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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation Amendment Bill
2020
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Road Transport Act 2013 No 18 3
Schedule 2 Amendment of other legislation 11
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2020
New South Wales
Road Transport Legislation Amendment Bill
2020
Act No , 2020
An Act to make miscellaneous amendments to the Road Transport Act 2013 and related
legislation following a statutory review of that Act.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Road Transport Legislation Amendment Bill 2020 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Road Transport Legislation Amendment Act 2020.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by
subsections (2) and (3).
(2) Schedule 2.5 commences immediately after the commencement of Schedule 4.86 to
the Statute Law (Miscellaneous Provisions) Act 2020.
(3) Schedule 1[2]-[8], [17]-[29], [33], [34] and [37] and Schedule 2.2 commence on a
day or days to be appointed by proclamation.
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Schedule 1 Amendment of Road Transport Act 2013 No 18
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
foreign driver licence means a licence, however described, to drive a motor
vehicle that is--
(a) held by a person who is ordinarily resident in a foreign country and not
a permanent resident of Australia, and
(b) issued in the country in which the person is ordinarily resident.
[2] Section 9 Determination of "first offence" and "second or subsequent offence"
Omit ", within the applicable re-offending period (if any) for the offence concerned," from
section 9(2)(a).
[3] Section 9(2)(c)
Insert at the end of section 9(2)(b)--
, and
(c) the person committed the previous offence within the applicable
re-offending period for the offence concerned.
[4] Section 9(2A)
Omit "(the new offence), that offence".
Insert instead "or the statutory rules (the new offence), the new offence".
[5] Section 9(2A)(a)
Omit "being convicted of". Insert instead "committing".
[6] Section 9(3)
Omit "subsection (2)(a)". Insert instead "subsection (2)(c)".
[7] Section 9(3)(a)
Insert "immediately before the person committed the new offence" after "years".
[8] Section 9(5)(f)
Insert at the end of section 9(5)(e)--
, or
(f) for a previous offence committed in another jurisdiction--a court finds
that the previous offence is an equivalent offence.
[9] Section 22 Database of declarations and orders made under this Division
Omit the section.
[10] Section 40 Suspension or cancellation of licence
Omit section 40(4) and (5).
[11] Section 41 Licence ineligibility
Omit section 41(6) and (7).
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
[12] Section 41A
Insert after section 41--
41A Deletion of demerit points
(1) All demerit points recorded in the NSW demerit points register against a
person at the date of a notice of licence suspension or notice of licence
ineligibility given to the person under this Division, and taken into account for
the purposes of the notice, are taken to be deleted--
(a) if the person's driver licence has been suspended under this Division--
on the commencement of the period of suspension, or
(b) if the person has become ineligible under this Division to be issued
with, and to apply for, a driver licence--on the commencement of the
period of licence ineligibility, or
(c) if the person has lodged an appeal in relation to the licence suspension
or licence ineligibility--on the determination of the appeal.
(2) Demerit points that are taken not to be deleted in the circumstances referred to
in subsection (1) are to be taken into account for the purposes of sections 40(1)
and 41(1) from the end of the period of licence suspension or period of licence
ineligibility, as the case may be.
(3) Nothing in this section prevents Transport for NSW from retaining records of
deleted demerit points incurred by any person.
[13] Section 55 Photographs to which this Part applies
Insert at the end of the section--
(2) This Part does not apply to a photograph provided to Transport for NSW by a
person for the sole purpose of establishing the person's identity.
[14] Section 57 Release of photographs prohibited
Insert after section 57(1)(h)--
(ha) with the consent of the person whose likeness is shown in the
photograph or on the database, or
(hb) to the Secretary, within the meaning of the Tattoo Parlours Act 2012,
for the purpose of enabling the Secretary to exercise functions in
relation to licences under that Act, or
[15] Section 59 Cancellation or suspension of driver licence for certain speeding
offences or alcohol or other drug related driving offences
Insert after section 59(4A)--
(4B) In determining the period specified in a notice to be served on a person under
subsection (3) or (4), Transport for NSW is required to take into account the
period during which the person's driver licence was suspended under an
immediate licence suspension notice given to the person under section 224 for
the same offence.
[16] Section 107 Definitions
Omit the definition of foreign driver licence from section 107(1).
[17] Section 183 Definitions
Insert in alphabetical order in section 183(1)--
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
nomination details of a person means--
(a) the person's name, address and date of birth, and
(b) the number of the person's Australian driver licence or foreign driver
licence, and
(c) if a person holds a foreign driver licence--the jurisdiction that issued
the foreign driver licence.
[18] Sections 183(1) (definition of "relevant nomination document"), 185(3), 186(1)(a), 187
and 224(2)(a) and (4)(b1), (b2), (c) and (d)
Omit "served with" wherever occurring. Insert instead "issued with".
