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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation (Repeal
and Amendment) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Repeal of certain existing road transport legislation 3
Schedule 2 Renaming and other amendment of Road Transport
(General) Act 2005 No 11 4
Schedule 3 Amendments replacing general references to existing
or former road transport Acts with "Road Transport
Act 2013" 10
Schedule 4 Other consequential amendments of Acts and
statutory rules 12
b2008-141-94.d11
New South Wales
Road Transport Legislation (Repeal
and Amendment) Bill 2013
No , 2013
A Bill for
An Act to repeal and amend certain legislation consequent on the enactment of the
Road Transport Act 2013.
Clause 1 Road Transport Legislation (Repeal and Amendment) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport Legislation (Repeal and Amendment) 3
Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Road Transport Legislation (Repeal and Amendment) Bill 2013
Repeal of certain existing road transport legislation Schedule 1
Schedule 1 Repeal of certain existing road transport 1
legislation 2
Each of the following is repealed: 3
(a) the Road Transport (Driver Licensing) Act 1998 No 99, 4
(b) the Road Transport (Safety and Traffic Management) Act 1999 No 20, 5
(c) the Road Transport (Safety and Traffic Management) Regulation 1999, 6
(d) the Road Transport (Vehicle Registration) Act 1997 No 119. 7
Page 3
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 2 Renaming and other amendment of Road Transport (General) Act 2005
No 11
Schedule 2 Renaming and other amendment of Road 1
Transport (General) Act 2005 No 11 2
[1] Long title 3
Omit "the administration and enforcement of road transport legislation; to 4
make further provision with respect to the use of vehicles on roads and road 5
related areas and related matters;". 6
Insert instead "the management of heavy and other vehicles and drivers using 7
such vehicles on roads and road related areas;". 8
[2] Part 1.1 Introductory 9
Omit the note at the beginning of the Part. Insert instead: 10
Note. This Act and the regulations under it form part of the road 11
transport legislation identified by section 6 of the Road Transport 12
Act 2013. As part of the road transport legislation, this Act is subject to 13
the various provisions of the Road Transport Act 2013 concerning the 14
administration and enforcement of the road transport legislation 15
generally. 16
[3] Section 1 Name of Act 17
Omit "Road Transport (General) Act 2005". 18
Insert instead "Road Transport (Vehicle and Driver Management) Act 2005". 19
[4] Section 3 Definitions 20
Omit each of the following definitions from section 3 (1): 21
Australian driver licence 22
Australian registrable vehicles register 23
authorised officer 24
compensation order 25
driver licence (where firstly and secondly occurring) 26
learner licence 27
light rail vehicle 28
major offence 29
penalty notice 30
prescribed speeding offence 31
registered 32
registrable vehicle 33
responsible person 34
road 35
road related area 36
Page 4
Road Transport Legislation (Repeal and Amendment) Bill 2013
Renaming and other amendment of Road Transport (General) Act 2005 Schedule 2
No 11
road transport legislation 1
trader's plate 2
vehicle 3
[5] Section 3 (1) 4
Insert in alphabetical order: 5
Australian driver licence has the same meaning as it has in the 6
Road Transport Act 2013. 7
Australian registrable vehicles register means: 8
(a) the NSW registrable vehicles register within the meaning 9
of the Road Transport Act 2013, or 10
(b) a register maintained under the law of another jurisdiction 11
that corresponds, or substantially corresponds, to the NSW 12
registrable vehicles register within the meaning of the 13
Road Transport Act 2013. 14
authorised officer has the same meaning as it has in the Road 15
Transport Act 2013. 16
driver licence has the same meaning (except in Part 4.2) as it has 17
in the Road Transport Act 2013, and in Part 4.2 means: 18
(a) an Australian driver licence, or 19
(b) a learner licence issued under a law in force in a State or 20
internal Territory authorising the holder to drive a motor 21
vehicle on a road. 22
excess permit--see section 27. 23
learner licence has the same meaning as it has in the Road 24
Transport Act 2013. 25
penalty notice means a penalty notice issued under Division 3 of 26
Part 7.3 of the Road Transport Act 2013. 27
registered, in relation to a vehicle, has the same meaning as it has 28
in the Road Transport Act 2013. 29
responsible person for a vehicle (except in Chapter 3) has the 30
same meaning as it has in the Road Transport Act 2013. 31
Note. A wider definition of responsible person applies for the purposes 32
of Chapter 3. 33
road means a road within the meaning of section 4 (1) of the 34
Road Transport Act 2013 (other than a road that is the subject of 35
a declaration made under section 18 (1) (b) of that Act relating to 36
all of the provisions of that Act). 37
road related area means a road related area within the meaning 38
of section 4 (1) of the Road Transport Act 2013 (other than a road 39
related area that is the subject of a declaration made under 40
Page 5
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 2 Renaming and other amendment of Road Transport (General) Act 2005
No 11
section 18 (1) (b) of that Act relating to all of the provisions of 1
that Act). 2
road transport legislation has the same meaning as it has in the 3
Road Transport Act 2013. 4
vehicle has the same meaning as it has in the Road Transport Act 5
2013. 6
[6] Section 3 (3) 7
Omit the subsection. Insert instead: 8
(3) Each reference in this Act to a road includes a road related area, 9
except in the definitions of road and road related area in 10
subsection (1) or as otherwise provided by this Act. 11
[7] Section 5 Meaning of "road transport legislation" 12
Omit the section. 13
[8] Section 6 Responsible person for a vehicle 14
Omit the section. 15
[9] Section 7 Rights, liabilities and obligations of multiple responsible 16
persons 17
Omit the section. 18
[10] Section 11 19
Omit the section. Insert instead: 20
11 Regulations relating to mass, dimension, load restraint and 21
access requirements 22
The regulations may make provision for or with respect to mass, 23
dimension, load restraint and access requirements with respect to 24
the use of roads by vehicles and combinations and the 25
enforcement of such requirements, including the following: 26
(a) the giving of rectification notices, the detention of vehicles 27
pending rectification and powers of inspection, 28
(b) the issuing of excess permits or other permits or notices to 29
authorise the use of vehicles and combinations despite 30
such restrictions and fees payable in connection with such 31
permits or notices, 32
(c) the imposition of such restrictions by means of the erection 33
or display of signs, 34
Page 6
Road Transport Legislation (Repeal and Amendment) Bill 2013
Renaming and other amendment of Road Transport (General) Act 2005 Schedule 2
No 11
(d) the exercise of inspection and other enforcement powers 1
(including in relation to powers conferred by or under this 2
Act) in relation to such requirements, 3
(e) the keeping and production of records and other specified 4
information in connection with such requirements, 5
(f) the granting or conferral of exemptions from compliance 6
with such requirements, 7
(g) the creation, approval or use of schemes for the mass 8
management of vehicles or combinations in connection 9
with such requirements. 10
[11] Chapter 2 Scope of Act 11
Omit the Chapter. 12
[12] Section 26 Use of vehicle in contravention of mass, dimension or load 13
restraint requirements 14
Omit section 26 (1). 15
[13] Section 26 (2) 16
Omit "restrictions imposed by the regulations". 17
Insert instead "requirements imposed by regulations made for the purposes of 18
section 11". 19
[14] Section 97 20
Omit the section. Insert instead: 21
97 Operation of Part 22
(1) This Part applies in relation to heavy vehicles or heavy 23
combinations or both and accordingly, in this Part references to 24
vehicles or combinations are taken to be references to heavy 25
vehicles or heavy combinations. 26
(2) This Part applies in relation to any applicable road law only to the 27
extent that it relates to a requirement in respect of a heavy vehicle 28
or heavy combination or both (regardless of whether the 29
requirement relates to a mass, dimension or load restraint or 30
otherwise) and, in this Part, Australian applicable road law and 31
applicable road law offences have corresponding applications. 32
[15] Section 108 Power to affect vehicle registration 33
Omit the note at the end of the section. Insert instead: 34
Note. For licence sanctions that may be used against offenders, see 35
Part 7.4 of the Road Transport Act 2013. 36
Page 7
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 2 Renaming and other amendment of Road Transport (General) Act 2005
No 11
[16] Chapter 4, heading 1
Omit "relating to road transport legislation". 2
[17] Chapter 4, Parts 4.1 and 4.3 3
Omit the Parts. 4
[18] Section 130 Application of Part 5
Omit section 130 (1) (b). Insert instead: 6
(b) Part 4.5 of the Road Transport Act 2013, 7
[19] Section 169 Obstructing or hindering authorised officers 8
Omit the section. 9
[20] Section 170 Impersonating authorised officers 10
Omit the section. 11
[21] Chapter 5, heading 12
Omit the heading. Insert instead: 13
Chapter 5 Criminal responsibility for 14
applicable road law offences 15
[22] Part 5.1, heading 16
Omit the heading. 17
[23] Sections 176, 177 and 179 18
Omit the sections. 19
[24] Section 178 Liability of directors, partners, employers and others for 20
offences by bodies corporate, partnerships, associations and 21
employees 22
Omit "the road transport legislation" from section 178 (1). 23
Insert instead "an applicable road law". 24
[25] Section 178 (4A) 25
Omit "made under the road transport legislation". 26
Insert instead "that is (or forms part of) an applicable road law". 27
Page 8
Road Transport Legislation (Repeal and Amendment) Bill 2013
Renaming and other amendment of Road Transport (General) Act 2005 Schedule 2
No 11
[26] Parts 5.2-5.6 1
Omit the Parts. 2
[27] Part 6.1, heading 3
Omit the heading. 4
[28] Section 239 Service of documents on persons generally 5
Omit the section. 6
[29] Section 240 Lodgment of documents with Authority 7
Omit the section. 8
[30] Section 241 Review by Administrative Decisions Tribunal of certain 9
decisions made under road transport legislation 10
Omit the section. 11
[31] Section 242 Alternate appeal rights to Local Court 12
Omit the section. 13
[32] Section 243 Indemnity from personal liability for honest and good faith 14
carrying out of duties 15
Omit the section. 16
[33] Section 244 Unpaid charges and fees 17
Omit "Except as provided by section 223, any". Insert instead "Any". 18
[34] Section 244B Preliminary discovery of information for recovery of 19
private car park fees 20
Omit the section. 21
[35] Section 246 Repeals 22
Omit the section. 23
[36] Part 6.2 Miscellaneous provisions concerning vehicles and roads 24
Omit the Part. 25
[37] Schedule 2 Repeals 26
Omit the Schedule. 27
Page 9
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 3 Amendments replacing general references to existing or former road
transport Acts with "Road Transport Act 2013"
Schedule 3 Amendments replacing general 1
references to existing or former road 2
transport Acts with "Road Transport Act 3
2013" 4
Each Act and statutory rule specified in Column 1 of the following Table of 5
amendments is amended: 6
(a) by omitting "Road Transport (Driver Licensing) Act 1998", "Road Transport 7
(General) Act 1999", "Road Transport (General) Act 2005", "Road Transport 8
(Safety and Traffic Management) Act 1999" or "Road Transport (Vehicle 9
Registration) Act 1997" wherever occurring in the provision (including 10
headings and notes) of the Act or statutory rule concerned specified in 11
Column 2 of the Table, and 12
(b) by inserting instead "Road Transport Act 2013". 13
Table of amendments 14
Column 1 Column 2
Bail Act 1978 No 161 Section 37AA (7)
Centennial Park and Moore Park Trust Act 1983 No 145 Section 23 (6) (definition of
owner)
Children (Criminal Proceedings) Act 1987 No 55 Sections 3 (1) (definition of
road transport legislation)
and 28 (2) (b)
Dangerous Goods (Road and Rail Transport) Clause 9 (1) (definition of
Regulation 2009 owner)
Drug Court Act 1998 No 150 Sections 7A (11) and 7B (11)
Election Funding, Expenditure and Disclosures Clause 5 (3) (definition of
Regulation 2009 motor vehicle)
Explosives Regulation 2005 Clause 3 (1) (definition of
vehicle)
Forestry Act 2012 No 96 Section 87 (6) (definition of
owner)
Industrial Relations Act 1996 No 17 Dictionary (definition of
motor vehicle)
Maritime Services Act 1935 No 47 Section 30C (6) (definition of
Owner)
Motor Vehicles Taxation Regulation 2008 Clause 4 (2) (definition of fee)
Page 10
Road Transport Legislation (Repeal and Amendment) Bill 2013
Amendments replacing general references to existing or former road Schedule 3
transport Acts with "Road Transport Act 2013"
Column 1 Column 2
Parking Space Levy Regulation 2009 Clause 2 (1) (definition of
mobility parking scheme
authority)
Parramatta Park Trust Act 2001 No 17 Sections 28 (4) (definition of
owner) and 29 (6) (definition
of owner)
Prevention of Cruelty to Animals Act 1979 No 200 Section 24B (4)
Residential Parks Regulation 2006 Clause 4 (6) (definitions of
campervan and caravan)
Roads Regulation 2008 Clause 3 (definitions of motor
vehicle and vehicle)
Royal Botanic Gardens and Domain Trust Act 1980 No 19 Section 22A (7) (definition of
owner)
Supreme Court Act 1970 No 52 Section 69C (5)
Sydney Harbour Foreshore Authority Act 1998 No 170 Section 23 (3)
Sydney Harbour Tunnel (Private Joint Venture) Act 1987 Section 14 (2)
No 49
Sydney Water Catchment Management Regulation 2008 Clause 3 (1) (definition of
vehicle)
Western Sydney Parklands Regulation 2007 Clause 3 (definition of motor
vehicle)
Workers Compensation Act 1987 No 70 Section 10 (1B)
Young Offenders Act 1997 No 54 Section 8 (2) (b)
Page 11
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
Schedule 4 Other consequential amendments of 1
Acts and statutory rules 2
4.1 Charitable Fundraising Regulation 2008 3
Schedule 1 Conditions of authority taken to have been granted under 4
section 16 (6) of the Act 5
Omit the definitions of road and road related area from clause 25 (2). 6
Insert instead: 7
road means a road within the meaning of section 4 (1) of the 8
Road Transport Act 2013 (other than a road that is the subject of 9
a declaration made under section 18 (1) (b) of that Act relating to 10
all of the provisions of that Act). 11
road related area means a road related area within the meaning 12
of section 4 (1) of the Road Transport Act 2013 (other than a road 13
related area that is the subject of a declaration made under 14
section 18 (1) (b) of that Act relating to all of the provisions of 15
