle during the 12 months preceding the date of service of 36
the notice, or 37
(b) such of those records as the notice specifies. 38
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Clause 157 Road Transport Bill 2013
Chapter 6 Road transportation
Part 6.1 Monitoring of heavy vehicles and vehicles carrying dangerous goods
(3) The notice is not complied with if the records are not produced at a 1
place, and within a time, specified by the notice. 2
(4) The responsible person for a vehicle must comply with a notice under 3
this section. 4
Maximum penalty: 50 penalty units. 5
(5) Vehicle movement records produced to the Authority, whether in 6
compliance with a notice under this section or otherwise, may be 7
retained by the Authority for analysis, and while they are so retained, 8
the responsible person for the vehicle is exempted from the 9
requirements of any further notice under this section in relation to them. 10
(6) A notice under this section does not require the production of a vehicle 11
movement record being carried by the driver of a vehicle in accordance 12
with a requirement of this Part. 13
157 Tampering with monitoring devices or vehicle movement records (cf 14
STM Act, s 67) 15
(1) A person must not adjust any part of the mechanism of a monitoring 16
device, fitted to an applicable motor vehicle, in such a manner that the 17
accuracy of a vehicle movement record for the vehicle will be reduced. 18
Maximum penalty: 50 penalty units. 19
(2) A person must not make any false entry in, or otherwise falsify, a 20
vehicle movement record. 21
Maximum penalty: 50 penalty units. 22
(3) Without limiting any power conferred on the Authority by or under this 23
Act, the Authority may cancel the driver licence or licences of a person 24
who commits an offence against this section. 25
158 Exemptions (cf STM Act, s 68) 26
(1) The Authority may, in accordance with the statutory rules, exempt any 27
person or vehicle or any class of persons or vehicles from the operation 28
of all or any of the provisions of this Part. 29
(2) An exemption: 30
(a) may be absolute or subject to conditions, and 31
(b) if subject to conditions, has effect only while the conditions are 32
observed. 33
159 Evidence of vehicle movement record (cf STM Act, s 69) 34
(1) A vehicle movement record is not admissible in evidence in any 35
criminal proceedings unless: 36
(a) the proceedings are proceedings for: 37
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Road Transport Bill 2013 Clause 160
Road transportation Chapter 6
Speed limiting of heavy vehicles Part 6.2
(i) an offence against section 157, or 1
(ii) aiding, abetting, counselling or procuring the commission 2
of an offence against that section, or 3
(iii) a major offence, or 4
(b) the record is adduced by the defendant. 5
(2) Nothing in this section affects the admissibility in any civil proceedings 6
of a vehicle movement record. 7
Part 6.2 Speed limiting of heavy vehicles 8
160 Definition (cf STM Act, s 69A) 9
In this Part: 10
speed limiter compliant, in relation to a vehicle, means that the speed at 11
which the vehicle is capable of being driven is limited, in the manner 12
prescribed by the statutory rules for the purposes of this Part, to not 13
more than 100 kilometres per hour. 14
161 Application of Part (cf STM Act, s 69B) 15
(1) This Part applies to the vehicles prescribed by the statutory rules for the 16
purposes of this Part. 17
(2) This Part applies to vehicles and the drivers of, and responsible persons 18
for, vehicles whether or not: 19
(a) the vehicles are registered in this jurisdiction, or 20
(b) the drivers hold driver licences issued in this jurisdiction, or 21
(c) the responsible persons ordinarily reside (or, being corporations, 22
are incorporated or have their principal places of business) in this 23
jurisdiction. 24
162 Vehicles to be speed limited (cf STM Act, s 69C) 25
(1) The responsible person for a vehicle to which this Part applies is guilty 26
of an offence unless the vehicle is speed limiter compliant when the 27
vehicle is being driven on a road. 28
Maximum penalty: 30 penalty units (in the case of an individual) and 29
150 penalty units (in the case of a corporation). 30
(2) In proceedings for an offence against this section, proof that the vehicle 31
concerned was driven on a road at a speed of more than 115 kilometres 32
per hour is admissible and is prima facie evidence that the vehicle was 33
not speed limiter compliant at the time that it was travelling at that 34
speed. 35
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Clause 163 Road Transport Bill 2013
Chapter 6 Road transportation
Part 6.2 Speed limiting of heavy vehicles
(3) It is a defence to a prosecution for an offence against this section if the 1
defendant proves: 2
(a) that the vehicle was, at the time of the alleged offence, a stolen 3
vehicle or a vehicle illegally taken or used, or 4
(b) that the vehicle is speed limiter compliant and that, at the time it 5
was travelling at a speed of more than 115 kilometres per hour, 6
the gradient of the length of road along which the vehicle was 7
being driven at or immediately before that time, combined with 8
the speed at which the vehicle was travelling on that length of 9
road, caused it to be driven at more than 100 kilometres per hour 10
despite the vehicle being speed limiter compliant. 11
(4) In proceedings for an offence against this section, it is no defence that 12
the defendant had a mistaken but reasonable belief as to the facts that 13
constituted the offence. 14
163 Certificate evidence of speed limiter compliance (cf STM Act, s 69D) 15
(1) In proceedings for a speed limiter offence, a certificate issued by an 16
authorised person certifying that, at the time of certification, the manner 17
of limiting the speed of the vehicle complied with the requirements 18
prescribed by the statutory rules for the purposes of this Part is 19
admissible and is prima facie evidence that the vehicle is speed limiter 20
compliant. 21
(2) In this section, authorised person means: 22
(a) the manufacturer of a speed limiting mechanism fitted to the 23
vehicle, or 24
(b) any other person (or person belonging to a class or description of 25
persons) prescribed by the statutory rules. 26
164 Photographic evidence of speed of vehicle (cf STM Act, s 69E) 27
(1) Without limiting the evidence that may be given in proceedings for a 28
speed limiter offence, in proceedings for such an offence evidence may 29
be given of any of the following to prove the fact that a vehicle was 30
driven on a road at a speed of more than 115 kilometres per hour: 31
(a) the measurement of speed obtained and recorded by one or more 32
approved traffic enforcement devices that have been approved 33
for speed measurement and excess speed imaging, 34
(b) an average speed calculated from information obtained from 35
approved traffic enforcement devices that have been approved 36
for average speed detection. 37
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Road Transport Bill 2013 Clause 165
Road transportation Chapter 6
Speed limiting of heavy vehicles Part 6.2
(2) Division 5 of Part 5.3 applies to proceedings for a speed limiter offence 1
in the same way as it applies to proceedings for a speeding offence 2
(within the meaning of that Part) in which such evidence is given. 3
165 Liability of offender for speeding offence and evidence of speed 4
unaffected (cf STM Act, s 69F) 5
Nothing in this Part: 6
(a) affects the liability of a person who commits an offence against 7
this Act or the statutory rules involving the driving of a vehicle 8
on a road at a speed of more than 115 kilometres per hour for that 9
offence (the speeding offence), or 10
(b) prevents the giving of evidence of the measurement of speed 11
obtained by the use of an approved traffic enforcement device (or 12
of an average speed calculated from information obtained from 13
approved traffic enforcement devices) in proceedings both for the 14
speeding offence and for a speed limiter offence. 15
Page 129
Clause 166 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.1 Authorised officers
Chapter 7 Compliance and enforcement 1
Part 7.1 Authorised officers 2
166 Authorised officers (cf Gen Act, ss 121 and 128) 3
(1) The Authority may, by instrument in writing, appoint: 4
(a) a specified person to be an authorised officer, or 5
(b) persons of a specified class to be authorised officers. 6
(2) An authorised officer may but need not be a member of staff of the 7
Authority or of a public authority. 8
(3) Without limiting the above, an authorised officer as defined in a 9
corresponding applicable road law may be appointed as an authorised 10
officer under this section. 11
(4) The Authority may exercise any power conferred by or under the road 12
transport legislation on an authorised officer, other than a power that 13
requires the physical presence of an authorised officer. 14
(5) Accordingly, in this Act (except this Part) references to an authorised 15
officer include references to the Authority. 16
167 Exercise of powers by authorised officers (cf Gen Act, s 122) 17
(1) An authorised officer has the powers conferred on authorised officers 18
by the road transport legislation. 19
(2) However, the Authority may, by instrument in writing applicable to a 20
specified authorised officer or each authorised officer of a specified 21
class: 22
(a) provide that the officer may not exercise specified powers, or 23
(b) provide that the officer may exercise specified powers only, or 24
(c) otherwise restrict the powers that the officer may exercise, 25
including (for example) by limiting the circumstances in which 26
the officer may exercise any powers conferred on the officer. 27
(3) In addition, the statutory rules may identify powers that may only be 28
exercised by authorised officers, or classes of authorised officers, who 29
are specifically empowered by the Authority under subsection (2) (b) to 30
exercise them. 31
168 Identification cards (cf Gen Act, s 124) 32
(1) The Authority may: 33
(a) issue an authorised officer (other than a police officer) with an 34
identification card, or 35
Page 130
Road Transport Bill 2013 Clause 169
Compliance and enforcement Chapter 7
Authorised officers Part 7.1
(b) designate a card, issued to an authorised officer (other than a 1
police officer) by another person, body or authority (whether or 2
not of this jurisdiction), as an identification card for the purposes 3
of this Act. 4
(2) An identification card issued by the Authority must: 5
(a) contain a photograph of the officer, the name of the Authority and 6
either: 7
(i) the name and signature of the officer, or 8
(ii) a unique number that has been assigned to the officer by 9
the Authority, and 10
(b) identify the officer as an authorised officer. 11
(3) The Authority must not designate a card issued to an authorised officer 12
by another person, body or authority as an identification card for the 13
purposes of this Act unless the card: 14
(a) contains a photograph of the officer, the name of the other person, 15
body or authority and either: 16
(i) the name and signature of the officer, or 17
(ii) a unique number that has been assigned to the officer by 18
the other person, body or authority, and 19
(b) identifies in some way (however expressed) the officer as an 20
authorised officer under another law or as having official 21
functions under another law. 22
169 Production of identification (cf Gen Act, s 125) 23
(1) This section applies to powers conferred on authorised officers or police 24
officers by or under an applicable road law, but only where the physical 25
presence of an officer at the scene is necessary for the exercise of the 26
power. 27
(2) An authorised officer (other than a police officer) must not exercise a 28
power unless an identification card has been issued to or designated for 29
the officer. 30
(3) An authorised officer (other than a police officer) who is exercising or 31
about to exercise a power is required to comply with a request to 32
identify himself or herself, by producing the officer's identification 33
card. 34
(4) A police officer who is exercising or about to exercise a power is 35
required to comply with a request to identify himself or herself, by 36
either of the following methods (at the officer's choice): 37
(a) producing the officer's police identification, 38
(b) stating orally or in writing the officer's name and place of duty. 39
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Clause 170 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.1 Authorised officers
(5) An officer is required to comply with a requirement under 1
subsection (3) or (4): 2
(a) immediately, or 3
(b) if it is not practicable to comply with the requirement 4
immediately--as soon as practicable afterwards. 5
(6) An officer need only identify himself or herself once to a particular 6
person during the course of an incident, even though more than one 7
power is being exercised during the course of the incident. 8
(7) In this section: 9
incident means: 10
(a) a single incident, or 11
(b) a connected series of incidents involving the same or 12
substantially the same parties and occurring during a period of 13
72 hours. 14
power means a power under an Australian applicable road law. 15
request, in relation to the exercise of a power, means a request made by 16
a person (if any) in respect of whom the power is being or is about to be 17
exercised. 18
170 Return of identification cards (cf Gen Act, s 126) 19
(1) A person is guilty of an offence if: 20
(a) the Authority has issued an identification card to the person, and 21
(b) the person was, but has stopped being, an authorised officer, and 22
(c) the Authority has requested the person to return the card to the 23
Authority within a specified period, and 24
(d) the person did not return the card during the period. 25
Maximum penalty: 20 penalty units. 26
(2) Subsection (1) does not apply if the person has a reasonable excuse. 27
(3) The onus of proof of reasonable excuse in proceedings for an offence 28
against this section lies on the defendant. 29
171 Reciprocal powers of officers (cf Gen Act, s 127) 30
(1) This section has effect in relation to another jurisdiction while the 31
corresponding law of the other jurisdiction contains provisions 32
corresponding to this section. 33
(2) The Minister may enter into agreements with a Minister of the other 34
jurisdiction for the purposes of this section, and may amend or revoke 35
any such agreement. 36
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Road Transport Bill 2013 Clause 172
Compliance and enforcement Chapter 7
Authorised officers Part 7.1
(3) To the extent envisaged by such an agreement: 1
(a) authorised officers (other than police officers) or police officers 2
of this jurisdiction may, in this jurisdiction or the other 3
jurisdiction, exercise functions conferred respectively on 4
authorised officers or police officers of the other jurisdiction by 5
or under the corresponding law of the other jurisdiction, and 6
(b) authorised officers or police officers of the other jurisdiction 7
may, in this jurisdiction or the other jurisdiction, exercise 8
functions conferred respectively on authorised officers (other 9
than police officers) or police officers by or under this Act. 10
(4) Anything done or omitted to be done by an authorised officer or police 11
officer of this jurisdiction under subsection (3) (a) is taken to have been 12
done under this Act as well as under the corresponding law. 13
(5) The statutory rules may make provision for or with respect to the 14
exercise of powers under this section. 15
(6) Nothing in this section affects the appointment under section 166 (3) 16
(Authorised officers) of persons as authorised officers for the purposes 17
of this Act. 18
172 Amendment or revocation of directions or conditions (cf Gen Act, s 129) 19
(1) An authorised officer (other than a police officer) may amend or revoke 20
a direction given, or conditions imposed, by an authorised officer under 21
this Act. 22
(2) A police officer may amend or revoke a direction given, or conditions 23
imposed, by a police officer under this Act. 24
173 Offences--obstructing, hindering or impersonating authorised officer 25
(cf Gen Act, ss 169 and 170) 26
(1) A person must not obstruct or hinder an authorised officer in the 27
exercise of the officer's functions under the road transport legislation. 28
Maximum penalty: 80 penalty units (in the case of an individual) or 29
400 penalty units (in the case of a corporation). 30
(2) A person must not impersonate an authorised officer. 31
Maximum penalty: 100 penalty units (in the case of an individual) or 32
500 penalty units (in the case of a corporation). 33
(3) An offence is not committed under subsection (1) in relation to the 34
exercise of a function under Division 4 (Powers of inspection and 35
search) of Part 4.2 of the Road Transport (Vehicle and Driver 36
Management) Act 2005 unless it is established that the function: 37
(a) was being exercised lawfully, and 38
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Clause 174 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.2 Identity powers
(b) without limiting paragraph (a), was: 1
(i) exercisable without consent, or 2
(ii) being exercised under the authority of a warrant. 3
(4) The onus of proof of a matter set out in subsection (3) lies on the 4
prosecution in proceedings for an offence against this section. 5
Part 7.2 Identity powers 6
174 Expanded meaning of "driver" (cf Gen Act, s 3) 7
(1) A reference in this Part to the driver of a vehicle or combination 8
includes a reference to: 9
(a) in relation to a heavy vehicle or heavy combination--a two-up 10
driver of the vehicle or combination who is present in or near the 11
vehicle or combination, and 12
(b) a person who is driving the vehicle or combination as a driver 13
under instruction or under an appropriate learner licence. 14
(2) In this section: 15
two-up driver means a person accompanying a driver of a heavy vehicle 16
or heavy combination on a journey or part of a journey, who has been, 17
is or will be sharing the task of driving the vehicle or combination 18
during the journey. 19
175 Requirement for driver or rider to produce Australian driver licence and 20
state name and address (cf Gen Act, s 171) 21
(1) An authorised officer may, in the execution of the officer's functions 22
under the road transport legislation, require the driver or rider of a 23
vehicle or horse to do any or all of the following: 24
(a) produce the driver's relevant Australian driver licence (in the 25
case of the driver of a motor vehicle), 26
(b) state the driver's or rider's name, 27
(c) state the driver's or rider's home address. 28
(2) A person must not: 29
(a) refuse to comply with a requirement of an authorised officer 30
under subsection (1), or 31
(b) state a false name or home address. 32
Maximum penalty: 20 penalty units. 33
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Road Transport Bill 2013 Clause 176
Compliance and enforcement Chapter 7
Identity powers Part 7.2
(3) In subsection (1), a reference to a driver of a vehicle (in the case of a 1
motor vehicle) includes, where the driver is the holder of a learner 2
licence and the motor vehicle is not a motor cycle, a reference to a 3
holder of a relevant Australian driver licence occupying the seat in or on 4
the motor vehicle next to the driver. 5
176 Requirement for passenger to produce Australian driver licence and 6
state name and address (cf Gen Act, s 172) 7
(1) A person occupying the seat in or on a motor vehicle (other than a motor 8
cycle) next to a driver who holds a learner licence must, when required 9
to do so by an authorised officer, produce the person's relevant 10
Australian driver licence and state the person's name and home address. 11
Maximum penalty: 20 penalty units. 12
(2) A person accompanying another person who is attending a motor 13
registry for the purpose of undergoing any test or examination required 14
by the road transport legislation must, on request, produce the person's 15
relevant Australian driver licence and state the person's name and home 16
address if: 17
(a) the request is made by an authorised officer, and 18
(b) the person making the request believes on reasonable grounds 19
that the person accompanying the person who is to undergo the 20
test or examination has been giving driving instruction to that 21
person. 22
Maximum penalty: 20 penalty units. 23
(3) In this section: 24
motor registry means a place at which registration of a vehicle can be 25
effected by or on behalf of the Authority. 26
177 Requirement for responsible person to disclose driver identity (cf Gen 27
Act, s 173) 28
(1) If the driver of a motor vehicle is alleged to have committed an offence 29
against the road transport legislation: 30
(a) the responsible person for the vehicle, or the person having the 31
custody of the vehicle, must, when required to do so by an 32
authorised officer, immediately give information (which must, if 33
so required, be given in the form of a written statement signed by 34
the responsible person) as to the name and home address of the 35
driver, and 36
(b) any other person must, if required to do so by an authorised 37
officer, give any information that it is in the person's power to 38
give and that may lead to the identification of the driver. 39
Maximum penalty: 20 penalty units. 40
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Clause 178 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.2 Identity powers
(2) It is a defence to a prosecution for an offence against subsection (1) (a) 1
if the defendant proves to the court's satisfaction that the defendant did 2
not know and could not with reasonable diligence have ascertained the 3
driver's name and home address. 4
(3) A written statement: 5
(a) purporting to be given under subsection (1) (a) and to contain 6
particulars of the name and home address of the driver of a motor 7
vehicle at the time of commission of an alleged offence against 8
the road transport legislation, and 9
(b) that is produced in any court in proceedings against the person 10
named in the statement as the driver for such an offence, 11
is evidence without proof of signature that the person was the driver of 12
the vehicle at the time of the alleged offence if the person does not 13
appear before the court. 14
(4) In this section: 15
responsible person has the same meaning as in Chapter 3 of the Road 16
Transport (Vehicle and Driver Management) Act 2005. 17
178 Production of relevant Australian driver licence to court (cf Gen Act, s 174) 18
(1) A person who is the holder of a relevant Australian driver licence and 19
who is charged with a breach of the road transport legislation must 20
produce the person's driver licence to the court at the hearing of the 21
charge. 22
(2) A person must not, without reasonable excuse, fail to comply with 23
subsection (1). 24
Maximum penalty: 20 penalty units. 25
179 Unauthorised demand for production of relevant Australian driver 26
licence (cf Gen Act, s 175) 27
(1) A person must not (knowing that the person is not by law authorised to 28
require its production) demand production by another person of that 29
other person's relevant Australian driver licence. 30
Maximum penalty: 20 penalty units. 31
(2) For the purposes of this section, the making of a statement that could 32
reasonably be understood, by the person to whom the statement is made, 33
as indicating that the person is being required to produce the person's 34
relevant Australian driver licence is taken to be a demand for its 35
production. 36
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Road Transport Bill 2013 Clause 180
Compliance and enforcement Chapter 7
Criminal responsibility Part 7.3
(3) Nothing in this section prohibits a request for production of a relevant 1
Australian driver licence as a means of evidencing the identity or age of 2
a person: 3
(a) in connection with the supply of any goods or services, or 4
(b) in connection with the conferring of any right, title or benefit, or 5
(c) in other circumstances, 6
where it is reasonable for the person making the request to require 7
evidence of the other person's identity or age. 8
Part 7.3 Criminal responsibility 9
Division 1 Liability for offences generally 10
180 Multiple offenders for applicable road law offence (cf Gen Act, s 176) 11
(1) This section applies where a provision of the road transport legislation 12
provides (expressly or impliedly) that each of 2 or more persons is liable 13
for an applicable road law offence. 14
(2) Proceedings may be taken against all or any of the persons. 15
(3) Proceedings may be taken against any of the persons: 16
(a) regardless of whether or not proceedings have been commenced 17
against any of the other persons, and 18
(b) if proceedings have been commenced against any of the other 19
persons--regardless of whether or not the proceedings have been 20
concluded, and 21
(c) if proceedings have been concluded against any of the other 22
persons--regardless of the outcome of the proceedings. 23
(4) This section has effect subject to section 181 and to any express 24
provisions of the road transport legislation. 25
181 Double jeopardy (cf Gen Act, s 177) 26
(1) A person may be punished only once in relation to the same failure to 27
comply with a particular provision of the road transport legislation, 28
even if the person is liable in more than one capacity. 29
(2) Despite subsection (1), a person may be punished for more than one 30
breach of a requirement where the breaches relate to different parts of 31
the same vehicle or combination. 32
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Clause 182 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.3 Criminal responsibility
182 Liability of directors etc for offences by corporation--accessory to 1
commission of offences (cf Gen Act, s 178 (1)) 2
(1) For the purposes of this section, a corporate offence is an offence 3
against the road transport legislation (other than an applicable road law 4
offence) that is capable of being committed by a corporation. 5
Note. See section 178 of the Road Transport (Vehicle and Driver Management) 6
Act 2005 for the liability of directors, partners, employers and others for 7
applicable road law offences by bodies corporate, partnerships, associations 8
and employees. 9
(2) A person commits an offence against this section if: 10
(a) a corporation commits a corporate offence, and 11
(b) the person is: 12
(i) a director of the corporation, or 13
(ii) an individual who is involved in the management of the 14
corporation and who is in a position to influence the 15
conduct of the corporation in relation to the commission of 16
the corporate offence, and 17
(c) the person: 18
(i) aids, abets, counsels or procures the commission of the 19
corporate offence, or 20
(ii) induces, whether by threats or promises or otherwise, the 21
commission of the corporate offence, or 22
(iii) conspires with others to effect the commission of the 23
corporate offence, or 24
(iv) is in any other way, whether by act or omission, knowingly 25
concerned in, or party to, the commission of the corporate 26
offence. 27
Maximum penalty: The maximum penalty for the corporate offence if 28
committed by an individual. 29
(3) The prosecution bears the legal burden of proving the elements of the 30
offence against this section. 31
(4) The offence against this section can only be prosecuted by a person who 32
can bring a prosecution for the corporate offence. 33
(5) This section does not affect the liability of the corporation for the 34
corporate offence, and applies whether or not the corporation is 35
prosecuted for, or convicted of, the corporate offence. 36
(6) This section does not affect the application of any other law relating to 37
the criminal liability of any persons (whether or not directors or other 38
managers of the corporation) who are concerned in, or party to, the 39
commission of the corporate offence. 40
Page 138
Road Transport Bill 2013 Clause 183
Compliance and enforcement Chapter 7
Criminal responsibility Part 7.3
Division 2 Liability for camera recorded offences and 1
parking offences 2
183 Definitions (cf Gen Act, s 179 (12)) 3
(1) In this Division: 4
appropriate approved traffic enforcement device for a camera recorded 5
offence means: 6
(a) in the case of a public transport lane offence--an approved traffic 7
enforcement device that is approved for traffic lane use detection, 8
or 9
(b) in the case of a traffic light offence--an approved traffic 10
enforcement device that is approved for red traffic light 11
detection, or 12
(c) in the case of a speeding offence where the average speed of a 13
vehicle is relied on--an approved traffic enforcement device that 14
is approved for average speed detection, or 15
(d) in the case of a speeding offence where the average speed of the 16
vehicle is not relied on--an approved traffic enforcement device 17
that is approved for excess speed imaging, or 18
(e) in the case of an unauthorised vehicle use offence--an approved 19
traffic enforcement device or approved toll camera (within the 20
meaning of section 250A of the Roads Act 1993) that has taken a 21
photograph which may be tendered in evidence under section 139 22
in proceedings for such an offence. 23
average speed detected offence means a speeding offence involving a 24
heavy vehicle in respect of which the penalty notice or the court 25
attendance notice indicates that the average speed of the vehicle was 26
calculated from information recorded by appropriate approved traffic 27
enforcement devices for the offence. 28
camera recorded offence means any of the following: 29
(a) a public transport lane offence in respect of which the penalty 30
notice or the court attendance notice indicates that the offence 31
was detected by the appropriate approved traffic enforcement 32
device for the offence, 33
(b) a traffic light offence in respect of which the penalty notice or the 34
court attendance notice indicates that the offence was detected by 35
the appropriate approved traffic enforcement device for the 36
offence, 37
(c) an average speed detected offence, 38
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Clause 183 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.3 Criminal responsibility
(d) a speeding offence (other than an average speed detected offence) 1
in respect of which the penalty notice or the court attendance 2
notice indicates that the offence was detected by the appropriate 3
approved traffic enforcement device for the offence, 4
(e) a speeding offence (other than an average speed detected offence) 5
in respect of which: 6
(i) the penalty notice or the court attendance notice indicates 7
that the offence was detected by an approved traffic 8
enforcement device that is approved for speed 9
measurement, and 10
(ii) the number-plate of the vehicle concerned was recorded by 11
a police officer using photographic or video equipment 12
approved by the Commissioner of Police for the purposes 13
of this paragraph, 14
(f) an unauthorised vehicle use offence in respect of which the 15
penalty notice or the court attendance notice indicates that the 16
offence was detected by an appropriate approved traffic 17
enforcement device for the offence. 18
court attendance notice means: 19
(a) in relation to proceedings for an offence commenced in the Local 20
Court--a court attendance notice within the meaning of the 21
Criminal Procedure Act 1986 issued in respect of the person 22
alleged to have committed the offence, and 23
(b) in relation to proceedings for an offence commenced in the 24
Supreme Court in its summary jurisdiction--an application for 25
an order under section 246 of the Criminal Procedure Act 1986 26
in respect of the person alleged to have committed the offence. 27
designated offence means: 28
(a) a camera recorded offence, or 29
(b) a parking offence. 30
detection points, in relation to an average speed detected offence, has 31
the same meaning as in Division 3 of Part 5.3. 32
parking offence means any offence of standing or parking a motor 33
vehicle or trailer or of causing or permitting a motor vehicle or trailer to 34
stand, wait or be parked in contravention of the statutory rules. 35
prosecutor has the same meaning as in the Criminal Procedure Act 36
1986. 37
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Road Transport Bill 2013 Clause 184
Compliance and enforcement Chapter 7
Criminal responsibility Part 7.3
relevant nomination document means: 1
(a) in the case of a responsible person that is a corporation served 2
with a penalty notice in relation to a designated offence: 3
(i) an approved nomination document under section 189 (1), 4
or 5
(ii) a statutory declaration, or 6
(b) in the case of a responsible person that is a corporation served 7
with a court attendance notice in relation to a designated 8
offence--a statutory declaration, or 9
(c) in the case of a responsible person for a vehicle who is a natural 10
person--a statutory declaration. 11
unauthorised vehicle use offence does not include an unauthorised 12
vehicle use offence where it is alleged that the offender merely caused, 13
permitted or otherwise allowed a vehicle to be driven or used. 14
(2) Words, terms and expressions used in this Division that are defined for 15
the purposes of Part 5.3 or Division 5 of that Part have the same 16
meanings as in that Part or Division. 17
Note. See, in particular, sections 121 and 135. 18
184 Responsible person for vehicle taken to have committed designated 19
offences (cf Gen Act, s 179 (1) and (1A)) 20
(1) Liability of responsible person for offence generally 21
If a designated offence occurs in relation to any registrable vehicle, the 22
person who at the time of the occurrence of the offence is the 23
responsible person for the vehicle is taken to be guilty of an offence 24
against the provision concerned in all respects as if the responsible 25
person were the actual offender guilty of the designated offence unless: 26
(a) in any case where the offence is dealt with under Division 3--the 27
person satisfies the authorised officer under section 195 that: 28
(i) the vehicle was at the relevant time a stolen vehicle or a 29
vehicle illegally taken or used, or 30
(ii) the actual offender would have a defence to any 31
prosecution for the designated offence brought against the 32
offender, or 33
(b) in any other case--the person proves to the satisfaction of the 34
court hearing the proceedings for the offence that: 35
(i) the vehicle was at the relevant time a stolen vehicle or a 36
vehicle illegally taken or used, or 37
(ii) the actual offender would have a defence to any 38
prosecution for the designated offence brought against the 39
offender. 40
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Clause 185 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.3 Criminal responsibility
(2) Maximum penalty payable by corporation taken to be guilty of certain 1
camera recorded offences 2
If a corporation is taken to be guilty of a camera recorded offence (other 3
than an unauthorised vehicle use offence) by the operation of subsection 4
(1), the maximum monetary penalty that a court may impose on the 5
corporation for the offence is taken to be 5 times the maximum 6
monetary penalty for the offence for which the actual offender (as a 7
natural person) would be liable. 8
185 When responsible person not liable for parking offence (cf Gen Act, s 179 9
(3) and (5)) 10
(1) Despite section 184, the responsible person for a vehicle is not guilty of 11
a parking offence by the operation of that section if: 12
(a) in any case where such an offence is dealt with under 13
Division 3--the responsible person: 14
(i) within 21 days after service on the responsible person of a 15
penalty notice alleging that the responsible person has 16
been guilty of such offence, supplies by relevant 17
nomination document to the authorised officer under 18
section 195 the name and address of the person who was in 19
charge of the vehicle at all relevant times relating to the 20
parking offence concerned, or 21
(ii) satisfies the authorised officer that the responsible person 22
did not know and could not with reasonable diligence have 23
ascertained the name and address, or 24
(b) in any other case--the responsible person: 25
(i) within 21 days after service on the responsible person of a 26
court attendance notice in respect of the offence, supplies 27
by statutory declaration to the informant the name and 28
address of the person who was in charge of the vehicle at 29
all relevant times relating to the parking offence 30
concerned, or 31
(ii) proves to the satisfaction of the court hearing the 32
proceedings for the offence that the responsible person did 33
not know and could not with reasonable diligence have 34
ascertained the name and address. 35
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Road Transport Bill 2013 Clause 186
Compliance and enforcement Chapter 7
Criminal responsibility Part 7.3
(2) For the purposes of subsection (1), it is presumed that a penalty notice 1
served on a person by post is served on the person 7 days after it is 2
posted, unless the person establishes that it was not received by the 3
person, or was not received by the person within the 7-day period. 4
186 Duty to inform if person not driver of vehicle committing camera 5
recorded offence (cf Gen Act, s 179 (4) and (5)) 6
(1) A person who: 7
(a) is served with a penalty notice or a court attendance notice in 8
respect of a camera recorded offence, and 9
(b) was not the driver of the vehicle to which the offence relates at 10
the time the offence occurred, 11
must, within 21 days after service of the notice, supply by relevant 12
nomination document to the authorised officer under section 195 (in the 13
case of a penalty notice) or the prosecutor (in the case of a court 14
attendance notice) the name and address of the person who was in 15
charge of the vehicle at the time the offence occurred. 16
(2) For the purposes of subsection (1), it is presumed that a penalty notice 17
served on a person by post is served on the person 7 days after it is 18
posted, unless the person establishes that it was not received by the 19
person, or was not received by the person within the 7-day period. 20
187 When responsible person for vehicle not liable for camera recorded 21
offence (cf Gen Act, s 179 (8)) 22
Despite section 184, the responsible person for a vehicle who is served 23
with a penalty notice or a court attendance notice in respect of a camera 24
recorded offence is not guilty of that offence by operation of that section 25
if the person: 26
(a) complies with section 186 in relation to the offence, or 27
(b) satisfies the authorised officer (in the case of a penalty notice) or 28
the court (in the case of a court attendance notice) that the 29
responsible person did not know and could not with reasonable 30
diligence have ascertained the name and address of the person 31
who was in charge of the vehicle at the time the offence occurred. 32
188 Offences relating to nominations (cf Gen Act, s 179 (6) and (7)) 33
(1) Offence--failure to comply with section 186 34
A person must comply with section 186 unless the person satisfies: 35
(a) in the case of a penalty notice--the authorised officer, or 36
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Clause 189 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.3 Criminal responsibility
(b) in the case of a court attendance notice--the court dealing with 1
the camera recorded offence, or 2
(c) in either case--the court dealing with the offence of failing to 3
comply with section 186, 4
that the person did not know and could not with reasonable diligence 5
have ascertained that name and address. 6
Maximum penalty: 7
