Motor Traffic (Amendment) Act 1983 (NSW)
MOTOR TRAFFIC (AMENDMENT) ACT, 1983, No. 35
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Act No. 35, 1983.
An Act to amend the Motor Traffic Act, 1909, so as to provide indemnifica- tion in respect of the making of certain reports as to the medical fitness of certain persons; and to make further provisions with respect to the blood testing of persons involved in motor accidents and the disqualifi- cation of certain persons from holding drivers' licenses. [Assented to,
22nd April, 1983.]
Act No. 35, 1983.
Motor Traffic {Amendment).
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 "Motor Traffic (Amendment) Act,
1983".
Commencement.
(1) Except as provided by this section, this Act shall commence on the date of assent to this Act.
2.
(2) Section 5, in its application to a provision of Schedule 1 or 2, shall commence on the day on which the provision commences.
(3) Schedule 2 (2) (b), (2) (d) and (4) shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
Principal Act.
The Motor Traffic Act, 1909, is referred to in this Act as the Principal
Act.
| Schedules. |
This Act contains the following Schedules:—
SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL ACT RELATING
TO MEDICAL REPORTS.
SCHEDULE 2.—MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL
ACT.
SCHEDULE 3.—SAVINGS AND TRANSITIONAL PROVISIONS.
Act No. 35, 1983. 3
Motor Traffic (Amendment).
Amendment of Act No. 5, 1909.
5. The Principal Act is amended in the manner set forth in Schedules
1 and 2.
Savings and transitional provisions.
6. Schedule 3 has effect.
SCHEDULE 1.
(Sec. 5.)
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO
MEDICAL REPORTS.
(1) Section 17 (1)—
Omit "Nothing", insert instead "Except as provided by section 17A, nothing".
(2) Section 17A—
After section 17, insert:—• Indemnification for medical reporting.
17A. (1) In this section, "registered person" means a person registered under the Medical Practitioners Act, 1938, the Optometrists Act, 1930, or the Physiotherapists Registration Act, 1945, and includes a person registered or licensed under a prescribed Act or under the prescribed provisions of a prescribed Act.
Act No. 35, 1983.
Motor Traffic (Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO
MEDICAL REPORTS—continued.
(2) No civil or criminal liability is incurred by a registered
person for—
(a) expressing to the Commissioner or an officer of the Depart- ment of Motor Transport, whether in writing or otherwise, an opinion that a specified person whom the registered person has examined or treated may not, by reason of— (i) illness or bodily or mental infirmity, defect or incapacity; or
(ii) the effects of treatment for any such illness, infirmity, defect or incapacity,
be competent or medically fit to drive a motor vehicle with
safety to the public; or
(b)
stating to the Commissioner or such an officer, whether in writing or otherwise, the nature of any such illness, infirmity, defect, incapacity, effect or treatment.
SCHEDULE 2.
(Sec. 5.)
MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT.
| (1) Section 2 ( 1 ) , definition of "Major offence"— |
In paragraph (a), after "10A", insert "(1)" .
(2) (a) Section 4 F (5) (da) —
After section 4F (5) (d), insert:—
(da) the requirement that he take a sample of blood from the person arose after the expiration of 12 hours after the accident concerned occurred or he believed on reason- able grounds that the requirement so arose;
Act No. 35, 1983. 5 Motor Traffic (Amendment).
SCHEDULE 2—continued.
M l S C LLANEOUS A M E N D M E N T S TO THE PRINCIPAL A C T continued. (b) Section 4 F (7)—
After "person" where firstly occurring, insert "(other than a pedestrian involved in the accident concerned)".
(c) Section 4 F (7) (b )—
After "medical practitioner", insert ", or a person of a prescribed class or description,".
(d) Section 4 F ( 7 A ) — After section 4 F (7), insert:—
(7A) Any person (being a pedestrian involved in the
accident concerned) who—
(a)
by reason of his behaviour, prevents a medical prac- titioner from taking a sample of his blood in accord- ance with this section; or
(b)
between the time of the accident concerned and the taking of a sample of his blood in accordance with this section wilfully does anything to alter the con- centration of alcohol in Iiis blood (except at the direction or under the supervision of a medical prac- titioner, or a person of a prescribed class or descrip- tion, for the proper care and treatment of the person),
shall be guilty of an offence under this Act.