that Act). 16
4.2 Children (Detention Centres) Act 1987 No 57 17
[1] Section 37I Definitions 18
Omit "Road Transport (Safety and Traffic Management) Act 1999" wherever 19
occurring in the definitions of breath analysing instrument and breath test in 20
section 37I (1). 21
Insert instead "Road Transport Act 2013". 22
[2] Section 37I (2) 23
Omit "section 8B (Measurement of alcohol concentrations) of the Road 24
Transport (Safety and Traffic Management) Act 1999" and "Part 2 of that 25
Act". 26
Insert instead "section 109 (Measurement of alcohol concentrations) of the 27
Road Transport Act 2013" and "that Act", respectively. 28
[3] Section 37K Testing where juvenile justice officer attends hospital 29
Omit "Division 4 of Part 2 of the Road Transport (Safety and Traffic 30
Management) Act 1999" from section 37K (2). 31
Insert instead "clause 11 of Schedule 3 to the Road Transport Act 2013". 32
Page 12
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[4] Section 37K (4) 1
Omit "Sections 21 and 22 of the Road Transport (Safety and Traffic 2
Management) Act 1999" and "Division 4 of Part 2 of that Act". 3
Insert instead "Clauses 17, 18, 19 and 20 of Schedule 3 to the Road Transport 4
Act 2013" and "clause 11 of Schedule 3 to that Act", respectively. 5
[5] Section 37K (6) 6
Omit "Division 4 of Part 2 of the Road Transport (Safety and Traffic 7
Management) Act 1999". 8
Insert instead "Schedule 3 to the Road Transport Act 2013 in its application to 9
the taking of samples under clause 11 of that Schedule". 10
4.3 Children (Detention Centres) Regulation 2010 11
[1] Clause 3 Definitions 12
Omit "the Road Transport (Safety and Traffic Management) Act 1999" from 13
paragraph (a) of the definition of government analyst in clause 3 (1). 14
Insert instead "Schedule 3 to the Road Transport Act 2013". 15
[2] Clause 120 Certificate evidence of concentration of alcohol in breath or 16
blood determined by breath test or breath analysis 17
Omit "Road Transport (Safety and Traffic Management) Act 1999" from 18
clause 120 (1) (c). 19
Insert instead "Road Transport Act 2013". 20
4.4 Children (Education and Care Services) Supplementary 21
Provisions Regulation 2012 22
[1] Clause 106 Notice of criminal charges or convictions 23
Omit "(within the meaning of the Road Transport (General) Act 2005)" from 24
clause 106 (4) (a). 25
[2] Clause 106 (5) and (6) 26
Omit clause 106 (5). Insert instead: 27
(5) The following offences under the road transport legislation are 28
also notifiable offences for the purposes of this clause: 29
(a) any offence under any of the following provisions of the 30
Road Transport Act 2013 or a former corresponding 31
provision within the meaning of that Act: 32
(i) an offence under section 54, 33
Page 13
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
(ii) an offence under section 110, 1
(iii) an offence under section 112, 2
(iv) an offence under section 117 (1) relating to driving 3
a motor vehicle negligently if the person found 4
guilty is, by way of penalty, sentenced to 5
imprisonment or fined a sum of not less than $200, 6
(v) an offence under section 117 (2), 7
(vi) an offence under section 118, 8
(vii) an offence under section 146, 9
(viii) an offence under section 175 (2), 10
(b) any other offence under the road transport legislation if the 11
court orders the disqualification of the person found guilty 12
from holding a driver licence. 13
(6) In this clause, road transport legislation means the road transport 14
legislation within the meaning of the Road Transport Act 2013, 15
and includes the former road transport legislation within the 16
meaning of Part 2 of Schedule 4 to that Act. 17
4.5 City of Sydney Act 1988 No 48 18
[1] Section 4 Definitions 19
Omit "Road Transport (General) Act 2005" from paragraph (c) of the 20
definition of traffic and transport legislation in section 4 (1). 21
Insert instead "Road Transport Act 2013". 22
[2] Section 51B Definitions 23
Omit "Road Transport (Safety and Traffic Management) Regulation 1999" 24
from the definition of Sydney CBD parking authority. 25
Insert instead "Road Transport (General) Regulation 2013". 26
[3] Section 51M Sydney CBD parking authorities to notify CSTTC of 27
proposal to carry out certain parking schemes 28
Omit "Road Transport (Safety and Traffic Management) Act 1999" from 29
section 51M (1). 30
Insert instead "Road Transport Act 2013". 31
Page 14
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.6 Coal Mine Health and Safety Regulation 2006 1
[1] Clause 76 Plant requirements 2
Omit "registrable under the Road Transport (Vehicle Registration) Act 1997" 3
from clause 76 (1) (a). 4
Insert instead "a vehicle of a kind that is capable of being registered within the 5
meaning of the Road Transport Act 2013". 6
[2] Clause 89 Records of plant 7
Omit "registrable under the Road Transport (Vehicle Registration) Act 1997" 8
from clause 89 (1) (a). 9
Insert instead "a vehicle of a kind that is capable of being registered within the 10
meaning of the Road Transport Act 2013". 11
4.7 Community Land Management Act 1989 No 202 12
[1] Section 116 Open and private access ways 13
Omit "Road Transport (General) Act 2005" from section 116 (1) (a). 14
Insert instead "Road Transport Act 2013". 15
[2] Section 116 (7) 16
Omit the definition of road or road related area. Insert instead: 17
road or road related area means a road or road related area 18
within the meaning of section 4 (1) of the Road Transport 19
Act 2013 (other than a road or road related area that is the subject 20
of a declaration made under section 18 (1) (b) of that Act relating 21
to all of the provisions of that Act). 22
4.8 Crimes Act 1900 No 40 23
[1] Section 49A Throwing rocks and other objects at vehicles and vessels 24
Omit "the Road Transport (General) Act 2005" from the definition of road in 25
section 49A (4). 26
Insert instead "section 4 (1) of the Road Transport Act 2013". 27
[2] Section 52A Dangerous driving: substantive matters 28
Omit "Road Transport (Safety and Traffic Management) Act 1999" from the 29
definition of drug in section 52A (9). 30
Insert instead "Road Transport Act 2013". 31
Page 15
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[3] Section 52A (9) 1
Omit paragraph (a) of the definition of road. Insert instead: 2
(a) a road or road related area within the meaning of 3
section 4 (1) of the Road Transport Act 2013 (other than a 4
road or road related area that is the subject of a declaration 5
made under section 18 (1) (b) of that Act relating to all of 6
the provisions of that Act), or 7
[4] Section 52AA Dangerous driving: procedural matters 8
Omit section 52AA (2). Insert instead: 9
(2) Evidence of intoxication--alcohol 10
For the purposes of section 52A, evidence may be given of the 11
concentration of alcohol present in the accused's blood at the 12
time of the impact occasioning death or grievous bodily harm 13
occurring at a place that is not a road as determined by a blood 14
analysis carried out in accordance with Part 4 of Schedule 3 to the 15
Road Transport Act 2013. 16
[5] Section 52AA (3A) 17
Omit the subsection. Insert instead: 18
(3A) Evidence of intoxication--drugs 19
For the purposes of section 52A, evidence may be given of the 20
concentration of a drug (other than alcohol) present in the 21
accused's blood or urine at the time of the impact occasioning 22
death or grievous bodily harm occurring at a place that is not a 23
road as determined by a blood or urine analysis carried out in 24
accordance with Part 4 of Schedule 3 to the Road Transport 25
Act 2013. 26
[6] Section 52AA (7) 27
Insert after the definition of prescribed concentration of alcohol: 28
road means a road or road related area within the meaning of 29
section 4 (1) of the Road Transport Act 2013 (other than a road 30
or road related area that is the subject of a declaration made under 31
section 18 (1) (b) of that Act relating to all of the provisions of 32
that Act). 33
Page 16
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[7] Section 52B Dangerous navigation: substantive matters 1
Omit "Road Transport (Safety and Traffic Management) Act 1999" from the 2
definition of drug in section 52B (9). 3
Insert instead "Road Transport Act 2013". 4
[8] Section 154C Taking motor vehicle or vessel with assault or with 5
occupant on board 6
Omit "Road Transport (General) Act 2005" from the definition of motor 7
vehicle in section 154C (3). 8
Insert instead "Road Transport Act 2013". 9
[9] Section 154E Definitions 10
Omit "Road Transport (General) Act 2005" from paragraph (a) of the 11
definition of motor vehicle in section 154E (1). 12
Insert instead "Road Transport Act 2013". 13
[10] Section 154J Possession of vehicle identification plate not attached to 14
motor vehicle 15
Omit "Road Transport (General) Act 2005" from the definition of motor 16
vehicle in section 154J (3). 17
Insert instead "Road Transport Act 2013". 18
4.9 Crimes (Administration of Sentences) Act 1999 No 93 19
[1] Section 236E Definitions 20
Omit "Road Transport (Safety and Traffic Management) Act 1999" wherever 21
occurring in the definitions of breath analysing instrument and breath test in 22
section 236E (1). 23
Insert instead "Road Transport Act 2013". 24
[2] Section 236E (2) 25
Omit the subsection. Insert instead: 26
(2) Subject to the regulations, section 109 (Measurement of alcohol 27
concentrations) of the Road Transport Act 2013 applies in 28
relation to the measurement of the concentration of alcohol in a 29
person's breath or blood for the purposes of this Division and the 30
regulations in the same way as it applies for the purposes of that 31
Act. 32
Page 17
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[3] Section 236G Testing where member of correctional staff attends 1
hospital 2
Omit "Division 4 of Part 2 of the Road Transport (Safety and Traffic 3
Management) Act 1999" from section 236G (2). 4
Insert instead "clause 11 of Schedule 3 to the Road Transport Act 2013". 5
[4] Section 236G (4) 6
Omit "Sections 21 and 22 of the Road Transport (Safety and Traffic 7
Management) Act 1999" and "Division 4 of Part 2 of that Act". 8
Insert instead "Clauses 17, 18, 19 and 20 of Schedule 3 to the Road Transport 9
Act 2013" and "clause 11 of Schedule 3 to that Act", respectively. 10
[5] Section 236G (6) 11
Omit "Division 4 of Part 2 of the Road Transport (Safety and Traffic 12
Management) Act 1999". 13
Insert instead "Schedule 3 to the Road Transport Act 2013 in its application to 14
the taking of samples under clause 11 of that Schedule". 15
4.10 Crimes (Administration of Sentences) Regulation 2008 16
[1] Clause 265 Interpretation 17
Omit "the Road Transport (Safety and Traffic Management) Act 1999" from 18
paragraph (a) of the definition of analyst in clause 265 (1). 19
Insert instead "Schedule 3 to the Road Transport Act 2013". 20
[2] Clause 267 Hospitals 21
Omit "section 19 of the Road Transport (Safety and Traffic Management) 22
Act 1999" from clause 267 (b). 23
Insert instead "Division 4 of Part 2 of Schedule 3 to the Road Transport 24
Act 2013". 25
[3] Clause 277 Certificate evidence of concentration of alcohol in breath or 26
blood determined by breath test or breath analysis 27
Omit "Road Transport (Safety and Traffic Management) Act 1999" from 28
clause 277 (1) (c). 29
Insert instead "Road Transport Act 2013". 30
Page 18
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.11 Crimes (Appeal and Review) Act 2001 No 120 1
[1] Section 63 Stay of execution of sentence pending determination of 2
appeal 3
Omit "Division 4 of Part 5.4 of the Road Transport (General) Act 2005" from 4
section 63 (2A). 5
Insert instead "Division 4 of Part 7.4 of the Road Transport Act 2013 (or a 6
former corresponding provision within the meaning of that Act)". 7
[2] Section 68 Court may confirm or vary conviction or sentence with effect 8
from earlier day 9
Omit section 68 (1A) (including the note to that subsection). Insert instead: 10
(1A) An appeal court may, for the purposes of making an order under 11
subsection (1) in relation to a sentence that consists of, or 12
includes, a disqualification from holding a driver licence (within 13
the meaning of the Road Transport Act 2013), take into account: 14
(a) any period during which the defendant's driver licence was 15
suspended under section 224 of the Road Transport 16
Act 2013 (or a former corresponding provision within the 17
meaning of that Act), and 18
(b) any other periods after committing the offence to which 19
the sentence relates during which the defendant held, or 20
did not hold, a driver licence that would have permitted the 21
defendant to drive a motor vehicle. 22
Note. Section 224 of the Road Transport Act 2013 enables a police 23
officer to suspend, by written notice, a person's driver licence within 24
48 hours after the person is charged with certain offences involving 25
alcohol or drug use under that Act. The suspension has effect until the 26
charge is heard and determined by a court. Also, section 63 of this Act 27
provides for the stay of the execution of a sentence pending 28
determination of appeal under this Act. 29
4.12 Crimes (Sentencing Procedure) Act 1999 No 92 30
[1] Section 21A Aggravating, mitigating and other factors in sentencing 31
Omit section 21A (5C). Insert instead: 32
(5C) For the purpose of subsection (2) (p), an offence under any of the 33
following provisions is taken to have been committed while a 34
child under 16 years of age was a passenger in the offender's 35
vehicle if the offence was part of a series of events that involved 36
Page 19
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
the driving of the vehicle while the child was a passenger in the 1
vehicle: 2
(a) section 13 (2), 15 (4), 18B (2), 18D (2), 22 (2), 24D (1) or 3
29 (2) of the former Road Transport (Safety and Traffic 4
Management) Act 1999, 5
(b) clause 16 (1) (a), (b) or (c), 17 (1) or 18 (1) of Schedule 3 6
to the Road Transport Act 2013. 7
[2] Section 21A (6), definition of "prescribed traffic offence" 8
Insert "former" before "Road Transport (Safety and Traffic Management) 9
Act 1999" in paragraph (a) of the definition. 10
[3] Section 21A (6), definition of "prescribed traffic offence" 11
Insert after paragraph (a) of the definition: 12
(a1) sections 110, 111 (1) and (3) and 112 (1) of the Road 13
Transport Act 2013 and clauses 16 (1) (a), (b) or (c), 17 (1) 14
and 18 (1) of Schedule 3 to that Act, 15
4.13 Criminal Procedure Act 1986 No 209 16
[1] Section 210 Penalties applying to traffic offences committed by children 17
Omit paragraph (a) of the definition of traffic offence in section 210 (4). 18
Insert instead: 19
(a) the road transport legislation (within the meaning of the 20
Road Transport Act 2013) or the former road transport 21
legislation (within the meaning of Part 2 of Schedule 4 to 22
that Act), or 23
[2] Section 283 24
Omit the section. Insert instead: 25
283 Law enforcement devices 26
(1) A certificate: 27
(a) that would, by virtue of a provision of Division 5 of 28
