Motor Traffic (Amendment) Act (No 2) 1983 (ACT)
AUSTRALIAN CAPITAL TERRITORY 57 Motor Traffic (Amendment) Ordinance
(No. 2) 1983
No. 18 of 1983
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 (Administration) Act 1910.
Dated 11 August 1983.
N. M. STEPHEN Governor-General
By His Excellency's Command,
TOM UREN
Minister of State for Territories and Local Government
An Ordinance to amend the Motor Traffic Ordinance 1936
Short title
1. This Ordinance may be cited as the Motor Traffic (Amendment) Ordinance (No. 2) 1983}
| 4. Section 15 of the Principal Ordinance is amended by omitting "Ten dollars" and substituting "$40". |
Commencement
2. This Ordinance shall come into operation on such date as is fixed by the Minister of State for Territories and Local Government by notice in the Gazette.
Principal Ordinance
3. In this Ordinance, "Principal Ordinance" means the Motor Traffic Ordinance 1936}
Driving licence to be signed
58 Motor Traffic (Amendment) (No. 2) No. 18,1983 Sale or disposal of registered motor vehicle or trailer
5. Section 22 of the Principal Ordinance is amended—
(a)
by omitting from sub-section (1) "Forty dollars" and substituting "$40"; and
(b)
by omitting from sub-section (4) "Forty dollars" and substituting "$80".
Dangerous, &c, driving
6. Section 129 of the Principal Ordinance is amended—
(a) by omitting from sub-section (1) "negligently or"; and (b) by inserting after sub-section (1) the following sub-section: "(lA) The driver of a motor vehicle shall not drive the motor vehicle upon a public street negligently.".
Careless or inconsiderate driving
7. Section 130 of the Principal Ordinance is amended by omitting "Twenty dollars" and substituting "$ 100".
Wearing of seat belt by driver of prescribed vehicle
8. Section 164B of the Principal Ordinance is amended by omitting "$20"
and substituting "$80".
Wearing of seat belts by passengers in prescribed vehicles
9. Section 164c of the Principal Ordinance is amended by omitting from
sub-section (2) "$20" and substituting "$80".
Children and young persons in prescribed vehicles
10. Section 164D of the Principal Ordinance is amended—
(a) by omitting from sub-section (1) "$20" and substituting "$80"; (b)
by omitting from sub-section (2) "$20" and substituting "$80"; and (c) by omitting from sub-section (3) "$20" and substituting "$80". 11. After section 180 of the Principal Ordinance the following section is
inserted in Part XI:
Traffic infringement notices
"180A. (1) In this section—
(a) a reference to a prescribed offence shall be read as reference to— (i) an offence against section 142;
(ii) an offence against section 145;
(iii) an offence against a provision of this Ordinance specified in Column 2 of items 1 to 6 (inclusive) in Schedule 6; and
(iv) an offence against a provision of the Motor Traffic Regulations specified in Column 2 of items 7 and 8 in Schedule 6;
Motor Traffic (Amendment) (No. 2) No. 18,1983 59
| (b) | a reference, in relation to an offence against section 142, to a prescribed penalty shall be read as a reference— |
(i) in the case of a person who is alleged to have driven a motor vehicle upon a public street at a speed not more than 15 kilometres per hour in excess of the maximum speed applicable in relation to that public street—to a penalty of $40;
(ii) in the case of a person who is alleged to have driven a motor vehicle upon a public street at a speed of more than 15 kilometres per hour in excess of the maximum speed applicable in relation to that public street but not more than 30 kilometres per hour in excess of that maximum speed—to a penalty of $60; and
(iii) in any other case—to a penalty of $80;
(c) a reference, in relation to an offence against section 145, to a prescribed penalty shall be read as a reference— (i) in the case of a person who is alleged to have driven a motor vehicle referred to in that section upon a public street at a speed not more than 10 kilometres per hour in excess of the maximum speed ascertained in accordance with that section to a penalty of$50;and
(ii) in any other case—to a penalty of $80; and
(d) a reference, in relation to a prescribed offence specified in Column 2 of an item in Schedule 6, to a prescribed penalty shall be read as a reference to the penalty specified in Column 3 of that item.
