Motor Traffic Act 1973 (ACT)

No. 1 of 1973

AN ORDINANCE

Relating to Motor Traffic.

1 T H E GOVERNOR-GENERAL in and over the Commonwealth of	,
Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of	Government

(Administration) Act 1910-1972.

Dated this eleventh day of January, 1973.

PAUL HASLUCK Governor-General.

By His Excellency's Command,

KEP ENDERBY

Minister of State for the Capital Territory.

MOTOR TRAFFIC ORDINANCE 1973

1.—(1.) This Ordinance may be cited as the Motor Traffic Ordinance 1973.*

(2.) The Motor Traffic Ordinance 1936-1972f is in this Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Motor Traffic Ordinance 1936-1973.

2 . — ( 1 . ) Section 164D of the Principal Ordinance is amended by

omitting from paragraph (a) of sub-section (2.) the words " , in the

Nos . 3 and 10, 1972.

opinion of the Registrar,".

(2.) Section 164D of the Principal Ordinance is amended by adding at the end thereof the following sub-sections:—

" (4.) A person aggrieved by a decision of the Registrar refusing to give, or revoking, a certificate under paragraph (a) of sub-section (2.) of this section, may, within fourteen days after notice of the decision is served on him, appeal to the Court against the decision.

" (5.) The Registrar shall be the respondent to an appeal.

" (6 . ) The Court may—

(a) affirm, set aside or vary the decision of the Registrar;

* Notified in the Commonwealth Gazette on 18 January 1973.

t Ordinance N o . 45, 1936, as amended by Nos . 25 and 41, 1938; N o . 16, 1941; N o . 14, 1942; Nos . 2 and 13,

1943; N o . 3 ,1945; Nos . 6 and 13,1947; N o . 7, 1950; N o . 17,1951; Nos . 1 and 7, 1955; N o . 6, 1956; N o . 19, 1957; Nos. 10 and 15, 1958; Nos . 7 and 21, 1959; N o . 11, 1960; Nos . 16 and 17, 1962; N o . 21, 1963; N o . 8, 1964; Nos . 9

and 13, 1965; N o . 19, 1966; N o . 2, 1968; Nos . 27 and 29, 1969; N o . 27, 1970; Nos . 13, 17, 37 and 39, 1971; and

(b) make such order as to the Court seems proper; or

(c) make such other order as justice requires.

" (7.) On the hearing of an appeal under this section from a decision of the Registrar based on the opinion or belief of the Registrar in relation to a matter, the Court shall determine the appeal on its opinion or belief in relation to that matter.

" (8.) Where an appeal is made under this section against a decision of the Registrar revoking a certificate, the certificate shall, notwith­ standing the Registrar's decision but subject to this Ordinance, be deemed to have continued, and continues, in force pending the determination of the appeal.".

3 . After section 190 of the Principal Ordinance the following section is inserted:—

" 190A .—(1.) Subject to this section, a person who, on or after the expiration of the period of two months after the commencement of this section—

(a)	drives on a public street a motor cycle or a motor cycle to which a side-car is attached; or
(b)	is carried on a public street on a motor cycle or in a side­ car attached to a motor cycle,

is guilty of an offence if—

(c) he is not wearing a safety helmet;

(d)	he is wearing a safety helmet other than a safety helmet of an approved type; or
(e)	he is wearing a safety helmet of an approved type that is not appropriately adjusted on his head.

" (2.) The penalty for an offence against the last preceding sub­ section is a fine not exceeding Twenty dollars.

" (3.) It is a defence to a prosecution for an offence against sub­ section (1. ) of this section if—

(a) at the time of the alleged offence the motor cycle or the motor cycle and side-car was travelling at a speed of less than twenty-five miles per hour and the defendant estab­ lishes that a medical practitioner has issued to the defen­ dant a certificate in writing that, in the opinion of the medical practitioner, it is undesirable—

(i) on medical grounds; or

(ii)   by reason of the physical characteristics of the defendant,

for the defendant to wear a safety helmet and that, at the time of the alleged offence that certificate had not been revoked, or, if that certificate was expressed to be valid for a specified period that period had not elapsed; or

(b) the defendant establishes that he was, at the time of the alleged offence, a resident of a State or another Territory

of the Commonwealth and he was wearing a safety helmet of a type that was, at that time, approved for the purposes of the provisions of the law of that State or Territory that correspond to this section.

" (4.) In this section, a reference to a safety helmet of an approved type shall be read as a reference—

(a)	to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955-1966 together with the letter and figures ' E33 ';
(b)	to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955-1966 together with the letter and figures ' E43 ';
(c)	to a helmet that has applied to it the letters and figures ' AS E33 ' or the letters and figures ' AS E43 '; or
(d)	to a helmet that is a helmet to which this paragraph applies.

" (5.) A helmet is a helmet to which paragraph (d) of the last preceding sub-section applies if—

(a)	the helmet is a helmet of a kind that is specified by the Registrar by notice published in the Gazette as being a kind of helmet that is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (a) of the last pre­ ceding sub-section; or
(b)	the helmet is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (a) of the last preceding sub-section.

" (6.) The Registrar shall cause to be kept at each place referred
to in sub-section (5.) of section 7A of this Ordinance a copy of each

notice referred to in paragraph (a) of the last preceding sub-section

inspection by that person at a time when that place is open to the	and shall, at the request of a person, make that copy available for
public".