[19] Sections 185(1), 186(1) and (1A), 187(b), 190(3) and 191(c)
Omit "name and address" and "names and addresses" wherever occurring.
Insert instead "nomination details".
[20] Section 185 When responsible person not liable for parking offence
Omit "service on" wherever occurring in section 185(1)(a) and (b).
Insert instead "the issue to".
[21] Sections 185(2) and (3) and 186(2)
Omit "served on" wherever occurring. Insert instead "issued to".
[22] Section 186 Duty to inform if person not driver of vehicle committing camera
recorded offence
Omit "service" from section 186(1). Insert instead "the issue".
[23] Section 186(3)
Omit "served". Insert instead "issued".
[24] Section 188 Offences relating to nominations
Omit "that name and address" from section 188(1). Insert instead "the nomination details".
[25] Sections 188(1) and 189(4)
Omit "100 penalty units" wherever occurring in the penalty provisions.
Insert instead "200 penalty units".
[26] Section 188(1A)
Insert after section 188(1)--
(1A) For the purposes of subsection (1), if a person is a corporation, the person
must--
(a) nominate an officer of the corporation to undertake to ascertain the
nomination details of the person who was in charge of the vehicle at the
time the offence occurred, and
(b) require the nominated officer to complete a statutory declaration as to
the efforts undertaken to ascertain the nomination details, and
(c) provide the authorised officer or court, as the case may be, with the
statutory declaration of the nominated officer.
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
[27] Section 188(3)
Omit "either a false name or address (or both a false name and address) for the person is".
Insert instead "false nomination details for the person are".
[28] Section 190 Use of statutory declarations as evidence
Insert "or (1A)" after "188(1)" in section 190(3).
[29] Section 195
Omit sections 195-199. Insert instead--
195 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against the following that is prescribed
by the statutory rules as a penalty notice offence--
(a) the road transport legislation,
(b) the Driving Instructors Act 1992 or the regulations under that Act,
(c) the Heavy Vehicle (Adoption of National Law) Act 2013 or the local
regulations under that Act,
(d) section 650(1) or (4) or 650A(1) or (4) of the Local Government Act
1993, including by operation of section 651 of that Act,
(e) the Motor Accident Injuries Act 2017, the Motor Accidents
Compensation Act 1999 or the regulations under those Acts,
(f) the Recreation Vehicles Act 1983 or the regulations under that Act,
(g) the Roads Act 1993 or the regulations under that Act, including by
operation of section 244 of that Act.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the statutory rules, not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court.
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
relation to offences.
(6) An offence for which a penalty of imprisonment may be imposed under the
road transport legislation, except an offence against section 53(3) of this Act,
cannot be prescribed by the statutory rules as a penalty notice offence.
(7) In addition to a manner of issuing a penalty notice provided for by the Fines
Act 1996, a penalty notice for the following offences may be issued by leaving
the notice on the vehicle in relation to which the offence was committed--
(a) an offence for which the responsible person for the vehicle is guilty
because of Division 2,
(b) an offence for which the owner is guilty because of section 651 of the
Local Government Act 1993.
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(8) The regulations may specify the classes of authorised officer who are
authorised to issue a penalty notice for a specified penalty notice offence.
[30] Section 200 Proceedings for offences
Insert after section 200(2)--
(3) Despite subsection (2), the maximum monetary penalty that may be imposed
by the Local Court for an offence against section 188(1) or (2) or 189(4) is 200
penalty units or the maximum monetary penalty provided for the offence,
whichever is less.
(4) Without limiting section 14 of the Criminal Procedure Act 1986, proceedings
for an offence against the road transport legislation may be commenced by
Transport for NSW or a person authorised in writing by Transport for NSW.
[31] Section 202
Insert after section 201--
202 Period within which certain other proceedings may be commenced
(1) Despite the Criminal Procedure Act 1986 or another Act, proceedings for an
offence against the following provisions may be commenced not later than 2
years after the date alleged to be the date on which the offence was
committed--
(a) section 49(1),
(b) section 54(1)(b), (3)(b), (4)(b), (5)(a)(ii) and (5)(b)(ii),
(c) section 69(1)(a) and (2)(a),
(d) section 110, 111 or 112, to the extent that the offence arises out of an
incident in relation to which the person was charged with an offence
against section 117(1) and the driving occasioned death or grievous
bodily harm,
(e) section 117(1) if the driving occasioned death or grievous bodily harm,
(f) section 145,
(g) section 146.
(2) Despite the Criminal Procedure Act 1986 or another Act, the regulations may
provide that proceedings for an offence against the regulations made under this
Act may be commenced not later than a period, not exceeding 2 years, after
the date alleged to be the date on which the offence was committed.
