Road Safety (Further Amendment) Act 1998 (Vic)

Road Safety (Further Amendment) Act 1998

Act No. 73/1998

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2
4.	Demerit points	3
5.	Disclosure of information	6
6.	Regulation-making power	7
7.	New section 95C inserted	7

95C. Extension of operation of Regulations 7

8.	Disallowance of regulations, notices and orders	7
9.	Minor amendment	8
10.	Transitional provisions	8
11.	Amendment of Transport Accident Act 1986	8
12.	New section 132A inserted in Transport Accident Act 1986	8
132A. Transitional provisions	9
13.	Amendment of Road Safety (Amendment) Act 1998	9

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NOTES 10

i

Victoria

No. 73 of 1998

Road Safety (Further Amendment) Act

1998†

[Assented to 4 November 1998]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are—

(a) to amend the Road Safety Act 1986 with respect to—

(i)  the operation of the demerit points system;

(ii)  the circumstances in which the Roads Corporation may disclose information gained by it;

Road Safety (Further Amendment) Act 1998

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s. 3

Act No. 73/1998

(iii)  the period of operation of certain Regulations;

(b)	to make miscellaneous other amendments to that Act and an amendment to the Transport Accident Act 1986 consequential on an
amendment made previously to the Road Safety Act 1986.

2. Commencement

(1) Sections 1, 3, 7, 13 and this section come into

operation on the day on which this Act receives
the Royal Assent.

(2) Section 5(2) comes into operation on the day on

which section 22 of the Road Safety
(Amendment) Act 1998 comes into operation.

(3) Section 6 comes into operation on the day on

which section 19(2) of the Road Safety

(Amendment) Act 1998 comes into operation.

(4) Section 9 comes into operation on the day on
which section 3 of the Road Safety (Driving

Instructors) Act 1998 comes into operation.

(5) Subject to sub-section (6), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(6) If a provision referred to in sub-section (5) does

not come into operation before 1 June 1999, it
comes into operation on that day.

3. Principal Act

Road Safety (Further Amendment) Act 1998

Act No. 73/1998

No. 127/1986.	In this Act, the Road Safety Act 1986 is called
Reprint No. 4	the Principal Act.
as at 19 June 1997. Further amended by
Nos 5/1990
(as amended
by No. 19/1991), 19/1991, 89/1991, 37/1996, 30/1997, 44/1997 (as amended by No. 43/1998), 108/1997 and 46/1998.

4. Demerit points

(1) In section 25(3B) of the Principal Act—

(a)	for "after the date of the notice under sub- section (3)" substitute "commencing on the date determined by the Corporation and specified in the notice served under sub- section (3) as the commencement date of the 12 month period";
(b)	in paragraph (a) omit the expression beginning "by notice" and ending "on the person,";
(c)	in paragraphs (a) and (b) for "as at the date of the notice under sub-section (3)" substitute "as at the date of issue of the notice under sub-section (3)";

(d) at the end of paragraph (b) insert—

"; and

(c) serve on the person a notice containing the prescribed particulars.".

(2) In section 25(3C) of the Principal Act—

Road Safety (Further Amendment) Act 1998

Act No. 73/1998 s. 4

(a)	for "after the date of the notice under sub- section (3)" substitute "commencing on the date determined by the Corporation and specified in the notice served under sub- section (3) as the commencement date of the 12 month period";
(b)	for "as at the date of the notice under sub- section (3)" substitute "as at the date of issue of the notice under sub-section (3)".

(3) In section 25(3D) of the Principal Act—

(a)	in paragraph (a), omit the expression beginning "by notice" and ending "on the person,";
(b)	for "date of the notice under sub-section (3)" (wherever occurring) substitute "date of issue of the notice under sub-section (3)";

(4) In section 25(4) of the Principal Act, for "day

specified in the notice served under sub-section (3B)(a) or (3D)(a)" substitute "date determined by the Corporation and specified in the notice

served under sub-section (3) or (3B)(c)". (5) In section 25 of the Principal Act, after sub-

section (4) insert—

"(4A) A notice under sub-section (3) or (3B)(c) sent by post addressed to the holder of the licence or permit at his or her current address

as shown in any record maintained under this
Act must be taken to have been served on
that person 14 days after the date of issue of
the notice unless at any time after that period
of 14 days the Corporation is satisfied that
the notice has not been served on that
person.

(4B) The service of a notice under sub-section (3) or (3B)(c) is not a condition precedent to a

Road Safety (Further Amendment) Act 1998

s. 4 Act No. 73/1998

suspension under this section taking effect licence or permit has not been served with the notice, it must cancel the suspension with effect from the date on which it took effect, determine another effective date and specify that date in another notice served under sub- section (3) or (3B)(c), as the case requires.

but if at any time after the period of 14 days
after the date of issue of the notice the

(4C) If a driver licence or permit suspended under this section is cancelled or suspended by the Corporation under another provision of this Act or by a court or by operation of this Act,

the period from that cancellation or other
suspension taking effect until a new licence
or permit is issued or the other suspension is
completed (as the case requires) does not
count in calculating the period of suspension
under this section and the suspension under
this section is stayed during that period.