"(2) Where a member of the Police Force has reason to believe that a person has committed a prescribed offence, he may serve, or cause to be served, on the person a traffic infringement notice in accordance with this section.
"(3) A traffic infringement notice shall—
(a) state the name of the member of the Police Force who serves the
notice, or causes the notice to be served; (b)
specify the day on which and the time and place at which the prescribed offence is alleged to have been committed;
(c) specify the nature of the alleged prescribed offence; (d)
contain 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 in relation to that prescribed offence, being the amount specified in the notice, within the period of 28 days after the date of the notice unless the notice is sooner withdrawn;
(e)
specify the place at which, and the manner in which, the prescribed penalty may be paid; and
(f)
contain a statement setting out the procedures under this section relating to the withdrawal of notices and the consequences of the withdrawal of a notice,
60 Motor Traffic (Amendment) (No. 2) No. 18,1983 and may contain such other particulars, if any, as the Minister considers
necessary."(4) Where a traffic infringement notice has been served dn a person, the Commissioner of Police may, at any time before the expiration of the period of 28 days after the date of the notice, by notice in writing served on the person in accordance with this section, withdraw the traffic infringement notice.
"(5) Where a traffic infringement notice has been served on a person and
before—
(a)
the expiration of the period of 28 days after the date of the notice or such further period (not exceeding 28 days) as the Commissioner of Police, whether before or after the expiration of the first-mentioned period, allows; or
(b) the notice is withdrawn, whichever first occurs, the amount of the prescribed penalty in relation to the
alleged prescribed offence is paid in accordance with the notice—
(c)
any liability of the person in respect of the alleged prescribed offence shall be deemed to be discharged;
(d)
no further proceedings shall be taken in respect of the alleged prescribed offence; and
(e)
the person shall not be regarded as having been convicted of the alleged prescribed offence.
"(6) Where—
(a) a traffic infringement notice has been served on a person; (b)
the person has paid the prescribed penalty in relation to the alleged prescribed offence in accordance with the notice; and
(c) the notice is subsequently withdrawn, the Commissioner of Police shall cause to be refunded to the person an amount
equal to the prescribed penalty so paid by the person.
"(7) A traffic infringement notice, or a notice of withdrawal of a traffic infringement notice, may be served on a person—
(a) by delivering the notice to the person personally; (b) by sending the notice to the person by post addressed to him at his last-known place of residence or business; or (c) by leaving the notice at the last-known place of residence or business of the person with a person apparently over the age of 16 years and apparently resident or employed at that place. "(8) At the hearing of a prosecution for a prescribed offence in respect of which a traffic infringement notice has been served, a certificate signed by the Commissioner of Police, or his delegate, and stating—
(a)
that the Commissioner, or the delegate, as the case may be, did not allow a further period, for the purpose of paragraph (5) (a), for the
Motor Traffic (Amendment) (No. 2) No. 18,1983 61 payment of the prescribed penalty in relation to the prescribed offence;
and
(b)
that the prescribed penalty in relation to the prescribed offence was not paid in accordance with the notice within the period of 28 days after the date of the notice,
is evidence of the matters so stated.
"(9) At the hearing of a prosecution for a prescribed offence in respect of which a traffic infringement notice has been served, a certificate signed by the Commissioner of Police, or his delegate, and stating—
(a)
that the Commissioner, or the delegate, as the case may be, allowed, for the purpose of paragraph (5) (a), the further period specified in the certificate for the payment of the prescribed penalty in relation to the prescribed offence; and
(b)
that the prescribed penalty in relation to the prescribed offence was not paid in accordance with the notice within the period of 28 days after the date of the notice or within the further period allowed for the purpose of paragraph (5) (a),
is evidence of the matters so stated.
