Metropolitan Traffic (Amendment) Act 1985 (NSW)

METROPOLITAN TRAFFIC (AMENDMENT) ACT 1985 No. 203

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ANNO TRICESIMO QUARTO

ELIZABETHS II REGINS

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Act No. 203, 1985

An Act to amend the Metropolitan Traffic Act 1900 to extend its operation to the whole of the State and to increase the penalties under that Act; and for other purposes. [Assented to, 10th December, 1985.]

Sec also Local Government (Traffic) Amendment Act 1985.

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Act No. 203

Metropolitan Traffic (Amendment) 1985

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Metropolitan Traffic (Amendment) Act

1985".

Commencement

2.     (1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2)     Except as provided by subsection (1), this Act shall commence on

such day as may be appointed by the Governor and notified by proclamation

published in the Gazette.

Schedules

3.     This Act contains the following Schedules:

SCHEDULE 1—AMENDMENTS TO THE METROPOLITAN

TRAFFIC ACT 1900

SCHEDULE 2—AMENDMENTS TO THE METROPOLITAN

TRAFFIC ACT 1900 BY WAY OF STATUTE LAW REVISION

Amendment of Act No. 8, 1900

4. The Metropolitan Traffic Act 1900 is amended in the manner set

forth in Schedules 1 and 2.

Repeal of Act No. 4, 1913

5.     (1) The Metropolitan Traffic (Amendment) Act 1913 is repealed.

(2) The amendments made by sections 2, 3, 4 and 7 of the Metropolitan Traffic (Amendment) Act 1913 continue to have force and effect as if those sections had not been repealed by this Act.

51011-09218—76

Metropolitan Traffic (Amendment) 1985

SCHEDULE 1

(Sec. 4)

AMENDMENTS TO THE METROPOLITAN TRAFFIC ACT 1900

(1) Long t i t l e -

Omit "within a certain metropolitan area".

(2) Section 1—

Omit "Metropolitan", insert instead "General".

(3) Section 2—

Omit the section, insert instead:

Application of Act

2.     This Act applies to the whole of the State.

(4) Section 4, definition of "Public street"—

After "thoroughfare", insert "or footpath".

(5) Section 7(1) (1)—

Omit "twenty dollars", insert instead "$200".

(6) Section 9 A —

Before section 10, insert:

Drivers, etc., under the influence of intoxicating liquor or drug

9A. (1) Any person who drives or rides any vehicle on a

public street while under the influence of intoxicating liquor or

of a drug shall be guilty of an offence against this Act.

(2) In this section, "drug" has the same meaning as it has in

section 5 (2) of the Motor Traffic Act 1909.

(7) Section 20—

Omit "twenty dollars", insert instead "$200".

Act No. 203

Metropolitan Traffic (Amendment) 1985

SCHEDULE I—continued

AMENDMENTS TO THE METROPOLITAN TRAFFIC ACT 1900—

continued

(8) Section 22A—

After section 22, insert:

References to Metropolitan Traffic Act 1900

In any other Act (other than the Metropolitan Traffic (Amendment) Act 1985), in any instrument made under any Act or in any other instrument of any kind, a reference to the Metropolitan Traffic Act 1900 shall be read as a reference to the General Traffic Act 1900.

22A.

SCHEDULE 2

(Sec. 4)

AMENDMENTS TO THE METROPOLITAN TRAFFIC ACT 1900

BY WAY OF STATUTE LAW REVISION

(1) Sections 3, 5, 8, 9, 13, 15, 16, 18, 19, 23, 25, 26—

Omit the sections.

(2) Section 4, definitions of "Commissioners", "Licensed","Public vehicle"—

Omit the definitions.

(3) (a) Section 7(1) (e)—	Omit "the names and addresses of the owners of such vehicles or of the
holders of licenses in respect of the same", insert instead "of the names and
addresses of the owners of those vehicles".

(b) Section 7(1) (g)—
Omit ", and the holder of a license in respect of any such vehicle".

(4) Section 1 3A (2)—

Omit "court of petty sessions holden before a stipendiary or police magistrate", insert instead "Local Court constituted by a Magistrate sitting alone".

Metropolitan Traffic (Amendment) 1985

SCHEDULE 2—continued

AMENDMENTS TO THE METROPOLITAN TRAFFIC ACT 1900 BY WAY OF

STATUTE LAW REVISION—continued

(5) Section 17—

Omit the section, insert instead:

Publication of regulations

17. Section 41 of the Interpretation Act 1897 applies in respect of a regulation made under this Act as if this Act had been passed after the commencement of the Interpretation (Amendment) Act 1969.

(6) Section 21 —

Omit the section, insert instead:

Proceedings for offences

21.     Proceedings for an offence against this Act or the regulations shall be

dealt with summarily before a Local Court constituted by a Magistrate sitting

alone.

(7) (a) Section 22—

Omit "court of petty sessions", insert instead "Local Court".

(b) Section 22—

Omit "; and shall, in the manner prescribed, note the conviction on any license under this Act held by the person so convicted, and may by order cancel or suspend his license, and may order the delivery of the license to some person to be named in the conviction".

(8) Schedule-

Omit the Schedule.