[32] Section 223A
Insert after section 223--
223A Suspension of foreign driver
(1) The Commissioner of Police may suspend the authority of the holder of a
foreign driver licence to drive in this jurisdiction if the total number of demerit
points specified under section 32 for all relevant offences during the relevant
3-year period is 13 or more.
(2) The suspension must not exceed 14 days.
(3) The Commissioner of Police must immediately--
(a) notify Transport for NSW that the Commissioner has suspended the
authority and the grounds for the suspension, and
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(b) report to Transport for NSW whether in the Commissioner's opinion a
further suspension or the cancellation of the authority is warranted or is
desirable in the interest of public safety.
(4) In this section--
relevant 3-year period means the 3-year period immediately before the
suspension under this section would commence.
relevant offence means an offence against an Act or statutory rule--
(a) for which a penalty notice has been issued to the holder of a foreign
driver licence, and
(b) for which demerit points may, but have not yet been, incurred.
[33] Section 224 When immediate licence suspension notice may be issued by police
officer
Insert "or as the holder of a foreign driver licence" after "driven" in section 224(1)(c)(ii).
[34] Section 239A
Insert after section 239--
239A Extension of additional sanction to corporation owned motor vehicles
(1) A police officer may exercise an authorised power in relation to a motor
vehicle if the police officer reasonably believes--
(a) the registered operator of the motor vehicle is a corporation, and
(b) a circumstance set out in subsection (2), (3) or (4) is made out.
(2) The motor vehicle was operated on a road to commit a sanctionable offence--
(a) on that day, or
(b) during the past 10 days.
(3) The motor vehicle is being operated on a road--
(a) by a person who is disqualified from holding or obtaining a driver
licence, and
(b) to commit an offence, not being a camera recorded offence, of driving
a vehicle at a speed more than 30 kilometres per hour over the
designated speed limit applying to the driver for the length of road at the
time the offence is committed.
(4) The motor vehicle is being operated on a road by a person--
(a) who is disqualified from holding or obtaining a driver licence or who
has never been licensed, and
(b) who has been convicted of an offence against section 53(3) or 54(1) on
2 or more previous occasions within the past 5-year period.
(5) The police officer is to notify Transport for NSW of the exercise of the
authorised power.
(6) Transport for NSW is, as soon as is practicable, to notify the registered
operator of the motor vehicle of the exercise of the authorised power.
(7) For the purposes of this Part--
(a) the exercise of the authorised power of seizure and impoundment is
taken to be the exercise of the power under section 239(1)(a), and
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(b) the exercise of the authorised power of confiscation of number-plates is
taken to be the exercise of the power under section 239(1)(c), and
(c) sections 240, 243 and 245-247 do not apply in relation to the exercise
of an authorised power under this section, and
(d) to avoid doubt, section 248(1)(b) and (2)(b) do not apply to a motor
vehicle impounded or number-plates confiscated under this section, and
(e) section 249(3) is taken to include the following paragraph after
paragraph (b)--
(c) for the exercise of an authorised power under section 239A--
alleged extreme hardship to a person other than the driver of the
motor vehicle who committed, or is alleged to have committed,
the offence that led to the exercise of the power.
(8) In this section--
authorised power means--
(a) to seize and take charge of a motor vehicle and cause it to be moved to
a place determined by the Commissioner of Police, or
(b) to remove and confiscate the number-plates affixed to a motor vehicle
and attach a number-plate confiscation notice to the motor vehicle.
[35] Section 271 Fixing fees for services concerning driver licensing and vehicle
registration
Omit ", or amend, waive or revoke fees," from section 271(1).
[36] Section 271(2A)
Insert after section 271(2)--
(2A) Transport for NSW may waive or remit all or part of a fee fixed under this
section.
[37] Section 276 Service of documents on persons generally
Omit section 276(4).
[38] Section 277A
Insert after section 277--
277A Use of information in registers
(1) Transport for NSW may use information recorded in a register required to be
kept under this Act for the purpose of exercising its functions, including
delegated functions.
(2) Nothing in this section overrides Part 3.5.
[39] Section 279A
Insert after section 279--
279A Reports on liability of corporations for camera recorded offences
(1) Revenue NSW is to prepare a monthly report that contains the following
information for the month--
(a) the number of penalty notices issued to corporations for camera
recorded offences, categorised by each particular offence,
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(b) the number of offences against section 188(1) alleged to have been
committed by a corporation, whether dealt with by penalty notice or
court attendance notice,
(c) the number of times the registration of a registrable vehicle was
suspended because the registered operator of the vehicle was a
corporation that committed an offence under section 188(1).
(2) As soon as reasonably practicable after preparing a report, Revenue NSW is to
make the report available to the public on a NSW Government website.
(3) In this section--
camera recorded offence has the same meaning as in Part 7.3, Division 2.