Part 5.3 of, or Division 2 of Part 5 of Schedule 3 to, the 29
Road Transport Act 2013, be admissible in proceedings for 30
an offence under that Act as evidence of the particulars 31
certified in and by the certificate, or 32
(b) that would, by virtue of section 33, 33D, 35, 46, 47, 47B, 33
57 or 57B of the former Road Transport (Safety and 34
Traffic Management) Act 1999 (as continued in effect 35
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
under Schedule 4 to the Road Transport Act 2013), be 1
admissible in proceedings for an offence under the former 2
Act as evidence of the particulars certified in and by the 3
certificate, or 4
(c) that would, by virtue of clause 27 or 29 of Schedule 1 to 5
the Marine Safety Act 1998, be admissible in proceedings 6
for an offence under that Act as evidence of the particulars 7
certified in and by the certificate, 8
is admissible in all criminal proceedings as evidence of those 9
particulars. 10
(2) Despite subsection (1), such a certificate is not admissible in 11
proceedings under the Drug Misuse and Trafficking Act 1985 as 12
evidence of the use or administration, by the person to whom the 13
certificate relates, of any prohibited drug within the meaning of 14
that Act. 15
(3) Evidence is not required in any criminal proceedings: 16
(a) as to the accuracy or reliability of any approved traffic 17
enforcement device or breath analysing instrument to 18
which such a certificate relates, or 19
(b) as to the manner in which any approved traffic 20
enforcement device or breath analysing instrument to 21
which such a certificate relates was operated, 22
unless evidence is adduced that the device or instrument was not 23
accurate, was not reliable or was not properly operated. 24
(4) A photograph: 25
(a) that would, by virtue of a provision of Division 5 of 26
Part 5.3 of the Road Transport Act 2013, be admissible in 27
proceedings under that Act as evidence of the matters 28
shown or recorded on the photograph, or 29
(b) that would, by virtue of section 47, 47B, 57 or 57B of the 30
former Road Transport (Safety and Traffic Management) 31
Act 1999 (as continued in effect under Schedule 4 to the 32
Road Transport Act 2013), be admissible in proceedings 33
under the former Act as evidence of the matters shown or 34
recorded on the photograph, 35
is admissible in all criminal proceedings as evidence of those 36
matters. 37
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
(5) In this section: 1
approved traffic enforcement device means any of the following: 2
(a) an approved traffic enforcement device (within the 3
meaning of the Road Transport Act 2013), 4
(b) an approved average speed detection device, approved 5
camera detection device, approved camera recording 6
device, approved speed measuring device or approved 7
traffic lane camera device (within the meaning of the 8
former Road Transport (Safety and Traffic Management) 9
Act 1999). 10
breath analysing instrument means any of the following: 11
(a) a breath analysing instrument (within the meaning of the 12
Road Transport Act 2013), 13
(b) a breath analysing instrument (within the meaning of the 14
former Road Transport (Safety and Traffic Management) 15
Act 1999). 16
4.14 Criminal Procedure Regulation 2010 17
[1] Clause 21 Offences for which briefs of evidence not required 18
Omit clause 21 (1) (c). Insert instead: 19
(c) proceedings for an offence under any of the following 20
provisions of the Road Transport Act 2013 (or a former 21
corresponding provision within the meaning of that Act): 22
(i) section 53 (3) or 54 (1) (a), (3) (a), (4) (a), (5) (a) (i) 23
or (5) (b) (i), 24
(ii) section 110 or 112, 25
[2] Clause 21 (1) (e) 26
Omit the paragraph. 27
[3] Clause 55 Program declared to be intervention program 28
Omit clause 55 (2) (c)-(d). Insert instead: 29
(c) an offence under any of the following provisions of the 30
Road Transport Act 2013 (or a former corresponding 31
provision within the meaning of that Act): 32
(i) section 53 (3), 33
(ii) section 54 (1), (3), (4) or (5), 34
(iii) section 71, 35
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
(iv) section 110 (4), 1
(v) clause 16 (1) (b) or 18 (1) (a) or (b) of Schedule 3, 2
[4] Clause 89 Definitions 3
Omit the definition of traffic offence (including the note to that definition). 4
Insert instead: 5
traffic offence means: 6
(a) an offence under the road transport legislation (within the 7
meaning of the Road Transport Act 2013), or 8
(b) an offence under the former road transport legislation 9
(within the meaning of Part 2 of Schedule 4 to the Road 10
Transport Act 2013). 11
4.15 Criminal Records Act 1991 No 8 12
Section 11 How are traffic offences to be dealt with? 13
Omit "section 5 of the Road Transport (General) Act 2005" wherever 14
occurring in section 11 (1) and (4) (c). 15
Insert instead "section 6 of the Road Transport Act 2013". 16
4.16 Crown Lands Act 1989 No 6 17
Section 161 Liability of vehicle owner for certain offences 18
Omit section 161 (6). Insert instead: 19
(6) In this section: 20
owner of a vehicle includes the responsible person for the vehicle 21
within the meaning of the Road Transport Act 2013. 22
registered means registered within the meaning of the Road 23
Transport Act 2013. 24
trader's plate means a trader's plate within the meaning of the 25
Road Transport Act 2013. 26
4.17 Dangerous Goods (Road and Rail Transport) Act 2008 No 95 27
[1] Section 4 Definitions 28
Omit "Road Transport (General) Act 2005" from the definition of motor 29
vehicle in section 4 (1). 30
Insert instead "Road Transport Act 2013". 31
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[2] Section 4 (1) 1
Omit the definition of road (including the note to that definition). 2
Insert instead: 3
road means a road or road related area within the meaning of 4
section 4 (1) of the Road Transport Act 2013. 5
4.18 Driving Instructors Act 1992 No 3 6
[1] Section 3 Definitions 7
Omit "Road Transport (Driver Licensing) Act 1998" from paragraph (a) of the 8
definition of driver licence in section 3 (1). 9
Insert instead "Road Transport Act 2013". 10
[2] Section 3 (1), definition of "motor vehicle" 11
Omit "Road Transport (General) Act 2005". 12
Insert instead "Road Transport Act 2013". 13
[3] Section 10 Prerequisites for licence 14
Omit "section 16 (8) or 16A (7) of the Road Transport (Driver Licensing) 15
Act 1998" from section 10 (2). 16
Insert instead "section 36 of the Road Transport Act 2013". 17
[4] Section 15 Testing of applicant 18
Omit "Road Transport (General) Act 2005" from section 15 (b). 19
Insert instead "Road Transport Act 2013". 20
[5] Section 18 Grounds for refusal of application 21
Omit "Road Transport (Driver Licensing) Act 1998" from section 18 (1) (f). 22
Insert instead "Road Transport Act 2013 or former Road Transport (Driver 23
Licensing) Act 1998". 24
[6] Section 26 Grounds for suspension or cancellation of licence 25
Omit "Road Transport (Driver Licensing) Act 1998" from section 26 (2) (c). 26
Insert instead "Road Transport Act 2013 or former Road Transport (Driver 27
Licensing) Act 1998". 28
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[7] Section 36 Grounds on which prohibition order may be made 1
Omit "Road Transport (Driver Licensing) Act 1998" from section 36 (a). 2
Insert instead "Road Transport Act 2013 or former Road Transport (Driver 3
Licensing) Act 1998". 4
[8] Section 51 Identification of persons offering driving instruction 5
Omit section 51 (1) (c). Insert instead: 6
(c) if the vehicle is registered in Australia (within the meaning 7
of the Road Transport Act 2013) or registered under the 8
law of another country that corresponds to the 9
requirements of that Act relating to the registration of 10
motor vehicles--the person in whose name the vehicle is 11
registered, 12
[9] Section 53 Use of unsatisfactory vehicle 13
Omit "Road Transport (General) Act 2005". 14
Insert instead "Road Transport Act 2013". 15
[10] Section 54 Employer not to allow use of unsatisfactory vehicle 16
Omit "Road Transport (General) Act 2005". 17
Insert instead "Road Transport Act 2013". 18
4.19 Duties Act 1997 No 123 19
[1] Section 224 Farm machinery and commercial vehicles 20
Omit "Road Transport (Vehicle Registration) Act 1997" from paragraph (a) of 21
the definition of commercial vehicle in section 224 (2). 22
Insert instead "Road Transport Act 2013". 23
[2] Section 261 Imposition of duty 24
Omit "Road Transport (Vehicle Registration) Act 1997". 25
Insert instead "Road Transport Act 2013". 26
[3] Section 262 Lodgment of statement of dutiable value 27
Omit "Road Transport (Vehicle Registration) Act 1997". 28
Insert instead "Road Transport Act 2013". 29
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[4] Section 267 Exemptions 1
Omit "regulations under the Road Transport (Vehicle Registration) 2
Act 1997" from section 267 (7B). 3
Insert instead "statutory rules under the Road Transport Act 2013". 4
[5] Section 268 Avoidance of double duty--duty paid in a corresponding 5
Australian jurisdiction 6
Omit "Road Transport (Vehicle Registration) Act 1997" from section 268 (a). 7
Insert instead "Road Transport Act 2013". 8
[6] Section 270B Exemption for caravans 9
Omit "Road Transport (Vehicle Registration) Act 1997" from the definition of 10
caravan in section 270B (2). 11
Insert instead "Road Transport Act 2013". 12
[7] Section 270C Exemption for new heavy vehicle trailers 13
Omit "Road Transport (Vehicle Registration) Act 1997" from 14
section 270C (1). 15
Insert instead "Road Transport Act 2013". 16
[8] Section 270C (2) 17
Omit "Road Transport (General) Act 2005" and "the Road Transport (Vehicle 18
Registration) Act 1997". 19
Insert instead "Road Transport Act 2013" and "that Act", respectively. 20
[9] Dictionary, clause 1 21
Omit "Road Transport (Vehicle Registration) Act 1997" wherever occurring 22
in the definitions of application to register a motor vehicle and motor vehicle. 23
Insert instead "Road Transport Act 2013". 24
[10] Dictionary, clause 1, definition of "new motor vehicle" 25
Omit "Road Transport (Vehicle Registration) Act 1997". 26
Insert instead "Road Transport Act 2013, the former Road Transport (Vehicle 27
Registration) Act 1997". 28
[11] Dictionary, clause 1, definition of "road" 29
Omit the definition. Insert instead: 30
road means a road or road related area within the meaning of 31
section 4 (1) of the Road Transport Act 2013 (other than a road 32
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
or road related area that is the subject of a declaration made under 1
section 18 (1) (b) of that Act relating to all of the provisions of 2
that Act). 3
4.20 Environmental Planning and Assessment Regulation 2000 4
[1] Clause 186A Owners of existing buildings and dwellings must ensure 5
smoke alarms are installed 6
Omit "capable of being registered under the Road Transport (Vehicle 7
Registration) Act 1997" from the definition of relocatable home in 8
clause 186A (9). 9
Insert instead "a vehicle of a kind that is capable of being registered within the 10
meaning of the Road Transport Act 2013". 11
[2] Clause 186AA Owners of moveable dwellings must ensure smoke 12
alarms are installed 13
Omit "capable of being registered under the Road Transport (Vehicle 14
Registration) Act 1997" from clause 186AA (3). 15
Insert instead "a vehicle of a kind that is capable of being registered within the 16
meaning of the Road Transport Act 2013". 17
4.21 Fines Act 1996 No 99 18
[1] Section 3 Definitions 19
Omit "Road Transport (Driver Licensing) Act 1998" from the definition of 20
driver licence in section 3 (1). 21
Insert instead "Road Transport Act 2013". 22
[2] Section 3 (1) 23
Omit the definitions of registered, registered operator and responsible 24
person. 25
Insert instead: 26
registered, in relation to a vehicle, means registered within the 27
meaning of the Road Transport Act 2013. 28
registered operator has the same meaning as in the Road 29
Transport Act 2013. 30
responsible person for a vehicle has the same meaning as in the 31
Road Transport Act 2013. 32
Page 27
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[3] Section 23A Person may elect to have matter dealt with by court 1
Omit "demerit points register kept under the Road Transport (Driver 2
Licensing) Act 1998" from section 23A (3) (b). 3
Insert instead "NSW demerit points register kept under the Road Transport 4
Act 2013". 5
[4] Section 24G Effect of withdrawal of penalty notice 6
Omit "demerit points register kept under the Road Transport (Driver 7
Licensing) Act 1998" from section 24G (2) (b) (i). 8
Insert instead "NSW demerit points register kept under the Road Transport 9
Act 2013". 10
[5] Section 36 How person may elect to have matter dealt with by court 11
Omit "demerit points register kept under the Road Transport (Driver 12
Licensing) Act 1998" from section 36 (5) (b). 13
Insert instead "NSW demerit points register kept under the Road Transport 14
Act 2013". 15
[6] Section 38 Circumstances in which person issued with penalty reminder 16
notice for vehicle or vessel offence is not liable to pay penalty 17
Insert "former" before "Road Transport (Safety and Traffic Management) 18
Act 1999" in paragraph (b) of the definition of vehicle or vessel offence in 19
section 38 (4). 20
[7] Section 38 (4), definition of "vehicle or vessel offence" 21
Insert after paragraph (b) of the definition: 22
(b1) an offence relating to a vehicle or vessel (such as 23
exceeding the speed limit) that is detected by an approved 24
traffic enforcement device (within the meaning of the 25
Road Transport Act 2013) and in respect of which the 26
penalty notice is served subsequently on the owner or 27
responsible person for the vehicle or the owner of the 28
vessel, 29
[8] Section 38 (4), definition of "vehicle or vessel offence" 30
Insert "former" before "Road Transport (General) Act 2005" in paragraph (k) 31
of the definition. 32
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[9] Section 38 (4), definition of "vehicle or vessel offence" 1
Insert after paragraph (k): 2
(k1) an offence under Division 2 of Part 7.3 of the Road 3
Transport Act 2013, 4
[10] Section 65 When enforcement action taken under this Division 5
Omit paragraph (a) (i) of the definition of traffic offence in section 65 (6). 6
Insert instead: 7
(i) the road transport legislation (within the meaning of 8
the Road Transport Act 2013) or the former road 9
transport legislation (within the meaning of Part 2 of 10
Schedule 4 to that Act), 11
[11] Section 69 Interim restoration or reinstatement of licence or registration 12
pending appeal etc 13
Omit ", the Road Transport (Vehicle Registration) Act 1997 and the Road 14
Transport (Driver Licensing) Act 1998" from section 69 (3). 15
Insert instead "and the Road Transport Act 2013". 16
[12] Schedule 1 Statutory provisions under which penalty notices issued 17
Insert before the matter relating to the Road Transport (General) Act 2005: 18
Road Transport Act 2013, Division 3 of Part 7.3 19
4.22 Fire Brigades Regulation 2008 20
[1] Clause 9 Appointment as a permanent firefighter 21