(4D) If the Corporation is required by this section to suspend a driver licence or permit that has been cancelled or suspended by the

Corporation under another provision of this Act or by a court or by operation of this Act, the date determined by the Corporation under sub-section (4) must not be earlier than the date on which a new licence or permit is issued or the other suspension is completed, as the case requires.".

(6) In section 26(2) of the Principal Act, for

paragraph (a) substitute—

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"(a) That the appellant was not the person against whom the Corporation was required by this demerit points;".

(7) In section 26(3) of the Principal Act, for "pending

the decision of the appeal" substitute—
"until—

(a)	the date on which the appeal is determined; or
(b)	if the appeal is discontinued, the date on which notice in writing of discontinuance is given in accordance with the regulations to both the Magistrates' Court and the Corporation.".

(8) In section 89B(3) of the Principal Act, after

paragraph (b) insert—

"(ba) any demerit points recorded as a result of the

conviction are cancelled; and".

5. Disclosure of information

(1) In section 92(3) of the Principal Act—

(a) after paragraph (h) insert— "(ha) for the purposes of the project known

as NEVDIS which establishes a
national exchange of vehicle and driver

information system; or";

(b) after paragraph (i) insert— "(ia) to the manufacturer or supplier of a

motor vehicle or trailer of the name and address of the registered operator of the vehicle or trailer in connection with a

recall procedure being conducted by the
manufacturer or supplier for the

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rectification of a possible safety-related defect in the vehicle or trailer; or".

(2) In section 97A(1) of the Principal Act, after "drivers" insert "or a recall procedure being conducted by the manufacturer or supplier of a

vehicle".

6. Regulation-making power

In section 95(3B) of the Principal Act, after
paragraph (c) insert—
"(ca) to exempt a vehicle or a group of vehicles, or

the driver or registered operator of a vehicle or a group of vehicles, from a requirement of the regulations relating to mass and

dimension limits; or".

7. New section 95C inserted

After section 95B of the Principal Act insert—

"95C. Extension of operation of Regulations
(1) Unless sooner revoked, the Road Safety

(Procedures) Regulations 19881, the Road Safety (Traffic) Regulations 19882 and the Road Safety (Vehicles) Regulations 19883 are revoked on 1 March 2000.

(2) Section 5 of the Subordinate Legislation

Act 1994 does not apply to the Road Safety
(Procedures) Regulations 1988, the Road
Safety (Traffic) Regulations 1988 or the
Road Safety (Vehicles) Regulations 1988.".

8. Disallowance of regulations, notices and orders

In section 96 of the Principal Act, for sub-sections
(3) and (4) substitute—
"(3) Section 15 and Part 5 of the Subordinate

Legislation Act 1994 apply to an instrument to which this section applies as if the

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s. 12

Act No. 73/1998

instrument were a statutory rule within the was so published.".

meaning of that Act, notice of the making of
which had been published in the Government

9. Minor amendment

In section 33(3) of the Principal Act, for "gross vehicle mass" substitute "GVM".

10. Transitional provisions

At the end of section 103 of the Principal Act insert—

"(13) The amendments of section 25 made by section 4 of the Road Safety (Further Amendment) Act 1998 apply only with

respect to notices issued under that section,
and suspensions of driver licences or learner
permits that take effect under that section,
after the commencement of section 4 of that
Act.

(14) The amendments of section 26 made by section 4 of the Road Safety (Further Amendment) Act 1998 apply only with

respect to appeals made after the

commencement of section 4 of that Act.".

11. Amendment of Transport Accident Act 1986

In section 39(4)(e) of the Transport Accident	No. 111/1986. Reprint No. 5
Act 1986, for "56(7)" substitute "56(2) or (7)".	as at 19 May 1998. Further
amended by Nos 78/1997
and 15/1998.

12. New section 132A inserted in Transport Accident Act 1986

In Part 9 of the Transport Accident Act 1986, after section 132 insert—

Road Safety (Further Amendment) Act 1998

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"132A. Transitional provisions

The amendment made to section 39(4)(e) of this Act by section 11 of the Road Safety (Further Amendment) Act 1998 only applies to and in relation to a transport accident occurring on or after the day on which that section of that Act comes into operation.".

13. Amendment of Road Safety (Amendment) Act 1998

(1) In section 2(3) of the Road Safety (Amendment)

Act 1998, for "1 February 1999" substitute
"1 March 2000".

(2) In section 11(1) of the Road Safety

(Amendment) Act 1998, in paragraph (a)(ii) of
proposed new sub-section (3) to be substituted for
sub-section (3) of section 7 of the Road Safety

Act 1986, for "office" substitute "offence".

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Road Safety (Further Amendment) Act 1998

Act No. 73/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Council: 7 October 1998

Legislative Assembly: 22 October 1998

The long title for the Bill for this Act was "to amend the Road Safety Act
1986, the Road Safety (Amendment) Act 1998 and the Transport

Accident Act 1986 and for other purposes."

1 S. 7: S.R. No. 28/1988.

2 S. 7: S.R. No. 30/1988.

3 S. 7: S.R. No. 29/1988.