"(10) At the hearing of a prosecution for a prescribed offence in respect of which a traffic infringement notice has been served, a certificate signed by the Commissioner of Police, or his delegate, and stating that the traffic infringement notice was withdrawn on a date specified in the certificate is evidence of the matters so stated.
"(11) For the purposes of this section, a document that purports to have been signed by the Commissioner of Police, or by his delegate, shall be taken to have been so signed unless the contrary is proved.
"(12) Nothing in this section prevents the service of more than one traffic
infringement notice in respect of the same prescribed offence, but it is sufficient
for the application of sub-section (5) to a person on whom more than one such
notice has been served for that person to pay the prescribed penalty in relation to the prescribed offence in accordance with any one of the notices so served on
him.
"(13) Where the amount of a prescribed penalty is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation.
"(14) Nothing in this section shall be construed as requiring the serving of a
traffic infringement notice under this section or as affecting the institution or prosecution of proceedings, or limiting the amount of the fine that may be imposed by the Court, in respect of an alleged prescribed offence in relation to which—
(a) a traffic infringement notice has not been served; or (b)
a traffic infringement notice has been served and withdrawn in accordance with this section.
62 Motor Traffic (Amendment) (No. 2) No. 18, 1983 "(15) The Commissioner of Police may, by writing signed by him, delegate to a member of the Police Force his power to allow, for the purpose of paragraph (5) (a), a further period for the payment of a prescribed penalty in relation to a prescribed offence and his power to withdraw a traffic infringement notice under sub-section (4).
"(16) The power referred to in sub-section (15) shall, when exercised by a delegate, be deemed for the purposes of this section to have been exercised by the Commissioner.
"(17) A delegation under sub-section (15) does not prevent the exercise by the Commissioner of the power so delegated.".Motor cyclists to wear safety helmets
12. Section 190A of the Principal Ordinance is amended by omitting from sub-section (2) "Twenty dollars" and substituting "$80".
13. After Schedule 5 of the Principal Ordinance the following Schedule is
added:
SCHEDULE 6 Section 180A PRESCRIBED OFFENCES AND
PRESCRIBED PENALTIES
Item Prescribed
No. Prescribed Offence Penalty
$
1 Section 15 20 Sub-section 18(1) Sub-section 18 (2) Sub-section 27 (5) Sub-section 27 (6) Sub-section 28 (5) Section 32 Section 166 Section 171 Sub-section 172 (1) Sub-section 183 (2)
Paragraph 176 (1) (c) Section 184
Sub-section 185 (1)
Sub-section 185 (2)Section 208
2 Sub-section 97 (1) 30 Paragraph 125 (2) (a)
Paragraph 135 (a)3 Sub-section 9 (4) 40 Sub-section 9 (5) Sub-section 22 (4) Paragraph 102 (1) (a)
Sub-section 113(1) Sub-section 119A (1) Sub-section 133A (5) Sub-section 136 (1)
Sub-section 136 (2)
Section 141
Section 164B
Sub-section 164c (2)
Sub-section 164D (1)
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Authorised by the ACT Parliamentary Counsel— also accessible at www. legislation.act.gov.au Sub-section 126 (1)
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Section 128D
Section 133
Section 139
Paragraph 189(1) (d)
Paragraph 189(1) (j)
Sub-section 191 (1)Sub-section 200 (3)
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Sub-section 118 (5)
Sub-section 118 (6)
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Sub-section 124 (1)
Sub-section 124 (2)
Sub-section 126 (2)
Sub-section 127 (2)
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Section 147
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Paragraph 176 (1) (a)
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8 Sub-regulation 11B (1) 20 Sub-regulation 1 IB (2) Sub-regulation l i e (1) Sub-regulation 18(1) Sub-regulation 20 (2)
NOTES
1. Notified in the Commonwealth of Australia Gazetteon 19 August 1983.
2. No. 45, 1936 as amended to date. For previous amendments see Note 2 to No. 14, 1983 and see also No. 14, 1983.
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