(e) Section 4 F ( 7 B ) — Before section 4F (8), insert:—
( 7 B ) It is a defence to a prosecution of a person for an offence under subsection (7) or (7A) of wilfully doing anything to alter the concentration of alcohol in his blood if he satisfies the court that he did the thing after the expiration of 2 hours after the accident concerned occurred.
6 Act No. 35, 1983.
Motor Traffic {Amendment).
SCHEDULE 2—continued.
MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT—continued.
(f) Section 4 F (11)—
Omit "action lies against", insert instead "civil or criminal liability is incurred by".
(g) Section 4 F (11) (a )—
Omit "or".
(h) Section 4 F (11) (b)—
Omit "section,", insert instead "section; or".
(i) Section 4 F (11) (c )—
After section 4 F (11) (b), insert:—
(c) he was informed by a member of the police force that the person was a person from whom he was required to
take the sample under this section,
(j) Section 4 F (11)—
Omit "against" where secondly occurring, insert instead "by".
(3) Section 4G (11) (a )—
Omit the paragraph, insert instead:— (a)
that he received, on a specified day, a portion of a sample of a specified person's blood in a container submitted for analysis under this section;
(4) (a) Section 10A (2 )—
Omit "crime or offence (whether of the same or a different kind) of the class referred to in this section", insert instead "major offence (whether of the same or a different kind)".
. •
Act No. 35, 1983. 7 Motor Traffic {Amendment).
SCHEDULE 2—continued.
MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) Section 10A (2) (b), (3) (b)—
After " ( I F ) " wherever occurring, insert "or section 5 (2)".
(c) Section 10A (3)—
Omit "crimes or offences (whether of the same or a different kind) of the class referred to in this section", insert instead "major offences (whether of the same or a different kind)".
SCHEDULE 3.
(Sec. 6.)
SAVINGS AND TRANSITIONAL PROVISIONS.
Defence for failing to take blood sample.
1. Section 4 F (5) (da) of the Principal Act, as amended by this Act, applies to and in respect of offences committed before the commencement of Schedule 2 (2) (a ) , as well as to and in respect of offences committed after that commencement, except where proceedings before a court of petty sessions for such an offence have been concluded before that commencement.
Defence for altering concentration of alcohol.
2. Section 4 F ( 7 B ) of the Principal Act, as amended by this Act, applies to and in respect of offences committed before the commencement of Schedule 2 (2) (e) , as well as to and in respect of offences committed after that commencement, except where proceedings before a court of petty sessions for such an offence have been concluded before that commencement.
Offences by pedestrians not to be major offences.
3. An offence under section 4 F (7) of the Principal Act committed by a pedestrian involved in the accident concerned before the commencement of Schedule 2 (2) (b) shall be deemed not to be, and shall be deemed never to have been, an offence to or in respect of which section 10A of the Principal Act applies or applied.
Act No. 35, 1983.
Motor Traffic (Amendment).
SCHEDULE 3—continued.
SAVINGS AND TRANSITIONAL PROVISIONS—continued.
Indemnification for medical practitioners.
4. Section 4 F (11) of the Principal Act, as amended by this Act, applies to and in respect of anything done before the commencement of Schedule 2 (2) ( f ) - ( j ) , as well as to and in respect of anything done after that commencement.
Former P.C.A. offences to be taken into account for license disqualification.
5. (1) Offences committed under section 4 E (1) or ( 1 B ) of the Principal Act as in force before 17th December, 1982, shall be disregarded for the purposes of section 10A of the Principal Act, except for the purpose of the application of section 10A of the Principal Act to major offences committed after the commencement of Schedule 2 (4) .
(2) Nothing in subclause (1) limits the power of a court to order disqualification under section 10A of the Principal Act.
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