(a) if the offence relates to a vehicle registered otherwise than in the 8
name of a natural person--100 penalty units, or 9
(b) in any other case--50 penalty units. 10
(2) Offence--false nomination of person in charge of vehicle 11
A person must not, in a relevant nomination document supplied under 12
section 186, falsely nominate another person as the person who was in 13
charge of the vehicle at the time the offence occurred. 14
Maximum penalty: 15
(a) if the offence relates to a vehicle registered otherwise than in the 16
name of a natural person--100 penalty units, or 17
(b) in any other case--50 penalty units. 18
(3) A person falsely nominates another person as the person in charge of a 19
vehicle for the purposes of subsection (2) if either a false name or 20
address (or both a false name and address) for the other person is 21
supplied in a relevant nomination document. 22
189 Nominations by corporations (cf Gen Act, s 179 (8A)-(8D)) 23
(1) The Authority may approve one or more documents (approved 24
nomination documents) for use by corporations when nominating other 25
persons under this section as persons in charge of vehicles for which the 26
corporations are the responsible persons. 27
(2) Without limiting subsection (1), the Authority may approve documents 28
under that subsection: 29
(a) to be provided in printed or electronic form (or both), and 30
(b) to be used in relation to more than one designated offence 31
involving one or more vehicles for which a corporation is the 32
responsible person. 33
(3) If a corporation that is the responsible person for a vehicle supplies an 34
approved nomination document to an authorised officer for the purpose 35
of section 185 or 186 instead of a statutory declaration, an authorised 36
officer may, by written notice served on the corporation (a verification 37
notice), require it to supply a statutory declaration for use in court 38
proceedings that verifies such of the nominations contained in the 39
Page 144
Road Transport Bill 2013 Clause 190
Compliance and enforcement Chapter 7
Criminal responsibility Part 7.3
approved nomination document as are specified in the verification 1
notice. 2
(4) A corporation served with a verification notice must supply the required 3
statutory declaration within the period specified in the notice (being a 4
period of not less than 7 days after the date of service). 5
Maximum penalty: 100 penalty units. 6
190 Use of statutory declarations as evidence (cf Gen Act, s 179 (7A), (7B), (9) 7
and (10)) 8
(1) A statutory declaration supplied for the purposes of section 185, 186 or 9
189 (3) or subsection (3), if produced in any proceedings against the 10
person named in the declaration and in respect of the designated offence 11
concerned, is admissible and is prima facie evidence: 12
(a) in the case of a statutory declaration relating to a parking 13
offence--that the person was in charge of the vehicle at all 14
relevant times relating to the parking offence, or 15
(b) in the case of a statutory declaration relating to a camera recorded 16
offence--that the person was the driver of the vehicle at the time 17
the offence occurred. 18
(2) A statutory declaration that relates to more than one designated offence 19
does not constitute a statutory declaration under, or for the purposes of, 20
section 185, 186 or 189 (3) unless each of the offences is a camera 21
recorded offence detected by the same camera device at approximately 22
the same time. 23
Note. The Authority may approve a nomination document under section 189 (1) 24
for use by a corporation instead of a statutory declaration that relates to more 25
than one designated offence involving one or more vehicles for which the 26
corporation is the responsible person. See section 189 (2). 27
(3) A court or authorised officer may have regard to a statutory declaration 28
that is provided by a person in deciding, for the purposes of section 185, 29
187 or 188 (1), whether the person did not know and could not with 30
reasonable diligence have ascertained the name and address of the 31
person in charge of a vehicle. 32
(4) If a statutory declaration is provided by a person under subsection (3), 33
it must include the matters (if any) prescribed by the statutory rules. 34
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Clause 191 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.3 Criminal responsibility
191 Application of this Division to average speed detected offences (cf Gen 1
Act, s 179 (10A) (a)-(c)) 2
The following provisions apply in relation to a penalty notice or court 3
attendance notice for an average speed detected offence involving a 4
heavy vehicle travelling between detection points: 5
(a) a reference in any other provision of this Division to the time of 6
the occurrence of an offence is taken to be a reference to the 7
period during which the heavy vehicle travelled between the 8
detection points, 9
(b) the actual offender for the purposes of this Division is taken to be 10
each driver of the heavy vehicle between the detection points, 11
(c) any obligation under this Division of the responsible person for 12
the heavy vehicle to supply the name and address of the person 13
who was in charge of the vehicle at the time the offence occurred 14
is taken to be an obligation to provide the names and addresses of 15
each of the persons who were in charge of the heavy vehicle 16
between the detection points. 17
Note. Division 3 of Part 5.3 allows the average speed of a heavy vehicle 18
calculated from the time taken to travel between different detection points to be 19
used as evidence of the actual speed at which the vehicle travelled. Section 129 20
(1) (b) (when read with section 129 (2)) provides that if there is more than one 21
driver of the vehicle between the detection points, each driver is taken to have 22
driven the heavy vehicle at the average speed of the vehicle except for any 23
particular driver who can establish any exculpatory ground prescribed by the 24
statutory rules. 25
192 Further identity information from nomination information provider (cf 26
Gen Act, s 179 (10B)-(10D) and (12)) 27
(1) An authorised officer or prosecutor to whom a relevant nomination 28
document is supplied for the purpose of section 185 or 186 may, by 29
written notice served on the nomination information provider, require 30
the provider to do one or both of the following: 31
(a) provide such relevant identity information that is in the 32
provider's power to provide (including, if so required, by means 33
of a written statement signed by the provider), as may be 34
specified in the notice, within the period specified in the notice, 35
(b) appear before the authorised officer or prosecutor at a specified 36
time and place and provide (either orally or in writing) such 37
relevant identity information that is in the provider's power to 38
provide as may be specified in the notice. 39
(2) The period or time specified in a notice under subsection (1) for 40
information to be provided, or an appearance to be made, must be no 41
earlier than 7 days after the date of service of the notice. 42
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Road Transport Bill 2013 Clause 193
Compliance and enforcement Chapter 7
Criminal responsibility Part 7.3
(3) A person served with a notice under subsection (1) must not, without 1
lawful or reasonable excuse, refuse or fail to comply with the notice. 2
Maximum penalty: 20 penalty units. 3
(4) In this section: 4
nomination information provider, in relation to a relevant nomination 5
document, means: 6
(a) in the case of a document supplied by a responsible person for the 7
vehicle concerned who is a natural person--the person who 8
supplies the document, or 9
(b) in the case of a document supplied by a responsible person for the 10
vehicle concerned that is a corporation--a person who prepares 11
or supplies the document on behalf of the corporation. 12
relevant identity information means any information that may assist in 13
confirming or establishing the identity of the person driving or in charge 14
of a vehicle when a designated offence to which a relevant nomination 15
document relates was committed. 16
193 Liability of actual offender unaffected (cf Gen Act, s 179 (2) and (10A) (d)) 17
(1) Nothing in this Division affects the liability of the actual offender. 18
(2) However, if a penalty has been imposed on or recovered from any 19
person in relation to any designated offence, no further penalty may be 20
imposed on or recovered from any other person in relation to the 21
offence. 22
(3) Subsection (2) does not operate to prevent a penalty being imposed on 23
or recovered from each of the drivers of a heavy vehicle between the 24
detection points for an average speed detected offence. 25
194 Division does not derogate from any other law (cf Gen Act, s 179 (11)) 26
The provisions of this Division are in addition to, and not in derogation 27
of, any other provisions of this or any other Act. 28
Division 3 Penalty notices 29
195 Penalty notices for certain offences (cf Gen Act, s 183) 30
(1) A police officer or other authorised officer may serve a penalty notice 31
on a person if it appears to the officer that the person has committed any 32
of the following offences: 33
(a) an offence against a provision of the road transport legislation 34
(including an offence by virtue of the operation of Division 2) 35
that is prescribed by the statutory rules as a penalty notice 36
offence, 37
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Clause 195 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.3 Criminal responsibility
(b) an offence against the Driving Instructors Act 1992 or any 1
regulation made under that Act that is prescribed by the statutory 2
rules as a penalty notice offence, 3
(c) an offence against section 650 (1) or (4) of the Local Government 4
Act 1993 (including an offence by virtue of the operation of 5
section 651 of that Act), 6
(d) an offence against the Motor Accidents Compensation Act 1999 7
or the regulations made under that Act that is prescribed by the 8
statutory rules as a penalty notice offence, 9
(e) an offence against the Passenger Transport Act 1990 or any 10
regulation made under that Act that is prescribed by the statutory 11
rules as a penalty notice offence, 12
(f) an offence against the Recreation Vehicles Act 1983 or any 13
regulation made under that Act that is prescribed by the statutory 14
rules as a penalty notice offence, 15
(g) an offence against the Roads Act 1993 or any regulation made 16
under that Act (including an offence by virtue of the operation of 17
section 244 of that Act) that is prescribed by the statutory rules as 18
a penalty notice offence. 19
(2) A penalty notice is a notice to the effect that, if the person served does 20
not wish to have the matter determined by a court, the person can pay, 21
within the time and to the person specified in the notice, the amount of 22
the penalty prescribed by the statutory rules for the offence if dealt with 23
under this section. 24
(3) The statutory rules may: 25
(a) prescribe an offence for the purposes of this section: 26
(i) by specifying the offence, or 27
(ii) by referring to the provision creating the offence, or 28
(iii) by providing that all offences against a specified Act, 29
Chapter of an Act, Part of an Act, or Division of an Act, a 30
Schedule to an Act, or under specified statutory rules 31
(being an Act, a Chapter, a Part or a Division, a Schedule 32
or statutory rules referred to in subsection (1)) are 33
prescribed as penalty notice offences, or 34
(iv) by providing that all offences against any such Act, 35
Chapter, Part, Division, Schedule or statutory rules (other 36
than such of those offences as are specified in the statutory 37
rules) are prescribed as penalty notice offences, and 38
(b) prescribe the amount of penalty payable for the offence if dealt 39
with under this section, and 40
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Road Transport Bill 2013 Clause 196
Compliance and enforcement Chapter 7
Criminal responsibility Part 7.3
(c) prescribe different amounts of penalties for different offences or 1
classes of offences, and 2
(d) prescribe different amounts of penalties for the same kind of 3
offence or class of offence committed in specified circumstances, 4
and 5
(e) prescribe different authorised officers or classes of authorised 6
officer as authorised officers with respect to the issuing of 7
penalty notices for specified offences or classes of offences (and, 8
for this purpose, may prescribe persons or classes of persons to 9
be authorised officers for the purposes of paragraph (c) of the 10
definition of authorised officer in section 4 (1) in connection 11
with the issuing of such penalty notices). 12
(4) An offence in respect of which a penalty of imprisonment may be 13
imposed under the road transport legislation (except an offence against 14
section 53 (3)) or the Motor Accidents Act 1988 cannot be prescribed by 15
the statutory rules as a penalty notice offence. 16
(5) The amount of a penalty prescribed under this section for an offence is 17
not to exceed the maximum amount of penalty that could be imposed for 18
the offence by a court. 19
196 Service of penalty notices (cf Gen Act, s 184) 20
(1) A penalty notice may be served personally or by post. 21
(2) A penalty notice that relates to an offence of which the responsible 22
person for a vehicle is guilty by virtue of Division 2 or the owner is 23
guilty by virtue of section 651 of the Local Government Act 1993 may: 24
(a) be served personally or by post, or 25
(b) be addressed to the responsible person or owner without naming 26
the responsible person for the vehicle or owner or stating the 27
person's or owner's address and may be served by leaving it on 28
or attaching it to the vehicle. 29
197 Payment of penalty notices (cf Gen Act, s 185) 30
(1) If the amount of penalty prescribed for an alleged offence is paid under 31
this Division, no person is liable to any further proceedings for the 32
alleged offence. 33
(2) Subsection (1) does not affect any power of the Authority under 34
section 226. 35
(3) Payment under this section is not to be regarded as an admission of 36
liability for the purpose of, and does not in any way affect or prejudice, 37
any civil claim, action or proceeding arising out of the same occurrence. 38
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Part 7.3 Criminal responsibility
198 Application of Fines Act 1996 to penalty notices under this Division 1
A penalty notice under this Division is declared to be a penalty notice 2
for the purposes of the Fines Act 1996. 3
199 Effect of Division on other kinds of proceedings (cf Gen Act, s 186) 4
This Division does not limit the operation of any other provision of, or 5
made under, this or any other Act relating to proceedings that may be 6
taken in respect of offences. 7
Division 4 Proceedings for offences 8
200 Proceedings for offences (cf Gen Act, s 180) 9
(1) Proceedings for an offence against the road transport legislation are to 10
be dealt with summarily before the Local Court or the Supreme Court 11
in its summary jurisdiction. 12
(2) The maximum monetary penalty that may be imposed by the Local 13
Court for an offence against a provision of the road transport legislation 14
is: 15
(a) in the case of an offence against Chapter 3 of the Road Transport 16
(Vehicle and Driver Management) Act 2005 or the heavy vehicle 17
driver fatigue/speeding compliance provisions--500 penalty 18
units or the maximum monetary penalty provided for the offence 19
(whichever is less), or 20
(b) in any other case--100 penalty units or the maximum monetary 21
penalty provided for the offence (whichever is less). 22
201 Period within which proceedings for operator onus offences may be 23
commenced (cf Gen Act, s 181) 24
(1) Despite any other Act, proceedings for an operator onus offence may be 25
commenced within one year after the date of the alleged commission of 26
the offence. 27
(2) In this section: 28
operator onus offence means: 29
(a) a designated offence within the meaning of Division 2, or 30
(b) an offence against section 188 (2). 31
202 Period within which proceedings for certain mass, dimension and load 32
offences may be commenced (cf Gen Act, s 182) 33
(1) This section applies to applicable road law offences, other than: 34
(a) any offence prescribed by the statutory rules for the purposes of 35
this section, and 36
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(b) any offence in respect of which proceedings may only be 1
commenced within a period of less than 2 years after the alleged 2
commission of the offence. 3
(2) Despite any other Act, proceedings for an applicable road law offence 4
to which this section applies may be commenced within: 5
(a) the period of 2 years after the commission of the alleged offence, 6
or 7
(b) a further period of 1 year commencing on the day on which the 8
Authority or an authorised officer first obtained evidence of the 9
commission of the alleged offence considered reasonably 10
sufficient by the Authority or officer to warrant commencing 11
proceedings. 12
(3) For the purposes of subsection (2), a certificate purporting to have been 13
issued by the Authority or an authorised officer as to the date when the 14
Authority or an officer first obtained evidence considered reasonably 15
sufficient by the Authority or officer to warrant commencing 16
proceedings is admissible in any proceedings and is prima facie 17
evidence of the matters stated. 18
203 Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in 19
certain circumstances (cf Gen Act, s 187 (6)) 20
(1) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not 21
apply if a person is charged before a court with an applicable offence if, 22
at the time of or during the period of 5 years immediately before the 23
court's determination in respect of the charge, that section is or has been 24
applied to or in respect of the person in respect of a charge for another 25
applicable offence (whether of the same or a different kind). 26
(2) Each of the following is an applicable offence for the purposes of 27
subsection (1): 28
(a) an offence against section 110, 111, 112 (1), 118 or 146 or 29
clause 16 (1) (b), 17 or 18 of Schedule 3, 30
(b) an offence against section 117 (1) of driving negligently (being 31
driving occasioning death or grievous bodily harm), 32
(c) an offence against section 117 (2) of driving a motor vehicle on 33
a road furiously or recklessly or at a speed or in a manner which 34
is dangerous to the public, 35
(d) an offence against section 52AB of the Crimes Act 1900, 36
(e) an offence against an applicable road law that involves a severe 37
risk breach of a mass, dimension or load restraint requirement 38
within the meaning of Part 3.3 of the Road Transport (Vehicle 39
and Driver Management) Act 2005, 40
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(f) an offence against the heavy vehicle driver fatigue/speeding 1
compliance provisions, 2
(g) an offence against a provision of an Act or statutory rule that is a 3
former corresponding provision in relation to a provision referred 4
to in paragraph (a), (b), (c), (d), (e) or (f), 5
(h) an offence of aiding, abetting, counselling or procuring the 6
commission of an offence referred to in paragraph (a), (b), (c), 7
(d), (e), (f) or (g). 8
Part 7.4 Sanctions concerning licences 9
Division 1 Licence disqualification 10
204 Court may disqualify driver on conviction (cf Gen Act, s 187 (1)-(5) and (7)) 11
(1) Court may order disqualification for offences against road transport 12
legislation 13
Subject to any mandatory disqualification provision, a court that 14
convicts a person of an offence against the road transport legislation 15
may, at the time of the conviction, order the disqualification of the 16
person from holding a driver licence for such period as the court 17
specifies. 18
(2) If the court makes an order disqualifying the person, the person is 19
disqualified from holding a driver licence for the period specified by the 20
court. 21
(3) Any disqualification under this section is in addition to any penalty 22
imposed for the offence. 23
(4) Imposition of speed inhibitor conditions 24
The statutory rules may: 25
(a) provide that any driver licence held by a person (or class of 26
persons) who has been convicted of the offence of driving a 27
motor vehicle on a road at a speed which is dangerous to the 28
public under this Act or of any other prescribed speeding offence 29
is subject to a speed inhibitor condition, and 30
(b) provide a penalty for any breach of any such condition, and 31
(c) prescribe any matter necessary or convenient to be prescribed in 32
relation to devices referred to in the definition of speed inhibitor 33
condition in subsection (6). 34
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(5) Particulars of disqualifications to be forwarded to Authority 1
The court is to cause particulars of each conviction or order under the 2
road transport legislation to be forwarded to the Authority. 3
(6) Definitions 4
In this section: 5
mandatory disqualification provision means any of the following: 6
(a) section 53, 7
(b) section 54, 8
(c) section 115, 9
(d) section 205. 10
road transport legislation does not include the following: 11
(a) the Motor Vehicles Taxation Act 1988 or the regulations made 12
under that Act, 13
(b) Schedule 2 or statutory rules made for the purposes of that 14
Schedule. 15
speed inhibitor condition means a condition limiting a driver licence to 16
the driving of a motor vehicle to which is affixed a sealed device that 17
prevents the engine from propelling the vehicle at a speed in excess of 18
60 kilometres per hour. 19
205 Disqualification for certain major offences (cf Gen Act, s 188) 20
(1) Definitions 21
In this section: 22
automatic disqualification means a disqualification under this section 23
from holding a driver licence without specific order of a court. 24
convicted person means a person who is convicted of a major offence. 25
conviction means the conviction in respect of which a person is a 26
convicted person. 27
ordered disqualification means disqualification under this section from 28
holding a driver licence that is ordered by a court. 29
(2) Disqualification if no previous major offence 30
If, at the time of the conviction of the convicted person or during the 31
period of 5 years before the conviction (whether that period commenced 32
before or commences after the commencement of this section), the 33
convicted person is not or has not been convicted of any other major 34
offence (whether of the same or a different kind): 35
(a) where the conviction is for an offence against section 110 (1), (2) 36
or (3) or 111 (1) or (3): 37
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(i) the person is automatically disqualified for 6 months from 1
holding a driver licence, or 2
(ii) if the court that convicts the person thinks fit to order a 3
shorter period (but not shorter than 3 months) of 4
disqualification--the person is disqualified from holding a 5
driver licence for such shorter period as may be specified 6
in the order, or 7
(b) where the conviction is for an offence against section 110 (4) or 8
112 (1): 9
(i) the person is automatically disqualified for 12 months 10
from holding a driver licence, or 11
(ii) if the court that convicts the person thinks fit to order a 12
shorter period (but not shorter than 6 months) or longer 13
period of disqualification--the person is disqualified from 14
holding a driver licence for such period as may be 15
specified in the order, or 16
(c) where the conviction is for an offence against clause 17 (1) or 18 17
of Schedule 3: 18
(i) the person is automatically disqualified for 3 years from 19
holding a driver licence, or 20
(ii) if the court that convicts the person thinks fit to order a 21
shorter period (but not shorter than 6 months) or longer 22
period of disqualification--the person is disqualified from 23
holding a driver licence for such period as may be 24
specified in the order, or 25
(d) where the conviction is for any other offence: 26
(i) the person is automatically disqualified for a period of 27
3 years from holding a driver licence, or 28
(ii) if the court that convicts the person thinks fit to order a 29
shorter period (but not shorter than 12 months) or longer 30
period of disqualification--the person is disqualified from 31
holding a driver licence for such period as may be 32
specified in the order. 33
(3) Disqualification if previous major offence 34
If, at the time of the conviction of the convicted person or during the 35
period of 5 years before the conviction (whether that period commenced 36
before or commences after the commencement of this section), the 37
convicted person is or has been convicted of one or more other major 38
offences (whether of the same or a different kind): 39
(a) where the conviction is for an offence against section 110 (1), (2) 40
or (3) or 111 (1) or (3): 41
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(i) the person is automatically disqualified for 12 months 1
from holding a driver licence, or 2
(ii) if the court that convicts the person thinks fit to order a 3
shorter period (but not shorter than 6 months) or longer 4
period of disqualification--the person is disqualified from 5
holding a driver licence for such period as may be 6
specified in the order, or 7
(b) where the conviction is for an offence against section 110 (4) or 8
112 (1): 9
(i) the person is automatically disqualified for 3 years from 10
holding a driver licence, or 11
(ii) if the court that convicts the person thinks fit to order a 12
shorter period (but not shorter than 12 months) or longer 13
period of disqualification--the person is disqualified from 14
holding a driver licence for such period as may be 15
specified in the order, or 16
(c) where the conviction is for an offence against clause 17 (1) or 18 17
of Schedule 3: 18
(i) the person is automatically disqualified for 5 years from 19
holding a driver licence, or 20
(ii) if the court that convicts the person thinks fit to order a 21
shorter period (but not shorter than 12 months) or longer 22
period of disqualification--the person is disqualified from 23
holding a driver licence for such period as may be 24
specified in the order, or 25
(d) where the conviction is for any other offence: 26
(i) the person is automatically disqualified for 5 years from 27
holding a driver licence, or 28
(ii) if the court that convicts the person thinks fit to order a 29
shorter period (but not shorter than 2 years) or longer 30
period of disqualification--the person is disqualified from 31
holding a driver licence for such period as may be 32
specified in the order. 33
(4) Calculation of disqualification periods in case of multiple offences 34
If 2 or more convictions of a person are made, whether or not at the 35
same time, for crimes or offences arising out of a single incident 36
involving the use of a motor vehicle or trailer, the following provisions 37
apply: 38
(a) for the purpose of ascertaining which of subsections (2) and (3) 39
should apply in relation to any such conviction: 40
(i) the other of those convictions are to be disregarded, and 41
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(ii) subsection (2) or (3) (as the case may require) is, 1
accordingly, to be the applicable subsection, 2
(b) the maximum period of automatic disqualification in respect of 3
all those crimes or offences is to be: 4
(i) if subsection (2) is applicable--3 years, or 5
(ii) if subsection (3) is applicable--5 years, 6
(c) any minimum period of ordered disqualification is, in respect of 7
those crimes or offences, to be disregarded to the extent that the 8
total period of ordered and (where relevant) automatic 9
disqualification would exceed: 10
(i) where subsection (2) is applicable--12 months, or 11
(ii) where subsection (3) is applicable--2 years. 12
However, nothing in paragraph (c) prevents the court, if it thinks fit, 13
from making any order it could have made if that paragraph had not 14
been enacted. 15
(5) Disqualification in addition to any other penalty 16
Any disqualification under this section is in addition to any penalty 17
imposed for the offence. 18
(6) Relationship to Division 2 19
This section has effect subject to the provisions of Division 2. 20
206 Bringing forward of consecutive disqualification periods to avoid 21
orphan periods (cf Gen Act, s 188A) 22
(1) This section applies to a licence disqualification (an orphan licence 23
disqualification) imposed on a person if: 24
(a) the licence disqualification is to be completed consecutively with 25
another licence disqualification (the primary licence 26
disqualification) for the person, and 27
(b) the primary licence disqualification ends prematurely because it 28
is annulled, quashed or set aside, or is varied to shorten its period, 29
before the date for its completion (whether or not the 30
disqualification has already commenced), and 31
(c) the premature ending of the primary licence disqualification 32
results in a period (the disqualification orphan period) during 33
which the person would, but for this section, not be disqualified 34
from holding a driver licence before the consecutive licence 35
disqualification commences. 36
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(2) An orphan licence disqualification is taken by operation of this section 1
(and without the need for a further order of a court): 2
(a) to commence at the beginning of what would otherwise have 3
been the disqualification orphan period, and 4
(b) to be completed after the expiry of a period that is equivalent in 5
length to the period that the licence disqualification would have 6
been in force if it had commenced and ended as intended. 7
Note. Section 54 (2) provides that the driver of a motor vehicle who drives the 8
vehicle during a period of licence disqualification the commencement and 9
completion dates of which have been altered by operation of this section is not 10
guilty of driving while disqualified unless the Authority has previously given 11
written notice of the altered dates to the driver. However, the operation of this 12
section in other contexts (such as when a person seeks to apply for a driver 13
licence) is not affected. 14
(3) If the operation of this section in bringing forward the commencement 15
of an orphan licence disqualification would result in: 16
(a) any other licence disqualifications intended to be completed 17
consecutively with any different licence disqualifications 18
(whether or not the orphan licence disqualification) not having 19
effect consecutively, or 20
(b) any other licence disqualifications intended to be wholly or partly 21
completed concurrently with any different licence 22
disqualifications (whether or not the orphan licence 23
disqualification) not having effect concurrently, 24
the commencement and completion dates for each of those other licence 25
disqualifications are also brought forward by operation of this section 26
(and without the need for a further order of a court) to the extent 27
necessary to ensure that they continue to have effect consecutively or 28
concurrently, as the case may be. 29
(4) If the primary licence disqualification is reinstated by a court (whether 30
on appeal or otherwise) after this section operates to bring forward the 31
commencement of the orphan licence disqualification, the balance of 32
the reinstated primary licence disqualification remaining to be 33
completed is, unless the court orders otherwise, to be completed: 34
(a) if only the commencement of the orphan licence disqualification 35
is brought forward by operation of this section--immediately 36
after the completion of that disqualification, or 37
(b) if the commencement of more than one consecutive licence 38
disqualification is brought forward by operation of this section-- 39
immediately after the last of the consecutive licence 40
disqualifications is completed. 41
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Part 7.4 Sanctions concerning licences
(5) For the purposes of this section, a licence disqualification is consecutive 1
with another licence disqualification if it is to commence: 2
(a) when the other licence disqualification is completed, or 3
(b) on a date that coincides with the anticipated date for the 4
completion of the other licence disqualification. 5
(6) Nothing in this section limits any power that a court has: 6
(a) to make an order for licence disqualification (whether or not to be 7
completed concurrently or consecutively with any other licence 8
disqualification), or 9
(b) to annul, quash, set aside or vary a licence disqualification. 10
(7) This section has effect despite anything to the contrary in: 11
(a) the road transport legislation or any other Act or statutory rule, 12
and 13
(b) any order of a court that imposes a licence disqualification (or a 14
period for a licence disqualification) to which this section 15
applies. 16
(8) In this section: 17
licence disqualification means the disqualification of a person under 18
the road transport legislation from holding a driver licence as a 19
consequence of the person being convicted of an offence by a court 20
(whether or not the disqualification is imposed by an order of a court). 21
207 Effect of disqualification (cf Gen Act, s 189) 22
(1) If, as a consequence of being convicted of an offence by a court, a 23
person is disqualified under the road transport legislation (whether or 24
not by an order of the court) from holding a driver licence, the 25
disqualification operates to cancel, permanently, any driver licence held 26
by the person at the time of the person's disqualification. 27
(2) A disqualification to hold an Australian driver licence held under a law 28
in force in another State or internal Territory by a person who holds a 29
driver licence issued in this State is, for the purposes of subsection (1), 30
to be treated as if it were a disqualification to hold the driver licence 31
issued in this State. 32
(3) A person who is so disqualified must: 33
(a) if present at the court (being a court in this State) and in 34
possession of the person's driver licence--surrender the licence 35
to the court immediately after being convicted, or 36
(b) if present at the court (being a court in this State) but not in 37
possession of the licence or if not present at the court--surrender 38
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the licence to the Authority as soon as practicable after being 1
convicted, or 2
(c) if the person is to be treated under subsection (2) as having been 3
disqualified from holding a driver licence issued in this State-- 4
surrender the licence to the Authority as soon as practicable after 5
being disqualified from holding the Australian driver licence 6
referred to in that subsection. 7
Maximum penalty: 20 penalty units. 8
(4) Subject to the provisions of Division 2, a person who is disqualified 9
from holding a driver licence cannot obtain another driver licence 10
during the period of disqualification. 11
(5) If a driver licence is surrendered to the court, the licence is to be 12
delivered to the Authority. 13
(6) Any period for which a stay of execution is in force under section 63 of 14
the Crimes (Appeal and Review) Act 2001 is not to be taken into account 15
when calculating the length of a period of disqualification under this 16
Division. 17
Division 2 Use of interlock devices as alternative to 18
disqualification 19
208 Definitions (cf Gen Act, s 190) 20
In this Division: 21
alcohol-related major offence means any of the following offences: 22
(a) an offence against section 110 (1), 23
(b) an offence against section 110 (2) (a) or (b), 24
(c) an offence against section 110 (3) (a) or (b), 25
(d) an offence against section 110 (4) (a) or (b), 26
(e) an offence against section 110 (5) (a) or (b), 27
(f) an offence against section 112 (1) (a) or (b) where the offence 28
involved driving under the influence of alcohol, 29
(g) an offence against clause 16 (1) (b) of Schedule 3, 30
(h) any other offence that, at the time it was committed, was an 31
alcohol-related major offence for the purposes of this Division or 32
a former corresponding provision to this Division. 33
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disqualification compliance period, in relation to a person, means the 1
disqualification compliance period applying to the person under 2
section 211 (a). 3
disqualification period, in relation to a person, means the 4
disqualification period applying to the person for the purposes of 5
section 210. 6
disqualification suspension order, in relation to a person, means an 7
order made under section 210 that, subject to certain conditions, may 8
operate to suspend a disqualification under section 205 of the person 9
from holding a driver licence. 10
interlock driver licence means a conditional licence that restricts the 11
holder of the licence to driving a motor vehicle fitted with an approved 12
interlock device (within the meaning of Part 3.3). 13
interlock participation period, in relation to a person, means the period 14
during which the person must participate in an interlock program for the 15
purposes of a disqualification suspension order. 16
209 Division does not apply to habitual traffic offenders (cf Gen Act, s 191) 17
This Division does not apply in respect of a person convicted of an 18
alcohol-related major offence who is declared to be an habitual traffic 19
offender by operation of section 217 (whether or not as a result of the 20
conviction). 21
210 Disqualification period may be suspended for participation in interlock 22
program (cf Gen Act, s 192) 23
If a court convicts a person of an alcohol-related major offence and the 24
person is disqualified from holding a driver licence by or under 25
section 205 (2) or (3) for a period (the disqualification period), the 26
court may order that the disqualification of the person be suspended if 27
the person participates in an interlock program for: 28
(a) the minimum interlock participation period specified in column 2 29
of the Table to this section set out opposite the category of 30
offender specified in column 1 of that Table to which the person 31
belongs, or 32
(b) such greater interlock participation period as the court may order. 33
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Table 1
Column 1 Column 2 Column 3
Category of offender Minimum Disqualification
interlock compliance
participation period
period
1 A person convicted of an offence 24 months 6 months
against section 110 (4) (a) or (b),
(5) (a) or (b) or 112 (1) (a) or (b) or
clause 16 (1) (b) of Schedule 3 who,
at the time of the conviction or
during the period of 5 years before
the conviction, is not or has not
been convicted of any other
alcohol-related major offence
(whether of the same or a different
kind).
2 A person convicted of an offence 48 months 12 months
against section 110 (5) (a) or (b) or
112 (1) (a) or (b) or clause 16 (1) (b)
of Schedule 3 who, at the time of
the conviction or during the period
of 5 years before the conviction, is
or has been convicted of any other
alcohol-related major offence
(whether of the same or a different
kind).
3 A person convicted of an offence 24 months 6 months
against section 110 (4) (a) or (b)
who, at the time of the conviction or
during the period of 5 years before
the conviction, is or has been
convicted of any other
alcohol-related major offence
(whether of the same or a different
kind).
4 A person convicted of an offence 12 months 3 months
against section 110 (1), (2) (a) or (b)
or (3) (a) or (b) who, at the time of
the conviction or during the period
of 5 years before the conviction, is
or has been convicted of any other
alcohol-related major offence
(whether of the same or a different
kind).