[40] Schedule 1 Examples of statutory rule-making powers
Insert after clause 3--
3A Offensive or discriminatory material displayed on vehicles
The suspension and cancellation of the registration of a registrable vehicle on
the grounds of offensive or discriminatory material displayed on the vehicle,
including the circumstances in which material is considered to be offensive or
discriminatory.
[41] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Provision consequent on enactment of Road
Transport Legislation Amendment Act 2020
Application of amendments
(1) A previous offence, within the meaning of section 9, extends to an offence
committed before the commencement of the amendments to section 9 made by
the amending Act.
(2) Section 41A applies in relation to notices given before the commencement of
the section if, immediately before the commencement--
(a) the period of suspension has not commenced, or
(b) the licence ineligibility has not taken effect.
(3) A period during which a driver licence is suspended under an immediate
licence suspension notice is to be taken into account under section 59(4B)
even if it occurred before the commencement of that subsection.
(4) Section 200(4) extends to an offence against the road transport legislation
committed before the commencement of the subsection.
(5) Section 202 applies only in relation to an offence committed after the
commencement of the section.
(6) The authority of the holder of a foreign driver licence to drive in this
jurisdiction may be suspended under section 223A even if some or all of the
demerit points were for an offence for which the penalty notice was issued
before the commencement of the section.
(7) In this clause, amending Act means the Road Transport Legislation
Amendment Act 2020.
Page 10
Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Driving Instructors Act 1992 No 3
[1] Section 10 Prerequisites for licence
Omit "after considering a report on the person made under section 13 or any other relevant
matter," from section 10(4)(b).
[2] Sections 12 and 13
Omit the sections.
[3] Section 14 Consideration of information
Omit "report of" from section 14(1). Insert instead "information received from".
[4] Section 14(2)
Omit the subsection.
2.2 Fines Act 1996 No 99
[1] Section 38 Circumstances in which person issued with penalty reminder notice for
vehicle or vessel offence is not liable to pay penalty
Omit "name and address" from section 38(1)(a).
Insert instead "nomination details".
[2] Section 38(1)(b)
Omit "that name and address". Insert instead "the nomination details".
[3] Section 38(3F)
Omit "either a false name or address (or both a false name and address) for the person is".
Insert instead "false nomination details for the person are".
[4] Section 38(4)
Insert in alphabetical order--
Australian driver licence has the same meaning as in the Road Transport Act
2013.
foreign driver licence has the same meaning as in the Road Transport Act
2013.
nomination details of a person means--
(a) the person's name, address and date of birth, and
(b) if the offence relates to a vehicle--
(i) the number of the person's Australian driver licence or foreign
driver licence, and
(ii) if the person holds a foreign driver licence--the jurisdiction that
issued the licence.
2.3 Photo Card Act 2005 No 20
[1] Section 13D, heading
Insert "or use" after "Release".
Page 11
Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 2 Amendment of other legislation
[2] Section 13D
Omit "may use and release information (including photographs) in the Register to the
Secretary or the Chief Executive Officer of Service NSW if the release of the information
is for the purpose of the issue of a digital Photo Card".
Insert instead--
may--
(a) use information, including photographs, in the Register for the purpose
of exercising its functions, including delegated functions, or
(b) release information, including photographs, in the Register if the release
of the information is for the purposes of--
(i) the issue of a digital Photo Card, or
(ii) the use of a digital Photo Card, or
(iii) verifying the authenticity of a digital Photo Card.
[3] Section 15 Security of information on Register
Insert "or used" after "released".
2.4 Road Transport (General) Regulation 2013
[1] Part 2, Division 1 Database of declarations and orders
Omit the Division.
[2] Clause 149
Insert after clause 148--
149 Limitation period for certain offences
For the purposes of section 202(2) of the Act, the following provisions of the
Road Transport (Vehicle Registration) Regulation 2017 are prescribed as
provisions for which proceedings may be commenced not later than 2 years
after the date alleged to be the date for an offence on which the offence was
committed--
(a) clause 68(8)-(10),
(b) clause 69(4) and (6),
(c) clause 85(5),
(d) clause 93.
[3] Schedule 1 Fees
Omit the matter relating to item 1.
2.5 Road Transport (Driver Licensing) Regulation 2017
Clause 104 Use of information by TfNSW
Omit the clause.
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Road Transport Legislation Amendment Bill 2020 [NSW]
Schedule 2 Amendment of other legislation
2.6 Road Transport (Vehicle Registration) Regulation 2017
Clause 45 Suspension or cancellation of registration by Authority
Omit "a second or subsequent offence under section 188(1) of the Act or a former
corresponding provision in relation to any vehicle of the registered operator in any 3 year
period" from clause 45(3).
Insert instead "an offence under section 188(1) of the Act".
Page 13
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