Omit "Road Transport (Driver Licensing) Act 1998" from clause 9 (2) (c). 22
Insert instead "Road Transport Act 2013". 23
[2] Clause 10 Appointment as a retained firefighter 24
Omit "Road Transport (Driver Licensing) Act 1998" from clause 10 (2) (c). 25
Insert instead "Road Transport Act 2013". 26
[3] Clause 18 Unacceptable behaviour 27
Omit the definition of drug from clause 18 (3). Insert instead: 28
drug has the same meaning as in the Road Transport Act 2013 29
(paragraph (a) of the definition of drug in section 4 (1) of that Act 30
excepted). 31
Page 29
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.23 Forestry Regulation 2012 1
Clause 6 Control of persons, vehicles and machines in forestry area 2
Omit the definitions of number-plate and registered from clause 6 (9). 3
Insert instead: 4
number-plate means a number-plate issued: 5
(a) under the Road Transport Act 2013, or 6
(b) by a competent authority of another jurisdiction. 7
registered means: 8
(a) registered in Australia within the meaning of the Road 9
Transport Act 2013, or 10
(b) registered in New South Wales under the Interstate Road 11
Transport Act 1985 of the Commonwealth. 12
4.24 Gas Supply (Consumer Safety) Regulation 2012 13
Clause 41 Identification labels 14
Omit "registered under the Road Transport (Vehicle Registration) Act 1997" 15
from clause 41 (2). 16
Insert instead "that is registered within the meaning of the Road Transport 17
Act 2013". 18
4.25 Graffiti Control Act 2008 No 100 19
[1] Part 4A Alternative and additional actions to imposing penalties for 20
certain graffiti offences 21
Omit "Driver Licensing Act" wherever occurring (except in the definitions of 22
demerit points register and Driver Licensing Act in section 13A). 23
Insert instead "Road Transport Act 2013". 24
[2] Section 13A Definitions 25
Omit the definition of demerit points register. Insert instead: 26
demerit points register means the NSW demerit points register 27
within the meaning of the Road Transport Act 2013. 28
[3] Section 13A, definition of "Driver Licensing Act" 29
Omit the definition. 30
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[4] Section 13A, definitions of "learner licence period" and "provisional 1
licence period" 2
Omit "regulations" wherever occurring. Insert instead "statutory rules". 3
[5] Section 13D Orders extending learner and provisional licence periods 4
Omit "section 189 of the Road Transport (General) Act 2005" from 5
section 13D (2). 6
Insert instead "section 207 of the Road Transport Act 2013". 7
[6] Section 13E Graffiti licence orders 8
Omit "section 16AB of the Road Transport (Driver Licensing) Act 1998" from 9
the note to section 13E (1). 10
Insert instead "section 38 of the Road Transport Act 2013". 11
4.26 Health Services Regulation 2008 12
Clause 11C Definitions 13
Omit the definition of traffic offence from clause 11C (1). Insert instead: 14
traffic offence means an offence under any of the following 15
provisions of the Road Transport Act 2013 or a former 16
corresponding provision within the meaning of that Act: 17
(a) section 54 (relating to driving while disqualified or 18
unlicensed), 19
(b) section 110, 111, 112, 117, 118, 146 or 175. 20
4.27 Holiday Parks (Long-term Casual Occupation) Act 2002 21
No 88 22
Section 3 Definitions 23
Omit paragraph (a) of the definition of relocatable home in section 3 (1). 24
Insert instead: 25
(a) a moveable dwelling that is a motor vehicle, trailer or other 26
registrable vehicle within the meaning of the Road 27
Transport Act 2013, or 28
Page 31
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.28 Home Building Act 1989 No 147 1
Section 3 Definitions 2
Omit "capable of being registered under the Road Transport (Vehicle 3
Registration) Act 1997" from the definition of kit home in section 3 (1). 4
Insert instead "a vehicle of a kind capable of being registered within the 5
meaning of the Road Transport Act 2013". 6
4.29 Home Building Regulation 2004 7
Clause 6 Definition of "dwelling"--certain residential buildings and 8
other structures excluded 9
Omit "that is, or is capable of being, registered under the Road Transport 10
(Vehicle Registration) Act 1997" from clause 6 (h). 11
Insert instead "that is, or is a vehicle of a kind capable of being, registered 12
within the meaning of the Road Transport Act 2013". 13
4.30 Homebush Motor Racing (Sydney 400) Act 2008 No 106 14
[1] Section 22 Removal of unattended motor vehicles 15
Omit "authorised officer" from section 22 (2). 16
Insert instead "appropriate officer". 17
[2] Section 22 (3) 18
Omit "section 76 (2)-(8A) of the Road Transport (Safety and Traffic 19
Management) Act 1999". 20
Insert instead "section 143 (2)-(8) of the Road Transport Act 2013". 21
[3] Section 22 (5), definition of "authorised officer" 22
Omit the definition. Insert instead: 23
appropriate officer has the same meaning as in section 143 of the 24
Road Transport Act 2013, but does not include a police officer. 25
[4] Section 30 Suspension of certain Acts 26
Omit section 30 (1) (b). Insert instead: 27
(b) section 115 of the Road Transport Act 2013, 28
Page 32
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.31 Housing Act 2001 No 52 1
Section 69B Access to information for preventing, investigating or 2
prosecuting fraud 3
Omit section 69B (1) (a) and (b). Insert instead: 4
(a) the NSW driver licence register within the meaning of the 5
Road Transport Act 2013, 6
(b) the NSW registrable vehicles register within the meaning 7
of the Road Transport Act 2013, 8
4.32 Impounding Act 1993 No 31 9
[1] Section 43 Police required to provide assistance on request 10
Omit section 43 (2). Insert instead: 11
(2) If the vehicle is or has been registered within the meaning of the 12
Road Transport Act 2013 or under any previous Act that 13
provided for the registration of vehicles, the statement may 14
consist of particulars of the name and address of the last 15
registered operator of the vehicle according to the records kept by 16
Roads and Maritime Services. 17
[2] Dictionary 18
Omit "Road Transport (General) Act 2005" from paragraph (a) of the 19
definition of motor vehicle. 20
Insert instead "Road Transport Act 2013". 21
4.33 Law Enforcement (Powers and Responsibilities) Act 2002 22
No 103 23
[1] Section 3 Interpretation 24
Omit "section 6 of the Road Transport (General) Act 2005" from the 25
definition of owner in section 3 (1). 26
Insert instead "the Road Transport Act 2013". 27
[2] Section 3 (1), definitions of "road" and "road related area" 28
Omit the definitions. Insert instead: 29
road means a road within the meaning of section 4 (1) of the 30
Road Transport Act 2013 (other than a road that is the subject of 31
a declaration made under section 18 (1) (b) of that Act relating to 32
all of the provisions of that Act). 33
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
road related area means a road related area within the meaning 1
of section 4 (1) of the Road Transport Act 2013 (other than a road 2
related area that is the subject of a declaration made under 3
section 18 (1) (b) of that Act relating to all of the provisions of 4
that Act). 5
[3] Section 3 (1), definition of "vehicle" 6
Omit the definition. Insert instead: 7
vehicle includes a motor vehicle, trailer or other registrable 8
vehicle within the meaning of the Road Transport Act 2013. 9
[4] Section 19A Power of police officer to require removal of face coverings 10
for identification purposes 11
Omit paragraph (a) of the definition of photographic identification in 12
section 19A (6). 13
Insert instead: 14
(a) an applicable driver licence (within the meaning of Part 5.1 15
of the Road Transport Act 2013) bearing a photograph of 16
its holder, 17
[5] Section 113 Effect of Part on other powers and duties 18
Omit "Division 3 of Part 2 of the Road Transport (Safety and Traffic 19
Management) Act 1999" from section 113 (1) (b). 20
Insert instead "Division 2 of Part 2 of Schedule 3 to the Road Transport Act 21
2013". 22
[6] Section 134 Orders for the taking of identification particulars 23
Omit section 134 (5) (b) and (c). Insert instead: 24
(b) an offence under section 117 of the Road Transport Act 25
2013 (or a former corresponding provision within the 26
meaning of that Act) of driving a motor vehicle on a road 27
or road related area negligently occasioning death, 28
negligently occasioning grievous bodily harm, furiously or 29
recklessly or at a speed or in a manner that is dangerous to 30
the public, 31
(c) an offence under any of the following provisions of the 32
Road Transport Act 2013 (or any former corresponding 33
provisions within the meaning of that Act): 34
(i) section 110 (1), (2), (3) (a) or (b), (4) (a) or (b) or 35
(5) (a) or (b), 36
Page 34
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
(ii) section 112 (1) (a) or (b), 1
(iii) section 118, 2
(iv) section 146, 3
(v) clause 16 (1) (b) of Schedule 3, 4
(vi) clause 17 (1) or 18 (1) of Schedule 3, 5
[7] Part 12, note 6
Omit the note at the beginning of Part 12. Insert instead: 7
Note. See the Road Transport Act 2013 for particular police powers 8
relating to: 9
(a) traffic accidents, speed measuring devices, forfeiture of 10
prohibited speed measuring evasion articles, random breath 11
testing and other testing and other traffic-related matters, and 12
(b) production of driver licences and disclosure of identity, 13
suspension of licences and seizure of motor vehicles. 14
[8] Section 189B Power to prevent driving by persons who have failed oral 15
fluid test or refused or failed to undergo oral fluid test or refused to 16
provide oral fluid sample 17
Omit section 189B (3). Insert instead: 18
(3) In this section: 19
oral fluid test has the same meaning as in Schedule 3 to the Road 20
Transport Act 2013. 21
prescribed illicit drug has the same meaning as in the Road 22
Transport Act 2013. 23
[9] Section 189C Power to prevent persons who have failed oral fluid test or 24
refused or failed to undergo oral fluid test or refused to provide oral fluid 25
sample supervising learner drivers 26
Omit section 189C (3). Insert instead: 27
(3) In this section: 28
oral fluid test has the same meaning as in Schedule 3 to the Road 29
Transport Act 2013. 30
prescribed illicit drug has the same meaning as in the Road 31
Transport Act 2013. 32
Page 35
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[10] Schedule 1 Acts not affected by this Act 1
Omit the matter relating to the Road Transport (General) Act 2005 and Road 2
Transport (Safety and Traffic Management) Act 1999. 3
Insert instead: 4
Road Transport Act 2013 5
Road Transport (Vehicle and Driver Management) Act 2005 6
[11] Schedule 2 Search warrants under other Acts 7
Omit the matter relating to the Road Transport (General) Act 2005. 8
Insert instead: 9
Road Transport Act 2013, section 255 10
Road Transport (Vehicle and Driver Management) Act 2005, 11
section 157 12
4.34 Law Enforcement (Powers and Responsibilities) 13
Regulation 2005 14
[1] Clause 17 Custody managers not prevented from exercising other 15
functions 16
Omit "Part 2 of the Road Transport (Safety and Traffic Management) 17
Act 1999" from clause 17 (b). 18
Insert instead "Schedule 3 to the Road Transport Act 2013". 19
[2] Clause 36A Definitions 20
Omit "Road Transport (General) Act 2005" wherever occurring in the 21
definition of drive a vehicle and driver of a vehicle and the definition of 22
responsible person. 23
Insert instead "Road Transport Act 2013". 24
4.35 Legal Profession Regulation 2005 25
[1] Clause 4 Meaning of "excluded offence" 26
Omit paragraph (a) of the definition of excluded offence in clause 4 (1). 27
Insert instead: 28
(a) any offence under the road transport legislation (within the 29
meaning of the Road Transport Act 2013) other than the 30
following: 31
Page 36
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
(i) any offence under section 54 (1), (3) or (4) of the 1
Road Transport Act 2013 (which relates to driving 2
while unlicensed and other relevant matters), 3
(ii) any offence under section 110 of the Road 4
Transport Act 2013 (which relates to the presence of 5
a prescribed concentration of alcohol in a person's 6
breath or blood), 7
(iii) any offence under section 112 (1) of the Road 8
Transport Act 2013 (which relates to driving etc 9
while under the influence of alcohol or any other 10
drug), 11
(iv) any offence under section 117 (1) of the Road 12
Transport Act 2013 relating to driving a motor 13
vehicle negligently on a road or road related area if 14
the person concerned is, by way of penalty, 15
sentenced to imprisonment or fined a sum of not less 16
than $200, 17
(v) any offence under section 117 (2) of the Road 18
Transport Act 2013 (which relates to driving a 19
motor vehicle on a road or road related area 20
furiously, recklessly or at a speed or in a manner 21
dangerous to the public), 22
(vi) any offence under section 118 of the Road 23
Transport Act 2013 (which relates to menacing 24
driving), 25
(vii) any offence under section 146 of the Road 26
Transport Act 2013 (which relates to failing to stop 27
and give assistance after an accident), 28
(viii) any offence under section 175 of the Road 29
Transport Act 2013 (which relates to refusing to 30
comply with a requirement to produce a driver 31
licence, or to state name and home address, or 32
stating a false name and home address), 33
(ix) any other offence under the road transport 34
legislation if the court orders the disqualification of 35
the person concerned from holding a driver licence, 36
Page 37
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[2] Clause 4 (2) 1
Omit the subclause. Insert instead: 2
(2) For the purposes of the definition of excluded offence in 3
subclause (1): 4
(a) a reference to an offence under the road transport 5
legislation includes a reference to an offence under: 6
(i) the road transport legislation (within the meaning of 7
the Road Transport (General) Act 2005), as 8
previously in force, and 9
(ii) the Traffic Act 1909, or the regulations under that 10
Act, as previously in force, and 11
(b) a reference to an offence under a provision of an Act 12
specified in paragraph (a) of that definition includes a 13
reference to an offence under a corresponding provision of 14
road transport legislation (within the meaning of the Road 15
Transport (General) Act 2005) or the Traffic Act 1909 (or 16
the regulations under that Act), as previously in force. 17
4.36 Licensing and Registration (Uniform Procedures) Act 2002 18
No 28 19
[1] Section 80D What the photo-access arrangements can provide for 20
Omit "Part 5 of the Road Transport (Driver Licensing) Act 1998" from 21
section 80D (a). 22
Insert instead "Part 3.5 of the Road Transport Act 2013". 23
[2] Section 80G Photographs to which Division applies 24
Omit "Part 5 of the Road Transport (Driver Licensing) Act 1998" wherever 25
occurring. 26
Insert instead "Part 3.5 of the Road Transport Act 2013". 27
[3] Section 80H Keeping and use of photographs 28
Omit "Part 5 (Protection of stored photographs) of the Road Transport (Driver 29