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211 When person may participate in interlock program (cf Gen Act s 193) 1
A person in respect of whom a disqualification suspension order is 2
made is entitled to participate in an interlock program only if: 3
(a) the disqualification compliance period specified in column 3 of 4
the Table to section 210 set out opposite the category of offender 5
specified in column 1 of that Table to which the person belongs 6
has expired, and 7
(b) the person is issued with an interlock driver licence by the 8
Authority under this Act. 9
212 Entitlement to apply for interlock driver licence (cf Gen Act, s 194) 10
(1) A convicted person in respect of whom a disqualification suspension 11
order is made is entitled to apply for an interlock driver licence despite 12
the convicted person's disqualification: 13
(a) if the application is made before the expiry of the disqualification 14
compliance period applicable to the person--no earlier than 15
28 days before the expiry of that period, or 16
(b) at any time after the expiry of the disqualification compliance 17
period but before the expiry of the disqualification period. 18
(2) However, nothing in this Division confers a right on a person in respect 19
of whom a disqualification suspension order is made to be issued with 20
an interlock driver licence. 21
213 When disqualification suspension order has effect (cf Gen Act, s 195) 22
(1) When order operates to suspend disqualification 23
A disqualification suspension order operates to suspend a 24
disqualification while the person in respect of whom the order was 25
made participates in an interlock program. 26
(2) Early termination of order 27
A disqualification suspension order ceases to have effect before the 28
expiry of the interlock participation period if the person ceases to 29
participate in an interlock program. 30
(3) Effect of early termination of order 31
If a disqualification suspension order ceases to have effect before the 32
expiry of the interlock participation period, the person to whom the 33
order relates is disqualified from holding a driver licence for the period 34
equal to the difference between: 35
(a) the disqualification period originally applicable to the person, 36
and 37
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(b) the period of disqualification that had already been completed 1
immediately before the disqualification suspension order 2
operated to suspend the original disqualification. 3
(4) Effect of suspension of interlock driver licence on order 4
If the interlock driver licence of a person in respect of whom a 5
disqualification suspension order is made is suspended during the 6
interlock participation period: 7
(a) the order does not cease to have effect only because the driver 8
licence is suspended, and 9
(b) the period of suspension is to be added to the interlock 10
participation period applicable to the person for the purposes of 11
determining when the interlock participation period expires. 12
214 Participation in an interlock program (cf Gen Act, s 196) 13
(1) Commencement of participation in interlock program and interlock 14
participation period 15
A person in respect of whom a disqualification suspension order is 16
made commences to participate in an interlock program on the date on 17
which the person is issued with an interlock driver licence. The 18
interlock participation period applicable to the person also commences 19
on that date. 20
(2) Early cessation of participation 21
A person in respect of whom a disqualification suspension order is 22
made ceases to participate in an interlock program if and when: 23
(a) the person is convicted by a court of a major offence during the 24
interlock participation period and the court does not order that the 25
disqualification suspension order continue in effect despite the 26
conviction, or 27
(b) the person ceases to hold an interlock driver licence before the 28
expiry of the interlock participation period (whether by reason of 29
cancellation of the licence or otherwise). 30
215 Effect of successful participation in interlock program (cf Gen Act, s 197) 31
If a disqualification suspension order does not cease to have effect 32
before the expiry of the interlock participation period: 33
(a) the order ceases to have effect on the expiry of that period, and 34
(b) the disqualification period in respect of which the order was 35
originally made is taken to have expired on the expiry of the 36
interlock participation period. 37
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Division 3 Habitual traffic offenders 1
216 Meaning of "relevant offence" (cf Gen Act, s 198) 2
(1) In this Division, a relevant offence means: 3
(a) any of the following offences of which a person has been 4
convicted by a court in this jurisdiction: 5
(i) a major offence, 6
(ii) a prescribed speeding offence (or an offence that, at the 7
time it was committed, was a prescribed speeding offence 8
for the purposes of this Act or the Road Transport 9
(General) Act 2005), 10
(iii) an offence against section 53 (3) or a former corresponding 11
provision, 12
(iv) an offence against section 54 (1), (3) or (4) or a former 13
corresponding provision, or 14
(b) an offence of which a person has been convicted by a court in 15
another State or Territory that would be an offence of the kind 16
referred to in paragraph (a) if it had been committed in this 17
jurisdiction. 18
(2) A relevant offence includes an offence of the kind referred to in 19
subsection (1) (a) in respect of which the charge is found proven, or a 20
person is found guilty, (but without proceeding to a conviction) under 21
section 10 of the Crimes (Sentencing Procedure) Act 1999 if the offence 22
would, if it were a relevant offence, give rise to the declaration of the 23
person under this Division as an habitual traffic offender. In that case, a 24
reference in this Division to the conviction of the person for a relevant 25
offence includes a reference to the making of an order with respect to 26
the person. 27
217 Declaration of persons as habitual traffic offenders (cf Gen Act, s 199) 28
A person is, by this section, declared to be an habitual traffic offender if: 29
(a) a court in this State convicts the person of a relevant offence after 30
the commencement of this Division, and 31
(b) the person has, in the period of 5 years before the conviction, also 32
been convicted of at least 2 other relevant offences committed on 33
different occasions. 34
218 Warning to be given to persons liable to be declared habitual traffic 35
offenders (cf Gen Act, s 200) 36
(1) The Authority is required to give written warnings to the holders of 37
driver licences who are liable to be declared to be habitual traffic 38
offenders if they are convicted of another relevant offence. 39
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(2) The declaration of an habitual traffic offender is not invalid merely 1
because of a failure to give the warning, but any such failure may be 2
taken into account by a court when determining whether a declaration 3
should be quashed. 4
219 Period of disqualification of habitual traffic offender (cf Gen Act, s 201) 5
(1) If a person is declared by section 217 to be an habitual traffic offender, 6
the person is disqualified by the declaration (and without any specific 7
order of a court) for a period of 5 years from holding a driver licence, 8
except as provided by this Division. 9
(2) If the court that convicts the person of the offence giving rise to the 10
declaration thinks fit, the court may order a longer period of 11
disqualification (including disqualification for life). 12
(3) If the court that convicts the person of the offence giving rise to the 13
declaration determines that a 5-year disqualification is a 14
disproportionate and unjust consequence having regard to the total 15
driving record of the person and the special circumstances of the case, 16
the court may order a shorter period of disqualification (but not shorter 17
than 2 years). 18
(4) If a court orders a shorter or longer period of disqualification, the court 19
must state its reasons for doing so. 20
(5) A declaration of an habitual traffic offender ceases to be in force when 21
the period of disqualification imposed by the declaration is completed. 22
(6) The period of any disqualification under this Division does not 23
commence until all other disqualifications, and all other periods of 24
licence cancellation or suspension, imposed on the person by or under 25
this or any other Act have been completed. 26
(7) Further declarations have effect under this Division even though they 27
occur while an existing declaration is in force, and the consequent 28
periods of disqualification do not commence until all existing 29
disqualifications under this Division have been completed. It does not 30
matter that some of the relevant offences giving rise to a further 31
declaration also gave rise to an earlier declaration. 32
(8) If, while an existing disqualification under this Division is in force, the 33
person is disqualified by a court or automatically under another 34
provision of this or any other Act, that further disqualification does not 35
commence until all existing disqualifications under this Division have 36
been completed. 37
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(9) Any period for which a stay of execution is in force under section 63 of 1
the Crimes (Appeal and Review) Act 2001 is not to be taken into account 2
when calculating the length of a period of disqualification under this 3
Division. 4
220 Quashing of declaration and bar against appeals (cf Gen Act, s 202) 5
(1) The declaration of a person as an habitual traffic offender by section 217 6
may be quashed by a court that convicts the person of a relevant offence 7
(at the time of the conviction or at a later time) if it determines that the 8
disqualification imposed by the declaration is a disproportionate and 9
unjust consequence having regard to the total driving record of the 10
person and the special circumstances of the case. 11
(2) If a court quashes a declaration under this section, the court must state 12
its reasons for doing so. 13
(3) However, a declaration or disqualification under this Division cannot be 14
appealed to any court whether under this or any other Act. 15
(4) For the avoidance of doubt, the quashing of a declaration under this 16
section: 17
(a) operates to set aside the disqualification imposed by the 18
declaration on and from the day on which the court makes the 19
order that quashes the declaration, and 20
(b) if the disqualification period has already commenced when the 21
declaration is quashed--does not operate to invalidate or 22
otherwise affect the operation of the disqualification in its 23
application to the habitual traffic offender at any time before the 24
day on which the declaration is quashed. 25
221 Disqualification in addition to any other penalty (cf Gen Act, s 203) 26
A disqualification under this Division is in addition to any penalty 27
imposed for the offence giving rise to the declaration. 28
Division 4 Suspension of licences and visiting driver 29
privileges 30
222 Definitions (cf Gen Act, ss 204A and 206 (1)) 31
In this Division: 32
applicable learner licence has the same meaning as in Part 5.1. 33
applicable provisional licence has the same meaning as in Part 5.1. 34
authorised visiting driver means a person: 35
(a) who is not the holder of a driver licence issued in this jurisdiction, 36
and 37
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(b) who, being the holder of a licence or permit issued in a place 1
outside this jurisdiction, has the benefit of any provision of the 2
road transport legislation conferring on the person authority to 3
drive in this jurisdiction. 4
grievous bodily harm has the same meaning as in the Crimes Act 1900. 5
223 Suspension of licence by Commissioner of Police (cf Gen Act, s 204) 6
(1) The Commissioner of Police may suspend a driver licence of any driver, 7
for a period not exceeding 14 days, who: 8
(a) is in the Commissioner's opinion an incompetent, reckless or 9
careless driver, or 10
(b) is found under the influence of liquor. 11
(2) The Commissioner of Police must immediately: 12
(a) notify the Authority that the Commissioner has suspended the 13
licence and the grounds for the suspension, and 14
(b) report to the Authority whether in the Commissioner's opinion a 15
further suspension or the cancellation of the licence is warranted 16
or is desirable in the interest of public safety. 17
(3) A driver licence that is suspended under this section is to be surrendered 18
by the holder and forwarded to the Authority with the notification of the 19
suspension. 20
224 When immediate licence suspension notice may be issued by police 21
officer (cf Gen Act, ss 205 (1)-(2), (4) and (7) and 206 (1)-(2B), (4) and (5)) 22
(1) A police officer may give a driver a suspension notice (an immediate 23
licence suspension notice) in any of the following circumstances: 24
(a) if the driver is charged by a police officer (whether or not the 25
same police officer) with an offence involving the death of, or 26
grievous bodily harm to, another person caused by the use of a 27
motor vehicle, being an offence that comprises: 28
(i) the crime of murder or manslaughter, or 29
(ii) an offence against section 33, 35 (2), 52A or 54 of the 30
Crimes Act 1900, 31
(b) if the driver is charged by the police officer or another police 32
officer with offence against section 110 (4) or (5), 115 or 116 (2) 33
or clause 16 (1) (b), 17 (2) or 18 (1) (a), (b) or (e) of Schedule 3, 34
(c) if it appears to a police officer (whether or not the same police 35
officer) that the driver has committed an offence against this Act 36
or the statutory rules (other than a camera recorded offence 37
within the meaning of Division 2 of Part 7.3) of: 38
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(i) exceeding a speed limit prescribed under this Act by more 1
than 45 kilometres per hour, or 2
(ii) exceeding a speed limit prescribed under this Act by more 3
than 30 kilometres per hour but not more than 4
45 kilometres per hour, as the holder of an applicable 5
learner licence or applicable provisional licence for the 6
class of vehicle being driven, 7
(d) if it appears to a police officer (whether or not the same police 8
officer) that the driver has committed an offence against the 9
statutory rules of being the holder of an applicable learner licence 10
driving unaccompanied by a supervising driver. 11
(2) An immediate licence suspension notice may be given to a driver at any 12
time within 48 hours of: 13
(a) the driver being served with a penalty notice for the offence 14
concerned, or 15
(b) the driver being charged with the offence concerned. 16
(3) An immediate licence suspension notice for the purposes of this section 17
is a notice in a form approved by the Authority that informs that driver 18
of the following: 19
(a) the relevant suspension information for the driver concerned that 20
is referred to in subsection (4), 21
(b) the driver's right of appeal under Part 7.8. 22
(4) The relevant suspension information for an immediate licence 23
suspension notice for a driver is as follows: 24
(a) if the driver holds a driver licence issued in this jurisdiction and 25
is charged with an offence referred to in subsection (1) (a), (b), 26
(c) or (d)--a statement to the effect that any driver licence held 27
by the driver is suspended from a date specified in the notice, or 28
(if the notice so specifies) immediately on receipt of the notice, 29
until the charge is heard and determined by a court (or until the 30
charge is withdrawn), 31
(b) if the driver is an authorised visiting driver and is charged with an 32
offence referred to in subsection (1) (a), (b), (c) or (d)--a 33
statement to the effect that the driver's authority to drive in this 34
jurisdiction is suspended from a date specified in the notice, or (if 35
the notice so specifies) immediately on receipt of the notice, until 36
the charge is heard and determined by a court (or until the charge 37
is withdrawn), 38
(c) if the driver holds a driver licence issued in this jurisdiction and 39
is served with a penalty notice for an offence referred to in 40
subsection (1) (c) or (d)--a statement to the effect that any driver 41
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licence held by the person is suspended from a date specified in 1
the notice, or (if the notice so specifies) immediately on receipt 2
of the notice, until whichever of the following happens first: 3
(i) a period of 6 months (in the case of an offence referred to 4
in subsection (1) (c) (i)) or 3 months (in the case of an 5
offence referred to in subsection (1) (c) (ii) or (d)) elapses 6
after the date on which the offence is alleged to have been 7
committed, 8
(ii) if the driver elects to have the matter determined by a court 9
in accordance with Part 3 of the Fines Act 1996--the 10
matter is heard and determined by a court or a decision is 11
made not to take or continue proceedings against the 12
person, 13
(iii) a decision is made not to enforce the penalty notice, 14
(d) if the driver is an authorised visiting driver and is served with a 15
penalty notice for an offence referred to in subsection (1) (c) or 16
(d)--a statement to the effect that the driver's authority to drive 17
in this jurisdiction is suspended from a date specified in the 18
notice, or (if the notice so specifies) immediately on receipt of the 19
notice, until whichever of the following happens first: 20
(i) a period of 6 months (in the case of an offence referred to 21
in subsection (1) (c) (i)) or 3 months (in the case of an 22
offence referred to in subsection (1) (c) (ii) or (d)) elapses 23
after the date on which the offence is alleged to have been 24
committed, 25
(ii) if the driver elects to have the matter determined by a court 26
in accordance with Part 3 of the Fines Act 1996--the 27
matter is heard and determined by a court or a decision is 28
made not to take or continue proceedings against the 29
person, 30
(iii) a decision is made not to enforce the penalty notice. 31
(5) Particulars of each immediate licence suspension notice given under 32
this section are to be forwarded to the Authority immediately after the 33
notice is given. 34
(6) For the purposes of this section: 35
(a) a person is charged with an offence when particulars of the 36
offence are notified in writing to the person by a police officer, 37
and 38
(b) a charge is withdrawn when the person charged is notified in 39
writing of that fact by a police officer or when it is withdrawn 40
before the court, and 41
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(c) a charge is determined by a court when the offence is proved or 1
the court attendance notice is dismissed, and 2
(d) a decision is made not to take or continue proceedings against a 3
person when the person is notified in writing of that fact by a 4
police officer or the proceedings are discharged by the court, and 5
(e) a decision is made not to enforce a penalty notice in relation to a 6
person when the person is notified in writing of that fact by: 7
(i) a police officer, or 8
(ii) an appropriate officer for the penalty notice within the 9
meaning of Part 3 of the Fines Act 1996, or 10
(iii) a member of staff of the State Debt Recovery Office. 11
225 Effect of immediate licence suspension notice (cf Gen Act, ss 205 (3), (5) 12
and (6) and 206 (3)) 13
(1) If an immediate licence suspension notice is given to a driver: 14
(a) in the case of a driver who holds a driver licence issued in this 15
jurisdiction--any driver licence held by the driver in this 16
jurisdiction is suspended in accordance with the terms of the 17
notice, or 18
(b) in the case of a driver who is an authorised visiting driver--any 19
authority of the driver to drive in this jurisdiction is suspended in 20
accordance with the terms of the notice. 21
(2) If a person who holds a driver licence issued in this jurisdiction is given 22
an immediate licence suspension notice, the person must surrender the 23
person's driver licence in compliance with the notice. 24
Maximum penalty: 20 penalty units. 25
(3) If, on the determination by a court of the charge for the offence for 26
which the notice was given, the person is disqualified from holding or 27
obtaining a licence for a specified time: 28
(a) the court must take into account the period of suspension under 29
this Division when deciding whether to make any order under 30
section 205, and 31
(b) to the extent (if any) that the court so orders, a suspension under 32
this Division may be regarded as satisfying all or part of any 33
mandatory minimum period of disqualification required by that 34
section to be imposed when the charge is proved. 35
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Division 5 Downgrading of licences 1
226 Downgrading of driver licences (cf Gen Act, s 207) 2
(1) If a driver licence is cancelled as a special measure and the offence or 3
offences (or alleged offence or offences) that gave rise to the 4
cancellation arose wholly or mainly out of the use of a motor vehicle or 5
trailer of a class prescribed for the purposes of this section, the 6
Authority may issue the former licensee with another driver licence in 7
substitution for the cancelled driver licence that does not authorise the 8
driving of motor vehicles or trailers of that class. 9
(2) For the purposes of this section, a driver licence is cancelled as a special 10
measure if it is cancelled by: 11
(a) the operation of the road transport legislation as a result of the 12
imposition on the licensee of a period of disqualification from 13
holding a driver licence, or 14
(b) the Authority under this Act because of: 15
(i) the licensee's driving record of offences or alleged 16
offences, or 17
(ii) an alleged speeding offence referred to in section 59. 18
(3) The statutory rules may make provision for or with respect to the 19
exercise by the Authority of its power under this section. 20
(4) Nothing in this section: 21
(a) limits any discretion of the Authority under the road transport 22
legislation to decline to issue a driver licence to a person or cancel 23
a driver licence, or 24
(b) permits the issue of any driver licence to a person who for the 25
time being is disqualified from holding one. 26
Part 7.5 Compensation orders 27
227 Court may order compensation for damages and other losses (cf Gen 28
Act, s 208) 29
A court that convicts a person of an offence against the road transport 30
legislation may order any person to pay such an amount as 31
compensation for loss of time or expense incurred in consequence of the 32
offence of which the defendant was convicted as the court thinks fit. 33
228 Compensation for loss of time (cf Gen Act, s 209) 34
(1) If proceedings are commenced by any person (other than a police 35
officer or the Authority) for any offence against the road transport 36
legislation and the proceedings are dismissed or withdrawn, the court 37
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Part 7.5 Compensation orders
concerned may, if it thinks fit, order that the person bringing the 1
proceedings pay to the defendant, in addition to any costs, such 2
compensation for loss of time or otherwise as seems reasonable. 3
(2) Subsection (1) extends to a court hearing an appeal in any such 4
proceedings. 5
229 Compensation orders for damage to road infrastructure (cf Gen Act, s 210) 6
(1) A court that finds a person guilty of an applicable road law offence may 7
make an order (a roads compensation order) requiring the offender to 8
pay a roads authority such amount by way of compensation as the court 9
thinks fit for damage to any road infrastructure that the roads authority 10
has incurred or is likely to incur in consequence of the offence. 11
(2) A roads compensation order may be made on the application of the 12
prosecutor, the roads authority or the Authority. 13
(3) A roads compensation order may only be made in favour of a roads 14
authority. 15
(4) The court may make a roads compensation order where it is satisfied on 16
the balance of probabilities that the commission of the offence caused 17
or contributed to the damage. 18
(5) The court may make a roads compensation order when it finds the 19
offender guilty of the offence or at any time afterwards, but not later 20
than the period within which a prosecution for the offence could have 21
been commenced. 22
230 Assessment of compensation (cf Gen Act, s 211) 23
(1) In making a roads compensation order, the court may assess the amount 24
of compensation in the manner it considers appropriate, including (for 25
example) the estimated cost of remedying the damage. 26
(2) In assessing the amount of compensation, the court may take into 27
account the matters it considers relevant, including: 28
(a) any evidence adduced in connection with the prosecution of the 29
offence, and 30
(b) any evidence not adduced in connection with the prosecution of 31
the offence but adduced in connection with the making of the 32
proposed order, and 33
(c) any certificate of the roads authority stating that the roads 34
authority maintains the road concerned, and 35
(d) any other certificate of the roads authority, such as a certificate: 36
(i) estimating the monetary value of all or any part of the road 37
infrastructure or of the damage to it, or 38
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Compensation orders Part 7.5
(ii) estimating the cost of remedying the damage, or 1
(iii) estimating the extent of the offender's contribution to the 2
damage. 3
231 Service of certificates (cf Gen Act, s 212) 4
(1) If a roads authority proposes to use a certificate referred to in 5
section 230 in proceedings, the roads authority must serve a copy of the 6
certificate on the defendant at least 28 working days before the day on 7
which the matter is set down for hearing. 8
(2) Any such certificate cannot be used in the proceedings unless a copy of 9
the certificate has been served in accordance with this section. 10
(3) A defendant who wishes to challenge a statement in any such certificate 11
must serve a notice in writing on the roads authority at least 14 working 12
days before the day on which the matter is set down for hearing. 13
(4) The notice of intention must specify the matters in the certificate that are 14
intended to be challenged. 15
(5) If the defendant is intending to challenge the accuracy of any 16
measurement, analysis or reading in the certificate, the defendant must 17
specify the reason why the defendant alleges that it is inaccurate and 18
must specify the measurement, analysis or reading that the defendant 19
considers to be correct. 20
(6) The defendant cannot challenge any matter in the certificate if the 21
requirements of this section have not been complied with in relation to 22
the certificate, unless the court gives leave to do so in the interests of 23
justice. 24
232 Limits on amount of compensation (cf Gen Act, s 213) 25
(1) If, in making a roads compensation order, the court is satisfied that the 26
commission of the offence concerned contributed to the damage but that 27
other factors not connected with the commission of the offence also 28
contributed to the damage, the court must limit the amount of the 29
compensation payable by the offender to the amount it assesses as being 30
the offender's contribution to the damage. 31
(2) The maximum amount of compensation cannot exceed the monetary 32
jurisdictional limit of the court in civil proceedings. 33
(3) The court may not include in the roads compensation order any amount 34
for: 35
(a) personal injury or death, or 36
(b) loss of income (whether sustained by a roads authority or any 37
other person or organisation), or 38
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(c) damage to any property (including a vehicle) that is not part of the 1
road infrastructure. 2
233 Costs (cf Gen Act, s 214) 3
The court has the same power to award costs in relation to the 4
proceedings for a compensation order under this Part as it has in relation 5
to civil proceedings, and the relevant provisions of laws applying to 6
costs in relation to civil proceedings apply with any necessary 7
adaptations to costs in relation to the proceedings for the compensation 8
order. 9
234 Enforcement of compensation order and costs (cf Gen Act, s 215) 10
A compensation order under this Part, and any award of costs, are 11
enforceable as if they were a judgment of the court in civil proceedings. 12
235 Relationship with orders or awards of other courts and tribunals (cf Gen 13
Act, s 216) 14
(1) A compensation order under this Part may not be made if another court 15
or tribunal has awarded compensatory damages or compensation in 16
civil proceedings in respect of the damage based on the same or similar 17
facts, and if a court purports to make an order under this Part in those 18
circumstances: 19
(a) the order is void to the extent that it covers the same matters as 20
those covered by the other award, and 21
(b) any payments made under the order to the extent to which it is 22
void must be repaid by the roads authority. 23
(2) The making of a compensation order under this Part does not prevent 24
another court or tribunal from afterwards awarding damages or 25
compensation in civil proceedings in respect of the damage based on the 26
same or similar facts, but the court or tribunal must take the order into 27
account when awarding damages or compensation. 28
(3) Nothing in this Part affects or limits any liability to pay costs under 29
section 102 of the Roads Act 1993, except as provided by this section. 30
Part 7.6 Sanctions concerning vehicles 31
Division 1 General 32
236 Object and effect of Part (cf Gen Act, s 217) 33
(1) This Part provides for the imposition of certain sanctions in addition to 34
any other penalties that may be imposed by or under the road transport 35
legislation with respect to sanctionable offences. 36
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(2) Nothing in this Part affects any discretion or power that a court or 1
person has apart from this Part in respect of any sanctionable or other 2
offence. 3
237 Definitions (cf Gen Act, s 217A) 4
(1) In this Part: 5
camera recorded offence means a speeding offence that was recorded 6
by an approved traffic enforcement device that is approved for excess 7
speed imaging or average speed detection. 8
crash test means a test to measure the effect of the impact of a motor 9
vehicle that collides with another vehicle or other object, or a 10
pedestrian, that is conducted by a person or body designated by the 11
Authority. 12
designated speed limit, in relation to a driver on a length of road, means: 13
(a) except as provided by paragraph (b)--the speed limit applicable 14
to the driver on the length of road (including a length of road in a 15
school zone) under this Act, or 16
(b) if the speed limit applicable to the driver on the length of road 17
(not being a length of road in a school zone) under this Act is 18
determined by a variable illuminated message device or other 19
speed limit sign indicating a speed limit lower than that normally 20
applicable to the road--the speed limit that would normally be 21
applicable to the driver on the length of road under this Act. 22
high range speed offence means an offence (not being a camera 23
recorded offence) of driving a vehicle at a speed more than 24
45 kilometres per hour over the designated speed limit applying to the 25
driver for the length of road at the time the offence is committed. 26
number-plate means a number-plate issued by the Authority and 27
includes a special number-plate within the meaning of section 66. 28
number-plate confiscation notice means a notice in a form approved by 29
the Commissioner of Police containing the information prescribed by 30
the statutory rules for the purposes of this definition. 31
number-plate confiscation period, in relation to a motor vehicle, means 32
the period during which the vehicle is prohibited from being operated 33
on a road by a number-plate confiscation notice. 34
offending operator means a person who, at the time of an offence or 35
alleged offence in connection with which a motor vehicle was or is 36
being used, was or is both the driver, and a registered operator, of the 37
motor vehicle. 38
production notice in relation to a motor vehicle or number-plates--see 39
section 239 (1). 40
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registered interest, in relation to a motor vehicle, means a security 1
interest in the vehicle with respect to which a financing statement 2
(within the meaning of the Personal Property Securities Act 2009 of the 3
Commonwealth) has been registered under that Act. 4
sanctionable offence means any of the following: 5
(a) a high range speed offence, 6
(b) an offence against section 115 or 116 (2), 7
(c) an offence against section 51B (Police pursuits) of the Crimes Act 8
1900, 9
(d) any other offence prescribed by the statutory rules. 10
school zone has the meaning that it has in the road rules prescribed 11
under this Act. 12
(2) In this Part: 13
working day, in relation to the impoundment of a motor vehicle, or the 14
delivery or confiscation of number-plates, means a day that is not: 15
(a) a Saturday or Sunday, or 16
(b) a public holiday or a bank holiday in the place at which the motor 17
vehicle was impounded, or the number-plates were confiscated or 18
required to be delivered under this Part. 19
Division 2 Additional sanctions for certain offences 20
238 When additional sanctions may be imposed (cf Gen Act, s 218) 21
A police officer may impose any one or more of the sanctions set out in 22
section 239 if the police officer reasonably believes that a motor 23
vehicle: 24
(a) is being or has (on that day or during the past 10 days) been 25
operated on a road by an offending operator of the vehicle so as 26
to commit a sanctionable offence, or 27
(b) is being or has (on that day or during the past 10 days) been 28
operated on a road by a driver (whether or not an offending 29
operator of the motor vehicle) during a number-plate confiscation 30
period, or 31
(c) is being or has (on that day or during the past 10 days) been 32
operated on a road by an offending operator of the vehicle who 33
has committed an offence against section 243 (Failure to comply 34
with production notice), or 35
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(d) is being operated on a road by a person who has been charged 1
with an offence against section 244 (Number-plate and other 2
offences), or 3
(e) is the subject of forfeiture under section 245. 4
239 Sanctions that may be imposed (cf Gen Act, s 218A) 5
(1) The police officer may do any one or more of the following: 6
(a) seize and take charge of the motor vehicle and cause it to be 7
moved to a place determined by the Commissioner of Police, 8
(b) immediately, or as soon as practicable afterwards, give or send 9
the offending operator a notice (a motor vehicle production 10
notice) requiring the offending operator to move or cause the 11
vehicle to be moved to, or to produce or cause to be produced to 12
a police officer at, a place specified in the notice no later than on 13
the date and time specified in the notice (the motor vehicle 14
production date), 15
(c) remove and confiscate the number-plates affixed to the motor 16
vehicle and attach a number-plate confiscation notice to the 17
motor vehicle, 18
(d) immediately or as soon as practicable afterwards: 19
(i) give the offending operator a notice (a number-plate 20
production notice) requiring the offending operator to 21
remove or cause to be removed the number-plates affixed 22
to the vehicle and produce them to a police officer at a 23
place specified in the notice no later than on the date and 24
time specified in the notice (the number-plate production 25
date), and 26
(ii) attach a number-plate confiscation notice to the motor 27
vehicle, 28
(e) as soon as practicable afterwards, send to the offending operator 29
at the garage address of the motor vehicle: 30
(i) a notice (a number-plate production notice) requiring the 31
offending operator to remove or cause to be removed the 32
number-plates affixed to the vehicle and produce them to 33
a police officer at a place specified in the notice no later 34
than on the date and time specified in the notice (the 35
number-plate production date), and 36
(ii) a number-plate confiscation notice. 37
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Clause 240 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.6 Sanctions concerning vehicles
(2) An offending operator who is sent a number-plate confiscation notice 1
under subsection (1) (e) must attach the number-plate confiscation 2
notice to the motor vehicle in the manner described on the notice no 3
later than on the number-plate production date. 4
Maximum penalty: 30 penalty units. 5
(3) Except as provided by this Part, a motor vehicle to which a 6
number-plate confiscation notice is attached under: 7
(a) subsection (1) (c) is prohibited from being operated on any road 8
during the period of 3 months commencing on the day the notice 9
is attached to the vehicle, and 10
(b) subsection (1) (d) or (e) is prohibited from being operated on any 11
road during the period of 3 months commencing from the 12
number-plate production date. 13
Note. See section 244 with respect to number-plate offences. 14
240 Production notices (cf Gen Act, s 218B) 15
(1) The date specified in a motor vehicle production notice or number-plate 16
production notice for production of a motor vehicle or number-plates, 17
respectively, must be a date that is no later than the first working day 18
occurring 5 days after the notice is given. 19
(2) A production notice may be given personally or by post and must state 20
the ground on which it is being given. 21
(3) The disposal of a motor vehicle within the period of 5 days after a 22
production notice is given in relation to the motor vehicle does not 23
affect the requirement to produce the motor vehicle or number-plates in 24
accordance with the notice, except as provided by subsection (4). 25
(4) A production notice ceases to have effect in relation to a motor vehicle 26
or number-plates if it is withdrawn by the Commissioner of Police by 27
notice in writing given to: 28
(a) the offending operator concerned, or 29
(b) a person who purchased the motor vehicle after the production 30
notice was given who satisfies the Commissioner of Police that 31
the purchase was made in good faith for value and without notice, 32
at the time of the purchase, of the production notice. 33
Note. It is an offence against section 244 (4) to operate a motor vehicle 34
to which a number-plate confiscation notice is attached when the vehicle 35
is not the subject of such a notice. 36
(5) On being given notice of the withdrawal of a production notice under 37
subsection (4), the offending operator or purchaser concerned must 38
remove any number-plate confiscation notice attached to the motor 39
vehicle before the motor vehicle is operated on any road. 40
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Road Transport Bill 2013 Clause 241
Compliance and enforcement Chapter 7
Sanctions concerning vehicles Part 7.6
241 Powers and duties relating to seizure of motor vehicles and removal of 1
number-plates (cf Gen Act, s 218C) 2
(1) A motor vehicle may be seized, or number-plates confiscated from a 3
motor vehicle, under section 239 on: 4
(a) a road or public place, or 5
(b) any other place, with the consent of the owner or occupier of the 6
place or under the authority of a search warrant issued under 7
section 255. 8
(2) For the purpose of exercising the powers conferred by section 239 (1) 9
(a) or (c), a police officer may: 10
(a) cause any locking device or other feature of the motor vehicle 11
concerned that is impeding the seizure and movement of the 12
motor vehicle to be removed, dismantled or neutralised and may, 13
if the driver or any other person will not surrender the keys to the 14
vehicle, start the vehicle by other means, and 15
(b) use or cause to be used such equipment and force as is necessary 16
to remove number-plates and remove or disable any device or 17
thing impeding the removal of the number-plates. 18
(3) A motor vehicle may be moved under section 239 (1) (a): 19
(a) by being driven, whether or not under power, or by its being 20
towed or pushed, or in any other manner, and 21
(b) by one or more police officers or, at the direction of a police 22
officer by persons engaged by the Commissioner of Police, and 23
may be impounded at premises under the control of the 24
Commissioner of Police or of another authority or person. 25
(4) A police officer is to deliver, or cause to be delivered, number-plates 26
that are confiscated under section 239 to the Authority as soon as 27
practicable (but no later than 5 working days after they are confiscated). 28
(5) A motor vehicle to which a number-plate confiscation notice is attached 29
under section 239 (1) (c) may: 30
(a) be moved by its being driven, whether or not under power, or by 31
its being towed or pushed, or in any other manner, to the nearest 32
place at which, in the opinion of the police officer concerned, it 33
may lawfully stand at that time, and 34
(b) be towed (at the expense of the registered operator) to its normal 35
garage address. 36
(6) If a motor vehicle is moved in accordance with this section by a tow 37
truck, the person operating or driving the tow truck may take such 38
action as is reasonable or necessary to facilitate the towing of the 39
vehicle in a manner that does the least damage to the vehicle. In taking 40
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Clause 242 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.6 Sanctions concerning vehicles
any such action, the person is not liable for any damage to the vehicle 1
that the person causes. 2
Note. For example, a tow truck driver may need to break into an unattended 3
motor vehicle that is causing an obstruction in order to release the hand brake 4
and avoid doing serious damage to the vehicle's transmission. 5
(7) The registered operator of a motor vehicle that has had its 6
number-plates removed is responsible for the safe and legal parking of 7
the vehicle, any fees for removal or towing and any other costs and 8
financial loss incurred (including any parking fines and any fees for the 9
issue of any number-plate to replace a number-plate damaged when 10
removed under this section). 11
242 Removal, impounding and production of vehicle (cf Gen Act, s 218D) 12
(1) Any motor vehicle moved to, or produced at, a place in accordance with 13
section 239 may, subject to the statutory rules, be impounded by the 14
Commissioner of Police at that place or may be moved to and 15
impounded at any other place determined by the Commissioner. 16
(2) A certificate in writing given by a police officer as to the fact and cost 17
of any such movement is evidence of those matters. 18
243 Failure to comply with production notice (cf Gen Act, s 218E) 19
(1) A driver who is a registered operator of a motor vehicle is guilty of an 20
offence if: 21
(a) the driver is given a motor vehicle production notice in relation 22
to the motor vehicle, and 23
(b) without reasonable excuse, the driver fails to move the motor 24
vehicle to or produce it at, or cause it to be moved to or produced 25
at, the place, on the date and within the time period, specified in 26
the notice. 27
Maximum penalty: 30 penalty units. 28
(2) A driver who is a registered operator of a motor vehicle is guilty of an 29
offence if: 30
(a) the driver is given a number-plate production notice in relation to 31
number-plates affixed to the vehicle, and 32
(b) without reasonable excuse, the driver fails to remove or cause to 33
be removed the number-plates and produce or cause them to be 34
produced at the place, on the date and within the time period, 35
specified in the notice. 36
Maximum penalty: 30 penalty units. 37
Page 180
Road Transport Bill 2013 Clause 244
Compliance and enforcement Chapter 7
Sanctions concerning vehicles Part 7.6
(3) The Authority may suspend the registration of a registrable vehicle for 1
a period not exceeding 3 months if the registered operator of the vehicle: 2
(a) is found guilty of an offence against this section, or 3
(b) pays the whole or part of the amount specified in a penalty notice 4
issued in respect of an offence against this section, or in any 5
process subsequent to such a penalty notice, as the amount that is 6
payable in order to dispose of the alleged offence without having 7
it dealt with by a court, or 8
(c) has not paid the amount so specified, has not elected to have the 9
matter dealt with by a court and the time for electing to have the 10
matter so dealt with has elapsed. 11
Note. Under this section, the Authority may suspend the registration of a vehicle 12
even if the court does not proceed to conviction after finding the driver or 13
registered operator guilty and makes an order under section 10 of the Crimes 14
(Sentencing Procedure) Act 1999. 15
(4) Any suspension under subsection (3) is in addition to any penalty 16
imposed by a court or prescribed by the statutory rules under 17
section 195 for the offence. 18
(5) A motor vehicle used by an offending operator who has committed a 19
second or subsequent offence against this section is, by the finding of 20
guilt by the court, forfeited to the Crown unless already forfeited under 21
section 245 or the court otherwise directs under section 246 22
(Commutation of forfeiture). 23
Note. A forfeited motor vehicle may be crash tested--see section 252 (6). 24
(6) For the purposes of subsection (5), an offence against this section 25
includes an offence in respect of which the charge is found proven, or a 26
person is found guilty, (but without proceeding to a conviction) under 27
section 10 of the Crimes (Sentencing Procedure) Act 1999. 28
244 Number-plate and other offences (cf Gen Act, s 218F) 29
(1) A person must not, without lawful excuse, operate a motor vehicle on a 30
road during a number-plate confiscation period applying to the motor 31
vehicle. 32
Maximum penalty: 30 penalty units. 33
(2) A person must not, without lawful excuse, remove, tamper with or 34
modify a number-plate confiscation notice attached to a motor vehicle 35
during a number-plate confiscation period applying to the motor 36
vehicle. 37
Maximum penalty: 30 penalty units. 38
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Clause 244 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.6 Sanctions concerning vehicles
(3) A person must not, without lawful excuse, operate a motor vehicle on a 1
road during a number-plate confiscation period applying to the motor 2
vehicle while any of the following is affixed to the vehicle: 3
(a) a number-plate issued (whether or not in respect of the 4
registration of that particular vehicle) under a law in force in this 5
or another jurisdiction, 6
(b) an altered number-plate issued under such a law, 7
(c) a number-plate likely to be mistaken for, or resembling, such a 8
number-plate. 9
Maximum penalty: 30 penalty units. 10
(4) A person must not operate a motor vehicle on a road with a 11
number-plate confiscation notice, or thing resembling such a notice, 12
attached to the vehicle when the vehicle is not the subject of such a 13
notice. 14
Maximum penalty: 20 penalty units. 15
(5) A registered operator of a registrable vehicle (other than the driver of 16
the vehicle) used in contravention of this section is also guilty of an 17
offence if it is proved that the operator caused, permitted, allowed or 18
failed to take reasonable precautions to prevent, the contravention. 19
Maximum penalty: 30 penalty units. 20
(6) A person must not by a false statement or representation attempt to 21
obtain the release of: 22
(a) a vehicle impounded under this Part, or 23
(b) number-plates confiscated under this Part. 24
Maximum penalty: 30 penalty units. 25
(7) The driver of a motor vehicle is not guilty of an offence against this 26
section if the driver did not know, and could not reasonably have 27
known, that: 28
(a) the motor vehicle was subject to a number-plate confiscation 29
notice, or 30
(b) the number-plates were affixed to the motor vehicle in 31
contravention of subsection (3). 32
(8) The registered operator of a motor vehicle is not guilty of an offence 33
against this section if the operator did not know, and could not 34
reasonably have known, that: 35
(a) the motor vehicle was being operated in contravention of a 36
number-plate confiscation notice, or 37
(b) the number-plates were affixed to the motor vehicle in 38
contravention of subsection (3). 39
Page 182
Road Transport Bill 2013 Clause 245
Compliance and enforcement Chapter 7
Sanctions concerning vehicles Part 7.6
245 Forfeiture of vehicles on finding of guilt of offending operator (cf Gen 1
Act, s 219) 2
(1) A motor vehicle used in connection with a sanctionable offence that is 3
a second or subsequent offence by the offending operator under the 4
provision concerned within a 5-year period is, by the finding of guilt by 5
the court, forfeited to the Crown unless already forfeited under 6
section 243 or the court otherwise directs under section 246. 7
Note. A forfeited motor vehicle may be crash tested--see section 252 (6). 8
(2) A motor vehicle used in connection with an offence against section 244 9
(a number-plate offence) is, by the finding of guilt by the court, 10
forfeited to the Crown unless already forfeited under section 243 or the 11
court otherwise directs under section 246. 12
Note. A forfeited motor vehicle may be crash tested--see section 252 (6). 13
(3) Any forfeiture under this section is in addition to any other penalty that 14
may be imposed for the offence concerned, but for the purposes of any 15
rights of appeal against a penalty so imposed by the court finding the 16
offence to be proven, the forfeiture is taken to be, or to be part of, that 17
penalty. 18
(4) For the purposes of this section, payment of the amount specified in a 19
penalty notice issued in respect of a sanctionable offence or a 20
number-plate offence, or in any process issued subsequent to such a 21
penalty notice, as the amount that is payable in order to dispose of the 22
alleged offence without having it dealt with by a court has the same 23
effect as a finding by a court that the offence was proven. 24
246 Commutation of forfeiture (cf Gen Act, s 219A) 25
(1) The court that finds a person guilty of an offence referred to in section 26
243 (5) or 245 (2) may, at the time of making that finding, by order 27
direct that the forfeiture that would otherwise be imposed under the 28
provision concerned by that finding be commuted to a period of 29
impounding, or confiscation of number-plates, specified in the order, if 30
the court is satisfied that the forfeiture of the motor vehicle will cause 31
extreme hardship to the offending operator or any other person. 32
(2) For the purposes of subsection (1), financial loss or difficulty in 33
carrying out employment (whether paid or unpaid) or in travelling to a 34
place of employment or business or to any place for the purposes of 35
education, training or study does not constitute extreme hardship. 36
(3) The period for which a motor vehicle was impounded under section 242 37
is to be reckoned as counting towards a period of impounding imposed 38
under this section. 39
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Clause 247 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.6 Sanctions concerning vehicles
(4) A motor vehicle impounded by an order of a court under this section is 1
to be retained by the Commissioner of Police for the time required by 2
the order, unless it is sooner released under this Part. 3
(5) Number-plates confiscated by an order of a court under this section are 4
to be retained by the Authority for the time required by the order, unless 5
they are sooner released under this Part. 6
247 Interested persons to be notified (cf Gen Act, s 220) 7
The offending operator is to give the holder of any registered interest in 8
a motor vehicle notice of the imposition of any sanction in relation to 9
the motor vehicle operated in connection with the offence concerned 10
under section 239. 11
248 Retention of motor vehicle impounded or number-plates confiscated 12
under this Part (cf Gen Act, s 221) 13
(1) The Commissioner of Police is to retain a motor vehicle impounded 14
under section 242 for the period of 3 months after its impoundment, 15
unless it is sooner released under this Part or in accordance with the 16
statutory rules. 17
(2) The Authority is to retain number-plates confiscated under section 239 18
for the period of 3 months after they are confiscated, unless they are 19
sooner released under this Part or in accordance with the statutory rules. 20
(3) This section does not apply in the case of a motor vehicle impounded in 21
the circumstances referred to in section 238 (e), except as prescribed by 22
the statutory rules. 23
249 Early release of motor vehicle and number-plates on application to Local 24
Court (cf Gen Act, s 222) 25
(1) A person may apply to the Local Court for an order for the release into 26
the person's custody of: 27
(a) a motor vehicle impounded under this Part before the end of the 28
period of impounding imposed on the motor vehicle, or 29
(b) number-plates confiscated under this Part before the end of the 30
number-plate confiscation period applying to the number-plates. 31
(2) An order cannot provide for release on a day that is less than 5 working 32
days after the vehicle was impounded or the number-plates were 33
confiscated. 34
(3) In determining whether to make an order under this section, the Local 35
Court is entitled to have regard to the following: 36
(a) the safety of the public and the public interest in preventing the 37
use of a motor vehicle that the Court considers is reasonably 38
Page 184
Road Transport Bill 2013 Clause 250
Compliance and enforcement Chapter 7
Sanctions concerning vehicles Part 7.6
likely in all the circumstances to be used for further sanctionable 1
offences, 2
(b) any alleged extreme hardship to a person other than the registered 3
operator of the motor vehicle arising from the impoundment of 4
the vehicle or confiscation of the number-plates. 5
(4) The motor vehicle or number-plates are to be released by order of the 6
Local Court only after the applicant has paid in full any applicable 7
movement, towing and storage fees under section 250. 8
(5) An applicant into whose custody a motor vehicle is released by an order 9
under this section must acknowledge in writing receipt of the motor 10
vehicle from the custody of the Commissioner of Police. 11
(6) An applicant into whose custody number-plates are released by an order 12
under this section must acknowledge in writing receipt of the 13
number-plates from the custody of the Authority. 14
(7) An applicant into whose custody number-plates are released by an order 15
under this section must remove any number-plate confiscation notice 16
attached to the motor vehicle before the motor vehicle is operated on 17
any road. 18
250 Release of impounded vehicle and number-plates (cf Gen Act, s 223) 19
(1) The statutory rules may prescribe the fees (if any) payable in respect of 20
the movement, towage and storage of an impounded vehicle or release 21
of number-plates and the persons responsible for payment of those fees. 22
(2) It is the duty of the Commissioner of Police to endeavour to cause any 23
impounded motor vehicle to be available for collection by a person 24
entitled to its possession as soon as the person is entitled to it. 25
(3) However, the Commissioner of Police is not required to release any 26
motor vehicle under this section or to release any vehicle in accordance 27
with an order of the Local Court unless all movement, towing and 28
storage fees payable under this section in respect of the impounded 29
vehicle have been paid in full. 30
(4) An applicant to whom a motor vehicle is released under this section 31
must in writing acknowledge receipt of the vehicle from the custody of 32
the Commissioner of Police. 33
(5) The Commissioner of Police may waive the whole or any part of the 34
prescribed fees for movement, towage and storage of a motor vehicle. 35
(6) It is the duty of the Authority to endeavour to cause any number-plates 36
to be available for collection by a person entitled to possession of the 37
number-plates as soon as the person is entitled to them or, if the 38
Page 185
Clause 251 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.6 Sanctions concerning vehicles
number-plates were damaged when removed under this Part, to issue 1
replacement number-plates. 2
251 Safe keeping of motor vehicles (cf Gen Act, s 224) 3
The Commissioner of Police has (in the Commissioner's official 4
capacity) a duty to take all reasonable steps to secure an impounded 5
motor vehicle against theft or damage (otherwise than by crash testing 6
under this Part) while impounded. 7
252 Disposal and crash testing of vehicles (cf Gen Act, s 225) 8
(1) The Commissioner of Police may cause an impounded or forfeited 9
motor vehicle to be offered for sale in the circumstances prescribed by 10
the statutory rules. The sale is to be by public auction or public tender. 11
(2) The motor vehicle may be disposed of otherwise than by sale if the 12
Commissioner of Police believes on reasonable grounds that the vehicle 13
has no monetary value or that the proceeds of the sale would be unlikely 14
to exceed the costs of sale. 15
(3) If the motor vehicle offered for sale is not sold, the Commissioner of 16
Police may dispose of the motor vehicle otherwise than by sale. 17
(4) The statutory rules may make provision for or with respect to the 18
disposal of the proceeds of any such sale, including provisions for or 19
with respect to entitling persons to seek to be paid any such proceeds. 20
(5) At the request of Transport for NSW, the Commissioner of Police may 21
dispose of a motor vehicle that is the subject of forfeiture under 22
section 245 by releasing it to Transport for NSW to be used for the 23
purposes of crash testing and any educational program for drivers of 24
motor vehicles established by Transport for NSW. 25
(6) Transport for NSW may cause any motor vehicle released to it to be 26
used for the purposes of crash testing and any educational program for 27
drivers of motor vehicles established by Transport for NSW. 28
253 Protection from liability with respect to impounding, removal of 29
number-plates and crash testing and other matters (cf Gen Act, s 226) 30
No action lies against the Crown, the Minister, the Commissioner of 31
Police, the Authority, Transport for NSW or any police officer for: 32
(a) any damage to, or theft of, a motor vehicle caused by, or arising 33
from, impounding or crash testing a motor vehicle or removing 34
number-plates from a motor vehicle in accordance with this Part, 35
or 36
(b) failure by an offending operator to give the holder of a registered 37
interest notice as required by section 247. 38
Page 186
Road Transport Bill 2013 Clause 254
Compliance and enforcement Chapter 7
Evidential provisions Part 7.7
254 Failure to prosecute (cf Gen Act, s 227) 1
(1) No action lies against the Crown, the Minister, the Commissioner of 2
Police or any police officer in respect of the seizure or impounding of a 3
motor vehicle, or the confiscation of number-plates, under this Part for 4
an alleged offence for which no proceedings or process are taken or 5
issued. 6
(2) This section does not protect a police officer from liability in respect of 7
the seizure or confiscation, otherwise than in good faith, of a motor 8
vehicle or number-plates. 9
255 Search warrants (cf Gen Act, s 228) 10
(1) A police officer may apply to an authorised warrants officer for a search 11
warrant if the police officer has reasonable grounds for believing that 12
there is or, within 72 hours, will be on any premises a motor vehicle that 13
has been operated as referred to in section 238 or in relation to which 14
number-plates have been, or are being, used in contravention of 15
section 244. 16
(2) An authorised warrants officer to whom such an application is made 17
may, if satisfied that there are reasonable grounds for doing so, issue a 18
search warrant authorising a police officer named in the warrant: 19
(a) to enter the premises, and 20
(b) to search the premises for such a motor vehicle or number-plates, 21
and 22
(c) to seize such a motor vehicle or number-plates, and otherwise 23
deal with it, in accordance with this Part. 24
(3) Division 4 of Part 5 of the Law Enforcement (Powers and 25
Responsibilities) Act 2002 applies to a search warrant issued under this 26
section. 27
(4) In this section: 28
authorised warrants officer means an authorised officer within the 29
meaning of the Law Enforcement (Powers and Responsibilities) Act 30
2002. 31
premises has the same meaning as in the Law Enforcement (Powers and 32
Responsibilities) Act 2002. 33
Part 7.7 Evidential provisions 34
256 Application of Part (cf Gen Act, s 229) 35
(1) A provision of this Part applies to the kinds of proceedings specified in 36
the provision. 37
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Clause 257 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.7 Evidential provisions
(2) A provision of this Part that is expressed to apply to any proceedings 1
extends to any proceedings regardless of whether the proceedings relate 2
to a matter arising under the road transport legislation. 3
257 Certificate evidence (cf Gen Act, s 230) 4
(1) A statement in a certificate purporting to have been issued by an 5
Australian Authority, an Australian authorised officer or an Australian 6
police officer that, at a specified time or during a specified period, any 7
of the matters referred to in the Table is or was, or is or was not, the case 8
is admissible in any proceedings and is prima facie evidence of the 9
matters stated. 10
Table 11
Item Matter that may be certified
1 A specified vehicle or combination was or was not a heavy
vehicle or heavy combination.
