Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT LEGISLATION AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Road
Transport Legislation Amendment Bill 2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Road Transport
Legislation Amendment Bill 2008
A Bill for
An Act to amend legislation about road transport
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport Legislation Amendment Act
2008.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
Part
2 Road Transport (Driver Licensing)
Act 1999
3 Legislation
amended—pt 2
This part amends the Road Transport (Driver Licensing) Act
1999.
4 Consequences
of incurring demerit points—holder of
licenceNew section 16 (2A) and
(2B)
insert
(2A) If the person’s licence is already suspended (the current
suspension) under a territory law, before serving a notice of licence
suspension the road transport authority must serve a notice on the person
stating that—
(a) the person has incurred the demerit points; and
(b) the licence suspension under section 18 is additional to, not
concurrent with, the current suspension; and
(c) the person will be served with a notice of licence suspension under
section 18.
(2B) Failure to comply with subsection (2A) does not affect the validity
of anything done by the road transport authority or a court.
5 Demerit
points not affected by licence suspension etc under another
lawSection 24 (1) and
(2)
substitute
(1) A period of licence suspension under this division is additional to,
not concurrent with, any period of licence suspension otherwise imposed under
this division or another territory law.
(2) A period of disqualification from holding or obtaining a driver
licence under this division is additional to, not concurrent with, any period of
disqualification or licence suspension otherwise imposed under this division or
another territory law.
Part
3 Road Transport (Driver Licensing)
Regulation 2000
6 Legislation
amended—pt 3
This part amends the Road Transport (Driver Licensing)
Regulation 2000.
7 Demerit
points incurred by learner and provisional licence
holdersNew section 124 (2A) and
(2B)
insert
(2A) If the person’s licence is already suspended (the current
suspension) under a territory law, before serving a notice of licence
suspension the road transport authority must serve a notice on the person
stating that—
(a) the person has incurred the demerit points; and
(b) the licence suspension under section 125 is additional to, not
concurrent with, the current suspension; and
(c) the person will be served with a notice of licence suspension under
section 125.
(2B) Failure to comply with subsection (2A) does not affect the validity
of anything done by the road transport authority or a court.
8 Demerit
points incurred by holders of licences with additional provisional
classNew section 127 (4) and
(5)
insert
(4) If the person’s additional provisional class is already
suspended (the current suspension) under a territory law, before
serving a notice of additional provisional class suspension the road transport
authority must serve a notice on the person stating that—
(a) the person has incurred the demerit points; and
(b) the additional provisional class suspension under section 128 is
additional to, not concurrent with, the current suspension; and
(c) the person will be served with a notice of additional provisional
class suspension under section 128.
(5) Failure to comply with subsection (4) does not affect the validity of
anything done by the road transport authority or a court.
9 Demerit
points incurred by restricted licence
holdersNew section 130 (2A) and
(2B)
insert
(2A) If the person’s licence is suspended (the current
suspension) under a territory law, before serving a notice of licence
cancellation the road transport authority must serve a notice on the person
stating that—
(a) the person has incurred the demerit points; and
(b) the licence cancellation under this section is additional to, not
concurrent with, the current suspension; and
(c) the person will be served with a notice of licence cancellation under
this section.
(2B) Failure to comply with subsection (2A) does not affect the validity
of anything done by the road transport authority or a court.
10 Demerit
points incurred by probationary licence
holdersNew section 132 (3) and
(4)
insert
(3) If the person’s licence is suspended (the current
suspension) under a territory law, before serving a notice of licence
cancellation the road transport authority must serve a notice on the person
stating that—
(a) the person has incurred the demerit points; and
(b) the licence cancellation under section 133 is additional to, not
concurrent with, the current suspension; and
(c) the person will be served with a notice of licence cancellation under
section 133.
(4) Failure to comply with subsection (3) does not affect the validity of
anything done by the road transport authority or a court.
11 Demerit
points—pt 8 not affected by suspension etc under another
lawSection 135 (1) and
(2)
substitute
(1) A period of licence suspension under this part is additional to, not
concurrent with, any period of licence suspension otherwise imposed under this
division or another territory law.
(2) A period of disqualification from holding or obtaining a driver
licence under this part is additional to, not concurrent with, any period of
disqualification or licence suspension otherwise imposed under this division or
another territory law.
Part
4 Road Transport (Safety and Traffic
Management) Act 1999
12 Legislation
amended—pt 4
This part amends the Road Transport (Safety and Traffic Management) Act
1999.
13 Meaning
of relevant information for pt
6Section 22A (1) (c)
substitute
(c) if the vehicle is being driven in contravention of a regulation about
traffic lights—
(i) the general direction and lane in which the vehicle is being driven;
and
(ii) the time a red traffic light or red traffic arrow facing the driver
of the vehicle is showing before the driver contravenes the regulation;
and
14 Use
of camera detection devicesSection 23 (1)
(a)
substitute
(a) take complying images of vehicles being driven in contravention of a
regulation about traffic lights;
15 Evidentiary
certificates etcSection 25 (5)
(e)
substitute
(e) if the information indicates the length of time a red traffic light or
red traffic arrow facing the driver of the vehicle had been showing—that
the light or arrow shown in the image had been showing for the stated time
before the driver contravened a regulation about traffic lights.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
[Index]
[Search]
[Download]
[Related Items]
[Help]