Licensing) Act 1998" from section 80H (1) (f). 30
Insert instead "Part 3.5 of the Road Transport Act 2013". 31
[4] Section 80I Release of photographs 32
Omit "Part 5 (Protection of stored photographs) of the Road Transport (Driver 33
Licensing) Act 1998" from section 80I (1) (f). 34
Insert instead "Part 3.5 of the Road Transport Act 2013". 35
Page 38
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.37 Local Government Act 1993 No 30 1
[1] Section 632 Acting contrary to notices erected by councils 2
Omit "the Road Transport (General) Act 2005" wherever occurring. 3
Insert instead "section 4 (1) of the Road Transport Act 2013". 4
[2] Section 633C Part not to affect roads and traffic functions under other 5
Acts 6
Omit "the Road Transport (General) Act 2005" from section 633C (a). 7
Insert instead "section 4 (1) of the Road Transport Act 2013". 8
[3] Section 633C (b) 9
Omit "Road Transport (Safety and Traffic Management) Act 1999" and "that 10
Act". 11
Insert instead "Road Transport Act 2013" and "section 4 (1) of that Act", 12
respectively. 13
[4] Section 651 Liability of vehicle owner for certain offences 14
Omit section 651 (9). Insert instead: 15
(9) In this section: 16
(a) a reference to a penalty notice is a reference to a penalty 17
notice under Division 3 of Part 7.3 of the Road Transport 18
Act 2013, and 19
(b) a reference to an owner of a vehicle is a reference to the 20
responsible person for the vehicle within the meaning of 21
the Road Transport Act 2013, and 22
(c) a reference to a prescribed officer is a reference to an 23
authorised officer within the meaning of the Road 24
Transport Act 2013. 25
[5] Section 651B Immobilisation of vehicles 26
Omit "Division 2 of Part 5.5 of the Road Transport (General) Act 2005" from 27
section 651B (2) (d). 28
Insert instead "Part 7.6 of the "Road Transport Act 2013". 29
Page 39
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[6] Dictionary 1
Omit paragraph (b) of the definition of manufactured home. 2
Insert instead: 3
(b) that is not a motor vehicle, trailer or other registrable 4
vehicle within the meaning of the Road Transport 5
Act 2013, 6
[7] Dictionary, definition of "public car park" 7
Omit "Road Transport (Safety and Traffic Management) Act 1999". 8
Insert instead "Road Transport Act 2013". 9
4.38 Local Government (General) Regulation 2005 10
[1] Clause 48 Activities for which approval is not required 11
Omit "registered under the Road Transport (Vehicle Registration) Act 1997 12
that" wherever occurring in clause 48 (e) (iii) and (f) (iii). 13
Insert instead "that is registered within the meaning of the Road Transport 14
Act 2013 and". 15
[2] Clause 65 Concurrence required for operation of public car park 16
Omit "Road Transport (General) Act 1999 or, after the repeal of that Act, the 17
Road Transport (General) Act 2005". 18
Insert instead "Road Transport Act 2013". 19
[3] Clause 275 Definitions 20
Omit "Road Transport (Driver Licensing) Act 1998" from the definition of 21
driver licence in clause 275 (1). 22
Insert instead "Road Transport Act 2013". 23
[4] Clause 356E Display of posters 24
Omit "the Road Transport (General) Act 2005" from clause 356E (3) (c). 25
Insert instead "section 4 (1) of the Road Transport Act 2013". 26
[5] Clause 413 27
Omit the clause. Insert instead: 28
413 Parking and related offences for purposes of section 694 29
Any offence for which a penalty notice may for the time being be 30
served under section 195 of the Road Transport Act 2013 by a 31
Page 40
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
Class 12 officer referred to in Schedule 4 to the Road Transport 1
(General) Regulation 2013 is declared to be a parking or related 2
offence for the purposes of section 694 of the Act. 3
Note. The Road Transport (General) Regulation 2013 defines the 4
expression Class 12 officer and lists the offences for which a penalty 5
notice may be served by such an officer. By operation of this clause, any 6
offence in that list is a parking or related offence for the purposes of 7
section 694 of the Act. 8
4.39 Local Government (Manufactured Home Estates, Caravan 9
Parks, Camping Grounds and Moveable Dwellings) 10
Regulation 2005 11
[1] Clause 4 Definitions 12
Omit the definitions of campervan and caravan from clause 4 (1). 13
Insert instead: 14
campervan means a moveable dwelling (other than a caravan) 15
that is designed so as to be capable of being registered (within the 16
meaning of the Road Transport Act 2013) as a motor vehicle, and 17
includes a camper trailer. 18
caravan means a moveable dwelling that is designed so as to be 19
capable of being registered (within the meaning of the Road 20
Transport Act 2013) as a trailer, but does not include a camper 21
trailer. 22
[2] Clause 4 (1), definitions of "park van" and "relocatable home" 23
Omit "capable of being registered under the Road Transport (Vehicle 24
Registration) Act 1997" wherever occurring. 25
Insert instead "a vehicle of a kind that is capable of being registered within the 26
meaning of the Road Transport Act 2013". 27
[3] Clause 79 Plans to accompany applications for approval 28
Omit "capable of being registered under the Road Transport (Vehicle 29
Registration) Act 1997" from clause 79 (6). 30
Insert instead "vehicles of a kind that are capable of being registered within the 31
meaning of the Road Transport Act 2013". 32
Page 41
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.40 Major Events Act 2009 No 73 1
[1] Section 21 Definitions--Subdivision 2 2
Omit "Road Transport (General) Act 2005" from the definition of road 3
transport legislation in section 21 (1). 4
Insert instead "Road Transport Act 2013". 5
[2] Section 22 Relationship with road transport legislation 6
Omit "Part 2.1 of the Road Transport (General) Act 2005" from section 22 (4). 7
Insert instead "section 14 of the Road Transport Act 2013". 8
[3] Section 23 Major event lane signs 9
Omit "the regulations under the Road Transport (Safety and Traffic 10
Management) Act 1999" wherever occurring in section 23 (1) and (2). 11
Insert instead "the statutory rules under the Road Transport Act 2013". 12
[4] Section 23 (3) 13
Omit "Part 4 of the Road Transport (Safety and Traffic Management) 14
Act 1999". 15
Insert instead "Part 5.3 of the Road Transport Act 2013". 16
[5] Section 32 Removal of unattended motor vehicles--generally 17
Omit "section 76 of the Road Transport (Safety and Traffic Management) 18
Act 1999" from section 32 (2). 19
Insert instead "section 143 of the Road Transport Act 2013". 20
[6] Section 33 Removal of unattended motor vehicles--breach of parking 21
restrictions 22
Omit "section 76 of the Road Transport (Safety and Traffic Management) 23
Act 1999". 24
Insert instead "section 143 of the Road Transport Act 2013". 25
[7] Section 35 Removal of unattended motor vehicles--emergencies 26
Omit "authorised officer" from section 35 (1) (b). 27
Insert instead "appropriate officer". 28
Page 42
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[8] Section 35 (2) 1
Omit "section 76 (2)-(8A) of the Road Transport (Safety and Traffic 2
Management) Act 1999". 3
Insert instead "section 143 (2)-(8) of the Road Transport Act 2013". 4
[9] Section 35 (4) 5
Omit the subsection. Insert instead: 6
(4) In this section: 7
appropriate officer has the same meaning as in section 143 of the 8
Road Transport Act 2013. 9
4.41 Marine Parks (Zoning Plans) Regulation 1999 10
Clause 5.13 Special purpose zones--fishing 11
Omit "Division 2 of Part 6 of the Road Transport (Safety and Traffic 12
Management) Regulation 1999" from clause 5.13 (4) (a). 13
Insert instead "Division 2 of Part 6 of the Road Transport (General) 14
Regulation 2013". 15
4.42 Marine Safety Act 1998 No 121 16
[1] Section 20 Definitions 17
Omit "Road Transport (Safety and Traffic Management) Act 1999" wherever 18
occurring in the definitions of breath analysing instrument, breath test and 19
drug in section 20 (1). 20
Insert instead "Road Transport Act 2013". 21
[2] Schedule 1 Alcohol and drug use--random breath testing and related 22
matters 23
Omit the definitions of analyst, breath analysis, prescribed laboratory, 24
prescribed place and prescribed sample taker from clause 1 (1). 25
Insert in alphabetical order: 26
analyst has the same meaning as in Schedule 3 to the Road 27
Transport Act 2013. 28
authorised sample taker has the same meaning as in Schedule 3 29
to the Road Transport Act 2013. 30
breath analysis has the same meaning as in Schedule 3 to the 31
Road Transport Act 2013. 32
Page 43
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
prescribed laboratory means a laboratory prescribed by statutory 1
rules under the Road Transport Act 2013 for the purposes of any 2
of the provisions of Schedule 3 to that Act. 3
prescribed place has the same meaning as in Schedule 3 to the 4
Road Transport Act 2013. 5
[3] Schedule 1, clause 1 (2) 6
Omit "Road Transport (Safety and Traffic Management) Act 1999". 7
Insert instead "Road Transport Act 2013". 8
[4] Schedule 1 9
Omit each expression specified in Column 1 of the following Table wherever 10
occurring (including definitions, headings and notes) and regardless of 11
capitalisation. 12
Insert instead the expression specified in Column 2 opposite the expression 13
specified in Column 1 with capitalisation that corresponds to that of the 14
omitted expression: 15
Table 16
Column 1 Column 2
the medical practitioner, registered nurse or the authorised sample taker
prescribed sample taker
the medical practitioner, nurse or the authorised sample taker
prescribed sample taker
a medical practitioner, registered nurse or an authorised sample taker
prescribed sample taker
a medical practitioner, nurse or prescribed an authorised sample taker
sample taker
the practitioner, nurse or prescribed sample the authorised sample taker
taker
the medical practitioner or nurse the authorised sample taker
a medical practitioner or nurse an authorised sample taker
another medical practitioner or nurse another authorised sample taker
such medical practitioner, registered nurse such authorised sample taker
or prescribed sample taker
Page 44
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[5] Schedule 1, clause 8 1
Omit "regulations under the Road Transport (Safety and Traffic Management) 2
Act 1999 as a hospital for the purposes of Division 4 of Part 2 of that Act". 3
Insert instead "statutory rules under the Road Transport Act 2013 as a hospital 4
for the purposes of Division 4 of Part 2 of Schedule 3 to that Act". 5
[6] Schedule 1, clause 11 (4) 6
Omit the subclause. Insert instead: 7
(4) In this clause: 8
appropriate health professional means: 9
(a) a medical practitioner or registered nurse, or a person of a 10
class or description prescribed by the regulations under 11
this Act, for the proper care and treatment of the person, or 12
(b) a person belonging to a class of persons prescribed by the 13
statutory rules under the Road Transport Act 2013 as being 14
an appropriate health professional for the purposes of 15
clause 18 of Schedule 3 to that Act. 16
[7] Schedule 1, clause 34 (2) (a) 17
Omit "medical practitioners or nurses". 18
Insert instead "authorised sample takers". 19
4.43 Marine Safety (General) Regulation 2009 20
Clause 43 Application of this Part 21
Omit "registered under the Road Transport (Vehicle Registration) Act 1997" 22
from clause 43 (1) (b). 23
Insert instead "registered within the meaning of the Road Transport 24
Act 2013". 25
4.44 Motor Accidents Act 1988 No 102 26
Section 3 Definitions 27
Insert after section 3 (6): 28
(6A) A reference in this Act to an Act that formed part of the road 29
transport legislation (within the meaning of the Road Transport 30
(General) Act 2005) immediately before the repeal or renaming 31
of that Act by the Road Transport Legislation (Repeal and 32
Amendment) Act 2013 is to be read as a reference to that Act as 33
in force immediately before its repeal or renaming. 34
Page 45
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.45 Motor Accidents Compensation Act 1999 No 41 1
[1] Section 3 Definitions 2
Omit the definitions of motor vehicle, registration, road, trader's plate and 3
trailer. 4
Insert in alphabetical order: 5
motor vehicle means a motor vehicle or trailer within the 6
meaning of the Road Transport Act 2013. 7
Note. The Road Transport Act 2013 defines a motor vehicle to mean a 8
vehicle (within the meaning of that Act) that is built to be propelled by a 9
motor that forms part of the vehicle. 10
registration means: 11
(a) registration of a motor vehicle under the Road Transport 12
Act 2013 or the Recreation Vehicles Act 1983, or 13
(b) the issue of an unregistered vehicle permit under the Road 14
Transport Act 2013 for an unregistered motor vehicle, or 15
(c) registration in New South Wales of a motor vehicle under 16
the Interstate Road Transport Act 1985 of the 17
Commonwealth. 18
road means a road or road related area (within the meaning of 19
section 4 (1) of the Road Transport Act 2013), but does not 20
include an area to which the whole of that Act does not apply 21
because of an instrument under that Act. 22
trader's plate means a trader's plate within the meaning of the 23
Road Transport Act 2013. 24
trailer means a trailer within the meaning of the Road Transport 25
Act 2013. 26
Note. The Road Transport Act 2013 defines trailer to mean a vehicle 27
that is built to be towed, or is towed, by a motor vehicle, but does not 28
include a motor vehicle that is being towed. 29
[2] Section 4 Meaning of "owner" of motor vehicle 30
Omit "Road Transport (Vehicle Registration) Act 1997" from 31
section 4 (1) (a) (i). 32
Insert instead "Road Transport Act 2013". 33
[3] Section 10 Third-party policies 34
Omit "Road Transport (Vehicle Registration) Act 1997" from section 10 (b). 35
Insert instead "Road Transport Act 2013". 36
Page 46
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[4] Section 10 (2) 1
Insert at the end of section 10: 2
(2) A policy does not cease to be a third-party policy under this Act 3
merely because the policy refers to an unregistered vehicle permit 4
under the Road Transport (Vehicle Registration) Act 1997 5
instead of an unregistered vehicle permit under the Road 6
Transport Act 2013 (as specified in paragraph (b) of the policy set 7
out in subsection (1)). 8
[5] Section 10A Treatment of certain vehicles for purposes of third-party 9
policy 10
Omit "Road Transport (Vehicle Registration) Act 1997" from 11
section 10A (1) (a). 12
Insert instead "Road Transport Act 2013". 13
[6] Section 33 Claim against Nominal Defendant where vehicle not insured 14
Omit "under the Road Transport (Vehicle Registration) Act 1997" from 15
section 33 (3A). 16
Insert instead "within the meaning of section 4 (1) of the Road Transport 17
Act 2013". 18
[7] Section 34 Claim against Nominal Defendant where vehicle not identified 19
Omit "under the Road Transport (Vehicle Registration) Act 1997" from 20
section 34 (1A). 21
Insert instead "within the meaning of section 4 (1) of the Road Transport 22