2 A specified vehicle or combination was or was not of a particular
class of heavy vehicle or heavy combination.
3 A specified person was or was not the registered operator of a
heavy vehicle.
4 A specified person was or was not a member of or participant in
an approved road transport compliance scheme.
5 A specified location was or was not, or was or was not part of, a
road.
6 Without limiting item 5, a specified area was the subject of a
declaration referred to in section 18 or was not the subject of a
declaration under section 19, or both.
7 A specified location was or was not subject to a specified
prohibition, restriction or other requirement regarding the
operation or use of vehicles or specified classes of vehicles
(including, for example, a temporary restriction on load limits
during wet weather).
8 A specified vehicle was or was not registered in Australia.
9 A specified vehicle was or was not insured to cover third party
personal injury or death either generally or during a specified
period or in a specified situation or specified circumstances.
Page 188
Road Transport Bill 2013 Clause 257
Compliance and enforcement Chapter 7
Evidential provisions Part 7.7
Item Matter that may be certified
10 Any specified specifications, capabilities or legal entitlements or
other information relating to a specified vehicle or combination
(or a specified component of a specified vehicle or combination)
were or were not recorded in an Australian Authority's records
(including a register kept by the Australian Authority), or were
or were not displayed on the vehicle or combination in
accordance with an Australian applicable road law.
11 A specified person was or was not the holder of a relevant
Australian driver licence that was of a specified class, or that was
subject to specified conditions.
12 A specified person is or was disqualified from holding a relevant
Australian driver licence or other authority to drive a motor
vehicle and the circumstances of any such disqualification.
13 A specified person has incurred specified demerit points.
14 A specified person was or was not the holder of a relevant
Australian driver licence that was of a specified class, or that was
subject to specified conditions, and that authorised the person to
drive a vehicle or combination or a vehicle or combination of a
specified class.
15 A specified person was or was not the holder of a relevant
Australian driver licence that authorised the person to drive a
vehicle or combination of a specified class either generally or at
a specified time or during a specified period or on a specified
route or in a specified area or subject to specified conditions.
16 A specified person was or was not the holder of a permit under
an Australian applicable road law to drive or operate a specified
vehicle or combination or a vehicle or combination of a specified
class either generally or subject to specified conditions.
17 A specified penalty, fee or charge was or was not, or is or is not,
payable under the road transport legislation or an Australian
applicable road law by a specified person.
18 A specified penalty notice under the road transport legislation or
a specified infringement notice under an Australian applicable
road law was served on a specified person in a specified way on
a specified date.
19 A specified penalty notice under the road transport legislation or
a specified infringement notice under an Australian applicable
road law was served in relation to a specified vehicle or
combination.
20 A specified penalty notice under the road transport legislation or
a specified infringement notice under an Australian applicable
road law has or has not been withdrawn or amended.
Page 189
Clause 257 Road Transport Bill 2013
Chapter 7 Compliance and enforcement
Part 7.7 Evidential provisions
Item Matter that may be certified
21 A specified penalty notice under the road transport legislation or
a specified infringement notice under an Australian applicable
road law has been amended in a specified way on a specified
date.
22 A specified person has or has not paid an infringement penalty
under an Australian applicable road law.
23 A specified person had or had not notified an Australian
Authority:
(a) of any change of address or of a specified change of
address, or
(b) that the person suffered from any prescribed medical
condition or from any specified prescribed medical
condition.
24 A specified person, vehicle or combination was or was not
subject to a specified registration, licence, permit, authorisation,
approval, exemption or notice under the road transport
legislation or an Australian applicable road law.
25 A specified registration, licence, permit, authorisation, approval,
exemption or notice was or was not varied, suspended, cancelled
or revoked under the road transport legislation or an Australian
applicable road law.
26 A specified person, vehicle or combination had or did not have
specified legal entitlements.
27 A specified document was or was not lodged, or a specified fee
was or was not paid, by a specified person.
28 A specified person was or was not an authorised officer under
the road transport legislation or an Australian applicable road
law.
29 A specified identification card was an identification card issued
or designated by an Australian Authority and was or was not
current.
30 A specified authorised officer was authorised to exercise a
specified power, and:
(a) was not restricted by an Australian Authority in the
exercise of the power, or
(b) was not restricted in a specified way in the exercise of the
power.
31 A specified person or body was an Australian Authority.
32 A specified person was an approved officer under the Road
Transport (Vehicle and Driver Management) Act 2005.
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Item Matter that may be certified
33 Specified terms and conditions were the terms and conditions on
which a specified person was an approved officer under the Road
Transport (Vehicle and Driver Management) Act 2005.
34 A specified road, or a specified part of the road, was a declared
route within the meaning of Part 3.6 of the Road Transport
(Vehicle and Driver Management) Act 2005.
35 A specified area was a declared zone within the meaning of Part
3.6 of the Road Transport (Vehicle and Driver Management) Act
2005.
36 A specified vehicle or combination (or specified component of a
specified vehicle or combination) was weighed by or in the
presence of a specified authorised officer on a specified
weighbridge or weighing facility or by the use of a specified
weighing device and that a specified mass was the mass of the
vehicle or combination (or component).
37 Any matter in connection with the previous operation of the road
transport legislation or an Australian applicable road law (within
the meaning of the Road Transport (General) Act 2005) that
could have been included in a certificate for the purposes
section 230 of that Act before the repeal of that section.
(2) Without limiting subsection (1), a statement in a certificate purporting 1
to have been issued by an Australian Authority, an Australian 2
authorised officer or an Australian police officer as to any matter that 3
appears in or can be calculated from records kept or accessed by the 4
Australian Authority or officer is admissible in any proceedings and is 5
prima facie evidence of the matters stated. 6
(3) Subsection (2) extends to any matter that appears in a towing 7
authorisation within the meaning of the Tow Truck Industry Act 1998. 8
258 Proof of appointments and signatures unnecessary (cf Gen Act, s 231) 9
(1) For the purposes of this Act, it is not necessary to prove the appointment 10
of an office holder. 11
(2) For the purposes of this Act, a signature purporting to be the signature 12
of an office holder is evidence of the signature it purports to be. 13
(3) In this section: 14
office holder means: 15
(a) the Chief Executive of the Authority, or 16
(b) the chief executive of any other Australian Authority, or 17
(c) the Commissioner of Police, or 18
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Part 7.7 Evidential provisions
(d) the head of the police force or police service of any other 1
jurisdiction, or 2
(e) an authorised officer (other than a police officer), or 3
(f) any other Australian authorised officer, or 4
(g) a police officer, or 5
(h) any other Australian police officer. 6
259 Vicarious responsibility (cf Gen Act, s 232) 7
(1) If, in proceedings for an offence against the road transport legislation, it 8
is necessary to establish the state of mind of a body corporate in relation 9
to particular conduct, it is sufficient to show: 10
(a) that the conduct was engaged in by a director, employee or agent 11
of the body corporate within the scope of their actual or apparent 12
authority, and 13
(b) that the director, employee or agent had the relevant state of 14
mind. 15
(2) For the purposes of a prosecution for an offence against the road 16
transport legislation, conduct engaged in on behalf of a body corporate 17
by a director, employee or agent of the body corporate within the scope 18
of their actual or apparent authority is taken to have been engaged in 19
also by the body corporate, unless the body corporate establishes that it 20
took reasonable precautions and exercised due diligence to avoid the 21
conduct. 22
(3) If, in proceedings for an offence against the road transport legislation, it 23
is necessary to establish the state of mind of a person other than a body 24
corporate (the employer) in relation to particular conduct, it is sufficient 25
to show: 26
(a) that the conduct was engaged in by an employee or agent of the 27
employer within the scope of their actual or apparent authority, 28
and 29
(b) that the employee or agent had the relevant state of mind. 30
(4) For the purposes of a prosecution for an offence against the road 31
transport legislation, conduct engaged in on behalf of a person other 32
than a body corporate (the employer) by an employee or agent of the 33
employer within the scope of their actual or apparent authority is taken 34
to have been engaged in also by the employer, unless the employer 35
establishes that the employer took reasonable precautions and exercised 36
due diligence to avoid the conduct. 37
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(5) In this section: 1
director of a body corporate includes a constituent member of a body 2
corporate incorporated for a public purpose by a law of any jurisdiction. 3
state of mind of a person includes: 4
(a) the knowledge, intention, opinion, belief or purpose of the 5
person, and 6
(b) the person's reasons for the intention, opinion, belief or purpose. 7
260 Averments (cf Gen Act, s 233) 8
(1) In proceedings for an offence against the road transport legislation, a 9
statement or allegation in a complaint or charge made by the person 10
bringing the proceedings that, at a specified time or during a specified 11
period: 12
(a) a specified vehicle or combination was a heavy vehicle or heavy 13
combination, or 14
(b) a specified vehicle or combination was of a particular class of 15
heavy vehicle or heavy combination, or 16
(c) a specified person was the registered operator of a heavy vehicle, 17
or 18
(d) a specified person was a member of or participant in an approved 19
road transport compliance scheme, or 20
(e) a specified location was, or was part of, a road, or 21
(f) without limiting paragraph (e), a specified area was the subject of 22
a declaration referred to in section 18 or was not the subject of a 23
declaration under section 19, or both, or 24
(g) a specified location was subject to a specified prohibition, 25
restriction or other requirement regarding the operation or use of 26
vehicles or specified classes of vehicles (including, for example, 27
a temporary restriction on load limits during wet weather), 28
is prima facie evidence of that matter. 29
(2) In a prosecution for an offence against the road transport legislation, a 30
statement or allegation in a court attendance notice made by the person 31
bringing the proceedings that the offence was committed in a specified 32
place, at a specified time, on a specified date or during a specified period 33
is prima facie evidence of that matter. 34
261 Evidence regarding measuring and weighing (cf Gen Act, s 234) 35
A statement in a certificate issued by an inspector within the meaning 36
of the National Measurement Act 1960 of the Commonwealth, or by the 37
holder of a servicing licence within the meaning of that Act, that on a 38
date specified in the certificate a specified measuring device was tested 39
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Part 7.7 Evidential provisions
and was found to measure accurately (or accurately within specified 1
tolerances): 2
(a) is admissible in any proceedings, and 3
(b) is evidence of the fact that the device measured accurately (or 4
accurately within those tolerances) at all times within the period 5
of 12 months after that date. 6
262 Evidence regarding weighing (cf Gen Act, s 235) 7
Evidence of a record made by: 8
(a) the operator of a weighbridge or weighing facility, or 9
(b) an employee of the operator of the weighbridge or weighing 10
facility, 11
of the mass of a vehicle or combination (or component of a vehicle or 12
combination) weighed at the weighbridge or facility is admissible in any 13
proceedings and is prima facie evidence in any proceedings for an 14
offence against the road transport legislation of the mass of the vehicle 15
or combination (or component) at the time it was weighed. 16
263 Evidence regarding manufacturer's ratings (cf Gen Act, s 236) 17
(1) Evidence of a written statement purporting to be made by the 18
manufacturer of a vehicle or component of a vehicle regarding the mass 19
rating of the vehicle or component determined by the manufacturer is 20
admissible in any proceedings and is prima facie evidence in any 21
proceedings for an offence against the road transport legislation: 22
(a) of the mass rating, and 23
(b) of any conditions to which the rating is subject included in the 24
statement, and 25
(c) that the statement was made by the manufacturer of the vehicle 26
or component. 27
(2) Evidence of a written statement purporting to be made by the 28
manufacturer of load restraint equipment designed for use on a vehicle 29
or combination (or a component of a vehicle or combination) regarding 30
the strength or performance rating of the equipment determined by the 31
manufacturer is admissible in any proceedings and is prima facie 32
evidence in any proceedings for an offence against the road transport 33
legislation: 34
(a) of the strength or performance rating, and 35
(b) that the equipment was designed for that use, and 36
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Road Transport Bill 2013 Clause 264
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Appeals and applications to Local Court Part 7.8
(c) of any conditions to which the rating is subject included in the 1
statement, and 2
(d) that the statement was made by the manufacturer of the 3
equipment. 4
264 Evidence not affected by nature of vehicle or combination (cf Gen Act, 5
s 237) 6
Evidence obtained in relation to a vehicle or combination in 7
consequence of the exercise of powers under this Act is not affected 8
merely because the vehicle or combination is not a heavy vehicle or 9
heavy combination. 10
265 Transport documentation and journey documentation (cf Gen Act, s 238) 11
(1) Transport documentation or journey documentation is admissible in any 12
proceedings under or for the purposes of an applicable road law within 13
the meaning of Part 4.2 of the Road Transport (Vehicle and Driver 14
Management) Act 2005 and is prima facie evidence of: 15
(a) the identity and status of the parties to the transaction to which it 16
relates, and 17
(b) the destination or intended destination of the load to which it 18
relates. 19
(2) The reference in subsection (1) to the status of the parties includes a 20
reference to their status as responsible persons (within the meaning of 21
Chapter 3 of the Road Transport (Vehicle and Driver Management) Act 22
2005) in relation to the transaction. 23
(3) In this section, journey documentation and transport documentation 24
have the same meanings as in the Road Transport (Vehicle and Driver 25
Management) Act 2005. 26
Part 7.8 Appeals and applications to Local Court 27
266 Definitions (cf Gen Act, ss 241 (1) (a) and 242 (1) (a)-(c)); Gen Reg, cll 15 (1) and 28
(5), 18 (1) and 22 (1)) 29
(1) In this Part: 30
appealable decision, in relation to a person, means any of the following 31
decisions: 32
(a) a decision of the Commissioner of Police under section 115 33
refusing to grant the person an approval under that section or 34
imposing any condition on any such approval, 35
(b) a decision of a police officer to give the person an immediate 36
licence suspension notice, 37
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Part 7.8 Appeals and applications to Local Court
(c) a decision of the Authority not to grant the person an application 1
for the issue, variation or renewal of a driver licence under the 2
statutory rules (other than a decision to refuse the person a driver 3
licence on the ground that the person, if already licensed, would 4
be liable to have action taken against the person under 5
section 36 (4)), 6
(d) a decision of the Authority to give the person a notice of licence 7
suspension or cancellation under section 40 (1) or a notice of 8
licence ineligibility under section 41 (1), 9
(e) a decision of the Authority to suspend or cancel the person's 10
driver licence under section 59, 11
(f) a decision of the Authority to refuse to grant or renew the 12
registration of a registrable vehicle of the person, 13
(g) a decision of the Authority to vary the conditions of the 14
registration of a registrable vehicle under Chapter 4 or the 15
statutory rules, 16
(h) a decision of the Authority to suspend the registration of a 17
registrable vehicle of the person under Chapter 4 or the statutory 18
rules, 19
(i) a decision of the Authority to cancel the registration of a 20
registrable vehicle under this Act or the statutory rules, 21
(j) a decision of the Authority not to issue an authorisation to repair 22
under section 86 (5), 23
(k) a decision of the Authority to suspend the registration of, or to 24
crash test, a registrable vehicle under Part 7.6, 25
(l) any other decision under the road transport legislation made in 26
relation to the person, or a vehicle of the person, that belongs to 27
a class of decisions prescribed by the statutory rules for the 28
purposes of this definition. 29
original application means any of the following: 30
(a) an application to the Local Court for an order under section 79 31
declaring a vehicle seized under that section to be forfeited to the 32
Crown, 33
(b) an application to the Local Court for an order of the kind referred 34
to in section 249 for the release of an impounded vehicle or 35
confiscated number-plates, 36
(c) any other application to the Local Court for an order of a kind 37
prescribed by the statutory rules. 38
(2) A vehicle is the vehicle of a person for the purposes of the definition of 39
appealable decision in subsection (1) if the person is the registered 40
operator or the owner of the vehicle. 41
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Appeals and applications to Local Court Part 7.8
(3) The definition of appealable decision in subsection (1) does not include 1
any of the following: 2
(a) the suspension or cancellation of the registration of a vehicle, or 3
the refusal to exercise a function, under Part 4 of the Fines Act 4
1996, 5
(b) such classes of decisions as may be excluded from the definition 6
by the statutory rules. 7
(4) Any statutory rules referred to in subsection (3) (b) that prescribe a class 8
of decisions may limit the class of persons for whom a decision referred 9
to in the subsection is an appealable decision for the purposes of this 10
Part. 11
267 Appealable decisions may be appealed to Local Court (cf Gen Reg, 12
cll 13 (2)-(5), 15 (2)-(4), 18 (5)-(7), 22 (3)-(5), 25AA, 25 (3), 28 (2), 29A (2), 29B (3) 13
and 140 (2)-(5)) 14
(1) A person may appeal to the Local Court under this Part against an 15
appealable decision made in relation to the person by another person 16
(the decision-maker) by filing a notice of appeal with the Court. 17
(2) Subject to section 268 (6), the notice of appeal must be filed with the 18
Local Court: 19
(a) no later than 28 days after the date on which the decision-maker 20
notifies the person of the appealable decision, or 21
(b) within such other period as may be prescribed by the statutory 22
rules (whether for the class of decision concerned or generally). 23
Note. This Act or the statutory rules may in some cases expressly provide for 24
the manner in which a particular kind of appealable decision is to be notified to 25
a person. See, for example, the service requirements for immediate licence 26
suspension notices. 27
(3) Subject to the rules of court of the Local Court, the notice of appeal must 28
specify the grounds of the appeal. 29
(4) The relevant registrar of the Local Court must give notice of the time 30
and place of the hearing of any appeal under this section: 31
(a) in the case of an appealable decision made by or on behalf of the 32
Authority--to the Authority, or 33
(b) in the case of an appealable decision made by the Commissioner 34
of Police or a police officer--to the Commissioner of Police, or 35
(c) in the case of any other appealable decision--to the 36
decision-maker or such other person as may be prescribed by the 37
statutory rules. 38
(5) A notice given under subsection (4) is to inform the person to whom it 39
is given of the grounds of the appeal. 40
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Part 7.8 Appeals and applications to Local Court
(6) The time of the hearing of an appeal under this Part must be not earlier 1
than 28 days after the date on which the notice under subsection (4) is 2
given. 3
(7) The hearing of an appeal under this Part may proceed despite any 4
omission or error in a notice under subsection (4), or the failure to give 5
any such notice, if the Local Court is satisfied that the appellant and the 6
person to whom the notice was to be given had knowledge of the time 7
and place of the hearing and were not prejudiced by any such omission 8
or error or by the failure to give any such notice. 9
268 Determination of appeals against appealable decisions (cf Gen Act, s 242 10
(4) and (5); Gen Reg, cll 14 (1) and (2), 16 (1) and (2), 18 (4), 20 (1) and (4), 22 (2), 11
23 (1)-(3), 25 (4), 28 (3)-(4), 29A (3)-(4), 29B (3)-(4) and 140 (6)) 12
(1) The Local Court is to hear and determine an appeal made to the Court 13
under this Part. 14
(2) Subject to subsections (3)-(6), the Local Court may determine an 15
appeal under this Part: 16
(a) by setting aside the decision, or 17
(b) by varying the decision, or 18
(c) by dismissing the appeal, or 19
(d) by making such other order as seems just to the Court in the 20
circumstances. 21
(3) In varying a decision in an appeal under this Part, the Local Court may 22
exercise only such powers as the decision-maker could have exercised 23
under the road transport legislation when making that decision. 24
(4) If the decision that is appealed against was based on an offence 25
committed (or alleged to have been committed) by the appellant under 26
the road transport legislation or any other law, the appeal against the 27
decision does not permit review of: 28
(a) the guilt or innocence of the appellant for the offence, or 29
(b) the imposition of a penalty or the level of a penalty imposed on 30
the appellant for the offence. 31
Note. The effect of this provision is that, for example, in an appeal against a 32
suspension or cancellation action taken under section 40 against the holder of 33
a provisional driver licence because of demerit points, the Local Court cannot 34
revisit the issue of an offence in relation to which the demerit points were 35
incurred or the imposition of a penalty in relation to such an offence. In any such 36
case, the Local Court may exercise only the powers that the Authority could 37
exercise under section 40 (see subsection (3)). 38
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Appeals and applications to Local Court Part 7.8
(5) In determining an appeal against a decision to give the appellant an 1
immediate licence suspension notice, the Local Court: 2
(a) is not to vary or set aside the decision unless it is satisfied that 3
there are exceptional circumstances justifying a lifting or 4
variation of the suspension, and 5
(b) is not, for the purposes of any such appeal, to take into account 6
the circumstances of the offence with which the person making 7
the application is charged, unless the statutory rules provide to 8
the contrary. 9
(6) An appeal against a decision to give the appellant an immediate licence 10
suspension notice must be made before the charge that occasioned the 11
suspension has been heard and determined by a court or withdrawn. 12
269 Statutory rules may make provision for appeals and original 13
applications (cf Gen Act, s 242 (1) and (2)) 14
The statutory rules may make provision for or with respect to the 15
following: 16
(a) the conferral of jurisdiction on the Local Court to hear and 17
determine original applications for orders of a kind prescribed by 18
the statutory rules for the purposes of paragraph (c) of the 19
definition of original application in section 266 (1), 20
(b) the matters that the Local Court may or must take into account (or 21
not take into account) when determining an appeal against a 22
specified class or classes of appealable decision or an original 23
application, 24
(c) the manner of notification of specified appealable decisions by 25
the Authority or any other person to persons affected by the 26
decisions, 27
(d) the notification of appeal rights concerning specified appealable 28
decisions to persons affected by the decision, 29
(e) the giving of reasons for specified appealable decisions or 30
original applications, 31
(f) the grounds on which the Local Court may (or may not) allow an 32
appeal against a specified appealable decisions, 33
(g) the adjournment of appeals or original applications under this 34
Part, 35
(h) the internal review of specified appealable decisions as a 36
precondition to appeals against such decisions under this Part, 37
(i) the actions that may be taken by the Local Court, or must be taken 38
by the Authority or any other person, after the determination of 39
an appeal or original application under this Part, 40
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Chapter 7 Compliance and enforcement
(j) the circumstances in which specified appealable decisions are or 1
are not stayed (or may or may not be stayed) by the Local Court 2
pending the determination of an appeal under this Part, 3
(k) the admission of specified certified documents in evidence in an 4
appeal or an original application under this Part as prima facie 5
evidence of the matters stated in the document. 6
270 Finality of decisions (cf Gen Act, s 242 (3); Gen Reg, cll 14 (3), 16 (3), 20 (6), 7
23 (5), 25 (5), 28 (5), 29A (5), 29B (6) and 140 (7)) 8
Subject to the statutory rules, the decision of the Local Court in respect 9
of an appeal or original application under this Part is final and is binding 10
on the appellant or applicant and, in the case of an appeal, on the 11
decision-maker who made the decision appealed against. 12
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Road Transport Bill 2013 Clause 271
Miscellaneous Chapter 8
Chapter 8 Miscellaneous 1
271 Fixing fees for services concerning driver licensing and vehicle 2
registration (cf DL Act, s 10; VR Act, s 8 (1) (k) and (2)) 3
(1) Subject to subsection (2), the Authority may, by notice published in the 4
Gazette, fix fees, or amend, waive or revoke fees, for: 5
(a) services provided by the Authority in connection with the 6
licensing of drivers or the renewal (or late renewal) of driver 7
licences, and 8
(b) services provided by the Authority in connection with the 9
registration, or the late renewal of registration, of registrable 10
vehicles or the issue of an unregistered vehicle permit, and 11
(c) the issue and use of special and other number-plates and for 12
damaged, lost, stolen or destroyed number-plates, and 13
(d) other matters related to services provided by the Authority under 14
this Act or the statutory rules in connection with driver licensing 15
or vehicle registration. 16
(2) The Authority may fix a fee under subsection (1) only if: 17
(a) the fee is fixed with the approval of the Minister, and 18
(b) a fee is not already prescribed by the statutory rules for the same 19
class of matter. 20
(3) This section does not prevent any other law fixing fees for services 21
provided by the Authority or fees being fixed under the statutory rules. 22
272 Power to repeal, revoke or make changes to approvals etc under this Act 23
Except where this Act provides otherwise, any notice, direction, 24
declaration, exemption, approval, authorisation, appointment or 25
permission given or made under a provision of this Act may be 26
amended, repealed, revoked or replaced in the same manner as it may 27
be given or made. 28
273 Delegation of functions under road transport legislation (cf DL Act, s 13; 29
Gen Act, s 123; VR Act, s 12) 30
(1) Subject to subsection (2), the Authority may, by instrument in writing, 31
delegate all or any of its functions under the road transport legislation 32
(other than this power of delegation) to: 33
(a) specified authorised officers or authorised officers of specified 34
classes, or 35
(b) any other persons (or persons belonging to a class of persons) 36
prescribed by the statutory rules. 37
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Chapter 8 Miscellaneous
(2) The statutory rules may make provision for or with respect to limiting 1
or excluding kinds of functions from the operation of subsection (1). 2
(3) The Commissioner of Police may, by instrument in writing, delegate all 3
or any of the Commissioner's functions under the road transport 4
legislation (other than this power of delegation) to specified police 5
officers or police officers of specified classes. 6
(4) A delegate may sub-delegate a delegated function, but only if and to the 7
extent that the instrument of delegation authorises the sub-delegation of 8
the function. 9
(5) Nothing in this section affects any other Act or law by or under which 10
functions may be delegated by the Authority or the Commissioner of 11
Police or by or under which functions of the Authority or the 12
Commissioner of Police may otherwise be exercised by other persons. 13
Note. Section 49 of the Interpretation Act 1987 contains general provisions 14
relating to delegations of functions. 15
274 Unpaid fees and charges (cf DL Act, s 34; Gen Act, s 244; STM Act, s77; VR Act, 16
s 30) 17
An amount of any unpaid fees or charges payable under this Act or the 18
statutory rules is a debt due to the Authority and, except as provided by 19
section 250 or clause 17 (2) of Schedule 2, may be recovered by the 20
Authority in a court of competent jurisdiction from the person liable to 21
pay the fees or changes. 22
275 Indemnity from personal liability for carrying out duties honestly and in 23
good faith (cf Gen Act, s 243) 24
(1) An individual does not incur civil liability for an act or omission done 25
honestly and in good faith in the course of the individual's duties under 26
the road transport legislation. 27
(2) A liability that would, apart from subsection (1), attach to an individual 28
because of an act or omission done honestly and in good faith in the 29
course of the individual's duties attaches instead: 30
(a) if it is an act or omission of a police officer, to the Crown, or 31
(b) if it is an act or omission of a person acting for the Authority, to 32
the Authority. 33
(3) An individual does not incur civil or criminal liability for carrying out a 34
test or examination in accordance with the statutory rules made for the 35
purposes of driver licensing and expressing to the Authority in good 36
faith an opinion formed as a result of having carried out the test or 37
examination. 38
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Road Transport Bill 2013 Clause 276
Miscellaneous Chapter 8
(4) An individual does not incur civil or criminal liability for reporting to 1
the Authority, in good faith, information that discloses or suggests that: 2
(a) another person is or may be unfit to drive, or 3
(b) it may be dangerous to allow another person to hold, to be issued 4
or to have renewed, a driver licence or a variation of a driver 5
licence. 6
276 Service of documents on persons generally (cf Gen Act, s 239) 7
(1) Any document that is authorised or required by or under the road 8
transport legislation to be given to or served on any person (other than 9
a corporation) may be given or served: 10
(a) personally, or 11
(b) by means of a letter addressed to the person and sent by post to 12
the person's business or home address, or 13
(c) by means of a letter addressed to the person and left at the 14
person's business or home address with a person who appears to 15
be of or above the age of 16 years and to reside at that address. 16
(2) Any document that is authorised or required by or under the road 17
transport legislation to be given to or served on any person (being a 18
corporation) may be given or served: 19
(a) by means of a letter addressed to the corporation and sent by post 20
to the address of any of its registered offices, or 21
(b) by means of a letter addressed to the corporation and left at the 22
address of any of the corporation's registered offices with a 23
person who appears to be of or above the age of 16 years and to 24
be employed at that address. 25
(3) Despite subsections (1) and (2), the statutory rules may: 26
(a) provide for additional means of giving or serving documents, or 27
(b) provide for a document of a class specified by the statutory rules 28
to be given or served only in the manner prescribed by the 29
statutory rules, or 30
(c) provide for the date on which service of a document is taken to 31
have been effected. 32
(4) This section does not apply to a penalty notice to which section 196 33
applies. 34
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Chapter 8 Miscellaneous
277 Lodgment of documents with Authority (cf Gen Act, s 240) 1
(1) If provision is made by or under the road transport legislation for the 2
lodging of a notice or other document with the Authority, it is sufficient 3
if the notice or other document is sent by post to, or lodged at, an office 4
of the Authority. 5
(2) Despite subsection (1), the statutory rules may: 6
(a) provide for additional means of lodging a notice or other 7
document with the Authority, or 8
(b) provide that a notice or other document of a class specified by the 9
statutory rules be lodged with the Authority only in the manner 10
prescribed by the statutory rules, or 11
(c) provide for the date on which lodgment of a notice or other 12
document is taken to have been effected. 13
(3) In this section, lodgment of a notice or other document includes the 14
giving of a notice or other document. 15
278 Form of registers (cf DL Act, s 35; VR Act, ss 10 (10) and 16B (2)) 16
Any register that is maintained by the Authority under this Act may be 17
kept in the form of, or as part of, one or more computer databases or in 18
such other form as the Authority considers appropriate. 19
279 Preliminary discovery of information for recovery of private car park 20
fees (cf Gen Act, s 244B) 21
(1) The Authority cannot be required by preliminary discovery to disclose 22
any information about a registrable vehicle or the registered operator of 23
a registrable vehicle (including information contained in a relevant 24
register) if the preliminary discovery is for the purpose of the recovery 25
of private car park fees. 26
(2) Preliminary discovery is considered to be for the purpose of the 27
recovery of private car park fees if the preliminary discovery is in 28
connection with ascertaining the identity or whereabouts of a person for 29
the purpose of commencing proceedings against the person for the 30
recovery of private car park fees or is otherwise in connection with the 31
commencement of proceedings for the recovery of private car park fees. 32
(3) In this section: 33
preliminary discovery means an order under Part 5 of the Uniform Civil 34
Procedure Rules 2005 or any requirement imposed for a similar purpose 35
by or under any other Act, rule or law. 36
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Road Transport Bill 2013 Clause 280
Miscellaneous Chapter 8
private car park fee means any amount alleged to be payable under the 1
terms and conditions of a contract, arrangement or understanding in 2
relation to the use of a car park (such as an amount payable for the use 3
of the car park and including an amount payable for breaching any such 4
terms and conditions), but not including an amount alleged to be 5
payable under the terms and conditions of a contract that is in writing 6
and signed by the relevant parties. 7
relevant register means a register maintained by the Authority under 8
any Act. 9
280 Review of Act 10
(1) The Minister is to review this Act to determine whether the policy 11
objectives of the Act remain valid and whether the terms of the Act 12
remain appropriate for securing those objectives. 13
(2) The review is to be undertaken as soon as possible after the period of 14
5 years from the day on which this Act commences. 15
(3) A report on the outcome of the review is to be tabled in each House of 16
Parliament within 12 months after the end of the period of 5 years. 17
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Schedule 1 Examples of statutory rule-making 1
powers 2
(Section 24) 3
Part 1 Driver licensing 4
1 Driver licensing system (cf DL Act, s 20 (1), (2) (a)-(e), (m)-(p), (s), (t), (v) and (x) 5
and (3)) 6
(1) The establishment and administration of a system of licensing drivers of 7
motor vehicles that are used on roads that: 8
(a) provides a means of authorising the driving of motor vehicles on 9
roads, and 10
(b) enables the identification of persons as licensed drivers of motor 11
vehicles. 12
(2) Without limiting subclause (1), the making of provision for: 13
(a) the issue or refusal to issue driver licences and renewal of driver 14
licences or refusal of renewal, and for the imposition of 15
conditions on driver licences, and for the replacement of and 16
refusal to replace driver licences, and 17
(b) the cancellation, variation and suspension of driver licences, and 18
(c) the fixing of the periods for which a driver licence or renewal 19
remains in force, and 20
(d) requiring the production of specified information by: 21
(i) applicants for driver licences or the renewal or variation of 22
driver licences, or 23
(ii) holders of driver licences, and 24
(e) the recognition by the Authority of things done under a 25
corresponding driver law in relation to driver licensing, and 26
(f) different classes of driver licences (including, but not limited to, 27
conditional licences, provisional licences and learner licences), 28
and grading each class by reference to the driving skills required 29
for each class, and the eligibility criteria for the issue of each 30
class of licence, and 31
(g) the extension of the period for which a person is required to hold 32
a provisional licence if the person: 33
(i) is convicted or found guilty of an offence against 34
section 129 (Minor must not use false evidence of age) of 35
the Liquor Act 2007, or 36
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(ii) is issued with a penalty notice under section 150 of the 1
Liquor Act 2007 in respect of an alleged offence against 2
section 129 of that Act, and 3
(h) driver licences the subject of graffiti licence orders under the 4
Graffiti Control Act 2008, and 5
(i) the Authority to exempt a person or class of persons from the 6
requirement to hold a driver licence or a driver licence of a 7
particular class (whether or not subject to conditions imposed by 8
the Authority), and 9
(j) the maintenance of a NSW driver licence register and matters 10
relating to the NSW demerit points register, and 11
(k) the form in which the Authority is to issue evidence of the 12
authority to drive a motor vehicle provided by a driver licence 13
and the circumstances in which that evidence must be 14
surrendered or returned to the Authority, and 15
(l) the Authority to correct any mistake, error or omission in the 16
NSW driver licence register, and 17
(m) the establishment and conduct of competency based assessment 18
schemes relating to driver licensing, and 19
(n) requiring persons who are: 20
(i) applicants for driver licences or the renewal or variation of 21
driver licences, or 22
(ii) holders of driver licences, 23
to submit to tests or re-testing or medical or other examinations 24
for the purpose of assessing fitness to hold or continue to hold a 25
driver licence, or a varied driver licence, and 26
(o) the establishment and conduct of driver training schemes. 27
Part 2 Registration of vehicles and trader's plates 28
2 Vehicle registration system (cf VR Act ss 14 (3) and 15 (1) and (2) (a)-(c), (h) and 29
(i)) 30
(1) The establishment of a system of registration of registrable vehicles that 31
are used on roads that: 32
(a) provides a means of authorising the use of registrable vehicles on 33
roads, and 34
(b) enables the identification of each registrable vehicle that is used 35
on a road, and of the person responsible for it. 36
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(2) Without limiting subclause (1), the making of provision for: 1
