Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Act 2004 (SA)

South Australia

Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Act 2004

An Act to amend the Motor Vehicles Act 1959.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Act 2004.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Motor Vehicles Act 1959

3—Amendment of section 5—Interpretation

Section 5(1)—after the definition of gross vehicle mass or GVM insert:

health professional means a legally qualified medical practitioner, a registered optometrist or a registered physiotherapist;

4—Amendment of section 80—Ability or fitness to be granted or hold licence or permit

1. (1)

   Section 80(2a)(b)(ii)—delete subparagraph (ii) and substitute:

   1. (ii)

      from information furnished to the Registrar by a health professional or from any other evidence received by the Registrar,

2. (2)

   Section 80(2a)(e)—after "permit" insert:

   for such period as the Registrar considers necessary in the circumstances of the case, or

5—Amendment of section 148—Duty of health professionals

1. (1)

   Section 148(1)—delete "legally qualified medical practitioner, a registered optician, or a registered physiotherapist" and substitute:

   health professional

2. (2)

   Section 148(1)—delete "medical practitioner, registered optician or registered physiotherapist" and substitute:

   health professional

3. (3)

   Section 148(2)—delete "medical practitioner, registered optician or registered physiotherapist" and substitute:

   health professional

Schedule 1—Validation of certain acts

1—Certain acts validated

1. (1)

   Subject to subclause (2), if a suspension of a licence or learner's permit purportedly imposed by the Registrar under section 80 of the Motor Vehicles Act 1959 before the commencement of this Act would, if imposed after that commencement, have been validly imposed, that suspension is to be taken to have been validly imposed.

2. (2)

   Subclause (1) does not affect a decision or order of a court made before the commencement of this Act.