Act 2013". 23
[8] Section 140 Defence of voluntary assumption of risk 24
Omit "section 40 of the Road Transport (Safety and Traffic Management) 25
Act 1999" from section 140 (3) (b). 26
Insert instead "section 115 of the Road Transport Act 2013". 27
4.46 Motor Accidents Compensation Regulation 2005 28
[1] Clause 18 Motor vehicles taken to be subject to unregistered vehicle 29
permits 30
Omit clause 18 (1) (k) (ii). Insert instead: 31
(ii) registration charges within the meaning of the Road 32
Transport Act 2013 (exempted under clause 76J (2) 33
of the Road Transport (Vehicle Registration) 34
Regulation 2007). 35
Page 47
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[2] Clause 18 (3) 1
Omit "Road Transport (Vehicle Registration) Act 1997". 2
Insert instead "Road Transport Act 2013". 3
4.47 Motor Dealers Act 1974 No 52 4
[1] Section 4 Definitions 5
Omit "the regulations made under the Road Transport (Vehicle Registration) 6
Act 1997" from paragraph (a) of the definition of inspection report in 7
section 4 (1). 8
Insert instead "the statutory rules under the Road Transport Act 2013". 9
[2] Section 20D Notices to show cause 10
Omit "section 22 (2) or (4) of the Road Transport (Vehicle Registration) Act 11
1997 (Affixing of interstate number-plates on registrable vehicles in New 12
South Wales)" from section 20D (1) (b1). 13
Insert instead "section 73 (1) or (3) of the Road Transport Act 2013". 14
[3] Section 23B Sale by auction of vehicles to which number-plates are 15
attached 16
Omit "Road Transport (Vehicle Registration) Act 1997" from 17
section 23B (3) (a). 18
Insert instead "Road Transport Act 2013". 19
4.48 Motor Dealers Regulation 2010 20
[1] Clause 66 Certificate of inspection 21
Omit "the regulations under the Road Transport (Vehicle Registration) 22
Act 1997" from clause 66 (1). 23
Insert instead "the statutory rules under the Road Transport Act 2013". 24
[2] Clause 69 Savings 25
Insert at the end of the clause: 26
(2) A notice for a form set out in Schedule 3 that is prescribed does 27
not cease to be a notice in or to the effect of that form merely 28
because the notice refers to an inspection report issued in 29
accordance with the regulations under the Road Transport 30
(Vehicle Registration) Act 1997 instead of the statutory rules 31
under the Road Transport Act 2013. 32
Page 48
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[3] Schedule 3 Forms 1
Omit "the regulations under the Road Transport (Vehicle Registration) 2
Act 1997" wherever occurring. 3
Insert instead "the statutory rules under the Road Transport Act 2013". 4
4.49 Motor Sports (World Rally Championship) Act 2009 No 55 5
[1] Section 17 Suspension of certain road and noise legislation 6
Omit section 17 (2) (b). Insert instead: 7
(b) section 115 of the Road Transport Act 2013 or an 8
instrument made under that Act in relation to matters 9
contained in section 115, and 10
[2] Section 17 (3) 11
Omit "Road Transport (General) Act 2005". 12
Insert instead "Road Transport Act 2013". 13
4.50 Motor Vehicle Repairs Act 1980 No 71 14
[1] Section 4 Definitions 15
Omit "Part 2AA of the Road Transport (Vehicle Registration) Act 1997" from 16
the definition of certification work in section 4 (1). 17
Insert instead "Part 4.5 of the Road Transport Act 2013". 18
[2] Section 42 Grounds on which a licence holder may be dealt with under 19
this Part 20
Omit "section 16Q of the Road Transport (Vehicle Registration) Act 1997 or 21
the regulations made under Part 2AA of that Act" from section 42 (1) (d1). 22
Insert instead "section 98 of the Road Transport Act 2013 or statutory rules 23
made for the purposes of Part 4.5 of that Act". 24
[3] Section 73 Authority may require information 25
Omit "section 16Q of the Road Transport (Vehicle Registration) Act 1997" 26
from section 73 (3). 27
Insert instead "section 98 of the Road Transport Act 2013". 28
Page 49
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[4] Section 75 Power of entry and examination 1
Omit "Part 2AA of the Road Transport (Vehicle Registration) Act 1997 and 2
the regulations made under that Part" from section 75 (6). 3
Insert instead "Part 4.5 of the Road Transport Act 2013 and statutory rules 4
made for the purposes of that Part". 5
[5] Section 75B Production of records 6
Omit "Part 2AA of the Road Transport (Vehicle Registration) Act 1997 or the 7
regulations made under that Part" from section 75B (1). 8
Insert instead "Part 4.5 of the Road Transport Act 2013 or the statutory rules 9
made for the purposes of that Part". 10
4.51 Motor Vehicle Sports (Public Safety) Act 1985 No 24 11
[1] Section 3 Definitions 12
Omit "Road Transport (General) Act 2005" from the definition of motor 13
vehicle. 14
Insert instead "Road Transport Act 2013". 15
[2] Section 3, definition of "motor vehicle racing ground" 16
Omit "within the meaning of the Road Transport (General) Act 2005 (other 17
than a road or road related area that is the subject of a declaration made under 18
section 15 (1) (b) of that Act relating to all of the provisions of that Act)". 19
Insert instead "within the meaning of section 4 (1) of the Road Transport Act 20
2013 (other than a road or road related area that is the subject of a declaration 21
made under section 18 (1) (b) of that Act relating to all of the provisions of that 22
Act)". 23
4.52 Motor Vehicles Taxation Act 1988 No 111 24
[1] Section 3 Definitions 25
Omit "Road Transport (Vehicle Registration) Act 1997" from the definition of 26
motor tricycle in section 3 (1). 27
Insert instead "Road Transport Act 2013". 28
[2] Section 3 (1), definition of "motor vehicle" 29
Omit "Road Transport (General) Act 2005". 30
Insert instead "Road Transport Act 2013". 31
Page 50
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[3] Section 3 (1), definition of "registered" 1
Omit "registered under the Road Transport (Vehicle Registration) Act 1997". 2
Insert instead "registered within the meaning of the Road Transport 3
Act 2013". 4
[4] Section 3 (1), definitions of "road" and "road related area" 5
Omit the definitions. Insert instead: 6
road means a road within the meaning of section 4 (1) of the 7
Road Transport Act 2013 (other than a road that is the subject of 8
a declaration made under section 18 (1) (b) of that Act relating to 9
all of the provisions of that Act). 10
road related area means a road related area within the meaning 11
of section 4 (1) of the Road Transport Act 2013 (other than a road 12
related area that is the subject of a declaration made under 13
section 18 (1) (b) of that Act relating to all of the provisions of 14
that Act). 15
[5] Section 3B 16
Omit the section. Insert instead: 17
3B Relationship with Schedule 2 to Road Transport Act 2013 18
This Act applies to motor vehicles in respect of which an amount 19
of tax (including a nil amount) is specified in Schedule 1, but 20
does not apply to: 21
(a) a vehicle in respect of which a registration charge 22
(including a nil charge) is imposed under Schedule 2 to the 23
Road Transport Act 2013, or 24
(b) unless otherwise expressly provided in Schedule 1, a 25
vehicle that is exempt from registration charges under 26
Schedule 2 to the Road Transport Act 2013. 27
Note. Schedule 2 to the Road Transport Act 2013 makes provision for 28
registration charges for heavy vehicles. 29
[6] Section 5 Amount of tax 30
Insert after section 5 (1D): 31
(1E) For the purposes of the calculation of the amount of motor 32
vehicle tax as provided by subsection (1A) for a calendar year (or 33
part of a calendar year) occurring after the commencement of 34
Schedule 2 to the Road Transport Act 2013: 35
(a) any reference in Schedule 1 to charges (including a nil 36
charge) under Part 2A of the Road Transport (Vehicle 37
Page 51
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
Registration) Act 1997 is to be read as a reference to 1
registration charges (including a nil charge) under the 2
Road Transport Act 2013, and 3
(b) any reference in Schedule 1 to a vehicle being exempt from 4
charges under Part 2A of the Road Transport (Vehicle 5
Registration) Act 1997 is to be read as a reference to a 6
vehicle being exempt from registration charges under the 7
Road Transport Act 2013. 8
[7] Section 16 Vehicles totally exempt from tax 9
Omit section 16 (1) (b). Insert instead: 10
(b) any motor vehicle on which a trader's plate is being used 11
in accordance with the Road Transport Act 2013 or the 12
statutory rules under that Act, 13
[8] Section 17 Exemptions granted by Minister 14
Omit section 17 (1) (p). Insert instead: 15
(p) any motor vehicle that is registered conditionally under the 16
statutory rules under the Road Transport Act 2013. 17
4.53 Mount Panorama Motor Racing Act 1989 No 108 18
[1] Section 3 Definitions 19
Omit the definitions of road and road related area. Insert instead: 20
road means a road within the meaning of section 4 (1) of the 21
Road Transport Act 2013 (other than a road that is the subject of 22
a declaration made under section 18 (1) (b) of that Act relating to 23
all of the provisions of that Act). 24
road related area means a road related area within the meaning 25
of section 4 (1) of the Road Transport Act 2013 (other than a road 26
related area that is the subject of a declaration made under 27
section 18 (1) (b) of that Act relating to all of the provisions of 28
that Act). 29
[2] Section 12 Suspension and application of certain legislation etc 30
Omit section 12 (1) (b). Insert instead: 31
(b) section 115 of the Road Transport Act 2013, and 32
[3] Section 12 (3) 33
Omit "Road Transport (General) Act 2005". 34
Insert instead "Road Transport Act 2013". 35
Page 52
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.54 National Parks and Wildlife Act 1974 No 80 1
[1] Section 159 Liability of vehicle owner for parking offences 2
Omit "Road Transport (General) Act 2005" from the definition of owner in 3
section 159 (1). 4
Insert instead "Road Transport Act 2013". 5
[2] Section 184A RMS roads within Kosciuszko National Park 6
Omit "the Road Transport (General) Act 2005" from section 184A (8) (b). 7
Insert instead "section 4 (1) of the Road Transport Act 2013". 8
[3] Section 184A (8) (c) 9
Omit "Road Transport (Safety and Traffic Management) Act 1999 with 10
respect to roads or road related areas within the meaning of that Act". 11
Insert instead "Road Transport Act 2013 with respect to roads or road related 12
areas within the meaning of section 4 (1) of that Act". 13
4.55 National Parks and Wildlife Regulation 2009 14
Clause 7 Use of vehicles, hoofed animals, vessels and machines in parks 15
Omit the definitions of mobility parking scheme authority, number-plate and 16
registered from clause 7 (9). 17
Insert instead: 18
mobility parking scheme authority has the same meaning as in 19
the Road Transport (General) Regulation 2013. 20
number-plate means a number-plate issued: 21
(a) under the Road Transport Act 2013, or 22
(b) by a competent authority of another jurisdiction. 23
registered means: 24
(a) registered in Australia within the meaning of the Road 25
Transport Act 2013, or 26
(b) registered in New South Wales under the Interstate Road 27
Transport Act 1985 of the Commonwealth. 28
Page 53
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.56 Parliamentary Electorates and Elections Act 1912 No 41 1
[1] Section 3 Definitions 2
Omit "Road Transport (Driver Licensing) Act 1998" from the definition of 3
Driver licence in section 3 (1). 4
Insert instead "Road Transport Act 2013". 5
[2] Section 151B Exhibition of posters 6
Omit "the Road Transport (General) Act 2005" from section 151B (4) (c). 7
Insert instead "section 4 (1) of the Road Transport Act 2013". 8
4.57 Passenger Transport Act 1990 No 39 9
[1] Section 3 Definitions 10
Omit the definitions of road and road related area from section 3 (1). 11
Insert instead: 12
road means a road within the meaning of section 4 (1) of the 13
Road Transport Act 2013 (other than a road that is the subject of 14
a declaration made under section 18 (1) (b) of that Act relating to 15
all of the provisions of that Act). 16
road related area means a road related area within the meaning 17
of section 4 (1) of the Road Transport Act 2013 (other than a road 18
related area that is the subject of a declaration made under 19
section 18 (1) (b) of that Act relating to all of the provisions of 20
that Act). 21
[2] Section 9C Accreditation conditions relating to drug and alcohol 22
programs and testing 23
Omit "Division 4 of Part 2 of the Road Transport (Safety and Traffic 24
Management) Act 1999" from section 9C (5). 25
Insert instead "Division 4 of Part 2 of Schedule 3 to the Road Transport 26
Act 2013". 27
[3] Section 32K Stand-by taxi-cabs 28
Omit section 32K (2) (b) and (c). Insert instead: 29
(b) be registered within the meaning of the Road Transport 30
Act 2013, and 31
Page 54
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
(c) in addition to the number-plates referred to in 1
paragraph (a), display the number-plates allocated to that 2
vehicle by virtue of its registration within the meaning of 3
the Road Transport Act 2013, and 4
[4] Schedule 5 Transport safety employees--alcohol or other drugs 5
Omit clause 3 (3). Insert instead: 6
(3) Subject to the regulations, section 109 (Measurement of alcohol 7
concentrations) of the Road Transport Act 2013 applies in 8
relation to the measurement of the concentration of alcohol in a 9
person's breath or blood for the purposes of the regulations in the 10
same way as it applies for the purposes of that Act. 11
4.58 Passenger Transport (Drug and Alcohol Testing) Regulation 12
2010 13
[1] Clause 3 Definitions 14
Omit the definition of breath analysing instrument and breath analysis from 15
clause 3 (1). 16
Insert instead: 17
breath analysing instrument has the same meaning as in the 18
Road Transport Act 2013. 19
breath analysis has the same meaning as in Schedule 3 to the 20
Road Transport Act 2013. 21
[2] Clause 3 (1), definition of "drug" 22
Omit "Road Transport (Safety and Traffic Management) Act 1999" wherever 23
occurring (including the note to the definition). 24
Insert instead "Road Transport Act 2013". 25
[3] Clause 3 (1), definition of "hospital" 26
Omit "Division 4 of Part 2 of the Road Transport (Safety and Traffic 27
Management) Act 1999". 28
Insert instead "Division 4 of Part 2 of Schedule 3 to the Road Transport 29
Act 2013". 30
[4] Clause 3 (2) 31
Omit "Road Transport (Safety and Traffic Management) Act 1999". 32
Insert instead "Road Transport Act 2013". 33
Page 55
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[5] Clause 23 Double jeopardy 1
Omit clause 23 (2) (b). Insert instead: 2
(b) Part 5.1 of, or Schedule 3 to, the Road Transport Act 2013. 3
[6] Clause 24 Alcohol in breath or blood determined by breath analysis 4
Omit "Road Transport (Safety and Traffic Management) Act 1999" from 5
clause 24 (3) (c). 6
Insert instead "Road Transport Act 2013". 7
4.59 Passenger Transport Regulation 2007 8
[1] Clause 3 Definitions 9
Omit "regulation under the Road Transport (Vehicle Registration) Act 1997" 10