(a) the fixing of the periods for which the registration of registrable 2
vehicles may be effected or renewed, and 3
(b) the calculation of taxes, charges and fees for the registration of 4
registrable vehicles for such periods as may be prescribed by the 5
statutory rules, and 6
(c) the recognition by the Authority of things done under a law of 7
another jurisdiction in relation to vehicle registration, and 8
(d) the form, issue, use, surrender and transfer of plates and 9
registration labels, registration certificates and other registration 10
documents, and 11
(e) the creation of offences in relation to the forgery or alteration of 12
plates and of registration labels, registration certificates and other 13
registration documents and in relation to the use of any such 14
forged or altered plate, label, certificate or document, and 15
(f) the same kinds of matters concerning registration, the use of 16
registered and unregistered vehicles, number-plates, vehicle 17
standards and inspections in respect of which statutory rules 18
could have been made under section 3 (1) of the Traffic Act 1909 19
(as in force immediately before its amendment by the Road 20
Transport (Vehicle Registration) Act 1997). 21
3 Vehicle standards and inspections (cf VR Act, s 15A) 22
(1) General 23
Vehicle standards, inspection or testing of registrable vehicles and the 24
production of registrable vehicles for inspection and testing. 25
(2) Vehicle standards 26
Without limiting subclause (1), the making of provision for: 27
(a) requirements with respect to the supply of information or 28
documents to purchasers and prospective purchasers of 29
registrable vehicles relating to their compliance with vehicle 30
standards, and 31
(b) the identification of any part (including an engine or engine 32
block) of a registrable vehicle and the use of any such 33
identification, and 34
(c) authorising the Authority to exempt any particular vehicle or 35
class of vehicles from a vehicle standard prescribed by the 36
statutory rules. 37
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(3) Inspections 1
Without limiting subclause (1), the making of provision for: 2
(a) authorising the entry in or on any registrable vehicle (whether or 3
not on a road), and 4
(b) authorising entry into or on any premises ordinarily used for the 5
sale of any registrable vehicle or where a registrable vehicle may 6
be held in possession for sale, and 7
(c) requirements to be observed with respect to the use and 8
disposition of registrable vehicles that do not comply with the 9
vehicle standards prescribed by the statutory rules or that are 10
subject to inspections, and 11
(d) requirements for lodgment, and for the forfeiture of, security for 12
the performance of obligations specified by or under this Act on 13
persons involved in the conduct of inspections, and 14
(e) charges relating to inspections carried out by the Authority or by 15
persons authorised by the Authority to carry out inspections. 16
4 Trader's plates for registrable vehicles (cf VR Act, s 15 (1) (h)-(h2)) 17
(1) Trader's plates in connection with the use of unregistered registrable 18
vehicles on roads. 19
(2) Without limiting subclause (1), the making of provision for: 20
(a) the form, issue, use, surrender and transfer of trader's plates, and 21
(b) the keeping of records with respect to the driving of vehicles to 22
which trader's plates are attached, and 23
(c) the conferring of powers on police officers to require any driver 24
or person in charge of a vehicle to which a trader's plate is 25
attached to answer questions put to the person concerning the use 26
of the plate. 27
Part 3 Safety and traffic management 28
5 Safety and traffic management generally (cf STM Act, cll 1 and 3 (1) (e) of 29
Sch 1) 30
The regulation or prohibition of traffic, persons and animals on roads, 31
including the following: 32
(a) the places in which and the manner in which vehicles or animals 33
may or may not be driven or ridden, 34
(b) the use of roads by people on foot and other persons and by 35
animals, 36
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(c) speed limits for vehicles (including speed limits that may be 1
varied electronically or otherwise), 2
(d) approved traffic enforcement devices (including the testing of 3
such devices), 4
(e) signs and other devices to control, direct or warn traffic, 5
(f) the marks that are to be used on the surface of roads, 6
(g) the control and reduction of: 7
(i) danger in vehicle operation, or 8
(ii) traffic congestion, 9
(h) the conduct of events on roads that may disrupt traffic, 10
(i) the use of safety equipment by drivers, riders, passengers and 11
other people, 12
(j) standards of conduct for safety purposes, 13
(k) the taking, storage, transmission and destruction of blood and 14
urine samples for the purposes of Schedule 3 and other matter to 15
which that Schedule relates, 16
(l) complying with directions by police officers or other persons 17
prescribed by the statutory rules, 18
(m) the use of stalls or other means for the sale of goods, or carrying 19
out of any other business or trade, on a road for the purpose of 20
safety and traffic management. 21
6 Parking (cf STM Act, cl 2 of Sch 1) 22
The regulation or prohibition of the parking of vehicles and parked or 23
stopped vehicles on roads (including disability parking and pay 24
parking), including the following: 25
(a) the establishment and operation of schemes for disability parking 26
or pay parking by councils, other persons or bodies, 27
(b) the fixing and collection of fees for parking by councils, other 28
persons or bodies and the application of such fees by the collector 29
of the fees and the payments to be made to the Authority, 30
(c) the allocation of the costs in respect of schemes for disability 31
parking or pay parking, 32
(d) the provision of pay parking by councils and other persons or 33
bodies on a common payment basis, 34
(e) the installation and operation of devices for use in connection 35
with disability parking or pay parking, 36
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(f) the issue of guidelines by the Authority in respect of disability 1
parking or pay parking schemes and the legal effect of such 2
guidelines, 3
(g) the granting of approvals by the Authority in respect of the 4
establishment and operation of disability parking or pay parking 5
schemes, 6
(h) the powers of police officers in respect of the removal of vehicles 7
parked, standing or stopped in space provided for parking and in 8
respect of the closing of spaces for parking, 9
(i) the resolution of disputes between different councils, other 10
persons and bodies in respect of disability parking or pay parking. 11
7 Safe operation of vehicles and mass, dimension, load restraint and 12
access requirements (cf Gen Act, s 26 (1); STM Act, cl 3 (1) (b)-(d) of Sch 1) 13
(1) The safe operation of vehicles or combinations on roads, including the 14
following: 15
(a) the loading and unloading and securing of loads, 16
(b) the keeping and production of records and other specified 17
information in connection with the safe operation of vehicles 18
used on roads. 19
(2) Mass, dimension, load restraint and access requirements with respect to 20
the use of roads by vehicles and combinations and the enforcement of 21
such requirements, including the following: 22
(a) the giving of rectification notices, the detention of vehicles 23
pending rectification and powers of inspection, 24
(b) the issuing of permits and notices to authorise the use of vehicles 25
and combinations despite such restrictions and the fees payable 26
in connection with such permits and notices, 27
(c) the imposition of such restrictions by means of the erection or 28
display of signs, 29
(d) the exercise of inspection and other enforcement powers 30
(including in relation to powers conferred under Chapter 7) in 31
relation to such requirements, 32
(e) the keeping and production of records and other specified 33
information in connection with such requirements, 34
(f) the granting or conferral of exemptions from compliance with 35
such requirements, 36
(g) the creation, approval or use of schemes for the mass 37
management of vehicles or combinations in connection with such 38
requirements. 39
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(3) In this clause: 1
access requirement means a requirement that relates to the roads or 2
class of roads on which a vehicle or combination may or may not be 3
taken, or otherwise limits the area in which a vehicle or combination 4
may or may not operate. 5
dimension requirement means a requirement that relates to the 6
dimensions of a vehicle or combination or a load or component of a 7
vehicle or combination, including (for example): 8
(a) the dimensions of a vehicle or combination, disregarding its load 9
(if any), or 10
(b) the dimensions of a vehicle or combination including its load, or 11
(c) the dimensions of the load on a vehicle or combination, or 12
(d) the internal measurements of a vehicle or combination, including 13
(for example) the distance between: 14
(i) components of a vehicle or combination, or 15
(ii) vehicles in a combination, or 16
(iii) a vehicle in a combination and a component of another 17
vehicle in the combination. 18
load restraint requirement means a requirement that relates to the 19
restraint or positioning of a load or any part of a load on a vehicle or 20
combination. 21
mass requirement means a requirement that relates to the mass of a 22
vehicle or combination or the mass of or on any component of a vehicle 23
or combination, and includes: 24
(a) a requirement concerning mass limits relating to: 25
(i) the tare mass of a vehicle or combination (that is, the actual 26
mass of the vehicle or combination excluding any load in 27
or on the vehicle or combination), or 28
(ii) the gross mass of a vehicle or combination (that is, the 29
unladen mass of the vehicle or combination together with 30
any load in or on the vehicle or combination), or 31
(iii) the mass of the load in or on a vehicle or combination, or 32
(iv) the mass on a tyre, an axle or an axle group of the vehicle 33
or combination, and 34
(b) a requirement concerning mass limits relating to axle spacing, 35
and 36
(c) mass limits set out on signs (for example, a sign-posted bridge 37
limit). 38
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Examples of statutory rule-making powers Schedule 1
8 Towing fees (cf STM Act, cl 4 of Sch 1) 1
(1) The payment of a fee by the driver or responsible person for a vehicle 2
in relation to the towing of the vehicle as a consequence of the exercise 3
of functions under this Act or the statutory rules. 4
(2) The recovery of any such fee by the Authority or any other person as a 5
debt due to the Crown in any court of competent jurisdiction. 6
(3) The issue of certificates as to the fact and cost of towing and their use 7
as evidence of those matters in proceedings before a court. 8
9 Child safety (cf STM Act, cl 5 of Sch 1) 9
(1) The duties of parents and other persons responsible for children (not 10
being older than 16 years and 9 months of age) in respect of the use of 11
roads or vehicles on roads. 12
(2) The establishment and conduct of schemes to assist children to cross 13
roads safely, including the following: 14
(a) enabling the Authority or a specified person to conduct, or 15
authorise other persons to conduct, such schemes, 16
(b) enabling the Authority or a specified person: 17
(i) to amend or replace such schemes, and 18
(ii) to impose conditions on the authority to conduct schemes, 19
and 20
(iii) to revoke an authority to conduct schemes, 21
(c) signs to be displayed at crossings and the exhibition of such 22
signs, 23
(d) the placement of barriers across or partly across a road near a 24
crossing, 25
(e) conditions relating to the wearing or display of insignias, badges, 26
belts or other articles of uniform by any persons taking part in 27
crossing schemes, 28
(f) providing that evidence that a sign was exhibited, as prescribed, 29
by a person at or near a crossing, is admissible and is prima facie 30
evidence in proceedings in any court that the exhibition of the 31
sign by such person was authorised, 32
(g) the prescription of any other matters necessary or convenient to 33
be prescribed for the purpose of carrying out any such scheme. 34
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10 Duties of participants in, and witnesses to, road accidents (cf STM Act, 1
cl 6 of Sch 1) 2
The duties of any driver of a vehicle or other person involved in or 3
affected by an accident on a road, including in relation to the following 4
matters: 5
(a) the production of driver licences or other identification to any 6
person by a participant in the accident, 7
(b) the giving of particulars concerning: 8
(i) the vehicle, persons and property involved in or affected 9
by the accident, or 10
(ii) any damage or injury caused by the accident, or 11
(iii) the identity and addresses of any witnesses to the accident. 12
11 Records in respect of rented vehicles (cf STM Act, cl 7 of Sch 1) 13
The records to be kept by the owner of a vehicle rented to be driven by 14
the hirer or the hirer's employee or agent and for the inspection of such 15
records by any police officer. 16
12 Police powers concerning traffic management (cf STM Act, cl 8 of Sch 1) 17
(1) The marking of tyres of vehicles by means of crayon, chalk or any 18
similar substance by police officers and special constables in the 19
employ of the Commissioner of Police or other authorised officers for 20
any purpose connected with the enforcement of any of the provisions of 21
any Act or any statutory rule made under any Act. 22
(2) The making of provision for: 23
(a) the seizure and for the taking charge of, removal or towing away 24
of any vehicle that is a danger or unreasonable obstruction to 25
traffic or has been abandoned on a road, or has been caused or 26
permitted to stand, wait, stop or to be parked contrary to law on 27
any part of a road in which is conspicuously displayed a sign 28
exhibiting or including the words "tow away area" or "vehicles 29
impounded" or other words indicating that such a vehicle is 30
subject to seizure, and 31
(b) the keeping or impounding, at a place appointed or set apart by 32
the Commissioner of Police for the purpose, of any vehicle so 33
removed or towed away, and 34
(c) the conditions to be observed before the release of any such 35
vehicle, including a condition for payment of such amount as 36
may, from time to time, be fixed by the Commissioner of Police 37
in respect of the seizure, taking charge of, removal, towing away, 38
keeping, impounding or releasing of any such vehicle, and for the 39
disposal or destruction of any such vehicle if the owner fails 40
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Examples of statutory rule-making powers Schedule 1
within the time prescribed to claim the vehicle and to pay that 1
amount, and 2
(d) the fixing of different amounts by the Commissioner of Police as 3
referred to in paragraph (c) in respect of different classes of 4
vehicles or according to different circumstances, and 5
(e) the conditions to be observed before a vehicle can be seized. 6
Part 4 National road transportation legislation 7
13 Matters relating to national road transport legislation (cf Gen Act, s 11 (1)) 8
Any matter dealt with by regulations made under section 7 of the 9
National Transport Commission Act 2003 of the Commonwealth 10
setting out model legislation or road transport legislation (within the 11
meaning of that Act). 12
Part 5 General 13
14 Fees (cf DL Act, s 20 (2) (f)-(i), (r) and (w); Gen Act, s 10 (2) (b)-(e); STM Act, cl 9 of 14
Sch 1; VR Act, ss 14 (6) and 15 (2) (e)-(f)) 15
Fees, including (but not limited to) the following: 16
(a) the fixing of fees for services provided by the Authority under 17
this Act or the statutory rules, including (without limitation) the 18
fixing of: 19
(i) fees for services provided by the Authority in connection 20
with the licensing of drivers or the renewal or late renewal 21
of driver licences and other matters related to services 22
provided under this Act or the statutory rules in connection 23
with driver licensing, and 24
(ii) fees for services provided by the Authority in connection 25
with the registration, or the late renewal of registration, of 26
registrable vehicles or the issue of an unregistered vehicle 27
permit, and 28
(iii) additional fees for lodging late applications for the renewal 29
of a driver licence or for the renewal or transfer of the 30
registration of a registrable vehicle, 31
(b) the fixing of fees for permits issued under the statutory rules, 32
(c) the collection and recovery of fees fixed under this Act or the 33
statutory rules, 34
(d) the granting or giving of concessions (either in part or in full) for 35
fees fixed under this Act or the statutory rules for specified 36
classes of people, 37
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Schedule 1 Examples of statutory rule-making powers
(e) the refund, or partial refund, of fees fixed under this Act or the 1
statutory rules (including refunds resulting from concessions for 2
fees), 3
(f) the waiver or postponement of fees fixed under this Act or the 4
statutory rules, 5
(g) the regulation of the payment and application of fees paid under 6
this Act or the statutory rules. 7
15 Forms (cf DL Act, s 20 (2) (j); VR Act, s 15 (2) (g)) 8
The approval by the Authority of the form in which applications are to 9
be made to the Authority, and the form in which documents are to be 10
issued by the Authority, for the purposes of this Act and the statutory 11
rules. 12
16 Updating references to outdated or incorrect references to statutory 13
rules under this Act (cf STM Act, cl 10 of Sch 1) 14
The repeal or amendment of any reference in any Act or statutory rule 15
made under any Act to any of the statutory rules made under this Act (or 16
to a provision of the statutory rules made under this Act) where the 17
reference is (or will become) out of date or otherwise incorrect by 18
reason of the repeal, amendment, renumbering, renaming or remaking 19
of any statutory rules made under this Act (or a provision of those 20
statutory rules). 21
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Registration charges for heavy vehicles Schedule 2
Schedule 2 Registration charges for heavy vehicles 1
Part 1 Preliminary 2
1 Definitions (cf VR Act, s 17) 3
In this Schedule: 4
administration fee means a fee payable under clause 4 (2). 5
appropriate officer means any person authorised by the Authority for 6
the purposes of this Schedule either generally or in any particular case. 7
chargeable heavy vehicle means a vehicle that has a MRC (Mass 8
Rating for Charging) of more than 4.5 tonnes. 9
compliance plate means a plate authorised to be placed on a vehicle, or 10
taken to have been placed on a vehicle, under the Motor Vehicle 11
Standards Act 1989 of the Commonwealth. 12
configuration of a vehicle means a description of a vehicle in the 13
statutory rules for which separate provision is made in the statutory 14
rules for the amount of the registration charge. 15
financial year means a year commencing on 1 July. 16
MRC (Mass Rating for Charging), in relation to a vehicle, means: 17
(a) the maximum mass of the vehicle (including any load, recorded 18
on the compliance plate as the GVM, GTMR or ATM of the 19
vehicle), or 20
(b) in relation to a vehicle for which there is no compliance plate-- 21
its operating mass. 22
Note. GVM means Gross Vehicle Mass, GTMR means Gross Trailer Mass 23
Rating and ATM means Aggregate Trailer Mass. 24
operating mass, in relation to a vehicle, means the maximum mass of 25
the vehicle, including any load, as determined by the Authority having 26
regard to the design and construction of the vehicle or of any of its 27
components. 28
owner, in relation to a vehicle, includes: 29
(a) every person who is the owner, joint owner or part owner of the 30
vehicle, and 31
(b) any person who has the use of the vehicle under a hire-purchase 32
or hiring agreement, 33
but does not include the lessor of a vehicle under a hire-purchase 34
agreement. 35
registration charge means a charge imposed under this Schedule for the 36
registration or renewal of registration of a chargeable heavy vehicle. 37
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Schedule 2 Registration charges for heavy vehicles
vehicle means a motor vehicle or trailer. 1
Part 2 Amount of registration charges for chargeable 2
heavy vehicles 3
2 Amount of annual registration charge for chargeable heavy vehicles (cf 4
VR Act, s 17A) 5
(1) The annual registration charge for a chargeable heavy vehicle that is 6
registered, or the registration of which is renewed, during a particular 7
financial year is the amount for the type or kind of vehicle specified by, 8
or calculated in accordance with, the statutory rules. 9
Note. See clause 4 for the calculation of registration charges for chargeable 10
heavy vehicles registered for less than one year. Also, annual registration 11
charges are not payable to the extent to which an exemption or partial 12
exemption is granted by or under statutory rules made for the purposes of 13
subclause (2) (c). 14
(2) Without limiting subclause (1), the statutory rules may make provision 15
for or with respect to the following: 16
(a) the specification or calculation of registration charges by 17
reference to types or kinds of chargeable heavy vehicles, 18
(b) the indexation of the amount payable for registration charges 19
over a number of financial years, 20
(c) exemptions or partial exemptions (or the granting of exemptions 21
or partial exemptions) from, or reductions in, registration 22
charges, 23
(d) the refunding of registration charges paid for the registration of a 24
chargeable heavy vehicle, if because of the occurrence of any of 25
the following during the currency of the registration, no charges 26
or a reduced amount of charges would be payable in respect of the 27
vehicle on the renewal of its registration: 28
(i) a change in the construction, equipment, configuration, 29
use or ownership of the vehicle, 30
(ii) an exemption or partial exemption (or the granting of an 31
exemption or partial exemption) from, or reduction in, 32
registration charges for vehicles of the kind to which the 33
chargeable heavy vehicle belongs, 34
(e) the amount of any such refund to be calculated in accordance 35
with a formula to be prescribed by the statutory rules, 36
(f) the production, at the time of application for registration or 37
renewal of registration of a chargeable heavy vehicle or at any 38
time during the currency of the registration, of weighbridge 39
tickets showing the weight of the vehicle, 40
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Registration charges for heavy vehicles Schedule 2
(g) fees of an administrative nature for changes in registration 1
charges and registration arising out of a change in the 2
construction, equipment, configuration, use or ownership of a 3
chargeable heavy vehicle. 4
(3) The Minister is not to recommend the making of a statutory rule that 5
prescribes any amounts as annual registration charges, or the manner in 6
which annual registration charges are to be calculated, for chargeable 7
heavy vehicles unless the Minister is satisfied that the provisions of the 8
statutory rule are consistent with: 9
(a) model legislation within the meaning of the National Transport 10
Commission Act 2003 of the Commonwealth, or 11
(b) provisions for road transport laws that are recommended or 12
approved by the Australian Transport Council or the National 13
Transport Commission under the Agreement referred to in 14
section 4 of the National Transport Commission Act 2003 of the 15
Commonwealth for implementation or adoption by the parties to 16
that Agreement. 17
(4) For the avoidance of doubt, subclause (3) does not limit the ability of 18
the Minister to recommend the making of a statutory rule that makes 19
provision for or with respect to exemptions or partial exemptions from, 20
or refunds of, registration charges. 21
3 Registration charge for primary producer's vehicle (cf VR Act, s 17B) 22
(1) If the registration charge for a primary producer's vehicle that, but for 23
this clause, would be payable under this Schedule (the charge under 24
this Schedule) is more than the motor vehicle tax that, but for section 25
3B of the Motor Vehicles Taxation Act 1988, would be payable under 26
that Act (the tax under the 1988 Act), the registration charge for the 27
vehicle is not the charge under this Schedule but the tax under the 1988 28
Act. 29
(2) The effect of the following may be ignored for the purpose of 30
calculating the motor vehicle tax referred to in subclause (1): 31
(a) any exemption granted under section 17 of the Motor Vehicles 32
Taxation Act 1988, 33
(b) clause 3 (d) of Schedule 1 to that Act (to the extent to which it 34
excludes motor lorries from the operation of that clause), 35
(c) clause 5 of Schedule 1 to that Act. 36
(3) In this clause: 37
primary producer's vehicle has the same meaning as in the Motor 38
Vehicles Taxation Act 1988. 39
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Schedule 2 Registration charges for heavy vehicles
Part 3 Registration charges for registration periods of 1
less than one year 2
4 Amount of registration charge for chargeable heavy vehicle registered 3
for less than one year (cf VR Act, s 17C) 4
(1) The amount of the registration charge for a chargeable heavy vehicle to 5
be registered for a period of less than one year is the amount calculated 6
by multiplying the relevant annual registration charge for the vehicle by 7
the number of days for which registration or renewal of registration is 8
to have effect and dividing the result by 365. 9
(2) If registration or renewal of registration of a chargeable heavy vehicle 10
is to have effect for a period of less than one year, the Authority may 11
impose an additional administration fee of not more than 10 percent of 12
the relevant registration charge for that period. 13
(3) The amount of a registration charge or administration fee referred to in 14
this clause is to be rounded up or down to the nearest whole dollar 15
amount (rounding an amount of 50 cents upwards). 16
Part 4 When registration charges payable 17
5 Definition (cf VR Act, s 17D) 18
In this Part: 19
registration charges includes administration fees. 20
6 Payment of registration charges (cf VR Act, s 17E) 21
(1) The registration charges for a chargeable heavy vehicle must be paid: 22
(a) at the time of application for registration of the vehicle, and 23
(b) at the time of application for each renewal of registration of the 24
vehicle. 25
(2) A person in whose name an application for registration or renewal of 26
registration is made must not fail to pay the full amount of registration 27
charges required by subclause (1). 28
Maximum penalty: 20 penalty units (in the case of an individual) or 29
100 penalty units (in the case of a corporation). 30
(3) Registration charges are payable in respect of a registration or renewal 31
of registration that occurs after the commencement of this clause. 32
(4) Despite the conviction of a person for an offence against this clause, the 33
person remains liable to pay the unpaid amount of the registration 34
charges. 35
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7 Use of unregistered vehicles and vehicles for which charges unpaid (cf 1
VR Act, s 17F) 2
(1) This clause applies to the following kinds of chargeable heavy vehicle 3
(other than a vehicle exempted from registration): 4
(a) a vehicle that is not registered, 5
(b) a registered vehicle that is liable to registration charges 6
(including any charges or additional charges payable under 7
clause 11) but for which such charges, though due and payable, 8
have not been paid. 9
(2) The owner of a vehicle to which this clause applies must not: 10
(a) use or drive the vehicle on a road, or 11
(b) cause or permit it to be driven on a road. 12
Maximum penalty: 20 penalty units (in the case of an individual) or 13
100 penalty units (in the case of a corporation). 14
(3) In addition to imposing a penalty for an offence against this clause, the 15
court concerned may order the owner to pay to the Authority within a 16
time specified by the order: 17
(a) if the vehicle is not registered--the registration charges that 18
would be due on the application for the registration or renewal of 19
registration of the vehicle for a period of 1 year or for such greater 20
or lesser period as the court in all the circumstances thinks just, or 21
(b) if the vehicle is registered--the registration charges so due and 22
payable. 23
Part 5 Assessment and collection of charges and fees 24
8 Authority to determine charges and fees (cf VR Act, s 17G) 25
The Authority must determine, in accordance with this Schedule and the 26
statutory rules, whether any registration charges or administration fees 27
are payable under this Schedule in respect of a vehicle and, if there are, 28
the amount of the charges or fees. 29
9 Provision of information to determine charges (cf VR Act, s 17H) 30
(1) For the purpose of determining whether any registration charges under 31
this Schedule are payable in respect of a vehicle and, if so, the amount 32
of the charges, the Authority or an appropriate officer may: 33
(a) require the owner or person in charge of the vehicle to produce 34
the vehicle within a specified period and at a specified place and 35
provide all reasonable facilities to enable an appropriate officer 36
to examine it, or 37
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(b) require the owner or person in charge of the vehicle or person 1
liable to pay registration charges to provide such information in 2
writing by statutory declaration or otherwise as the Authority or 3
the appropriate officer considers appropriate. 4
(2) An owner or other person must not fail to comply with a requirement 5
under subclause (1). 6
Maximum penalty: 20 penalty units (in the case of an individual) or 7
100 penalty units (in the case of a corporation). 8
(3) An owner or other person must not provide information knowing it to 9
be false or misleading in respect of any matter necessary or convenient 10
to enable the appropriate registration charges under this Schedule to be 11
determined. 12
Maximum penalty: 20 penalty units (in the case of an individual) or 13
100 penalty units (in the case of a corporation). 14
(4) An owner or other person must comply with a requirement under 15
subclause (1) at the owner's or other person's own cost if required to do 16
so by the Authority. 17
10 Adjustment of charges by Authority (cf VR Act, s 17I) 18
(1) The Authority may, at any time, alter, vary or rescind any determination 19
as to registration charges or administration fees, or may refund the 20
whole or any portion of any charges or fees paid, for the purpose of 21
ensuring that this Schedule is complied with. 22
(2) The Authority may require a person in whose name a chargeable heavy 23
vehicle is registered to pay registration charges or administration fees or 24
additional charges or fees, within a specified time, if the charges or fees 25
are payable as a result of action taken under subclause (1). 26
(3) A person must not fail to comply with a requirement under 27
subclause (2). 28
Maximum penalty: 20 penalty units (in the case of an individual) or 29
100 penalty units (in the case of a corporation). 30
(4) In addition to imposing a penalty for any such offence, the court 31
concerned may order the person to pay to the Authority within a 32
specified period the amount of the registration charges or administration 33
fees or additional charges or fees. 34
(5) A person is not liable to pay registration charges or administration fees 35
or additional charges or fees as a result of action taken under subclause 36
(1) if the Authority's determination was made more than 3 years before 37
the date of the action and the person satisfies the Authority that there 38
was no intention to avoid paying charges or fees. 39
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11 Changes in owners or to vehicles must be notified to Authority (cf VR 1
Act, s 17J) 2
(1) A person in whose name a chargeable heavy vehicle is registered must 3
notify the Authority of any change during the currency of the 4
registration in the construction, equipment, configuration, use or 5
ownership of the vehicle of such a nature that registration charges or 6
additional registration charges would be payable if the registration was 7
renewed when the change occurred. 8
Maximum penalty: 100 penalty units. 9
(2) The person or, if the change is in ownership, the new owner must pay to 10
the Authority the appropriate amount of registration charges or 11
additional registration charges forthwith or within the period specified 12
by the Authority. 13
Maximum penalty: 20 penalty units (in the case of an individual) or 14
100 penalty units (in the case of a corporation). 15
(3) A person who is required by subclause (1) to notify the Authority of any 16
change in the construction, equipment, configuration, use or ownership 17
of a vehicle must not authorise or permit the use of the vehicle on a road 18
until the Authority has been so notified. 19
Maximum penalty: 100 penalty units. 20
(4) In addition to imposing a penalty for an offence against this clause, the 21
court concerned may order the offender to pay to the Authority within a 22
specified period any amount that, from the evidence given during the 23
proceedings, the court is satisfied the offender should have paid to the 24
Authority as registration charges or administration fees or additional 25
charges or fees. 26
12 Calculation of charges arising from changes (cf VR Act, s 17K) 27
(1) The registration charges or additional registration charges payable 28
under clause 11 are for the unexpired period of the registration or for 29
such shorter period as the Authority, having regard to the temporary 30
nature of any change, determines should apply. 31
(2) The charges are to be calculated at the rate of: 32
(a) in the case of the registration of a chargeable heavy vehicle for a 33
period of more than 3 months--one-twelfth of the charge 34
applicable after the change in respect of a yearly registration if 35
the vehicle was exempt from or not liable to registration charges 36
before the change or, as the case may be, one-twelfth of the 37
difference between the charge applicable before the change and 38
the charge applicable after the change in respect of a yearly 39
registration, or 40
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(b) in the case of the registration of a chargeable heavy vehicle for a 1
period of 3 months or less--one-third of the charge applicable 2
after the change in respect of a quarterly registration if the vehicle 3
was exempt from or not liable to registration charges before the 4
change or, as the case may be, one-third of the difference between 5
the charge applicable before the change and the charge applicable 6
after the change in respect of a quarterly registration, 7
for each month or part of a month in the unexpired period or the shorter 8
period, as the case may be. 9
13 Refund of charges on cancellation of registration (cf VR Act, s 17L) 10
(1) If the Authority cancels the registration of a chargeable heavy vehicle 11
on the application of the person in whose name the vehicle is registered 12
before the registration expires, the Authority may, in its discretion, 13
grant to the person a refund of the registration charges imposed in 14
respect of the vehicle. 15
(2) The refund is to be calculated: 16
(a) at the rate of one-twelfth of the charge applicable in respect of a 17
yearly registration for each complete month in the portion of the 18
unexpired period of the registration at the date of the cancellation, 19
less any cancellation fee determined by the Authority, or 20
(b) in such manner as may be prescribed by the statutory rules. 21
14 Time limit for refunds (cf VR Act, s 17M) 22
A person is not entitled to a refund of registration charges if the 23
application for the refund is made more than 3 years from the date of 24
payment of the charges. 25
Part 6 Other provisions dealing with registration 26
charges 27
15 Vehicles registered in another jurisdiction (cf VR Act, s 17N (1) and (2)) 28
(1) The owner of a chargeable heavy vehicle registered in another 29
jurisdiction, or which is exempted from registration in another 30
jurisdiction (other than because the vehicle is registered elsewhere), 31
must not: 32
(a) use or drive the vehicle on a road other than in the configuration 33
for which it is registered or in which it is so exempt, or 34
(b) cause or permit it to be so driven on a road. 35
Maximum penalty: 100 penalty units. 36
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(2) This clause does not apply if the vehicle, in its changed configuration, 1
would be liable to the same or less registration charges in the 2
jurisdiction in which it is registered than those paid for the configuration 3
for which it is registered or in which it is so exempt. 4
16 Powers to do certain things not affected (cf VR Act, s 17O) 5
Nothing in this Schedule affects any power under the road transport 6
legislation (other than this Schedule) or any other Act: 7
(a) to charge fees in respect of the inspection of vehicles for the 8
purpose of registration, or 9
(b) to make rebates of registration charges for particular classes of 10
vehicles or road users, or 11
(c) to charge pro rata amounts for registrations that are for less than 12
a whole year, or 13
(d) to make refunds in respect of the surrender of the registration of 14
a vehicle, or 15
(e) to charge other administrative fees or other charges in respect of 16
matters relating to vehicles (including registration of vehicles). 17
17 Particulars of orders to be sent to Authority (cf VR Act, s 17P) 18
(1) The relevant registrar of the Local Court is to forward to the Authority 19
particulars of any conviction or order made under this Schedule or 20
statutory rules made for the purposes of this Schedule. 21
(2) Whenever a person is by an order made by a court under this Schedule 22
adjudged to pay registration charges or administration fees or additional 23
charges or fees, the provisions of any other Act do not apply to or in 24
respect of the order, but instead the order: 25
(a) operates as an order for the payment of money under the Civil 26
Procedure Act 2005, and 27
(b) is enforceable as such an order under the provisions of that Act. 28
(3) For the purposes of subclause (2), an order referred to in that subclause 29
may be entered in the records of the Local Court if the order was made 30
in the manner prescribed by rules made under the Civil Procedure Act 31
2005. 32
(4) A registrar of the Local Court must pay to the Authority any amount 33
paid to the registrar under an order referred to in subclause (2). 34
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18 Evidence of charges and fees (cf VR Act, s 17Q) 1
In any proceedings under this Schedule, the production by the Authority 2
or on its behalf of a certificate purporting to be signed by an appropriate 3
officer certifying the following is admissible in those proceedings and 4
is evidence of the particulars contained in the certificate: 5
(a) that the amount specified in the certificate as being the amount of 6
registration charges or administration fees payable in respect of a 7
vehicle is due and unpaid, or was due or paid on a specified date, 8
or was not paid before a specified date, 9
(b) that an adjustment of charges or a requirement to pay registration 10
charges or additional registration charges in respect of a vehicle 11
was made in accordance with this Schedule. 12
19 Variation and revocation of exemptions and other actions (cf VR Act, 13
s 17R) 14
(1) The Minister (in the case of an exemption or partial exemption from 15
registration charges under statutory rules made for the purposes of this 16
Schedule) or the Authority (in the case of a reduction of registration 17
charges, a refund of registration charges or an approval under this 18
Schedule or statutory rules made for the purposes of this Schedule) 19
may: 20
(a) impose such conditions as the Minister or Authority thinks fit, 21
and 22
(b) revoke or vary any such condition or add any condition at any 23
time during the period in respect of which the exemption, partial 24
exemption, reduction, refund or approval operates. 25
(2) A person must not fail to comply with a condition in force under this 26
clause. 27
Maximum penalty: 20 penalty units (in the case of an individual) or 28
100 penalty units (in the case of a corporation). 29
(3) When this Schedule or statutory rules made for the purposes of this 30
Schedule confer power on the Minister, the Authority or an appropriate 31
officer: 32
(a) to grant an exemption or partial exemption from, or reduction of, 33
charges, or 34
(b) to grant an approval, or 35
(c) to give a direction, or 36
(d) to make a request, or 37
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(e) to do any other act, matter or thing, 1
the Minister, Authority or officer is also empowered to revoke or vary 2
the exemption, partial exemption, reduction, approval, direction, 3
request, act, matter or thing. 4
20 Charges and fees to be paid into Roads and Maritime Services Fund (cf 5
VR Act, s 17S) 6
(1) There is appropriated by this clause for payment out of the Consolidated 7
Fund into the Roads and Maritime Services Fund all amounts received 8
on or after the commencement of this clause in payment of registration 9
charges and administration fees under this Schedule. 10
(2) There is payable out of the Roads and Maritime Services Fund such 11
amounts as may become payable under this Schedule by way of refunds 12
of registration charges or administration fees. 13
