Motor Traffic Act (No 2) 1976 (ACT)

No. 16 of 1976

AN ORDINANCE

Relating to Motor Traffic.

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Adminis­ tration) Act 1910-1973.

Dated this thirteenth day of April, 1976.

JOHN R. KERR Governor-General.

By His Excellency's Command,

A. A. STALEY

Minister of State for the Capital Territory.

MOTOR TRAFFIC ORDINANCE (No. 2) 1976

1. (1) This Ordinance may be cited as the Motor Traffic Ordi­ nance (No. 2) 1976.*
(2) The Motor Traffic Ordinance 1936-1974,t as amended by the Motor Traffic Ordinance 1976,J is in this Ordinance referred to as the Principal Ordinance.

(3) Section 1 of the Motor Traffic Ordinance 1976 is amended by omitting sub-section ( 3 ) .

(4) The Principal Ordinance, as amended by this Ordinance, may be cited as the Motor Traffic Ordinance 1936-1976.

t Ordinance N o . 3, 1976.

2 . Section 192A of the Principal Ordinance is repealed and the following section substituted:—
" 1 92A. (1 ) Where a person is convicted of an offence of culpable driving, the court by which he is convicted may—

(a)	if the person holds a driving licence—suspend the licence for such period as the court thinks fit or cancel the licence; or
(b)	if the person does not hold a driving licence (whether or not he is to be deemed to be licensed to drive a motor vehicle under section 107 or 108 of this Ordinance)— disqualify the person from holding a driving licence for

• Notified in the Australian Government Gazette on 21 April 1976.
f 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; No. 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; No. 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;

Nos . 3 and 10,1972; Nos. 1,32, 3 8 , 4 1 , 4 2 and 57, 1973; and Nos . 4 , 1 2 , 2 3 , 3 7 , 4 8 and 49. 1974.

such period as the court thinks fit or until such time as the court declares him to be a fit and proper person to hold such a licence.

" (2) The powers conferred on a court by this section are in

addition to any other powers of the court.
" (3 ) Where the Court of Petty Sessions, in pursuance of section 92A of the Court of Petty Sessions Ordinance 1930-1974, commits a person to the Supreme Court for sentence, sub-section (1) applies as if the person had been convicted by the Supreme Court.

" (4) Where a court makes an order under this section, the court

shall cause particulars of the order to be forwarded to the Registrar.".