from paragraph (a) of the definition of authorised taxi-cab inspection station 11
in clause 3 (1). 12
Insert instead "statutory rule under the Road Transport Act 2013". 13
[2] Clause 3 (1), definition of "driver licence" 14
Omit "Road Transport (Driver Licensing) Act 1998". 15
Insert instead "Road Transport Act 2013". 16
[3] Clause 3 (1), definition of "registration number" 17
Omit "regulations made under the Road Transport (Vehicle Registration) 18
Act 1997". 19
Insert instead "statutory rules made under the Road Transport Act 2013". 20
[4] Clause 48 Definitions 21
Omit "Road Transport (General) Act 2005" from the definition of road and 22
road related area in clause 48 (1). 23
Insert instead "Road Transport Act 2013". 24
[5] Clause 68S Certain vehicles crossing running line at railway crossing 25
Omit clause 68S (2). Insert instead: 26
(2) Subclause (1) (a) does not apply if the vehicle and load comply 27
with the relevant statutory rules under the Road Transport 28
Act 2013 or Road Transport (Vehicle and Driver Management) 29
Act 2005 (or are the subject of a relevant permit under either Act). 30
Page 56
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[6] Clause 105 Buses registered interstate 1
Omit "registered under the Road Transport (Vehicle Registration) Act 1997". 2
Insert instead "registered within the meaning of the Road Transport 3
Act 2013". 4
[7] Clause 110 Maximum age of taxi-cabs 5
Omit "the regulations made under the Road Transport (Vehicle Registration) 6
Act 1997" from clause 110 (6). 7
Insert instead "the statutory rules made under the Road Transport Act 2013". 8
[8] Clause 187 Specifications for private hire vehicles 9
Omit "the regulations made under the Road Transport (Vehicle Registration) 10
Act 1997" from clause 187 (5). 11
Insert instead "the statutory rules made under the Road Transport Act 2013". 12
[9] Clause 239 Authorised officers 13
Omit clause 239 (1) (f). Insert instead: 14
(f) persons holding an examiner's authority that is in force 15
under statutory rules made under the Road Transport 16
Act 2013, 17
4.60 Photo Card Act 2005 No 20 18
[1] Section 6 Eligibility for Photo Card 19
Omit "Road Transport (Driver Licensing) Act 1998" from section 6 (1) (c). 20
Insert instead "Road Transport Act 2013". 21
[2] Section 6 (2), note 22
Omit "section 33 or 34 of the Road Transport (General) Act 1999". 23
Insert instead "Division 4 of Part 7.4 of the Road Transport Act 2013". 24
[3] Section 9 Photograph to be provided 25
Omit "Road Transport (Driver Licensing) Act 1998" from the definition of 26
existing database photograph in section 9 (3). 27
Insert instead "Road Transport Act 2013". 28
[4] Section 14 Keeping the Register 29
Omit "Road Transport (Driver Licensing) Act 1998" from section 14 (5). 30
Insert instead "Road Transport Act 2013". 31
Page 57
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[5] Section 18 Purposes for which photographs may be kept and used 1
Omit "Part 5 (Protection of stored photographs) of the Road Transport (Driver 2
Licensing) Act 1998" from section 18 (1) (e). 3
Insert instead "Part 3.5 (Protection of stored photographs) of the Road 4
Transport Act 2013". 5
[6] Section 19 Release of photographs prohibited 6
Omit "Part 5 (Protection of stored photographs) of the Road Transport (Driver 7
Licensing) Act 1998" from section 19 (1) (g). 8
Insert instead "Part 3.5 (Protection of stored photographs) of the Road 9
Transport Act 2013". 10
[7] Section 26 Unauthorised reproduction of photographs 11
Omit "Road Transport (Driver Licensing) Act 1998" and "regulations under 12
those Acts". 13
Insert instead "Road Transport Act 2013" and "statutory rules under those 14
Acts", respectively. 15
4.61 Photo Card Regulation 2005 16
[1] Clause 3 Definitions 17
Omit "Road Transport (Driver Licensing) Act 1998" from the definition of 18
driver licence. 19
Insert instead "Road Transport Act 2013". 20
[2] Clause 9 Purposes for which photographs may be kept and used 21
Omit "Division 2 (Mobility parking scheme authorities) of Part 6 of the Road 22
Transport (Safety and Traffic Management) Regulation 1999". 23
Insert instead "Division 2 (Mobility parking scheme authorities) of Part 6 of 24
the Road Transport (General) Regulation 2013". 25
4.62 Police Act 1990 No 47 26
[1] Section 203 Wearing or possession of police uniforms by others 27
Omit "Road Transport (General) Act 2005" from the definition of motor 28
vehicle in section 203 (8). 29
Insert instead "Road Transport Act 2013". 30
Page 58
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[2] Section 211A Testing of police officers for alcohol and prohibited drugs 1
Omit section 211A (4C) and (4D). Insert instead: 2
(4C) Any such medical practitioner must take the sample if informed 3
by the authorised person that the sample is required to be taken 4
by the practitioner, but not a sample of blood if such a sample is 5
taken under clause 11 of Schedule 3 to the Road Transport 6
Act 2013 instead. Schedule 3 to the Road Transport Act 2013 7
applies to any taking of a sample pursuant to this subsection as if 8
the sample were a sample of blood taken under clause 11 of that 9
Schedule. 10
(4D) Any sample taken under subsection (4C) is to be dealt with, and 11
a report on the analysis of the sample is to be provided, in 12
accordance with the regulations. However, nothing in this section 13
or the regulations derogates from the operation of Schedule 3 to 14
the Road Transport Act 2013. 15
[3] Section 211A (5A) 16
Omit the subsection. Insert instead: 17
(5A) Subject to the regulations, section 109 (Measurement of alcohol 18
concentrations) of the Road Transport Act 2013 applies in 19
relation to the measurement of the concentration of alcohol in a 20
person's breath or blood for the purposes of this section and the 21
regulations in the same way as it applies for the purposes of that 22
Act. 23
[4] Section 211A (7), definition of "breath test" 24
Omit "Road Transport (Safety and Traffic Management) Act 1999". 25
Insert instead "Road Transport Act 2013". 26
4.63 Police Regulation 2008 27
[1] Clause 76 Definitions 28
Omit "Road Transport (Safety and Traffic Management) Act 1999" wherever 29
occurring in the definitions of breath analysing instrument and breath test. 30
Insert instead "Road Transport Act 2013". 31
[2] Clause 77 Operation of Part 32
Omit "Road Transport (Safety and Traffic Management) Act 1999" wherever 33
occurring in clause 77 (1) and (2). 34
Insert instead "Road Transport Act 2013". 35
Page 59
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.64 Protection of the Environment Operations Act 1997 No 156 1
[1] Section 160 Defences 2
Omit "registrable under the Road Transport (Vehicle Registration) Act 1997" 3
wherever occurring in section 160 (3) (c) and (6) (b). 4
Insert instead "a vehicle of a kind capable of being registered within the 5
meaning of the Road Transport Act 2013". 6
[2] Section 165 Suspension of registration 7
Omit "Road Transport (Vehicle Registration) Act 1997" wherever occurring 8
in section 165 (1) and (6). 9
Insert instead "Road Transport Act 2013". 10
[3] Section 166 Prohibition on registration 11
Omit "Road Transport (Vehicle Registration) Act 1997" from 12
section 166 (1) (a). 13
Insert instead "Road Transport Act 2013". 14
[4] Dictionary 15
Omit "Road Transport (General) Act 2005" wherever occurring in the 16
definitions of motor vehicle and owner. 17
Insert instead "Road Transport Act 2013". 18
4.65 Protection of the Environment Operations (General) 19
Regulation 2009 20
[1] Clause 72 Definitions 21
Omit "Road Transport (General) Act 2005" from the definition of motor 22
vehicle. 23
Insert instead "Road Transport Act 2013". 24
[2] Clause 94 Prohibition on placing advertising material on vehicles 25
Omit "Road Transport (Safety and Traffic Management) Regulation 1999" 26
from clause 94 (2). 27
Insert instead "Road Transport (General) Regulation 2013". 28
Page 60
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.66 Protection of the Environment Operations (Noise Control) 1
Regulation 2008 2
[1] Clause 3 Definitions 3
Omit "Road Transport (Vehicle Registration) Act 1997" from the definition of 4
GVM (gross vehicle mass) in clause 3 (1). 5
Insert instead "Road Transport Act 2013". 6
[2] Clause 3 (1), definition of "mobile air compressor" 7
Omit "capable of being registered under the Road Transport (Vehicle 8
Registration) Act 1997". 9
Insert instead "of a kind capable of being registered within the meaning of the 10
Road Transport Act 2013". 11
[3] Clause 3 (1), definitions of "road" and "road related area" 12
Omit the definitions (including the notes to those definitions). Insert instead: 13
road means a road within the meaning of section 4 (1) of the 14
Road Transport Act 2013 (other than a road that is the subject of 15
a declaration made under section 18 (1) (b) of that Act relating to 16
all of the provisions of that Act). 17
road related area means a road related area within the meaning 18
of section 4 (1) of the Road Transport Act 2013 (other than a road 19
related area that is the subject of a declaration made under 20
section 18 (1) (b) of that Act relating to all of the provisions of 21
that Act). 22
[4] Clause 12 Use of motor vehicles on road or road related area 23
Omit "section 40 of the Road Transport (Safety and Traffic Management) 24
Act 1999" from clause 12 (3) (b). 25
Insert instead "section 115 of the Road Transport Act 2013". 26
[5] Clause 17 Drive or use motor vehicle on road or road related area if 27
vehicle's sound system emits offensive noise 28
Omit "Road Transport (General) Act 2005" from clause 17 (3). 29
Insert instead "Road Transport Act 2013". 30
[6] Clause 26 Defective vehicle notices 31
Omit "Road Transport (Vehicle Registration) Act 1997" from 32
clause 26 (3) (c). 33
Insert instead "Road Transport Act 2013". 34
Page 61
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.67 Public Health (Tobacco) Act 2008 No 94 1
[1] Section 30 Smoking of tobacco in motor vehicle prohibited if juvenile 2
present 3
Omit "Road Transport (Driver Licensing) Act 1998" from section 30 (6) (b). 4
Insert instead "Road Transport Act 2013". 5
[2] Section 30 (8), definitions of "drive" and "motor vehicle" 6
Omit "Road Transport (General) Act 2005" wherever occurring. 7
Insert instead "Road Transport Act 2013". 8
[3] Section 30 (8), definition of "road" or "road related area" 9
Omit "the same meaning as in the Road Transport (General) Act 2005". 10
Insert instead "the same meaning as in section 4 (1) of the Road Transport 11
Act 2013". 12
4.68 Rail Safety (Adoption of National Law) Regulation 2012 13
[1] Clause 3 Definitions 14
Omit the definitions of approved oral fluid analysing instrument, approved 15
oral fluid testing device, breath analysing instrument and breath analysis 16
from clause 3 (1). 17
Insert in alphabetical order: 18
approved oral fluid analysing instrument and approved oral 19
fluid testing device have the same meanings as in the Road 20
Transport Act 2013. 21
breath analysing instrument has the same meaning as in the 22
Road Transport Act 2013. 23
breath analysis has the same meaning as in Schedule 3 to the 24
Road Transport Act 2013. 25
[2] Clause 3 (1), definition of "preliminary breath test" 26
Omit "Road Transport (Safety and Traffic Management) Act 1999". 27
Insert instead "Road Transport Act 2013". 28
[3] Clause 3 (2) 29
Omit "Road Transport (Safety and Traffic Management) Act 1999". 30
Insert instead "Road Transport Act 2013". 31
Page 62
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[4] Clause 28 Certificate evidence about breath analysing instruments 1
Omit "Road Transport (Safety and Traffic Management) Act 1999" from 2
clause 28 (2) (c). 3
Insert instead "Road Transport Act 2013". 4
4.69 Recreation Vehicles Act 1983 No 136 5
[1] Section 4 Definitions 6
Omit "section 172 of the Road Transport (General) Act 2005" from the 7
definition of district registry in section 4 (1). 8
Insert instead "section 176 of the Road Transport Act 2013". 9
[2] Section 4 (1), definition of "motor vehicle" 10
Omit "Road Transport (General) Act 2005". 11
Insert instead "Road Transport Act 2013". 12
[3] Section 4 (1), definitions of "number-plate" and "registered owner" 13
Omit "registered under the Road Transport (Vehicle Registration) Act 1997" 14
wherever occurring. 15
Insert instead "registered within the meaning of the Road Transport 16
Act 2013". 17
[4] Section 5 Application of road transport legislation 18
Omit "section 183 of the Road Transport (General) Act 2005" from 19
section 5 (2). 20
Insert instead "section 195 of the Road Transport Act 2013". 21
[5] Section 5 (3) 22
Omit "Road Transport (General) Act 2005". 23
Insert instead "Road Transport Act 2013". 24
[6] Section 23 Application of certain offences under Road Transport Act 25
2013 26
Omit "9, 12 and 42 of the Road Transport (Safety and Traffic Management) 27
Act 1999" wherever occurring. 28
Insert instead "110, 112 and 117 of the Road Transport Act 2013". 29
Page 63
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[7] Section 24 Prohibition of unregistered vehicles in recreation vehicle 1
areas 2
Omit "the Road Transport (Vehicle Registration) Act 1997" wherever 3
occurring in section 24 (1), (2) and (3). 4
Insert instead "within the meaning of the Road Transport Act 2013". 5
[8] Section 26 Registration plates etc to be attached to motor vehicles 6
Omit "under the Road Transport (Vehicle Registration) Act 1997" from 7
section 26 (b). 8
Insert instead "within the meaning of the Road Transport Act 2013". 9
[9] Section 33 Powers of authorised officers: generally 10
Omit "the Road Transport (Vehicle Registration) Act 1997" from 11
section 33 (4). 12
Insert instead "within the meaning of the Road Transport Act 2013". 13
[10] Section 35 Registered owners to identify drivers of registered motor 14
vehicles 15
Omit "the Road Transport (Vehicle Registration) Act 1997" from 16
section 35 (3). 17
Insert instead "within the meaning of the Road Transport Act 2013". 18
[11] Section 44 Regulations 19
Omit "Road Transport (General) Act 2005" from section 44 (3) (e). 20
Insert instead "Road Transport Act 2013". 21
4.70 Residential Parks Act 1998 No 142 22
Section 3 Definitions 23
Omit the definition of registrable moveable dwelling from section 3 (1). 24
Insert instead: 25
registrable moveable dwelling means a moveable dwelling that 26
is a motor vehicle, trailer or other registrable vehicle within the 27
meaning of the Road Transport Act 2013. 28
Page 64
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.71 Road Obstructions (Special Provisions) Act 1979 No 9 1
[1] Section 3 Definitions 2
Omit "Road Transport (General) Act 2005" from the definition of motor 3
vehicle in section 3 (1). 4
Insert instead "Road Transport Act 2013". 5
[2] Section 3 (1), definition of "owner" 6
Omit paragraph (c) of the definition. Insert instead: 7
(c) any person who is an Australian registered operator of the 8
vehicle within the meaning of the Road Transport 9
Act 2013, 10