(3) In this clause: 14
Roads and Maritime Services Fund means the Roads and Maritime 15
Services Fund established under the Transport Administration Act 16
1988. 17
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Schedule 3 Testing for alcohol and drug use 1
Part 1 Preliminary 2
1 Definitions (cf STM Act, s 18A and Dict) 3
(1) In this Schedule: 4
accident--see clause 10 (1). 5
analyst means: 6
(a) any person employed by the Government as an analyst, or 7
(b) any person who is an analyst within the meaning of the Poisons 8
and Therapeutic Goods Act 1966, or 9
(c) a person (or a person belonging to a class or description of 10
persons) prescribed by the statutory rules. 11
approved oral fluid analysing instrument means any instrument that: 12
(a) is designed to ascertain, by analysis of a person's oral fluid, the 13
presence of any prescribed illicit drug in that person's oral fluid, 14
and 15
(b) meets the standards prescribed by the statutory rules for such an 16
instrument, and 17
(c) is approved by the Governor by order published in the Gazette. 18
approved oral fluid testing device means a device that: 19
(a) is designed to indicate the presence of any prescribed illicit drug 20
in a person's oral fluid, and 21
(b) meets the standards prescribed by the statutory rules for such a 22
device, and 23
(c) is approved by the Governor by order published in the Gazette. 24
authorised sample taker means any of the following: 25
(a) a medical practitioner, 26
(b) a registered nurse, 27
(c) a person (or a person belonging to a class or description of 28
persons) prescribed by the statutory rules as being authorised to 29
take samples for the purposes of this Schedule. 30
breath analysing instrument means any instrument of a type approved 31
by the Governor by order published in the Gazette as being designed to 32
ascertain, by analysis of a person's breath, the concentration of alcohol 33
present in that person's breath or blood. 34
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breath analysis means a test carried out by a breath analysing 1
instrument for the purpose of ascertaining, by analysis of a person's 2
breath, the concentration of alcohol present in that person's breath or 3
blood. 4
breath test means a test for the purpose of indicating the concentration 5
of alcohol present in a person's breath or blood, carried out on that 6
person's breath by means of a device, not being a breath analysing 7
instrument, of a type approved by the Governor by order published in 8
the Gazette. 9
hospital means any of the following: 10
(a) a public hospital within the meaning of the Health Services Act 11
1997 controlled by a local health district or the Crown, 12
(b) a statutory health corporation or affiliated health organisation 13
within the meaning of the Health Services Act 1997, 14
(c) a private health facility within the meaning of the Private Health 15
Facilities Act 2007. 16
oral fluid analysis means a test carried out by an approved oral fluid 17
analysing instrument for the purpose of ascertaining, by analysis of a 18
person's oral fluid, the presence of prescribed illicit drugs in that 19
person's oral fluid. 20
oral fluid test means a test carried out by an approved oral fluid testing 21
device for the purpose of ascertaining whether any prescribed illicit 22
drugs are present in that person's oral fluid. 23
prescribed place means any premises, institution or establishment that 24
is prescribed by the statutory rules as a place where samples may be 25
taken under this Schedule. 26
(2) Words, terms and expressions used in this Schedule that are defined for 27
the purposes of Part 5.1 of this Act have the same meaning as they have 28
in that Part. 29
Note. Some of the words, terms and expressions used in this Schedule are also 30
defined by section 4. 31
Part 2 Powers to test and take samples 32
Division 1 Introduction 33
2 When testing, analysis, assessment or sample taking not permitted (cf 34
STM Act, ss 17, 18F, 24C and 28) 35
(1) A police officer cannot require a person to submit to a test, analysis or 36
assessment, or to provide a sample, under this Schedule: 37
(a) if the person has been admitted to hospital for medical treatment 38
unless: 39
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(i) the medical practitioner in immediate charge of the 1
person's treatment has been notified of the intention to 2
make the requirement, and 3
(ii) the medical practitioner does not object on the grounds that 4
compliance with it would be prejudicial to the proper care 5
or treatment of that person, or 6
(b) in relation to the taking of a sample under clause 11--if an 7
authorised sample taker has objected on the grounds that 8
compliance would be dangerous to the person's health, or 9
(c) if it appears to the officer that it would, by reason of injuries 10
sustained by that person, be dangerous to the person's medical 11
condition to submit to the test, analysis or assessment or provide 12
the sample, or 13
(d) at any time after the expiration of the relevant period (if any) for 14
the test, analysis, assessment or sample concerned, or 15
(e) at the person's home. 16
(2) The relevant period for the purposes of subclause (1) (d) is: 17
(a) for a breath test or breath analysis under Division 2--the period 18
of 2 hours from the occurrence of the event by reason of which 19
the officer was entitled under clause 3 (1) to require the person to 20
submit to a breath test, or 21
(b) for an oral fluid test given or an oral fluid sample taken under 22
Division 3--at any time after the expiration of 2 hours from the 23
occurrence of the event that entitled the officer under clause 6 (1) 24
to require the person to undergo an oral fluid test or provide a 25
sample, or 26
(c) for a blood sample taken under clause 9--at any time after the 27
expiration of 4 hours from the occurrence of the event that 28
entitled the officer under clause 6 (1) to require the person to 29
submit to an oral fluid test, or 30
(d) for a blood or urine sample taken under clause 12--at any time 31
after the expiration of 4 hours from the occurrence of the accident 32
concerned, or 33
(e) for a blood or urine sample taken under Division 5--at any time 34
after the expiration of 4 hours from the occurrence of the event 35
referred to in clause 13 (2) (a) (i) or (ii) because of which the 36
officer was entitled to require the person to submit to the 37
assessment or provide the sample. 38
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(3) This clause has effect despite any other provision of this Schedule that 1
confers a power on a police officer to require a person to submit to a test, 2
analysis or assessment, or to provide a sample, under this Schedule. 3
Note. This clause does not limit or otherwise affect the duty of a medical 4
practitioner to take a sample from an accident hospital patient under clause 11. 5
Division 2 Random breath testing and breath analysis 6
3 Power to conduct random breath testing (cf STM Act, s 13 (1) and (3A)-(5)) 7
(1) A police officer may require a person to submit to a breath test in 8
accordance with the officer's directions if the officer has reasonable 9
cause to believe that: 10
(a) the person is or was driving a motor vehicle on a road, or 11
(b) the person is or was occupying the driving seat of a motor vehicle 12
on a road and attempting to put the motor vehicle in motion, or 13
(c) the person (being the holder of an applicable driver licence) is or 14
was occupying the seat in a motor vehicle next to a learner driver 15
while the driver is or was driving the vehicle on a road. 16
(2) Before requiring a person to submit to a breath test under subclause (1), 17
and for the purpose of determining whether to conduct such a test, a 18
police officer may conduct a preliminary assessment to determine if 19
alcohol is present in the person's breath by requiring the person to talk 20
into a device that indicates the presence of alcohol. 21
(3) Without limiting any other power or authority, a police officer may, for 22
the purposes of this clause, request or signal the driver of a motor 23
vehicle to stop the vehicle. 24
(4) A person must comply with any request or signal made or given to the 25
person by a police officer under subclause (3). 26
Maximum penalty: 10 penalty units. 27
4 Arrest following failed breath test (cf STM Act, s 14) 28
(1) A police officer may exercise the powers referred to in subclause (2) in 29
respect of a person if: 30
(a) it appears to the officer from a breath test carried out under 31
clause 3 (1) by the officer that the device by means of which the 32
test was carried out indicates that there may be present in the 33
person's breath or blood a concentration of alcohol of more than 34
zero grams in 210 litres of breath or 100 millilitres of blood and 35
the officer has reasonable cause to believe the person is a novice 36
driver in respect of the motor vehicle concerned, or 37
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(b) it appears to the officer from a breath test carried out under 1
clause 3 (1) by the officer that the device by means of which the 2
test was carried out indicates that there may be present in the 3
person's breath or blood a concentration of alcohol of not less 4
than 0.02 grams in 210 litres of breath or 100 millilitres of blood 5
and the officer has reasonable cause to believe the person is a 6
special category driver in respect of the motor vehicle concerned, 7
or 8
(c) it appears to the officer from a breath test carried out under 9
clause 3 (1) by the officer that the device by means of which the 10
test was carried out indicates that there may be present in the 11
person's breath or blood a concentration of alcohol of not less 12
than 0.05 grams in 210 litres of breath or 100 millilitres of blood, 13
or 14
(d) the person refused to submit to a breath test required by a police 15
officer under clause 3 (1) or fails to submit to that test in 16
accordance with the directions of the officer. 17
(2) A police officer may: 18
(a) arrest a person referred to in subclause (1) without warrant, and 19
(b) take the person (or cause the person to be taken) with such force 20
as may be necessary to a police station or such other place as the 21
officer considers desirable, and 22
(c) detain the person, or cause the person to be detained, at that police 23
station or other place for the purposes of submitting to a breath 24
analysis in accordance with this Division. 25
5 Breath analysis following arrest (cf STM Act, s 15 (1)-(3)) 26
(1) A police officer may require a person who has been arrested under 27
clause 4 to submit to a breath analysis in accordance with the directions 28
of the officer. 29
(2) A breath analysis must be carried out by a police officer authorised to 30
do so by the Commissioner of Police at or near a police station or such 31
other place as that officer considers desirable. 32
(3) As soon as practicable after a person has submitted to a breath analysis, 33
the police officer operating the breath analysing instrument must deliver 34
a written statement to that person signed by that officer specifying the 35
following: 36
(a) the concentration of alcohol determined by the analysis to be 37
present in that person's breath or blood and expressed in grams 38
of alcohol in 210 litres of breath or 100 millilitres of blood, 39
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(b) the day on and time of the day at which the breath analysis was 1
completed. 2
Division 3 Random oral fluid testing for prescribed illicit 3
drugs 4
6 Power to conduct random oral fluid testing (cf STM Act, s 18B (1), (4) and (5)) 5
(1) A police officer may require a person to submit to one or more oral fluid 6
tests for prescribed illicit drugs in accordance with the officer's 7
directions if the officer has reasonable cause to believe that: 8
(a) the person is or was driving a motor vehicle on a road, or 9
(b) the person is or was occupying the driving seat of a motor vehicle 10
on a road and attempting to put the motor vehicle in motion, or 11
(c) the person (being the holder of an applicable driver licence) is or 12
was occupying the seat in a motor vehicle next to a learner driver 13
while the driver is or was driving the vehicle on a road. 14
(2) Without limiting any other power or authority, a police officer may, for 15
the purposes of this clause, request or signal the driver of a motor 16
vehicle to stop the vehicle. 17
(3) A person must comply with any request or signal made or given to the 18
person by a police officer under subclause (2). 19
Maximum penalty: 10 penalty units. 20
7 Arrest following failed oral fluid test or refusal or inability to submit to 21
test (cf STM Act, s 18C) 22
(1) A police officer may exercise the powers referred to in subclause (2) in 23
respect of a person if: 24
(a) it appears to the officer from one or more oral fluid tests carried 25
out under clause 6 (1) by the officer that the device by means of 26
which the test was carried out indicates that there may be one or 27
more prescribed illicit drugs present in the person's oral fluid, or 28
(b) the person refused to submit to an oral fluid test required by an 29
officer under clause 6 (1) or fails to submit to that test in 30
accordance with the directions of the officer. 31
(2) A police officer may: 32
(a) arrest a person referred to in subclause (1) without warrant, and 33
(b) take the person (or cause the person to be taken) with such force 34
as may be necessary to a police station or such other place as the 35
officer considers desirable and there detain the person (or cause 36
the person to be detained) for the purpose of the person providing 37
oral fluid samples in accordance with clause 8, and 38
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(c) if clause 9 permits the taking of a blood sample from the 1
person--take the person (or cause the person to be taken) with 2
such force as may be necessary to a hospital or a prescribed place 3
and there detain the person (or cause the person to be detained) 4
for the purpose of the person providing such a blood sample in 5
accordance with clause 9. 6
8 Providing an oral fluid sample for oral fluid analysis following arrest (cf 7
STM Act, s 18D (1)) 8
(1) A police officer may require a person who has been arrested under 9
clause 7 to provide an oral fluid sample in accordance with the 10
directions of the officer. 11
(2) An oral fluid sample taken under this clause may be used for the purpose 12
of conducting an oral fluid analysis. 13
Note. Part 4 provides for the procedures in relation to the taking and analysis of 14
samples taken under this clause. 15
9 Taking blood sample following arrest (cf STM Act, s 18E (1) and (2)) 16
(1) A police officer may require a person to provide a sample of the 17
person's blood (whether or not the person consents to the provision of 18
the sample) in accordance with the directions of an authorised sample 19
taker if the person: 20
(a) has attempted to provide an oral fluid sample as directed under 21
clause 8 (1), but 22
(b) has been unable to comply with that direction (for example, 23
because no oral fluid was physically able to be produced). 24
(2) An authorised sample taker is under a duty to take the sample if the 25
authorised sample taker is informed by the police officer that the sample 26
is required to be taken for the purposes of this clause. 27
Note. A refusal or failure by the authorised sample taker to take a sample that 28
the authorised sample taker is required to take under this Schedule may 29
constitute an offence against clause 20. 30
(3) A blood sample taken under this clause may be used for the purpose of 31
conducting an analysis to determine whether the blood contains any 32
prescribed illicit drugs. 33
Note. Part 4 provides for the procedures in relation to the taking and analysis of 34
samples taken under this clause. 35
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Division 4 Accidents 1
10 Interpretation (cf STM Act, ss 19, 20 (1) and 24A (1)) 2
(1) In this Division: 3
accident means an accident on a road involving a motor vehicle or other 4
vehicle or a horse. 5
accident hospital patient means a person who: 6
(a) attends at, or is admitted into, a hospital for examination or 7
treatment in consequence of an accident (whether occurring in 8
this jurisdiction or elsewhere), and 9
(b) is at least 15 years of age. 10
accident participant means a person who: 11
(a) at the time of an accident, was: 12
(i) driving a motor vehicle involved in the accident, or 13
(ii) occupying the driving seat of a motor vehicle involved in 14
the accident and attempting to put the motor vehicle in 15
motion, or 16
(iii) the holder of an applicable driver licence and occupying 17
the seat in the motor vehicle next to a learner driver who 18
was driving a motor vehicle involved in the accident, and 19
(b) is at least 15 years old. 20
(2) A reference in this Division to a hospital includes a reference to any 21
premises, institution or establishment prescribed by the statutory rules 22
as a hospital for the purposes of this Division. 23
11 Blood samples to be taken in hospitals from certain accident hospital 24
patients (cf STM Act, s 20 (2)-(6)) 25
(1) Any medical practitioner by whom an accident hospital patient is 26
attended at a hospital is under a duty to take a sample of the patient's 27
blood for analysis as soon as practicable. 28
(2) The medical practitioner is under a duty to take the sample whether or 29
not the accident hospital patient consents to the taking of the sample. 30
(3) If there is no medical practitioner present to attend the accident hospital 31
patient at the hospital, the blood sample is to be taken by a registered 32
nurse who is attending the patient and who is accredited by a hospital as 33
competent to perform the sampling procedures. 34
(4) This clause does not require the taking of a sample of blood from an 35
accident hospital patient unless, at the time of the accident concerned, 36
the accident hospital patient was: 37
(a) driving a motor vehicle involved in the accident, or 38
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(b) occupying the driving seat of a motor vehicle involved in the 1
accident and attempting to put the motor vehicle in motion, or 2
(c) a pedestrian involved in the accident, or 3
(d) driving or riding a vehicle (not being a motor vehicle) involved 4
in the accident, or 5
(e) driving or riding a horse involved in the accident, or 6
(f) the holder of an applicable driver licence and occupying the seat 7
in the motor vehicle next to a learner driver who was driving a 8
motor vehicle involved in the accident. 9
(5) A medical practitioner or registered nurse is not required by this clause 10
to take a sample of an accident hospital patient's blood if: 11
(a) a sample of the accident hospital patient's blood has already been 12
taken in accordance with this clause by another medical 13
practitioner or nurse, or 14
(b) the medical practitioner or nurse has been informed by a police 15
officer (or has reasonable grounds to believe) that the sample is 16
required to be taken for the purposes of clause 12. 17
(6) A blood sample taken under this clause may be used for the purpose of 18
conducting an analysis to determine the concentration of alcohol in the 19
blood. 20
Note. Part 4 provides for the procedures in relation to the taking and analysis of 21
samples taken under this clause. 22
12 Power to arrest persons involved in fatal accidents for blood and urine 23
tests (cf STM Act, s 24A (2) and (3) and 24B (1) and (2)) 24
(1) A police officer may exercise the powers referred to in subclause (2) in 25
relation to an accident participant if: 26
(a) the accident participant is not an accident hospital patient, and 27
(b) the police officer believes that: 28
(i) the accident is a fatal accident, or 29
(ii) it is more likely than not that a person will die within 30
30 days as a consequence of the accident. 31
(2) A police officer may: 32
(a) arrest the accident participant without warrant, and 33
(b) take the accident participant (or cause the accident participant to 34
be taken) with such force as may be necessary to a hospital or 35
prescribed place, and 36
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(c) detain the accident participant (or cause the accident participant 1
to be detained) at the hospital or other prescribed place to enable 2
the person to provide blood and urine samples in accordance with 3
this clause. 4
(3) A police officer may require an accident participant who has been 5
arrested under subclause (2) to provide samples of the participant's 6
blood and urine (whether or not the participant consents to the samples 7
being taken) in accordance with the directions of an authorised sample 8
taker. 9
(4) An authorised sample taker is under a duty to take the sample if the 10
authorised sample taker is informed by the police officer that the sample 11
is required to be taken for the purposes of this clause. 12
Note. A refusal or failure by the authorised sample taker to take a sample that 13
the authorised sample taker is required to take under this Schedule may 14
constitute an offence against clause 20. 15
(5) A blood or urine sample taken under this clause may be used for the 16
purpose of conducting an analysis to determine whether the blood or 17
urine contains a drug. 18
Note. Part 4 provides for the procedures in relation to the taking and analysis of 19
samples taken under this clause. 20
Division 5 Sobriety assessments and related drug analysis 21
13 Police officer may require sobriety assessment (cf STM Act, s 25) 22
(1) A police officer may require a person to submit to an assessment of the 23
person's sobriety in accordance with the directions of the officer if: 24
(a) the person has submitted to a breath test in accordance with 25
Division 2, and 26
(b) the result of the test does not permit the person to be required to 27
submit to a breath analysis. 28
(2) A person cannot be required to submit to a sobriety assessment unless: 29
(a) a police officer has a reasonable belief that the person may be 30
under the influence of a drug by the way in which the person: 31
(i) is or was driving a motor vehicle on a road, or 32
(ii) is or was occupying the driving seat of a motor vehicle on 33
a road and attempting to put the vehicle in motion, and 34
(b) the assessment is carried out by a police officer at or near the 35
place where the person underwent the breath test. 36
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14 Arrest following failure to submit to (or pass) sobriety assessment (cf 1
STM Act, s 26) 2
If the person refuses to submit to a sobriety assessment under this 3
Division or, after the assessment has been made, a police officer has a 4
reasonable belief that the person is under the influence of a drug, the 5
police officer may: 6
(a) arrest that person without warrant, and 7
(b) take the person (or cause the person to be taken) with such force 8
as may be necessary to a hospital or a prescribed place and there 9
detain the person (or cause the person to be detained) for the 10
purpose of providing a blood or urine sample in accordance with 11
this Division. 12
15 Taking samples following arrest (cf STM Act, s 27 (1) and (2)) 13
(1) A police officer may require a person who has been arrested under 14
clause 14 to provide samples of the person's blood and urine (whether 15
or not the person consents to them being taken) in accordance with the 16
directions of an authorised sample taker. 17
(2) An authorised sample taker is under a duty to take the sample if the 18
authorised sample taker is informed by the police officer that the sample 19
is required to be taken for the purposes of this clause. 20
Note. A refusal or failure by the authorised sample taker to take a sample that 21
the authorised sample taker is required to take under this Schedule may 22
constitute an offence against clause 20. 23
(3) A blood or urine sample taken under this clause may be used for the 24
purpose of conducting an analysis to determine whether the blood or 25
urine contains a drug. 26
Note. Part 4 provides for the procedures in relation to the taking and analysis of 27
samples taken under this clause. 28
Division 6 Offences relating to testing and sample taking 29
16 Offences--refusal or failure to submit to test, analysis or assessment 30
(cf STM Act, ss 13 (2) and (3),15 (4) and (5), 18B (2) and (3) and 29 (1) and (3)) 31
(1) A person must not, when required to do so by a police officer under this 32
Part, refuse or fail: 33
(a) to submit to a breath test under Division 2 in accordance with the 34
officer's directions, or 35
(b) to submit to a breath analysis under Division 2 in accordance with 36
the officer's directions, or 37
(c) to submit to an oral fluid test under Division 3 in accordance with 38
the officer's directions, or 39
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(d) to submit to a sobriety assessment under Division 5 in accordance 1
with the officer's directions. 2
Maximum penalty: 3
(a) in the case of a breath test, oral fluid test or sobriety assessment-- 4
10 penalty units, or 5
(b) in the case of a breath analysis--30 penalty units or 6
imprisonment for 18 months or both (in the case of a first offence) 7
or 50 penalty units or imprisonment for 2 years or both (in the 8
case of a second or subsequent offence). 9
(2) It is a defence to a prosecution for an offence against subclause (1) if the 10
defendant proves to the court's satisfaction that the defendant was 11
unable on medical grounds, at the time the defendant was required to do 12
so, to submit to the test, analysis or assessment concerned. 13
17 Offences--refusal or failure to provide samples or preventing sample 14
taking (cf STM Act, ss 18D (2) and (3), 18E (9), 22 (2) (a) and (3) (a), 24D (1) (a) and 15
(2) and 29 (2) (a) and (3)) 16
(1) A person must not, when required to do so by a police officer under this 17
Part, refuse or fail: 18
(a) to submit to the taking of a blood sample under this Part in 19
accordance with the directions of the sample taker, or 20
(b) to provide an oral fluid sample under Division 3 for an oral fluid 21
analysis in accordance with the directions of the officer, or 22
(c) to provide a urine sample in accordance with the directions of the 23
sample taker. 24
Maximum penalty: 25
(a) in the case of an offence against subclause (1) (a) in relation to a 26
requirement to provide a sample under clause 9 or of an offence 27
against subclause (1) (b)--30 penalty units (in the case of a first 28
offence) or 50 penalty units or imprisonment for 18 months or 29
both (in the case of a second or subsequent offence), or 30
(b) in any other case--30 penalty units or imprisonment for 31
18 months or both (in the case of a first offence) or 50 penalty 32
units or imprisonment for 2 years or both (in the case of a second 33
or subsequent offence). 34
(2) A person (other than a secondary participant in an accident) must not, 35
by reason of the person's behaviour, prevent a sample taker from taking 36
a sample of the person's blood for the purposes of clause 11. 37
Maximum penalty: 30 penalty units or imprisonment for 18 months or 38
both (in the case of a first offence) or 50 penalty units or imprisonment 39
for 2 years or both (in the case of a second or subsequent offence). 40
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(3) A secondary participant in an accident must not, by reason of the 1
person's behaviour, prevent a sample taker from taking a sample of the 2
person's blood for the purposes of clause 11. 3
Maximum penalty: 30 penalty units. 4
(4) It is a defence to a prosecution for an offence against subclause (1) if the 5
defendant proves to the court's satisfaction that the defendant was 6
unable on medical grounds, at the time the person was required to do so, 7
to submit to the taking of the sample or to provide the sample 8
concerned. 9
(5) In this clause: 10
sample taker, in relation to a sample, means an authorised sample taker 11
who is required to take the sample concerned under this Part. 12
secondary participant in an accident means a person involved in the 13
accident who was: 14
(a) a pedestrian, or 15
(b) driving or riding a vehicle (other than a motor vehicle or a horse). 16
18 Offences--wilful introduction or alteration of concentration or amount of 17
alcohol or other drugs (cf STM Act, ss 16, 18G (1)-(3), 22 (2) (b), (3) (b) and (4), 18
24D (1) (b) and (3) and 29 (2) (b) and (c) and (4)) 19
(1) A person (other than a secondary participant in an accident) must not 20
wilfully do anything: 21
(a) to alter the concentration of alcohol in the person's breath or 22
blood between the time of the event referred to in clause 3 (1) (a), 23
(b) or (c) in respect of which the person has been required by a 24
police officer to submit to a breath test under Division 2 and the 25
time when the person submits to that test, or 26
(b) to alter the concentration of alcohol in the person's breath or 27
blood between the time of the event referred to in clause 3 (1) (a), 28
(b) or (c) in respect of which the person has been required by a 29
police officer to submit to a breath test under Division 2 and the 30
time when the person submits to a breath analysis under that 31
Division, or 32
(c) to introduce, or alter the amount of, any prescribed illicit drug in 33
the person's oral fluid between the time of the event referred to 34
in clause 6 (1) (a), (b) or (c) in respect of which the person has 35
been required by a police officer to submit to an oral fluid test 36
under Division 3 and the time when the person submits to that 37
test, or 38
(d) to introduce, or alter the amount of, any prescribed illicit drug in 39
the person's oral fluid or blood between the time of the event 40
referred to in clause 6 (1) (a), (b) or (c) in respect of which the 41
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person has been required by a police officer to submit to an oral 1
fluid test under Division 3 and the time when the person provides 2
a sample of the person's oral fluid or blood under that Division, 3
or 4
(e) in the case of an accident involving the person--to alter the 5
concentration of alcohol in the person's blood (except at the 6
direction or under the supervision of an appropriate health 7
professional) between the time of the accident concerned and the 8
taking of a sample of the person's blood in accordance with 9
Division 4, or 10
(f) to introduce, or alter the amount of, a drug in the person's blood 11
or urine between the time of the event referred to in clause 13 (2) 12
(a) (i) or (ii) in respect of which the person has been required by 13
a police officer to submit to a sobriety assessment and the time 14
when the person submits to that assessment, or 15
(g) to introduce, or alter the amount of, a drug in the person's blood 16
or urine between the time of the event referred to in clause 13 (2) 17
(a) (i) or (ii) in respect of which the person has been required by 18
a police officer to submit to a sobriety assessment and the time 19
when the person provides a sample that the person is required to 20
provide under Division 5. 21
Maximum penalty: 22
(a) in the case of an offence against subclause (1) (a), (b), (e), (f) or 23
(g)--30 penalty units or imprisonment for 18 months or both (in 24
the case of a first offence) or 50 penalty units or imprisonment for 25
2 years or both (in the case of a second or subsequent offence), or 26
(b) in the case of an offence against subclause (1) (c) or (d)-- 27
30 penalty units (in the case of a first offence) or 50 penalty units 28
(in the case of a second or subsequent offence). 29
(2) A secondary participant in an accident must not do anything to alter the 30
concentration of alcohol in the person's blood (except at the direction or 31
under the supervision of an appropriate health professional) between the 32
time of the accident concerned and the taking of a sample of the 33
person's blood in accordance with clause 11. 34
Maximum penalty: 30 penalty units. 35
(3) It is a defence: 36
(a) in the case of the prosecution of a person for an offence against 37
subclause (1) (c)--if the person proves to the court's satisfaction 38
that the thing that the person is accused of doing was done more 39
than 2 hours after the time of the event referred to in clause 6 (1) 40
(a), (b) or (c), or 41
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(b) in the case of the prosecution of a person for an offence against 1
subclause (1) (d) in relation to oral fluid--if the person proves to 2
the court's satisfaction that the thing that the person is accused of 3
doing was done more than 2 hours after the time of the event 4
referred to in clause 6 (1) (a), (b) or (c), or 5
(c) in the case of the prosecution of a person for an offence against 6
subclause (1) (d) in relation to blood--if the person proves to the 7
court's satisfaction that the thing that the person is accused of 8
doing was done more than 4 hours after the time of the event 9
referred to in clause 6 (1) (a), (b) or (c), or 10
(d) in the case of the prosecution of a person for an offence against 11
subclause (1) (e) or (2) in relation to a non-fatal accident--if the 12
person proves to the court's satisfaction that the thing that the 13
person is accused of doing was done more than 2 hours after the 14
accident occurred, or 15
(e) in the case of the prosecution of a person for an offence against 16
subclause (1) (e) or (2) in relation to a fatal accident--if the 17
person proves to the court's satisfaction that the thing that the 18
person is accused of doing was done more than 4 hours after the 19
accident occurred, or 20
(f) in the case of the prosecution of a person for an offence against 21
subclause (1) (f)--if the person proves to the court's satisfaction 22
that the thing that the person is accused of doing was done more 23
than 4 hours after the time of the event referred to in clause 13 (2) 24
(a) (i) or (ii). 25
(4) In this clause: 26
appropriate health professional means a medical practitioner or 27
registered nurse (or a person belong to a class or description or persons 28
prescribed by the statutory rules) for the proper care and treatment of the 29
person. 30
secondary participant in an accident means a person involved in the 31
accident who was: 32
(a) a pedestrian, or 33
(b) driving or riding a vehicle (other than a motor vehicle or a horse). 34
19 Offences--hindering or obstructing police officers or sample takers (cf 35
STM Act, ss 18G (6) and (7), 22 (1), 24D (6) and 29 (7)) 36
(1) A person must not hinder or obstruct a police officer in attempting to 37
administer an oral fluid test on, or take a sample of oral fluid from, any 38
other person in accordance with Division 3. 39
Maximum penalty: 20 penalty units. 40
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(2) A person must not hinder or obstruct a sample taker in attempting to 1
take a sample of the blood or urine of any other person in accordance 2
with this Part. 3
Maximum penalty: 20 penalty units. 4
(3) In this clause: 5
sample taker, in relation to a sample, means an authorised sample taker 6
who is required to take the sample concerned under this Part. 7
20 Offences--refusal or failure to take sample (cf STM Act, ss 18G (4) (a) and 8
(5), 21, 24D (4) (a) and (5) and 29 (5) (a) and (6)) 9
(1) An authorised sample taker must not refuse or fail to take a blood or 10
urine sample that the authorised sample taker is required to take under 11
this Part. 12
Maximum penalty: 20 penalty units. 13
(2) It is a defence to a prosecution for an offence against subclause (1) if the 14
defendant proves to the court's satisfaction that: 15
(a) the defendant believed on reasonable grounds that the taking of 16
the sample from the person from whom the sample was to be 17
taken would be prejudicial to the proper care and treatment of the 18
person, or 19
(b) the defendant believed on reasonable grounds that the person was 20
less than 15 years of age, or 21
(c) the defendant was, because of the behaviour of the person, unable 22
to take the sample, or 23
(d) there was other reasonable cause for the defendant not to take the 24
sample. 25
(3) Without limiting subclause (2), it is also a defence to a prosecution for 26
an offence against subclause (1) in relation to a failure to take a sample 27
under clause 11 from a person involved in an accident if the defendant 28
proves to the court's satisfaction that: 29
(a) the defendant did not believe that the person had attended at or 30
been admitted into the hospital in consequence of an accident 31
involving a vehicle or horse, or 32
(b) without limiting paragraph (a), the defendant did not believe on 33
reasonable grounds that the person was a person from whom the 34
defendant was required under clause 11 to take a sample of blood, 35
or 36
(c) the requirement that the defendant take a sample of blood from 37
the person arose after the expiration of 12 hours after the accident 38
concerned occurred or the defendant believed on reasonable 39
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grounds that the requirement arose after the expiration of that 1
period, or 2
(d) the defendant did not know (and could not with reasonable 3
diligence have ascertained) which of 2 or more persons involved 4
in an accident involving a vehicle or horse was or were a person 5
or persons from whom the defendant was required by clause 11 6
to take a sample or samples of blood. 7
Part 3 Requests and applications for additional 8
analysis of samples 9
21 Request for blood sample to be taken for analysis when person required 10
to submit to breath analysis (cf STM Act, s 18 (1) and (2)) 11
(1) A person who is required by a police officer under Division 2 of Part 2 12
to submit to a breath analysis may request the police officer to arrange 13
for an authorised sample taker to take, in the presence of a police officer, 14
a sample of that person's blood, for analysis in accordance with Part 4 15
to determine the concentration of alcohol in the blood at the person's 16
own expense. 17
Note. Part 4 provides for the procedures in relation to the taking and analysis of 18
samples taken under this subclause. 19
(2) A request by a person under subclause (1), or the taking of a sample of 20
that person's blood, does not excuse that person from the obligation 21
imposed on the person to submit to a breath analysis in accordance with 22
Division 2 of Part 2. 23
22 Application for additional analysis of blood or oral fluid sample that has 24
already been taken (cf STM Act, ss 18 (5), 18D (5), 18E (5), 23 (3), 24B (5) and 25
27 (2C)) 26
(1) A person from whom a blood or oral fluid sample was taken under this 27
Schedule may apply to an authorised laboratory for a portion of the 28
sample to be sent for analysis, at that person's own expense, to a 29
medical practitioner or laboratory nominated by the person. 30
(2) An application under subclause (1) must be made: 31
(a) in the case of a blood sample--within 12 months after the sample 32
was taken, or 33
(b) in the case of an oral fluid sample--within 6 months, or such 34
longer period as may be prescribed by the statutory rules, after 35
the sample was taken. 36
(3) In this clause: 37
authorised laboratory means a laboratory prescribed by the statutory 38
rules for the purposes of this clause. 39
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Part 4 Procedures for taking and analysing samples 1
Division 1 Preliminary 2
23 Definitions (cf STM Reg, cll 130 (1) and 130A (1)) 3
In this Part: 4
prescribed laboratory means a laboratory prescribed by the statutory 5
rules for the purposes of this Part. 6
security box means a locked security box of a type approved by the 7
Commissioner of Police. 8
Division 2 Procedures for sample taking 9
24 Procedures for the taking of blood samples (cf STM Act, ss 18 (3), (4) and 10
(5A), 18E (3), (4) and (5A), 23 (1), (2) and (4)-(6), 24B (3), (4) and (5A) and 27 (2A), 11
(2B) and (2D); STM Reg, cl 130 (1)) 12
(1) This clause applies in relation to the taking of a blood sample under this 13
Schedule by an authorised sample taker (a blood sample taker). 14
(2) A blood sample taker must: 15
(a) place the sample into a container, and 16
(b) fasten and seal the container, and 17
(c) mark or label the container for future identification, and 18
(d) give to the person from whom the sample is taken a certificate 19
relating to the sample that contains sufficient information to 20
enable the sample to be identified as a sample of that person's 21
blood. 22
(3) The blood sample must be placed in a security box (whether by the 23
blood sample taker, a police officer or a person acting under the 24
direction of the sample taker or officer) as soon as is reasonably 25
practicable after the procedures in subclause (2) have been completed. 26
(4) The blood sample must be kept in the security box until it is submitted 27
to a prescribed laboratory for analysis. 28
(5) Subject to subclause (7), the blood sample taker must make 29
arrangements for the blood sample to be submitted to a prescribed 30
laboratory for analysis by an analyst to determine: 31
(a) the concentration of alcohol in the blood if that is a purpose for 32
which the sample may be used, or 33
(b) whether the blood contains a prescribed illicit drug if that is a 34
purpose for which the sample may be used, or 35
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(c) whether the blood contains another drug if that is a purpose for 1
which the sample may be used. 2
Note. See Part 2 for the purposes for which samples taken under that Part may 3
be used. 4
(6) A medical practitioner of another jurisdiction who, under a law of the 5
other jurisdiction that substantially corresponds to clause 11, takes a 6
sample of blood from a person attended by the medical practitioner in 7
consequence of an accident in this jurisdiction may arrange for a portion 8
