Motor Traffic Act (No 5) 1976 (ACT)

No. 52 of 1976

AN ORDINANCE

To amend the Motor Traffic Ordinance 1936.

I, T H E G O V E R N O R - G E N E R A L of the Commonwea l th of Austra l ia , act ing with the advice of the Federa l Execut ive Counci l , hereby m a k e the following Ord inance under the Seat of Government (Administra­

tion) Act 1910 .

Dated this twenty-first day of October , 1976.

J O H N R. K E R R

Governor-Genera l .

By His Excellency's C o m m a n d ,

A. A. S T A L E Y

Minister of State for the Capi ta l Terr i tory.

M O T O R T R A F F I C O R D I N A N C E ( N o . 5 ) 1976

1. This Ord inance may be cited as the Motor Traffic Ordinance

(No. 5) 1976 .*

2 . In this Ord inance , " Principal Ord inance " means the Motor

Traffic Ordinance 1 9 3 6 . t

3 . Section 159 of the Principal Ord inance is amended by adding at the end thereof the following sub-sec t ions :—

" ( 1 0 ) A t the hear ing of a prosecution for a park ing infringement,

a certificate signed by the Regis t rar or a Deputy Regis t rar and s tat ing that a person specified in the certificate has not, in relat ion to that infringement, furnished a s tatutory declarat ion to the Regis t rar for the purpose of a provision of this section is evidence of the mat te r so stated.

" ( 1 1 )	F o r the purpose of sub-section ( 1 0 ) —
( a )	a documen t tha t purpor ts to have been signed by the Regis­ t rar shall be taken to have been so signed unless the con­ trary is proved; and

* N o t i f i e d in the Australian Government Gazette o n 2 6 O c t o b e r 1976 .

t O r d i n a n c e N o . 45. 1936 as a m e n d e d . F o r re ferences t o a m e n d i n g O r d i n a n c e s m a d e be fore 1976 .see f o o t n o t e f t o

O r d i n a n c e N o . 3 , 1976. F o r a m e n d m e n t s m a d e d u r i n g 1976 see O r d i n a n c e s N o s . 3 , 16, 2 3 a n d 3 1 , 1976 .

(b) a document that purports to have been signed by a Deputy Registrar shall be taken to have been so signed unless the contrary is proved. ".

4.   Section 162 of the Principal Ordinance is amended—

(a) by omitting paragraph (5) (c) and substituting the follow­ ing paragraph:—

" ( c )	contains a notification to the person on whom it is served that, if he does not wish the matter to be dealt with by the Court, he may pay the amount of the prescribed penalty specified in the notice within the period of 14 days after the date of the notice;";
(b)	by omitting sub-section (7) and substituting the following sub-sections:—

" (7 ) Where a parking infringement notice has been served and, before the expiration of the period of 14 days after the date of the notice or within such further time (not exceeding 28 days) as the Registrar, whether before or after the expiration of that period, allows, the amount of the prescribed penalty is paid in accordance with the notice—

(a)	any liability of a person in respect of the alleged parking infringement shall be deemed to be discharged;
(b)	no further proceedings shall be taken in respect of the alleged parking infringement; and
(c)	no person shall be regarded as having been con­ victed for the alleged parking infringement.

" ( 7 A ) At the hearing of a prosecution for a parking infringement, a certificate signed by the Registrar or a Deputy Registrar and stating that a parking infringement notice, a copy of which is attached to the certificate, was,

on the date specified in the certificate, duly served by

securely placing the notice or affixing the notice, as the case may be, in a conspicuous position upon the motor vehicle specified in the certificate is evidence of the matters so stated.

" ( 7 B ) At the hearing of a prosecution for a parking infringement in respect of which a parking infringement notice has been served, a certificate signed by the Registrar or a Deputy Registrar and stating—

(a) that the Registrar did not allow further time, for the purpose of sub-section ( 7 ) , for the payment of the prescribed penalty in respect of the infringement; and

(b) that the prescribed penalty in respect of the infringe­ ment was not paid in accordance with the notice within 14 days after the date of the notice,

is evidence of the matters so stated.

" (7c) At the hearing of a prosecution for a parking infringement in respect of which a parking infringement notice has been served, a certificate signed by the Registrar or a Deputy Registrar and stating—

(a)	that the Registrar allowed, for the purpose of sub­ section ( 7 ) , the further time specified in the cer­ tificate for the payment of the prescribed penalty in respect of the infringement; and
(b)	that the prescribed penalty in respect of the infringement was not paid in accordance with the notice within 14 days after the date of the notice or within the further time allowed by the Registrar for the purpose of sub-section ( 7 ) ,

is evidence of the matters so stated.

" ( 7 D ) For the purposes of sub-sections ( 7 A ) , ( 7 B )

and	( 7 c ) —
(a)	a document that purports to have been signed by the Registrar shall be taken to have been so signed unless the contrary is proved; and
(b)	a document that purports to have been signed by a Deputy Registrar shall be taken to have been so signed unless the contrary is proved. "; and

(c) by omitting from sub-section (8) the words " the last pre­ ceding sub-section " and substituting the word and figures " sub-section (7) ".