[3] Section 3 (1), definition of "public road" 11
Omit the definition. Insert instead: 12
public road means a road or road related area within the meaning 13
of section 4 (1) of the Road Transport Act 2013 (other than a road 14
or road related area that is the subject of a declaration made under 15
section 18 (1) (b) of that Act relating to all of the provisions of 16
that Act). 17
[4] Section 4 Penalty for not moving a motor vehicle obstructing a public 18
road 19
Omit "Road Transport (Driver Licensing) Act 1998, or the regulations 20
thereunder," from section 4 (4). 21
Insert instead "Road Transport Act 2013, or the statutory rules under that 22
Act,". 23
4.72 Roads Act 1993 No 33 24
[1] Section 5 Right of passage along public road by members of the public 25
Omit "Road Transport (General) Act 2005" from section 5 (3) (a). 26
Insert instead "Road Transport Act 2013". 27
[2] Section 52 Tollways 28
Omit "the Road Transport (General) Act 2005" from section 52 (3). 29
Insert instead "section 4 (1) of the Road Transport Act 2013". 30
Page 65
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
[3] Section 52A Transitways 1
Omit "the Road Transport (General) Act 2005" from section 52A (2). 2
Insert instead "section 4 (1) of the Road Transport Act 2013". 3
[4] Section 52A (3) 4
Omit "Road Transport (General) Act 2005". 5
Insert instead "Road Transport Act 2013". 6
[5] Section 87 Traffic control facilities 7
Omit "the Road Transport (General) Act 2005 (other than roads or road 8
related areas that are the subject of any declaration made under section 15 (1) 9
(b) of that Act relating to all of the provisions of that Act)" in section 87 (1). 10
Insert instead "section 4 (1) of the Road Transport Act 2013 (other than roads 11
or road related areas that are the subject of any declaration made under 12
section 18 (1) (b) of that Act relating to all of the provisions of that Act)". 13
[6] Section 87 (3) 14
Omit "the Road Transport (General) Act 2005 (other than a road or road 15
related area that is the subject of any declaration made under section 15 (1) (b) 16
of that Act relating to all of the provisions of that Act)". 17
Insert instead "section 4 (1) of the Road Transport Act 2013 (other than a road 18
or road related area that is the subject of any declaration made under section 18 19
(1) (b) of that Act relating to all of the provisions of that Act)". 20
[7] Section 102 Liability for damage to public road 21
Omit "the Road Transport (General) Act 2005 (other than a road or road 22
related area that is the subject of a declaration made under section 15 of that 23
Act relating to all of the provisions of that Act)" from section 102 (1). 24
Insert instead "section 4 (1) of the Road Transport Act 2013 (other than a road 25
or road related area that is the subject of a declaration made under section 18 26
of that Act relating to all of the provisions of that Act)". 27
[8] Section 144 Permits for road events 28
Omit "section 40 of the Road Transport (Safety and Traffic Management) 29
Act 1999" from section 144 (3). 30
Insert instead "section 115 of the Road Transport Act 2013". 31
Page 66
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[9] Section 144B Roads authority not to obstruct light rail system 1
Omit section 144B (4). Insert instead: 2
(4) Nothing in this section prevents the temporary closure of any 3
road or road related area within the meaning of section 4 (1) of 4
the Road Transport Act 2013 (other than a road or road related 5
area that is the subject of a declaration made under section 18 (1) 6
(b) of that Act relating to all of the provisions of that Act) or the 7
taking of other action that is authorised by section 186 of the Law 8
Enforcement (Powers and Responsibilities) Act 2002. 9
[10] Section 225 Certain fines to be paid into RMS Fund 10
Omit "Road Transport (General) Act 2005" from section 225 (a) (ii). 11
Insert instead "Road Transport (Vehicle and Driver Management) Act 2005". 12
[11] Section 225 (b) 13
Omit "the Road Transport (General) Act 1999 or the Road Transport 14
(General) Act 2005". 15
Insert instead "the Road Transport Act 2013 or a former road transport Act 16
(within the meaning of Part 2 of Schedule 4 to the Road Transport Act 2013)". 17
[12] Section 244 Liability of owner of vehicle for certain driving offences 18
Omit "Part 5.3 of the Road Transport (General) Act 2005" from 19
section 244 (9). 20
Insert instead "Division 3 of Part 7.3 of the Road Transport Act 2013". 21
[13] Dictionary 22
Omit paragraphs (c) and (d) of the definition of owner of a vehicle. 23
Insert instead: 24
(c) an Australian registered operator of the vehicle within the 25
meaning of the Road Transport Act 2013, 26
(d) in the case of a vehicle to which a trader's plate (within the 27
meaning of the Road Transport Act 2013) is attached, the 28
person to whom the trader's plate is issued. 29
Page 67
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
4.73 Royal Botanic Gardens and Domain Trust Regulation 2008 1
Clause 5 Fees and charges 2
Omit "Road Transport (Safety and Traffic Management) Regulation 1999" 3
from clause 5 (1). 4
Insert instead "Road Transport (General) Regulation 2013". 5
4.74 Summary Offences Act 1988 No 25 6
[1] Section 3 Definitions 7
Omit the definitions of road and road related area from section 3 (1). 8
Insert instead: 9
road means a road within the meaning of section 4 (1) of the 10
Road Transport Act 2013 (other than a road that is the subject of 11
a declaration made under section 18 (1) (b) of that Act relating to 12
all of the provisions of that Act). 13
road related area means a road related area within the meaning 14
of section 4 (1) of the Road Transport Act 2013 (other than a road 15
related area that is the subject of a declaration made under 16
section 18 (1) (b) of that Act relating to all of the provisions of 17
that Act). 18
[2] Section 11H Intimidatory use of vehicles and vessels 19
Omit section 11H (3) (b). Insert instead: 20
(b) an offence under section 118 (Menacing driving) of the 21
Road Transport Act 2013 (or a former corresponding 22
provision within the meaning of that Act). 23
4.75 Sydney Olympic Park Authority Act 2001 No 57 24
[1] Section 4 Definitions 25
Omit "the Road Transport (Safety and Traffic Management) Act 1999" 26
wherever occurring in the definition of road in section 4 (1). 27
Insert instead "section 4 (1) of the Road Transport Act 2013". 28
[2] Section 41 Traffic management plans 29
Omit "Road Transport (General) Act 2005" from section 41 (6). 30
Insert instead "Road Transport Act 2013". 31
Page 68
Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
[3] Section 43 Effect of road closure 1
Omit "Road Transport (General) Act 2005". 2
Insert instead "Road Transport Act 2013". 3
[4] Section 44 Removal of unattended motor vehicles and trailers 4
Omit "Section 76 of the Road Transport (Safety and Traffic Management) Act 5
1999" from section 44 (3). 6
Insert instead "Section 143 of the Road Transport Act 2013". 7
[5] Section 44 (4) 8
Omit "Road Transport (Safety and Traffic Management) Act 1999". 9
Insert instead "Road Transport Act 2013". 10
[6] Section 46 Parking 11
Omit "the pay parking regulations (being the regulations made under the Road 12
Transport (Safety and Traffic Management) Act 1999 in respect of pay 13
parking)". 14
Insert instead "the statutory rules made under the Road Transport Act 2013 in 15
respect of pay parking". 16
[7] Section 78 Liability of owner of vehicle for certain parking offences 17
Omit "section 43 of the Road Transport (General) Act 1999" from the note to 18
section 78 (1). 19
Insert instead "Division 2 of Part 7.3 of the Road Transport Act 2013". 20
4.76 Tow Truck Industry Act 1998 No 111 21
[1] Section 3 Definitions 22
Omit the definitions of driver licence, motor vehicle, road and road related 23
area from section 3 (1). 24
Insert in alphabetical order: 25
driver licence means a driver licence within the meaning of the 26
Road Transport Act 2013. 27
motor vehicle means a motor vehicle (other than a light rail 28
vehicle) or trailer within the meaning of the Road Transport 29
Act 2013. 30
road means a road within the meaning of section 4 (1) of the 31
Road Transport Act 2013 (other than a road that is the subject of 32
Page 69
Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
a declaration made under section 18 (1) (b) of that Act relating to 1
all of the provisions of that Act). 2
road related area means a road related area within the meaning 3
of section 4 (1) of the Road Transport Act 2013 (other than a road 4
related area that is the subject of a declaration made under 5
section 18 (1) (b) of that Act relating to all of the provisions of 6
that Act). 7
[2] Section 17 Application for licence 8
Omit "Road Transport (General) Act 2005" from section 17 (2) (e). 9
Insert instead "Road Transport Act 2013". 10
[3] Section 26 Restrictions on granting drivers certificate 11
Omit "Road Transport (Driver Licensing) Act 1998" from section 26 (5). 12
Insert instead "Road Transport Act 2013". 13
[4] Section 66 Compliance with directions at scene of accident 14
Omit the note to section 66 (1). Insert instead: 15
Note. It is an offence under section 142 (4) of the Road Transport 16
Act 2013 to fail to comply with any direction given by a police officer or 17
other appropriate officer in the exercise of the officer's functions of 18
removing an obstruction to traffic on a road or road related area. 19
4.77 Tow Truck Industry Regulation 2008 20
[1] Clause 3 Definitions 21
Omit "Road Transport (General) Act 2005" from the definition of owner in 22
clause 3 (1). 23
Insert instead "Road Transport Act 2013". 24
[2] Clause 40B Definitions 25
Omit "Road Transport (General) Act 2005" wherever occurring in the 26
definitions of gross combination mass and gross vehicle mass. 27
Insert instead "Road Transport Act 2013". 28
[3] Clause 54 Stand-by tow trucks 29
Omit "registered under the Road Transport (Vehicle Registration) Act 1997" 30
from clause 54 (3) (b). 31
Insert instead "registered within the meaning of the Road Transport 32
Act 2013". 33
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
4.78 Transport Administration Act 1988 No 109 1
[1] Section 3 Definitions 2
Omit "Road Transport (General) Act 2005" from paragraph (e) of the 3
definition of transport legislation in section 3 (1). 4
Insert instead "Road Transport Act 2013". 5
[2] Section 45E Interpretation 6
Omit "the Road Transport (General) Act 2005" wherever occurring in the 7
definitions of road and road related area in section 45E (1). 8
Insert instead "section 4 (1) of the Road Transport Act 2013". 9
[3] Section 78 Payments into RMS Fund 10
Omit section 78 (1) (b). Insert instead: 11
(b) all money received by or on account of RMS, except: 12
(i) any tax paid under the Motor Vehicles Taxation 13
Act 1988, and 14
(ii) any registration charges or administration fees paid 15
under Schedule 2 to the Road Transport Act 2013 or 16
any other fees or charges prescribed under that Act 17
in connection with vehicle registration, and 18
(iii) any fees paid under the Road Transport Act 2013 in 19
connection with driver licensing, and 20
(iv) any fees or charges prescribed under the Driving 21
Instructors Act 1992 or the Recreation Vehicles 22
Act 1983, and 23
(v) any money received under the Tow Truck Industry 24
Act 1998, and 25
(vi) any money excluded from paragraph (a), and 26
(vii) any money excluded from this paragraph by the 27
regulations, and 28
[4] Section 80H Payments into Community Road Safety Fund (as inserted 29
by the Transport Administration Amendment (Community Road Safety 30
Fund) Act 2012 No 70) 31
Omit section 80H (4). Insert instead: 32
(4) In this section: 33
camera recorded speeding offence means: 34
(a) an average speed detected offence within the meaning of 35
Division 2 of Part 7.3 of the Road Transport Act 2013, and 36
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Schedule 4 Other consequential amendments of Acts and statutory rules
(b) a speeding offence (other than an average speed detected 1
offence) in respect of which the penalty notice or the court 2
attendance notice indicates that the offence was detected 3
by the appropriate approved traffic enforcement device 4
(within the meaning of Division 2 of Part 7.3 of the Road 5
Transport Act 2013) for the offence. 6
camera recorded traffic light offence means a traffic light 7
offence (within the meaning of Division 5 of Part 5.3 of the Road 8
Transport Act 2013) in respect of which the penalty notice or the 9
court attendance notice indicates that the offence was detected by 10
the appropriate approved traffic enforcement device (within the 11
meaning of Division 2 of Part 7.3 of that Act) for the offence. 12
[5] Section 104N Light rail system 13
Omit "Road Transport (General) Act 2005" from section 104N (3). 14
Insert instead "Road Transport Act 2013". 15
[6] Section 104N (6) 16
Omit the subsection. Insert instead: 17
(6) In this section: 18
road means a road or road related area within the meaning of 19
section 4 (1) of the Road Transport Act 2013 (other than a road 20
or road related area that is the subject of a declaration made under 21
section 18 (1) (b) of that Act relating to all of the provisions of 22
that Act). 23
[7] Section 106 Grants to councils in connection with use of buses 24
Omit "Part 2A of the Road Transport (Vehicle Registration) Act 1997" from 25
section 106 (2). 26
Insert instead "Schedule 2 to the Road Transport Act 2013 (or a former 27
corresponding provision within the meaning of that Act)". 28
[8] Section 116 Liability of vehicle owner for parking offences on Authority's 29
land 30
Omit paragraph (b) of the definition of owner in section 116 (7). 31
Insert instead: 32
(b) in the case of a motor vehicle: 33
(i) a registered operator of the vehicle within the 34
meaning of the Road Transport Act 2013, except 35
where the person has sold or otherwise disposed of 36
the vehicle and has complied with any applicable 37
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Road Transport Legislation (Repeal and Amendment) Bill 2013
Other consequential amendments of Acts and statutory rules Schedule 4
provisions of that Act or the former Road Transport 1
(Vehicle Registration) Act 1997 (or the statutory 2
rules made under either Act) in respect of the sale or 3
disposal, and 4
(ii) in the case of a vehicle to which a trader's plate 5
within the meaning of the Road Transport Act 2013 6
is affixed--the person to whom the trader's plate 7
has been issued. 8
4.79 Transport Administration (General) Regulation 2005 9
[1] Clause 3 Definitions 10
Omit "Division 1 of Part 4 of the Road Transport (Safety and Traffic 11
Management) Act 1999" from the definition of prescribed traffic control 12
device in clause 3 (1). 13
Insert instead "Part 5.3 of the Road Transport Act 2013". 14
[2] Clause 9 Prescribed traffic control facilities 15
Omit "Road Transport (General) Act 1999". 16
Insert instead "Road Transport Act 2013". 17
Page 73
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