of the sample to be submitted for an analysis by an analyst to determine 9
the concentration of alcohol in the blood. 10
(7) A police officer may make the arrangements referred to in subclause (5) 11
instead of the blood sample taker. The making of such arrangements 12
under this subclause operates to discharge the duty of the blood sample 13
taker under subclause (5) to make those arrangements. 14
(8) The following additional provisions apply in relation to a sample taken 15
under clause 11: 16
(a) a police officer may arrange for a blood sample taken from a 17
person under clause 11 to be submitted to a prescribed laboratory 18
for analysis to determine the concentration of alcohol, or of 19
alcohol and other drugs, in the blood, 20
(b) a police officer may not make arrangements under paragraph (a) 21
for analysis of a blood sample to determine the concentration in 22
the person's blood of a drug (other than alcohol) unless: 23
(i) the accident that caused the person to attend at or be 24
admitted to hospital was fatal and the person was a person 25
referred to in clause 11 (4) (a), (b) or (f), or 26
(ii) the officer has reasonable grounds to believe that, at the 27
time of the accident concerned, the person was under the 28
influence of a drug (other than alcohol) and either no 29
police officer attended the scene of the accident or there 30
was no reasonable opportunity for police officers attending 31
the scene to require the person to submit to a sobriety 32
assessment under Division 5 of Part 2. 33
25 Procedures for the taking of urine samples (cf STM Act, ss 24B (6) and (7) 34
and 27 (3) and (4); STM Reg, cl 130 (1)) 35
(1) This clause applies in relation to the taking of a urine sample under this 36
Schedule by an authorised sample taker (a urine sample taker). 37
(2) A urine sample taker must: 38
(a) divide the sample into 2 approximately equal portions, and 39
(b) place each portion into a container, and 40
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(c) fasten and seal each container, and 1
(d) mark or label each container for future identification, and 2
(e) hand one of the 2 containers to the person from whom the sample 3
is taken or some other person on behalf of that person, and 4
(f) make appropriate arrangements for the other portion of the 5
sample in the other container to be submitted to a prescribed 6
laboratory for analysis by an analyst. 7
(3) The urine sample must be placed in a security box (whether by the urine 8
sample taker, a police officer or a person acting under the direction of 9
the sample taker or officer) as soon as is reasonably practicable after the 10
procedures in subclause (2) have been completed. 11
(4) The urine sample must be kept in the security box until it is submitted 12
to a prescribed laboratory for analysis. 13
(5) Subject to subclause (6), the urine sample taker must make 14
arrangements for the urine sample to be submitted to a prescribed 15
laboratory for analysis by an analyst to determine whether the urine 16
contains a drug if that is a purpose for which the sample may be used. 17
Note. See Part 2 for the purposes for which samples taken under that Part may 18
be used. 19
(6) A police officer may make the arrangements referred to in subclause (5) 20
instead of the urine sample taker. The making of such arrangements 21
under this subclause operates to discharge the duty of the urine sample 22
taker under subclause (5) to make those arrangements. 23
26 Procedures for the taking of oral fluid samples (cf STM Act, s 18D (4)-(4B); 24
STM Reg, cl 130A (1)) 25
(1) A police officer who is provided with an oral fluid sample under 26
clause 8 (1) must: 27
(a) place the sample into a container, and 28
(b) fasten and seal the container, and 29
(c) mark or label the container for future identification, and 30
(d) give to the person from whom the sample is taken a certificate 31
relating to the sample that contains sufficient information to 32
enable the sample to be identified as a sample of that person's 33
oral fluid. 34
(2) The oral fluid sample must be placed in a security box (whether by the 35
police officer or a person acting under the direction of the officer) as 36
soon as is reasonably practicable after the procedures in subclause (1) 37
have been completed. 38
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(3) The oral fluid sample must be kept in the security box until it is 1
submitted to a prescribed laboratory for analysis. 2
(4) The police officer must make arrangements for the oral fluid sample to 3
be submitted to a prescribed laboratory for an oral fluid analysis. 4
(5) A police officer may carry out an oral fluid test on a portion of an oral 5
fluid sample provided under clause 8 (1) before dealing with the 6
remaining portion of the sample in accordance with subclause (1). 7
(6) If an oral fluid test is carried out under subclause (5) on a portion of an 8
oral fluid sample, a reference in this clause and clauses 32 and 36 to the 9
sample that is required under subclause (4) to be submitted to a 10
laboratory is taken to be a reference to the remaining portion of the 11
sample. 12
Division 3 Analysis procedures 13
27 Conduct of analysis (cf STM Act, ss 18 (6) and (7), 18D (6) and (7), 18E (6) and 14
(8), 23 (7) and (8), 24B (8), (10) and (11) and 27 (5) and (7)) 15
(1) Subject to subclause (2), an analyst at the laboratory to which a sample 16
is submitted under this Part may carry out an analysis of the sample, or 17
of a portion of the sample, to determine: 18
(a) in the case of a blood sample submitted for alcohol analysis--the 19
concentration of alcohol in the blood, or 20
(b) in the case of a blood sample submitted for drug analysis-- 21
whether the blood contains a prescribed illicit drug or other drug 22
(as the case requires), or 23
(c) in the case of an oral fluid sample submitted for an oral fluid 24
analysis--whether the oral fluid contains a prescribed illicit drug, 25
or 26
(d) in the case of a urine sample--whether the urine contains a drug. 27
(2) In the case of a blood or urine sample taken for the purposes of clause 12 28
that has been submitted for analysis, the analyst may carry out an 29
analysis of the sample only if a police officer has notified the analyst in 30
writing that a person involved in the accident that led to the sample of 31
blood or urine being submitted for analysis: 32
(a) has died within 30 days of the accident, or 33
(b) has died during the period beginning 30 days after the accident 34
and ending 12 months after the accident and a medical 35
practitioner has given advice that the person died as a result of the 36
accident. 37
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(3) A blood or urine sample of the kind referred to in subclause (2) must be 1
destroyed by or at the direction of the analyst who has custody of the 2
sample without being analysed if, at the expiry of 13 months after the 3
accident concerned, no police officer has made a notification relating to 4
a death under subclause (2). 5
(4) An analysis referred to in subclause (1) may be carried out, and any act, 6
matter or thing in connection with the analysis (including the receipt of 7
the sample to be analysed and the breaking of any seal securing the 8
sample) may be done, by a person acting under the supervision of an 9
analyst, and in that event is taken to have been carried out or done by 10
the analyst. 11
Division 4 Offences in relation to sample handling 12
28 Offences--destroying or tampering or interfering with samples (cf STM 13
Reg, cll 130 (2) and (3) and 130A (2)) 14
A person must not destroy or otherwise interfere or tamper with a 15
sample, or a portion of a sample, of a person's blood or urine taken 16
under Part 2 except as follows: 17
(a) after the expiration of 13 months (in the case of a sample taken 18
under clause 12) or 12 months (in any other case) commencing 19
on the day the sample was taken, 20
Note. Clause 27 (3) provides that a blood or urine sample that has been 21
provided under clause 12 must be destroyed by or at the direction of the 22
analyst who has custody of the sample without being analysed if, at the 23
expiry of 13 months after the accident concerned, no police officer has 24
made a notification relating to a death. 25
(b) in the case of a sample--by or at the direction of an analyst: 26
(i) so as to permit a portion of the sample to be sent for 27
analysis by a medical practitioner or laboratory nominated, 28
under clause 22, in an application made under that clause 29
by the person from whom the sample was taken, or 30
(ii) in the course of, or on completion of, an analysis of the 31
sample, 32
(c) in the case of a portion of a sample--by or at the direction of the 33
medical practitioner or laboratory nominated under clause 22 by 34
the person from whom the sample was taken. 35
Maximum penalty: 20 penalty units. 36
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29 Offence--failure to comply with sample handling procedures (cf STM Act, 1
ss 18G (4) (b), 23 (1) and (2), 24D (4) (b) and 29 (5) (b)) 2
An authorised sample taker who takes a blood or urine sample for the 3
purposes of a provision of this Schedule must: 4
(a) in the case of a blood sample--comply with the requirements of 5
clause 24 (2) and (3), or 6
(b) in the case of a urine sample--comply with the requirements of 7
clause 25 (2) and (3). 8
Maximum penalty: 20 penalty units. 9
30 Offence--use of samples for non-drug testing purposes (cf STM Act, 10
s 18H) 11
(1) A person must not intentionally or recklessly: 12
(a) supply a drug testing sample (or cause or permit a drug testing 13
sample to be supplied) to a person for analysis for a non-drug 14
testing purpose, or 15
(b) carry out an analysis (or cause or permit an analysis to be carried 16
out) of a drug testing sample for a non-drug testing purpose, or 17
(c) include information on a DNA database (or cause information to 18
be included on a DNA database) if that information has been 19
derived from an analysis of a drug testing sample for a non-drug 20
testing purpose. 21
Maximum penalty: 30 penalty units. 22
Note. For example, deriving a DNA profile from the sample is a non-drug testing 23
purpose. 24
(2) In this clause: 25
DNA database means any database containing DNA data that is kept 26
under a law of this or any other jurisdiction, and includes any DNA 27
database system within the meaning of the Crimes (Forensic 28
Procedures) Act 2000. 29
drug testing sample means a sample of oral fluid or blood taken from, 30
or furnished or provided by, a person under Division 3 of Part 2. 31
non-drug testing purpose, in relation to the analysis of a drug testing 32
sample, means a purpose other than determining whether any prescribed 33
illicit drugs are present in the sample. 34
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Testing for alcohol and drug use Schedule 3
Part 5 Evidential matters 1
Division 1 Admission of evidence concerning presence of 2
alcohol or other drugs 3
31 Evidence of alcohol concentration in proceedings for offences against 4
section 110 (cf STM Act, s 32) 5
(1) This clause applies to any proceedings for an offence against 6
section 110 (Presence of prescribed concentration of alcohol in person's 7
breath or blood). 8
(2) Evidence may be given in proceedings to which this clause applies of 9
the concentration of alcohol present in the breath or blood of the person 10
charged as determined by: 11
(a) a breath analysing instrument operated by a police officer 12
authorised to do so by the Commissioner of Police, or 13
(b) an analysis of the person's blood under this Schedule. 14
(3) In any such proceedings, the concentration of alcohol so determined is 15
taken to be the concentration of alcohol in the person's breath or blood 16
at the time of the occurrence of the relevant event referred to in 17
clause 3 (1) (a), (b) or (c) if the breath analysis was made, or blood 18
sample taken, within 2 hours after the event unless the defendant proves 19
that the concentration of alcohol in the defendant's breath or blood at 20
the time concerned was: 21
(a) in the case of an offence against section 110 (1)--zero grams of 22
alcohol in 210 litres of breath or 100 millilitres of blood, or 23
(b) in the case of an offence against section 110 (2)--less than 24
0.02 grams of alcohol in 210 litres of breath or 100 millilitres of 25
blood, or 26
(c) in the case of an offence against section 110 (3)--less than 27
0.05 grams of alcohol in 210 litres of breath or 100 millilitres of 28
blood, or 29
(d) in the case of an offence against section 110 (4)--less than 30
0.08 grams of alcohol in 210 litres of breath or 100 millilitres of 31
blood, or 32
(e) in the case of an offence against section 110 (5)--less than 33
0.15 grams of alcohol in 210 litres of breath or 100 millilitres of 34
blood. 35
(4) Nothing in subclause (3) affects the operation of section 110 (6) and (7). 36
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32 Evidence of presence of drugs in proceedings for offences against 1
section 111 (cf STM Act, ss 33A and 33C) 2
(1) This clause applies to any proceedings for an offence against 3
section 111 (Presence of certain drugs (other than alcohol) in oral fluid, 4
blood or urine). 5
(2) In proceedings to which this clause applies in relation to a prescribed 6
illicit drug: 7
(a) evidence may be given of the presence of a prescribed illicit drug 8
in the oral fluid of the person charged as determined by an oral 9
fluid analysis under this Schedule of a sample of the person's oral 10
fluid, and 11
(b) the presence of a prescribed illicit drug in a person's oral fluid so 12
determined is taken to show the presence of the drug at the time 13
of the occurrence of the relevant event referred to in section 111 14
(1) (a), (b) or (c) if the oral fluid sample analysed was provided 15
within 2 hours after the event, unless the defendant proves the 16
absence of the drug when the event occurred. 17
(3) In proceedings to which this clause applies: 18
(a) evidence may be given of the presence of a prescribed illicit drug, 19
morphine or cocaine in the blood or urine of the person charged 20
as determined by an analysis of the person's blood or urine under 21
this Schedule, and 22
(b) the drug the presence of which is so determined is taken to be so 23
present at the time of the occurrence of the relevant event referred 24
to in section 111 (1) (a), (b) or (c) or (3) (a), (b) or (c) if the blood 25
or urine sample was taken within 4 hours after the event, unless 26
the defendant proves the absence of the drug when the event 27
occurred. 28
33 Evidence of presence of drugs in proceedings for offences against 29
section 112 (cf STM Act, s 34) 30
(1) This clause applies to any proceedings for an offence against section 31
112 (1) (Use or attempted use of a vehicle under the influence of alcohol 32
or any other drug). 33
(2) In proceedings to which this clause applies: 34
(a) evidence may be given of the presence of a drug, or the presence 35
of a particular concentration of drug, in the blood or urine of the 36
person charged, as determined pursuant to an analysis under this 37
Schedule of a sample of the person's blood or urine, and 38
(b) the drug the presence of which is so determined or the particular 39
concentration of the drug the presence of which is so determined 40
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(as the case may be) is to be taken to have been present in the 1
blood or urine of that person when the event referred to in 2
section 112 (1) (a) or (b) (as the case may be) occurred if the 3
sample was taken within 4 hours after the event, unless the 4
defendant proves the absence of the drug, or the presence of the 5
drug in a different concentration, when the event occurred. 6
34 Evidence of test or analysis and related facts not admissible in 7
insurance cases to prove intoxication or drug use (cf STM Act, s 37) 8
(1) For the purposes of any contract of insurance, any of the following facts 9
are not admissible as evidence of the fact that a person was at any time 10
under the influence of or in any way affected by intoxicating liquor or 11
incapable of driving or of exercising effective control over a motor 12
vehicle: 13
(a) the fact that a person has submitted to a breath test or breath 14
analysis under this Schedule, 15
(b) the result of a breath test or breath analysis, 16
(c) the fact that a person has submitted to an oral fluid test or 17
provided a sample for oral fluid analysis under this Schedule, 18
(d) the result of an oral fluid test or oral fluid analysis, 19
(e) the fact that a person has been convicted of an offence against any 20
of the following provisions: 21
(i) section 110, 22
(ii) section 111, 23
(iii) clause 16, 24
(iv) clause 17, 25
(v) clause 18. 26
(2) For the purposes of any contract of insurance, the results of any analysis 27
of blood or urine under this Schedule are not admissible as evidence of 28
the fact that a person was at any time under the influence of or in any 29
way affected by intoxicating liquor or any other drug or incapable of 30
driving or of exercising effective control over a vehicle or horse. 31
(3) Nothing in subclause (1) or (2) precludes the admission of any other 32
evidence to show a fact referred in the subclause. 33
(4) The provisions of this clause have effect despite anything contained in 34
any contract of insurance. 35
(5) Any covenant, term, condition or provision in any contract of insurance 36
is void: 37
(a) to the extent that the operation of this clause is excluded, limited, 38
modified or restricted, or 39
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Schedule 3 Testing for alcohol and drug use
(b) to the extent that it purports to exclude or limit the liability of the 1
insurer in the event of any person being convicted of: 2
(i) an offence against section 110 or 111 (1) or (3), or 3
(ii) an offence against a provision of Part 2. 4
(6) However, nothing in subclause (5) precludes the inclusion in a contract 5
of insurance of any other covenant, term, condition or provision under 6
which the liability of the insurer is excluded or limited. 7
Division 2 Certificate evidence 8
35 Certificate evidence about breath analysing instruments (cf STM Act, s 33 9
(1)-(3)) 10
(1) This clause applies to any of the following proceedings: 11
(a) proceedings for an offence against section 110 (Presence of 12
prescribed concentration of alcohol in person's breath or blood), 13
(b) proceedings for an offence against clause 3 (4), 16 (1) (a) or (b) 14
or 18 (1) (a) or (b). 15
(2) A certificate purporting to be signed by a police officer certifying the 16
following particulars is admissible in proceedings to which this clause 17
applies and is prima facie evidence of the particulars certified in or by 18
the certificate: 19
(a) the officer is authorised by the Commissioner of Police to operate 20
breath analysing instruments, 21
(b) a person named in the certificate submitted to a breath analysis, 22
(c) the apparatus used by the officer to make the breath analysis was 23
a breath analysing instrument within the meaning of this Act, 24
(d) the analysis was made on the day and completed at the time stated 25
in the certificate, 26
(e) a concentration of alcohol determined by that breath analysing 27
instrument and expressed in grams of alcohol in 210 litres of 28
breath or 100 millilitres of blood was present in the breath or 29
blood of that person on the day and at the time stated in the 30
certificate, 31
(f) a statement in writing required by clause 5 (3) was delivered in 32
accordance with that subclause. 33
(3) A certificate purporting to be signed by the Commissioner of Police that 34
the police officer named in the certificate is authorised by the 35
Commissioner of Police to operate breath analysing instruments is 36
admissible in proceedings to which this clause applies and is prima facie 37
evidence of the particulars certified in and by the certificate. 38
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(4) Evidence of the condition of a breath analysing instrument, or of the 1
manner in which it was operated, is not required in proceedings to 2
which this clause applies unless evidence sufficient to raise doubt that 3
the instrument was in proper condition and properly operated has been 4
adduced. 5
36 Certificate evidence about the taking and analysis of samples (cf STM 6
Act, ss 33 (4)-(7), 33B, 33D and 35) 7
(1) Proceedings to which clause applies 8
This clause applies to any of the following proceedings: 9
(a) proceedings for an offence against section 110 (Presence of 10
prescribed concentration of alcohol in person's breath or blood), 11
(b) proceedings for an offence against section 111 (Presence of 12
certain drugs (other than alcohol) in oral fluid, blood or urine), 13
(c) proceedings for an offence against section 112 (1) (Use or 14
attempted use of a vehicle under the influence of alcohol or any 15
other drug). 16
(2) Certificates from sample takers 17
A certificate purporting to be signed by an authorised sample taker (the 18
certifier) certifying any one or more of the following matters is 19
admissible in proceedings to which this clause applies and is prima facie 20
evidence of the particulars certified in and by the certificate: 21
(a) that the certifier was an authorised sample taker who attended a 22
specified person, 23
(b) that the certifier took a sample of the person's blood or urine in 24
accordance with this Schedule, and any relevant provisions of the 25
statutory rules, on the day and at the time stated in the certificate, 26
(c) that the certifier dealt with the sample in accordance with this 27
Schedule and any relevant provisions of the statutory rules, 28
(d) that the certifier used equipment of a specified description in so 29
taking and dealing with the sample, 30
(e) that the container was sealed, and marked or labelled, in a 31
specified manner. 32
(3) A certificate purporting to be signed by a police officer certifying any 33
one or more of the following matters is admissible in proceedings to 34
which this clause applies and is prima facie evidence of the particulars 35
certified in and by the certificate: 36
(a) that the officer took a sample of the oral fluid of the person named 37
in the certificate in accordance with this Schedule, and any 38
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relevant provisions of the statutory rules, on the day and at the 1
time stated in the certificate, 2
(b) that the officer dealt with the sample in accordance with this 3
Schedule and any relevant provisions of the statutory rules, 4
(c) that the container was sealed, and marked or labelled, in a 5
specified manner, 6
(d) that the officer arranged for the sample to be submitted for oral 7
fluid analysis to determine the presence of any prescribed illicit 8
drugs in the oral fluid. 9
(4) Certificates from police officers about arrangements for analysis 10
A certificate purporting to be signed by a police officer certifying any 11
one or more of the following matters is admissible in proceedings to 12
which this clause applies and is prima facie evidence of the particulars 13
certified in and by the certificate: 14
(a) that the officer received a sample of a specified person's blood or 15
urine in accordance with this Schedule for submission to a 16
prescribed laboratory for analysis, 17
(b) that the officer arranged for the sample to be submitted for 18
analysis by an analyst to determine the concentration of alcohol 19
in the sample or the presence or concentration of another drug in 20
the sample (as the case requires), 21
(c) that the sample was in a container which was sealed, or marked 22
or labelled, in a specified manner. 23
(5) Certificates from analysts 24
A certificate purporting to be signed by an analyst certifying any one or 25
more of the following matters: 26
(a) that the analyst received, on a specified day, a sample of a 27
specified person's blood, urine or oral fluid in a container 28
submitted for analysis under this Schedule, 29
(b) that the container, as received by the analyst, was sealed, and 30
marked or labelled, in a specified manner, 31
(c) that on receipt by the analyst of the container, the seal was 32
unbroken, 33
(d) in the case of an analysis of a blood sample carried out to 34
determine the concentration of alcohol in the blood of the 35
specified person: 36
(i) that the analyst carried out an analysis of the sample to 37
determine the concentration of alcohol in the sample, and 38
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Testing for alcohol and drug use Schedule 3
(ii) that the concentration of alcohol determined pursuant to 1
the analysis and expressed in grams of alcohol in 2
100 millilitres of blood was present in that sample, 3
(e) in the case of an analysis of a blood or urine sample carried out 4
to determine the presence or concentration of a prescribed illicit 5
drug or other drug in the blood or urine of the specified person: 6
(i) that the analyst carried out an analysis of the sample to 7
determine whether any prescribed illicit drug or other drug 8
(as the case requires) was present in the sample, and 9
(ii) that a specified prescribed illicit drug or other drug (as the 10
case requires) ascertained pursuant to the analysis was 11
present in that sample and, if so certified, was present in 12
that sample in a specified concentration, 13
(f) in the case of an oral fluid analysis carried out on the oral fluid of 14
the specified person: 15
(i) that the analyst carried out an oral fluid analysis of the 16
sample to determine the presence of any prescribed illicit 17
drugs in the sample, and 18
(ii) that a specified prescribed illicit drug was determined 19
pursuant to the oral fluid analysis to be present in that 20
sample, 21
(g) that the analyst was, at the time of the analysis, an analyst within 22
the meaning of this Schedule, 23
is admissible and is prima facie evidence: 24
(h) of the particulars certified in and by the certificate, and 25
(i) that the sample was a sample of the blood, urine or oral fluid of 26
that specified person, and 27
(j) that the sample had not been tampered with before it was received 28
by the analyst. 29
(6) Certificates from interstate sample takers and analysts 30
A certificate purporting to be signed by an interstate sample taker or 31
interstate analyst in accordance with a provision of a law of another 32
jurisdiction that substantially corresponds to the relevant provisions of 33
this Schedule concerning sample taking or analysis is admissible in 34
proceedings to which this clause applies and is prima facie evidence of 35
the particulars certified in and by the certificate. 36
(7) An analysis to which a certificate referred to in subclause (6) relates is 37
taken to be an analysis under this Schedule. 38
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(8) Special provisions regarding proceedings for offences against 1
section 112 2
Subclauses (1)-(3): 3
(a) do not apply to proceedings for an offence against section 112 (1) 4
brought on a charge that, by the operation of clause 40 (1), cannot 5
be laid, and 6
(b) do not enable evidence to be given of or in relation to: 7
(i) the presence of a drug other than alcohol, or 8
(ii) the presence of a particular concentration of a drug other 9
than alcohol, 10
in the blood of a person charged with an offence against 11
section 112 (1), as determined by an analysis under this 12
Schedule, unless the court is satisfied that the analysis was not 13
arranged in contravention of clause 24 (8). 14
(9) Definitions 15
In this clause: 16
interstate analyst means a person who analyses a blood, urine or oral 17
fluid sample in another jurisdiction. 18
interstate sample taker means a person who takes a blood, urine or oral 19
fluid sample in another jurisdiction. 20
37 Certificate evidence may specify minimum concentrations (cf STM Act, 21
s 36) 22
(1) This clause applies to a certificate under this Part if: 23
(a) evidence is given by the certificate in proceedings in which 24
evidence is permitted to be given of the results of an analysis 25
undertaken for the purposes of this Act of a sample of a person's 26
blood or urine, and 27
(b) the certificate is to the effect that alcohol or another specified 28
drug was found by the analysis to be present in the sample in a 29
concentration not less than a specified concentration. 30
(2) A certificate to which this clause applies is to be treated as though it 31
stated that the concentration of alcohol or of the other drug concerned 32
was determined by the analysis to be present in the specified minimum 33
concentration. 34
(3) Evidence given by a certificate to which this clause applies is not open 35
to challenge on the basis that the analysis, merely because it purports to 36
determine a concentration in terms of a minimum, does not meet the 37
requirements of this Act. 38
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Testing for alcohol and drug use Schedule 3
Part 6 Miscellaneous 1
38 Police may conduct random breath and oral fluid testing at same time 2
(cf STM Act, s 39A) 3
(1) Nothing in this Act prevents a police officer requiring a person to 4
submit to both breath testing and oral fluid testing. 5
(2) If a police officer requests or signals a driver of a motor vehicle to stop 6
for the purpose of both clause 3 (Power to conduct random breath 7
testing) and clause 6 (Power to conduct random oral fluid testing) and 8
the driver fails to comply with the request or signal, the driver may be 9
convicted of an offence against clause 3 (4) or an offence against 10
clause 6 (3), but not both. 11
39 Use of samples for accident research (cf STM Act, s 73) 12
(1) If a sample of blood is provided in accordance with clause 11: 13
(a) the sample or any part of it, and 14
(b) any sample of saliva voluntarily provided at the same time, 15
may be used in any research program that is related to safety and has 16
been approved by the Minister. 17
(2) The results of research carried out under this clause with respect to the 18
blood or saliva of a person are not admissible as evidence of the 19
presence of any drug in the blood or saliva of the person. 20
(3) A person who carries out research under this clause with respect to 21
blood or saliva must not carry out the research in such a way as 22
identifies the person who provided the blood or saliva. 23
Maximum penalty: 20 penalty units. 24
40 Double jeopardy in relation to alcohol and other drug offences (cf STM 25
Act, s 38) 26
(1) A person is not liable to be convicted of both an offence against 27
section 112 (1) and a related alcohol or drug offence if the offences 28
arose directly or indirectly out of the same circumstances. 29
(2) A person who: 30
(a) is required by a police officer to submit to a breath test by reason 31
of the occurrence of an event referred to in clause 3 (1) (a), (b) or 32
(c) and, as a consequence of that test, to submit to a breath 33
analysis, and 34
(b) submits to the breath analysis in accordance with the directions 35
of a police officer, 36
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cannot be charged with any of the following offences against 1
section 112 (1): 2
(c) the offence of driving a motor vehicle, at the time of that event, 3
while the person was under the influence of intoxicating liquor, 4
(d) the offence of occupying the driving seat of a motor vehicle and 5
attempting to put such motor vehicle in motion, at the time of that 6
event, while the person was under the influence of intoxicating 7
liquor. 8
(3) A person who has had a sample of blood taken in accordance with 9
clause 11 because of an accident is not to be charged with an offence 10
against section 112 (1) if it is alleged as a component of the offence that 11
the person was under the influence of alcohol and the offence relates to 12
the same accident. 13
(4) In this clause: 14
related alcohol or drug offence means an offence against any of the 15
following provisions: 16
(a) section 110, 17
(b) section 111, 18
(c) clause 16, 19
(d) clause 17, 20
(e) clause 18. 21
41 Personal liability for good faith taking of samples (cf STM Act, s 39) 22
(1) An authorised sample taker does not incur any civil or criminal liability 23
in respect of anything properly and necessarily done by the sample taker 24
in the course of taking a sample of blood or urine from a person for the 25
purpose of its being used by an analyst to detect the presence of any 26
drug if the authorised sample taker: 27
(a) believed on reasonable grounds that the authorised sample taker 28
was required under this Schedule to take the sample of blood or 29
urine from the person, or 30
(b) believed on reasonable grounds that the person was involved in 31
an accident (whether in this jurisdiction or elsewhere) and the 32
authorised sample taker did not know, and could not with 33
reasonable diligence have ascertained, whether or not the 34
authorised sample taker was required to take the sample from the 35
person under Division 4 of Part 2, or 36
(c) was informed by a police officer that the person was a person 37
from whom the sample taker was required under this Schedule to 38
take the sample of blood or urine. 39
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(2) Subclause (1) extends to any person acting under the supervision of the 1
sample taker as referred to in clause 42. 2
(3) This clause applies despite section 275. 3
42 Supervisee may perform functions of medical practitioner, nurse or 4
prescribed sample taker (cf STM Act, ss 18E (7), 24, 24B (9) and 27 (6)) 5
(1) Any duty of an authorised sample taker under this Schedule and any 6
relevant provisions of the statutory rules may be performed by a person 7
acting under the supervision of the authorised sample taker. 8
(2) A duty performed by any such person is taken to have been performed 9
by the authorised sample taker. 10
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Schedule 4 Savings, transitional and other provisions
Schedule 4 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Statutory rules 4
(1) The statutory rules may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act or any Act that amends this Act 7
Road Transport Legislation (Repeal and Amendment) Act 2013 8
Road Transport (Statutory Rules) Act 2013 9
(2) If the statutory rules so provide, any such provision may: 10
(a) have effect despite any specified provisions of this Act (including 11
a provision of this Schedule), and 12
(b) take effect from the date of assent to the Act concerned or a later 13
date. 14
(3) To the extent to which any such provision takes effect from a date that 15
is earlier than the date of its publication on the NSW legislation website, 16
the provision does not operate so as: 17
(a) to affect, in a manner prejudicial to any person (other than the 18
State or an authority of the State), the rights of that person on and 19
from the date of its publication, or 20
(b) to impose liabilities on any person (other than the State or an 21
authority of the State) in respect of anything done or omitted to 22
be done before the date of its publication. 23
(4) Statutory rules made for the purposes of this clause may make separate 24
savings and transitional provisions or amend this Schedule to 25
consolidate the savings and transitional provisions. 26
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Part 2 Provisions consequent on enactment of this 1
Act and cognate Acts 2
Division 1 Interpretation 3
2 Definitions 4
(1) In this Part: 5
cognate Act means any of the following: 6
(a) the Road Transport Legislation (Repeal and Amendment) Act 7
2013, 8
(b) the Road Transport (Statutory Rules) Act 2013. 9
continued statutory rule--see clause 8. 10
former registration charges legislation means any of the following: 11
(a) Part 2A of the Road Transport (Vehicle Registration) Act 1997, 12
(b) the regulations made for the purposes of that Part. 13
former road transport Act means each of the following Acts: 14
(a) the Road Transport (Driver Licensing) Act 1998, 15
(b) the Road Transport (General) Act 2005, 16
(c) the Road Transport (Safety and Traffic Management) Act 1999, 17
(d) the Road Transport (Vehicle Registration) Act 1997. 18
Note. See section 4 (4) concerning the construction of references to the Road 19
Transport (General) Act 2005. 20
former road transport legislation means the road transport legislation 21
(within the meaning of the Road Transport (General) Act 2005). 22
modification includes addition, exception, omission or substitution. 23
new road transport legislation means the road transport legislation 24
(within the meaning of this Act), including any statutory rules that are 25
taken to have been made under this Act. 26
pre-amended related provision means a provision of an Act or statutory 27
rule that is amended by a cognate Act as in force immediately before the 28
provision was amended. 29
repeal day means the day on which Schedule 1 (Repeal of certain 30
existing road transport legislation) to the Road Transport Legislation 31
(Repeal and Amendment) Act 2013 commences. 32
(2) For the purposes of this Part: 33
(a) a provision of the new road transport legislation is a 34
corresponding provision in relation to a provision of the former 35
road transport legislation if the provision of the new road 36
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Schedule 4 Savings, transitional and other provisions
transport legislation corresponds (or substantially corresponds) 1
to the provision of the former road transport legislation, and 2
(b) a function conferred or imposed by the new road transport 3
legislation is a corresponding function in relation to a function 4
conferred or imposed by the former road transport legislation if 5
the function conferred or imposed by the new road transport 6
legislation corresponds (or substantially corresponds) to the 7
function conferred or imposed by the former road transport 8
legislation. 9
(3) For the purposes of this Part, a reference to the unexpired balance of its 10
period of duration in relation to a period for a matter or other thing 11
under the former road transport legislation that commenced before the 12
repeal day is a reference to the unexpired or uncompleted part of the 13
original period calculated from the beginning of the repeal day. 14
3 References to former road transport legislation and related matters 15
(1) Unless the context or subject-matter otherwise indicates or requires: 16
(a) a reference in any other provision of this Part to the former road 17
transport legislation is a reference to that legislation as in force 18
immediately before the repeal day, and 19
(b) a reference in any other provision of this Part to an Act or 20
statutory rule (or a provision of an Act or statutory rule) that 21
formed part of the former road transport legislation is a reference 22
to that Act, rule or provision as in force immediately before the 23
repeal day. 24
(2) Unless the context or subject-matter otherwise indicates or requires: 25
(a) a reference (however expressed) in any other provision of this 26
Part to a person, body, instrument, matter or thing having a 27
particular status or effect under, or for the purposes of, any 28
former road transport legislation (or a provision of that 29
legislation) is a reference to that person, body, instrument, matter 30
or thing having that status or effect immediately before the repeal 31
day, and 32
(b) a reference (however expressed) in any other provision of this 33
Part to a right, entitlement, power, authority, duty or obligation 34
under any former road transport legislation (or a provision of that 35
legislation) is a reference to any such right, entitlement, power, 36
authority, duty or obligation in existence immediately before the 37
repeal day. 38
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4 Continued matters or things may be dealt with under new road transport 1
legislation accordingly 2
(1) This clause applies to any matter or thing (a continued matter or thing) 3
that is: 4
(a) approved, maintained, issued or made under the former road 5
transport legislation, and 6
(b) continued in force or effect, or taken to be a matter or thing, by a 7
provision of this Part for the purposes of the new road transport 8
legislation (or a specified provision of that legislation). 9
(2) A continued matter or thing may be amended, repealed, revoked, 10
replaced, reissued, renewed, suspended, cancelled or otherwise dealt 11
with under the new road transport legislation as if it had been approved, 12
maintained, issued or made under the new road transport legislation. 13
(3) A continued matter or thing that was subject to any conditions imposed 14
by or under the former road transport legislation is subject to the same 15
conditions under the new road transport legislation. 16
(4) A continued matter or thing that would have been in force or had effect 17
under the former road transport legislation for a specified period ceases 18
to be in force or have effect under the new road transport legislation at 19
the same time as it would have ceased to be in force or have effect under 20
the former road transport legislation. 21
(5) This clause has effect unless the context or subject-matter otherwise 22
indicates or requires. 23
5 Certain savings and transitional provisions take effect on and from 24
repeal day 25
(1) A provision of this Part that provides that a specified person, body, 26
instrument, matter, thing, right, entitlement, power, authority, duty or 27
obligation is taken to have a specified effect or status for the purposes 28
of the new road transport legislation (or an Act or instrument forming 29
part of, or a provision of that, legislation) operates to confer that effect 30
or status on and from the repeal day. 31
(2) This clause has effect unless the context or subject-matter otherwise 32
indicates or requires. 33
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Division 2 Continuing operation of former road transport 1
legislation and pre-amended related provisions 2
6 Former road transport legislation and other related matters continue to 3
apply in certain circumstances 4
(1) The former road transport legislation, any declarations or orders made 5
under that legislation and any pre-amended related provisions continue 6
to apply with respect to the following matters as if this Act and each 7
cognate Act had not been enacted: 8
(a) an offence or alleged offence against the former road transport 9
legislation or any pre-amended related provision, 10
(b) any proceedings for any such offence, 11
(c) any penalty notice, fine enforcement order, penalty notice 12
enforcement order or court enforcement order that is in force in 13
respect of an offence against the former road transport legislation 14
or pre-amended related provision, 15
(d) any appeal that is pending in a court (or any entitlement to appeal 16
to a court that has not been exercised) in respect of a matter 17
arising under the former road transport legislation, 18
(e) any breath test, breath analysis, oral fluid test or oral fluid 19
analysis conducted under the former road transport legislation, 20
(f) any breath, blood, urine or oral fluid sample taken under the 21
former road transport legislation, 22
(g) any vehicle taken charge of or removed by a police officer under 23
section 31 or 75 of the Road Transport (Safety and Traffic 24
Management) Act 1999 that has not been returned before the 25
repeal day, 26
(h) an unattended motor vehicle or trailer removed under section 76 27
of the Road Transport (Safety and Traffic Management) Act 28
1999, 29
(i) any compensation order made under Division 1 of Part 5.5 of the 30
Road Transport (General) Act 2005 made before the repeal day, 31
(j) any breaches of, or other non-compliance with, the provisions of 32
Chapter 3 of the Road Transport (General) Act 2005 occurring 33
before the repeal day, 34
(k) any direction or notice given under a provision of the former road 35
transport legislation requiring a matter or thing to be done 36
(whether before, on or after the repeal day), 37
(l) any other matter or thing arising under or in connection with the 38
former road transport legislation that is prescribed by the 39
statutory rules. 40
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(2) This clause is subject to any contrary provision in this Schedule. 1
Division 3 Application of road transport legislation 2
7 Orders under sections 15 and 16 of Road Transport (General) Act 2005 3
(1) Any order in force under section 15 of the Road Transport (General) 4
Act 2005 is taken to be an order in force under section 18 of this Act. 5
(2) Any order in force under section 16 of the Road Transport (General) 6
Act 2005 is taken to be an order in force under section 19 of this Act. 7
(3) Any order that is continued in force by operation of this clause has effect 8
subject to the following: 9
(a) in the case of an order that had effect in relation to all of the 10
former road transport legislation--the order has effect under this 11
Act in relation to the whole of the new road transport legislation, 12
(b) in the case of an order that had effect in relation to specified 13
provisions of the former road transport legislation--the order has 14
effect under this Act in relation to the corresponding provisions 15
(if any) of the new road transport legislation. 16
(4) Any database that is a database of declarations and orders for the 17
purposes of section 18 of the Road Transport (General) Act 2005 is 18
taken to be a database of declarations and orders for the purposes of 19
section 22 of this Act. 20
Division 4 Statutory rules 21
8 Certain existing statutory rules taken to be made under this Act 22
(1) For the purposes of this Part, each of the following statutory rules is a 23
continued statutory rule: 24
(a) the Road Rules 2008, 25
(b) the Road Transport (Driver Licensing) Regulation 2008, 26
(c) the Road Transport (Vehicle Registration) Regulation 2007. 27
(2) Each continued statutory rule is taken to be a regulation or rules (as the 28
case requires) made by the Governor under this Act. 29
(3) Any statutory rule made under a former road transport Act (other than 30
the Road Transport (General) Act 2005) before the repeal day (a 31
continued amending statutory rule) that amends a continued statutory 32
rule with effect on or after that day is taken to have been made by the 33
Governor under this Act, and operates to amend the continued statutory 34
rule accordingly. 35
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(4) Subject to the statutory rules, any reference to a repealed provision of 1
the former road transport legislation that is inserted in a continued 2
statutory rule by a continued amending statutory rule is taken to be a 3
reference to the corresponding provision (if any) of the new road 4
transport legislation. 5
9 Road Transport (General) Regulation 2013 6
(1) Schedule 3 to the Road Transport (Statutory Rules) Act 2013 is taken to 7
be and has effect as a regulation made by the Governor under this Act. 8
(2) Part 2 of the Subordinate Legislation Act 1989 does not apply to the 9
regulation set out in Schedule 3 to the Road Transport (Statutory Rules) 10
Act 2013 (but applies to any amendment or repeal of the regulation). 11
(3) For the purposes of section 10 of the Subordinate Legislation Act 1989, 12
the regulation set out in Schedule 3 to the Road Transport (Statutory 13
Rules) Act 2013 is taken to have been published on the repeal day. 14
(4) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the 15
regulation set out in Schedule 3 to the Road Transport (Statutory Rules) 16
Act 2013 (but apply to any amendment or repeal of the regulation). 17
Note. The continued effect of the regulation set out in Schedule 3 to the Road 18
Transport (Statutory Rules) Act 2013 is unaffected by the repeal of that 19
Schedule. See section 30 of the Interpretation Act 1987. 20
Division 5 Driver licensing 21
10 Existing fees 22
Any fee in force under section 10 of the Road Transport (Driver 23
Licensing) Act 1998 is taken to be a fee fixed under section 271 of this 24
Act. 25
11 Mutual recognition duties 26
Any duty of the Authority to take action under section 11 of the Road 27
Transport (Driver Licensing) Act 1998 is taken to be a duty to take the 28
same action under section 29 of this Act. 29
12 Existing driver licences 30
(1) For the purposes of this clause, an existing driver licence means: 31
(a) a driver licence in force under the Road Transport (Driver 32
Licensing) Act 1998 and the regulations under that Act, and 33
(b) a driver licence that has been suspended (but not cancelled) under 34
that Act and those regulations. 35
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(2) An existing driver licence has effect for the unexpired balance of its 1
period of duration as if it had been issued under the corresponding 2
provisions of this Act and the statutory rules, and may be renewed, 3
varied, cancelled or suspended in all respects as though it were a driver 4
licence issued under this Act and the statutory rules. 5
(3) Subject to this Part and the statutory rules, an existing driver licence 6
continues in effect as a driver licence under this Act of the same class 7
as it was (and subject to the same conditions to which it was subject) 8
under the Road Transport (Driver Licensing) Act 1998 and the 9
regulations under that Act. 10
13 Existing disqualifications, suspensions and good behaviour 11
undertakings 12
(1) Any notice of licence suspension or notice of licence ineligibility that: 13
(a) is in force under Division 2 of Part 2 of the Road Transport 14
(Driver Licensing) Act 1998, and 15
(b) specified a date for the suspension or ineligibility to take effect 16
that is on or after the repeal day, 17
is taken to be a notice in force under the corresponding provisions of 18
Part 3.2 of this Act. 19
(2) Any election to be of good behaviour as alternative to licence 20
suspension or licence ineligibility that has effect under Division 2 of 21
Part 2 of the Road Transport (Driver Licensing) Act 1998 is taken to 22
have effect as an election under the corresponding provisions of Part 3.2 23
of this Act. 24
(3) Any period of driver licence suspension, period of licence ineligibility 25
or period of good behaviour that has effect in relation to a person under 26
Division 2 of Part 2 of the Road Transport (Driver Licensing) Act 1998 27
is taken to be a period of licence suspension, period of licence 28
ineligibility or period of good behaviour that applies to the person under 29
the corresponding provisions of Part 3.2 of this Act for the unexpired 30
balance of its period of duration. 31
14 Existing demerit points 32
(1) Without limiting clause 33, a person who incurred, or against whom 33
demerit points are recorded, under the Road Transport (Driver 34
Licensing) Act 1998 is taken to have incurred those demerit points under 35
this Act. 36
(2) Accordingly, any such demerit points may be taken into account for the 37
purposes of the provisions of Part 3.2 of this Act. 38
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Schedule 4 Savings, transitional and other provisions
(3) Any notice in force under section 15 of the Road Transport (Driver 1
Licensing) Act 1998 is taken to be a notice in force under section 32 of 2
this Act. 3
15 Interlock devices 4
(1) Any interlock device that is an approved interlock device for the 5
purposes of section 21A of the Road Transport (Driver Licensing) Act 6
1998 is taken to be an approved interlock device for the purposes of 7
section 45 of this Act. 8
(2) Any person who is an approved interlock installer for the purposes of 9
section 21B of the Road Transport (Driver Licensing) Act 1998 is taken 10
to be a person who has been approved as an approved interlock installer 11
for the purposes of section 46 of this Act. 12
(3) Any person who is an approved interlock service provider for the 13
purposes of section 21B of the Road Transport (Driver Licensing) Act 14
1998 is taken to be a person who has been approved as an approved 15
interlock service provider for the purposes of section 46 of this Act. 16
(4) Any scheme in effect under section 21D of the Road Transport (Driver 17
Licensing) Act 1998 is taken to be a scheme in effect under section 48 18
of this Act. 19
16 Cancellation or suspension of driver licences for speeding offences and 20
other matters 21
(1) Section 59 of this Act extends to speeding offences (within the meaning 22
of section 33 of the Road Transport (Driver Licensing) Act 1998) 23
committed before the repeal day. 24
(2) Any other period of licence suspension that has effect in relation to a 25
person under section 33 of the Road Transport (Driver Licensing) Act 26
1998 or the regulations under that Act is taken to be a period of licence 27
suspension that applies to the person under the corresponding 28
provisions of this Act and the statutory rules for the unexpired balance 29
of its period of duration. 30
Division 6 Vehicle registration 31
17 Existing registered vehicles 32
(1) Any vehicle that is registered in this jurisdiction for the purposes of the 33
Road Transport (Vehicle Registration) Act 1997 is taken to be 34
registered in this jurisdiction for the purposes of this Act. 35
(2) The period of registration under this Act for any such vehicle is taken to 36
be the unexpired balance of the duration of the registration period for 37
the vehicle under the Road Transport (Vehicle Registration) Act 1997. 38
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18 Existing labels and plates and special number-plate arrangements 1
(1) Any label or plate that has effect for the purposes of any provisions of 2
the Road Transport (Vehicle Registration) Act 1997 or the regulations 3
made under that Act is taken to have effect as a label or plate for the 4
purposes of any corresponding provisions of this Act and the statutory 5
rules. 6
(2) If any such label or plate has effect for the purposes of any provision of 7
the Road Transport (Vehicle Registration) Act 1997 or the regulations 8
made under that Act for a period, the period during which the label or 9
plate is taken to have effect under this Act is the unexpired balance of 10
the period of its duration. 11
(3) Any special number-plate arrangements under section 8A of the Road 12
Transport (Vehicle Registration) Act 1997 are taken to be special 13
number-plate arrangements under section 66 of this Act. 14
19 Existing unregistered vehicle permits 15
Any permit that is an unregistered vehicle permit for the purposes of the 16
Road Transport (Vehicle Registration) Act 1997 is taken to be an 17
unregistered vehicle permit for the purposes of this Act for the 18
unexpired balance of the period of its duration. 19
20 References to registration under Road Transport (Vehicle Registration) 20
Act 1997 21
(1) Any reference (however expressed) in any other Act or instrument made 22
under any Act or any other instrument of any kind to the registration of 23
a vehicle under the Road Transport (Vehicle Registration) Act 1997 (or 24
the regulations made under that Act) is taken to be a reference to the 25
registration of a vehicle under this Act. 26
(2) This clause does not apply to the Motor Vehicles (Third Party 27
Insurance) Act 1942 or other provisions of any other Act or statutory 28
rule prescribed by the statutory rules. 29
21 Seizures under section 27 of Road Transport (Vehicle Registration) Act 30
1997 31
Section 27 of the Road Transport (Vehicle Registration) Act 1997 32
continues to apply to any vehicle seized under that section before its 33
repeal as if that section had not been repealed. 34
22 Existing directions and defect notices continue to have effect 35
A person to whom a direction or defect notice has been given under 36
section 22B or 26 of the Road Transport (Vehicle Registration) Act 37
1997 remains under a duty to comply with that direction or notice 38
despite the repeal of that section. 39
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23 Written-off vehicles 1
(1) Any vehicle that was a statutory written-off vehicle for the purposes of 2
Part 2AA of the Road Transport (Vehicle Registration) Act 1997 3
continues to be a statutory written-off vehicle for the purposes of 4
Part 4.5 of this Act. 5
(2) Any vehicle that was a former written-off vehicle for the purposes of 6
Part 2AA of the Road Transport (Vehicle Registration) Act 1997 7
continues to be a former written-off vehicle for the purposes of Part 4.5 8
of this Act. 9
(3) The provisions of clause 24 of Schedule 3 to the Road Transport 10
(Vehicle Registration) Act 1997 continue to apply in relation to the 11
requirements under Part 4.5 of this Act that correspond to the 12
requirements under the Road Transport (Vehicle Registration) Act 13
1997. 14
(4) A vehicle that is recorded on the NSW written-off vehicles register 15
under Part 4.5 of this Act as a former written-off vehicle may also be 16
referred to as a repairable written-off vehicle. 17
Division 7 Fees, taxes and charges 18
24 Existing unpaid fees and charges 19
(1) Any fees or charges owing to the Authority under the former road 20
transport Acts are taken to be owing to the Authority under this Act. 21
(2) Subclause (1) does not apply to registration charges or administrative 22
fees payable under the former registration charges legislation. 23
25 Heavy vehicle registration charges and administrative fees 24
(1) Any applicable registration charges or administration fees under the 25
former registration charges legislation that were paid in respect of a 26
registration or renewal of registration of a vehicle before the repeal day 27
for a registration period ending after that day are taken to be registration 28
charges or administrative fees paid under Schedule 2 for the vehicle for 29
the unexpired balance of the duration of the registration period. 30
(2) Any registration charges or administrative fees payable under the 31
former registration charges legislation in respect of the registration or 32
renewal of registration of a vehicle continue to be payable in accordance 33
with that legislation despite the repeal of that legislation. 34
(3) Any registration charges or administrative fees referred to in 35
subclause (2) that are paid on or after the repeal for a registration period 36
ending after that day are taken to be registration charges or 37
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administrative fees paid under Schedule 2 for the vehicle for the 1
unexpired balance of the duration of the registration period. 2
(4) Any exemption, approval, direction, request, certificate or other matter 3
or thing made, given or done under the former registration charges 4
legislation in respect of a vehicle to which subclause (1) or (2) applies 5
continues in force in relation to the vehicle, but may be revoked or 6
varied in accordance with this Act. 7
(5) Any registration charges or administrative fees payable under the 8
former registration charges legislation that are paid on or after the repeal 9
day are to be paid into the Consolidated Fund. However, clause 20 of 10
Schedule 2 extends to any such charges or fees as if they were charges 11
or fees paid under Schedule 2. 12
(6) Nothing in this clause affects: 13
(a) any right to a refund arising under the former registration charges 14
legislation (whether before or after the repeal day), or 15
(b) the continued operation of section 17S of the Road Transport 16
(Vehicle Registration) Act 1997 in respect of charges or fees paid 17
under Part 2A of that Act before the repeal day. 18
26 Motor vehicle taxes 19
(1) Any motor vehicle tax paid in respect of a registration or renewal of 20
registration of a vehicle before the repeal day for a registration period 21
ending after that day is taken to be a motor vehicle tax paid for the 22
unexpired balance of the duration of the registration period. 23
(2) Any motor vehicle tax payable in respect of the registration or renewal 24
of registration of a vehicle continues to be payable in accordance with 25
the Motor Vehicles Taxation Act 1988. 26
(3) In this clause: 27
motor vehicle tax means any tax imposed under the Motor Vehicles 28
Taxation Act 1988. 29
Division 8 Safety and traffic management 30
27 Existing approved devices and instruments 31
(1) Existing approved traffic enforcement devices 32
Any device that was an approved device under the Road Transport 33
(Safety and Traffic Management) Act 1999 (or any provisions of that 34
Act) of a kind referred to in Column 1 of the Table to this subclause (an 35
existing approved traffic enforcement device) is taken to be an 36
approved traffic enforcement device under this Act approved for the use 37
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referred to in Column 2 opposite the kind of device specified in 1
Column 1. 2
Table 3
Column 1 Column 2
Existing approved traffic Corresponding approved use
enforcement device
approved average speed detection average speed detection
device
approved camera detection device red traffic light detection
approved camera recording device excess speed imaging
approved digital camera recording excess speed imaging
device
approved speed measuring device speed measurement
approved traffic lane camera device traffic lane use detection
(2) An existing approved traffic enforcement device that has been approved 4
for use as an approved device for the purposes of 2 or more device 5
approval provisions (within the meaning of section 57C of the Road 6
Transport (Safety and Traffic Management) Act 1999) is taken to be 7
approved as an approved traffic enforcement device under this Act for 8
each of those uses. 9
(3) Existing alcohol or drug testing instruments 10
Any device or instrument that was an approved device or instrument for 11
the purposes of the Road Transport (Safety and Traffic Management) 12
Act 1999 (or any provisions of that Act) of a kind referred to in 13
Column 1 of the Table to this subclause is taken to be an approved 14
device or instrument for the purposes of this Act (or the corresponding 15
provisions of this Act) of the kind referred to in Column 2 opposite the 16
kind of device or instrument specified in Column 1. 17
Table 18
Column 1 Column 2
Existing device or instrument Corresponding device or
instrument
approved oral fluid analysing approved oral fluid analysing
instrument instrument
approved oral fluid testing device approved oral fluid testing device
breath analysing instrument breath analysing instrument
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Column 1 Column 2
Existing device or instrument Corresponding device or
instrument
a device approved for the carrying a device approved for the carrying
out of breath tests out of breath tests
(4) Authorised persons 1
A police officer or other person who is authorised under a provision of 2
the former road transport legislation to operate, or install and inspect, a 3
device or instrument referred to in Column 1 of the Tables to 4
subclause (1) or (3) is taken to have been authorised under the 5
corresponding provision of the new road transport legislation to operate, 6
or install and inspect, as the case may be, the corresponding device or 7
instrument under this Act. 8
(5) Without limiting subclause (4), a police officer who is authorised to 9
carry out breath tests or oral fluid tests under the Road Transport (Safety 10
and Traffic Management) Act 1999 is taken to be authorised to carry out 11
breath tests or oral fluid tests under Schedule 3 to this Act. 12
28 Approvals granted by Commissioner of Police 13
Any approval in force under section 40 of the Road Transport (Safety 14
and Traffic Management) Act 1999 is taken to be an approval in force 15
under section 115 of this Act. 16
29 Surrender and forfeiture of prohibited speed measuring articles 17
(1) A notice served under a provision of section 49 of the Road Transport 18
(Safety and Traffic Management) Act 1999 that requires a thing to be 19
done at or by time occurring on or after the repeal day is taken to be a 20
notice served under the corresponding provision of section 120 of this 21
Act. 22
(2) An officer of the Authority who is authorised for the purposes of 23
section 49 of the Road Transport (Safety and Traffic Management) Act 24
1999 is taken to be an officer authorised for the purposes of section 120 25
of this Act. 26
30 Persons authorised to deal with prescribed traffic control devices 27
(1) A person who is authorised under section 51 (b) of the Road Transport 28
(Safety and Traffic Management) Act 1999 to install or display (or to 29
interfere with, alter or remove) a prescribed traffic control device under 30
that Act is taken to be authorised to do the same under section 122 (b) 31
of this Act. 32
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Schedule 4 Savings, transitional and other provisions
(2) A person who is authorised under section 53 (1) of the Road Transport 1
(Safety and Traffic Management) Act 1999 to give directions under that 2
section is taken to be authorised to give directions under section 124 of 3
this Act. 4
31 Monitoring of heavy vehicles and vehicles carrying dangerous goods 5
Any person, body, matter or thing approved (other than by the 6
regulations) for the purposes of a provision of Division 2 of Part 5 of the 7
Road Transport (Safety and Traffic Management) Act 1999 is taken to 8
be approved for the purposes of the corresponding provision of Part 6.1 9
of this Act. 10
Note. See also clause 40 regarding the continuing requirement to keep vehicle 11
movement records created under Division 2 of Part 5 of the Road Transport 12
(Safety and Traffic Management) Act 1999. 13
32 Use of samples for accident research 14
Any research program approved for the purposes of section 73 of the 15
Road Transport (Safety and Traffic Management) Act 1999 is taken to 16
be a research program approved for the purposes of clause 39 of 17
Schedule 3 to this Act. 18
Division 9 Existing registers 19
33 Continuation of existing registers 20
(1) Each register under the former road transport legislation (an existing 21
register) referred to in Column 1 of the Table to this subclause is taken 22
to be the register for the purposes of this Act (corresponding register) 23
referred to in Column 2 opposite the existing register specified in 24
Column 1. 25
Table 26
Column 1 Column 2
Existing register Corresponding register
driver licence register referred to in NSW driver licence register
section 8 (b) of the Road Transport
(Driver Licensing) Act 1998
demerit points register under the NSW demerit points register
Road Transport (Driver Licensing)
Act 1998
Register of Registrable Vehicles NSW registrable vehicles register
under the Road Transport (Vehicle
Registration) Act 1997
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Column 1 Column 2
Existing register Corresponding register
register of written-off vehicles under NSW written-off vehicles register
Part 2AA of the Road Transport
(Vehicle Registration) Act 1997
(2) An existing register that becomes a corresponding register by operation 1
of this clause may continue to include information that was recorded for 2
the purposes of the former road transport Act for which the register was 3
maintained. 4
(3) Without limiting any other provision of this Act, the Authority may 5
update or correct information recorded in an existing register that 6
becomes a corresponding register to reflect changes resulting from the 7
enactment of this Act and any repeals or amendments made by a 8
cognate Act. 9
Division 10 Compliance and enforcement 10
34 Authorised officers 11
(1) Any instrument in force under section 121 of the Road Transport 12
(General) Act 2005 (an existing appointment instrument) that appoints 13
a person as an authorised officer, or a class of persons as authorised 14
officers, for the purposes of that Act is taken to be an instrument made 15
under section 166 of this Act appointing the same person or class of 16
persons as authorised officers under this Act. 17
(2) Any instrument in force under section 122 of the Road Transport 18
(General) Act 2005 that restricts or otherwise limits the exercise of 19
powers by an authorised officer, or a class of authorised officers, in 20
relation to the former road transport legislation is taken to be an 21
instrument made under section 167 of this Act imposing the same kinds 22
of restrictions or limitations in relation to the corresponding provisions 23
of the new road transport legislation. 24
(3) Any identification card issued to an authorised officer under section 124 25
of the Road Transport (General) Act 2005 whose appointment as such 26
is continued in effect by this clause is taken to be an identification card 27
issued by the Authority for the purposes of section 168 of this Act. 28
(4) Any agreement in force under section 127 of the Road Transport 29
(General) Act 2005 is taken to be an agreement entered into by the 30
Minister under section 171 of this Act. 31
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Schedule 4 Savings, transitional and other provisions
35 Exercise of identity powers extends to certain matters arising before 1
repeal day 2
Any power conferred on an authorised officer by Part 7.2 (Identity 3
powers) of this Act is taken to extend to: 4
(a) in relation to a power exercisable in relation to a matter arising 5
under or in connection with the new road transport legislation (or 6
a specified provision of that legislation)--a matter arising under 7
or in connection with the former road transport legislation (or a 8
provision of that legislation to which the specified provision 9
corresponds), and 10
(b) in relation to a power exercisable in relation to a matter arising 11
under or in connection with an applicable road law, Australian 12
applicable road law or approved road transport compliance 13
scheme within the meaning of this Act (or a specified provision 14
of such a law or scheme)--a matter arising under or in connection 15
with an applicable road law, Australian applicable road law or 16
approved road transport compliance scheme within the meaning 17
of the Road Transport (General) Act 2005 (or a provision of such 18
a law or scheme to which the specified provision corresponds). 19
36 Continuation of licence sanctions under former road transport 20
legislation 21
(1) This clause applies in relation to the following: 22
(a) any licence disqualification (a continuing licence 23
disqualification) that is: 24
(i) imposed before the repeal day by or under Division 1 of 25
Part 5.4 of the Road Transport (General) Act 2005, or 26
(ii) imposed on or after the repeal day by or under Division 1 27
of Part 5.4 of the Road Transport (General) Act 2005 (as 28
continued in force by operation of clause 6) in relation to 29
an offence committed against the former road transport 30
legislation, 31
(b) any disqualification suspension order (a continuing 32
disqualification suspension order) that is: 33
(i) made before the repeal day under Division 2 of Part 5.4 of 34
the Road Transport (General) Act 2005, or 35
(ii) made on or after the repeal day under Division 2 of Part 5.4 36
of the Road Transport (General) Act 2005 (as continued in 37
force by operation of clause 6) in relation to an offence 38
committed against the former road transport legislation, 39
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Savings, transitional and other provisions Schedule 4
(c) any declaration (a continuing habitual traffic offender 1
declaration) that: 2
(i) comes into force in relation to a person before the repeal 3
day by operation of section 199 of the Road Transport 4
(General) Act 2005, or 5
(ii) comes into force in relation to a person on or after the 6
repeal day under section 199 of the Road Transport 7
(General) Act 2005 (as continued in force by operation of 8
clause 6) in relation to an offence committed against the 9
former road transport legislation, 10
(d) any suspension from holding a driver licence (a continuing 11
licence suspension) that is: 12
(i) imposed before the repeal day by or under Division 4 of 13
Part 5.4 of the Road Transport (General) Act 2005, or 14
(ii) imposed on or after the repeal day by or under Division 4 15
of Part 5.4 of the Road Transport (General) Act 2005 (as 16
continued in force by operation of clause 6) in relation to 17
an offence committed against the former road transport 18
legislation. 19
(2) A continuing licence disqualification continues to have effect as a 20
disqualification from holding a driver licence for the purposes of 21
Division 1 of Part 7.4 of this Act until such time as the period of 22
disqualification ends or the disqualification is annulled, quashed or set 23
aside (whichever is the sooner). 24
(3) A continuing disqualification suspension order continues to have effect 25
as a disqualification suspension order for the purposes of Division 2 of 26
Part 7.4 of this Act until the order ceases to have effect under that 27
Division or the order is annulled, quashed or set aside (whichever is the 28
sooner). 29
(4) A continuing habitual traffic offender declaration continues to have 30
effect as a declaration that a person is an habitual traffic offender for the 31
purposes of Division 3 of Part 7.4 of this Act until such time as the 32
period of declaration ends or the declaration is annulled, quashed or set 33
aside (whichever is the sooner). 34
(5) A continuing licence suspension continues to have effect as a 35
suspension of a driver licence for the purposes of the provisions of 36
Division 4 of Part 7.4 of this Act that correspond to the provisions of the 37
Road Transport (General) Act 2005 under which the suspension was 38
made until such time as the suspension ceases to have effect or the 39
suspension is annulled, quashed or set aside (whichever is the sooner). 40
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Schedule 4 Savings, transitional and other provisions
37 Downgrading of driver licences 1
Section 226 of this Act extends to a driver licence that is cancelled as a 2
special measure (within the meaning of section 207 of the Road 3
Transport (General) Act 2005) before the repeal day or under the 4
former road transport legislation (as continued in force by operation of 5
clause 6) on or after that day. 6
38 Continuation of certain vehicle sanctions 7
(1) Part 7.6 (Sanctions concerning vehicles) of this Act extends to: 8
(a) a sanctionable offence within the meaning of the Road Transport 9
(General) Act 2005 committed, or alleged to have been 10
committed, before the repeal day in respect of which a sanction 11
could have been (but had not yet been) imposed under Division 2 12
of Part 5.5 of that Act as if it were a sanctionable offence within 13
the meaning of Part 7.6 of this Act, and 14
(b) a motor vehicle production notice issued under Division 2 of 15
Part 5.5 of the Road Transport (General) Act 2005 before the 16
repeal day that specifies a motor vehicle production date 17
occurring on or after the repeal day as if the notice had been 18
issued under the corresponding provisions of Part 7.6 of this Act, 19
and 20
(c) a number plate production notice issued under Division 2 of 21
Part 5.5 of the Road Transport (General) Act 2005 before the 22
repeal day that specifies a number plate production date 23
occurring on or after the repeal day as if the notice had been 24
issued under the corresponding provisions of Part 7.6 of this Act, 25
and 26
(d) a number plate confiscation notice issued under Division 2 of 27
Part 5.5 of the Road Transport (General) Act 2005 before the 28
repeal day that specifies a number plate production date 29
occurring on or after the repeal day as if the notice had been 30
issued under the corresponding provisions of Part 7.6 of this Act. 31
(2) A number plate confiscation period in force with respect to a vehicle 32
under Division 2 of Part 5.5 of the Road Transport (General) Act 2005 33
continues in effect until its expiry as if it were a number-plate 34
confiscation period imposed under the corresponding provisions of 35
Part 7.6 of this Act. 36
(3) Any motor vehicle impounded, or number-plates confiscated, under 37
Division 2 of Part 5.5 of the Road Transport (General) Act 2005 may 38
continue to be impounded or confiscated (and otherwise dealt with) as 39
if it had been impounded or confiscated under the corresponding 40
provisions of this Part 7.6 of this Act. 41
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Savings, transitional and other provisions Schedule 4
(4) Any motor vehicle that was forfeited under Division 2 of Part 5.5 of the 1
Road Transport (General) Act 2005 may be disposed of or otherwise 2
dealt with as if it had been forfeited under the corresponding provisions 3
of Part 7.6 of this Act. 4
39 Video and photographic devices approved by Commissioner of Police 5
for certain camera recorded offences 6
Any photographic or video equipment approved by the Commissioner 7
of Police for the purposes of paragraph (d) of the definition of camera 8
recorded offence in section 179 (12) of the Road Transport (General) 9
Act 2005 is taken to be equipment that has been approved for the 10
purposes of paragraph (e) of the definition of camera recorded offence 11
in section 183 (1) of this Act. 12
Division 11 Miscellaneous 13
40 Requirement concerning keeping and production of records or other 14
documents under former road transport legislation 15
(1) Any requirement under a provision of the former road transport 16
legislation for a person (other than the Authority) to keep a record or 17
other document for a period (the original period) that has not expired 18
before the repeal day is taken to continue as a requirement to keep the 19
record or other document under the corresponding provision of the new 20
road transport legislation for the unexpired balance of the duration of 21
the original period. 22
(2) Any power conferred on a person by a provision of the new road 23
transport legislation to require the production of a record or other 24
document (or a copy of such a record or document) extends to a record 25
or other document created before the repeal day that could have been 26
required to be produced under a former corresponding provision if that 27
provision had continued in force. 28
41 Certain authorities and delegations taken to be delegations under this 29
Act 30
Any person who is: 31
(a) authorised by or under any former road transport legislation to 32
carry out any function of the Authority under that legislation, or 33
(b) a delegate of the Authority in respect of the exercise of any such 34
function, 35
is taken to be a delegate of the Authority under section 273 of this Act 36
in respect of any corresponding function under this Act or the statutory 37
rules. 38
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Schedule 4 Savings, transitional and other provisions
42 Appointments, approvals and authorisations of persons under former 1
road transport legislation 2
Subject to this Part, any person (or person belonging to a class of 3
persons) who is appointed, approved or otherwise authorised for the 4
purposes of a provision of the former road transport legislation 5
(including a definition) in relation to the exercise of specified functions 6
is taken to be similarly appointed, approved or authorised for the 7
purposes of the corresponding provision (if any) of this Act. 8
43 Updating of references to former road transport legislation 9
(1) In any other Act or in any instrument made under another Act (and 10
except as provided by subclauses (2), (3) and (4)): 11
(a) subject to paragraph (b), a reference to a former road transport 12
Act is to be read as a reference to this Act, and 13
(b) a reference to a provision of a former road transport Act is to be 14
read as a reference to the corresponding provision (if any) of this 15
Act. 16
(2) A reference in any other Act or in any instrument made under another 17
Act to a provision of the Road Transport (General) Act 2005 that has 18
not been repealed by a cognate Act is to be read as a reference to that 19
provision in the Road Transport (Vehicle and Driver Management) Act 20
2005. 21
(3) A reference in any other Act or in any instrument made under another 22
Act to a provision of the Road Transport (General) Regulation 2005 23
that has not been repealed by a cognate Act is to be read as a reference 24
to that provision in the Road Transport (Vehicle and Driver 25
Management) Regulation 2005. 26
(4) A reference in any Act or in any other instrument to: 27
(a) a provision of the Road Transport (General) Regulation 2005 28
that has been remade in the Road Transport (General) Regulation 29
2013, or 30
(b) a provision of the Road Transport (Safety and Traffic 31
Management) Regulation 1999, 32
is to be read as a reference to the corresponding provision of the Road 33
Transport (General) Regulation 2013. 34
(5) Subclauses (1)-(4) do not apply to the following: 35
(a) a reference in a cognate Act, 36
(b) a reference in the Road Transport (Vehicle and Driver 37
Management) Act 2005 or Road Transport (Vehicle and Driver 38
Management) Regulation 2005, 39
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(c) a reference in the Road Transport (General) Regulation 2013, 1
(d) a reference in a provision of another Act or statutory rule made 2
under another Act (as amended, substituted or inserted by a 3
cognate Act), 4
(e) such references to a former road transport Act (or a provision of 5
a former road transport Act) in another Act or a statutory rule 6
made under another Act as may be prescribed by the statutory 7
rules under this Act for the subclause of this clause concerned. 8
44 Statutory rules may update certain legislative provisions enacted or 9
made before repeal day 10
(1) Any other Act, or a statutory rule made under any other Act, contains an 11
outdated new legislative provision for the purposes of this clause if: 12
(a) the provision concerned contains a reference (an outdated 13
reference) to any Act or statutory rule that formed part of the road 14
transport legislation (or to any provision of such an Act or 15
statutory rule) that will or has become out of date or otherwise 16
incorrect because of the repeal or renaming of any of the former 17
road transport legislation or the enactment of this Act and the 18
cognate Acts, and 19
(b) the provision was enacted or made (or the outdated reference in 20
the provision was inserted by an Act or statutory rule that was 21
enacted or made) on or after the day on which the Bill for this Act 22
was first introduced into Parliament, but before the repeal day. 23
(2) The statutory rules may amend any other Act, or a statutory rule made 24
under any other Act, that contains an outdated new legislative provision 25
to replace the outdated reference in the provision with a reference to the 26
corresponding Act or statutory rule (or the corresponding provision or 27
provisions of an Act or statutory rule) that form part of the new road 28
transport legislation. 29
45 Use of existing document for transitional periods 30
(1) The statutory rules may make provision for or with respect to the use of 31
existing documents for the purposes of the new road transport 32
legislation for transitional periods. 33
(2) A document is an existing document for the purposes of subclause (1) 34
if it is a document prepared before the repeal day for use in connection 35
with the administration or enforcement of the former road transport 36
legislation. 37
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46 General savings provision 1
Subject to this Part and the statutory rules, anything done under or for 2
the purposes of a provision of the former road transport legislation is, to 3
the extent that the thing has effect immediately before the repeal of the 4
provision, taken to have been done under or for the purposes of the 5
corresponding provision (if any) of the new road transport legislation. 6
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