Road Safety (Further Amendment) Act 2005 (Vic)
Road Safety (Further Amendment) Act 2005
Act No. 24/2005
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendment of Road Safety Act 1986
3.Repeal of section 3A
4.Previous convictions
5.Hit and run driving
6.New section 63B inserted
63B.Use of tyre deflation devices in police pursuits
7.Dangerous driving
8.New section 67 substituted
67.Extension of time if no actual notice for certain traffic infringements
9.Unauthorised use of freeway
10.Liability of owner for parking infringement against local laws
11.Disclosure of information
12.Interpretation of regulations
13.Conduct of works or activities on a highway
14.New section 106A inserted
106A.Application of Commonwealth Acts Interpretation Act 1901
15.Minor amendments
16.New section 103J inserted
103J.Transitional provisions—Road Safety (Further Amendment) Act 2005
Part 3—Amendment of Road Management Act 2004
17.Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so
18.Power to serve road management infringement notice
19.New sections 119A and 119B inserted
119A.Removal of stationary vehicles
119B.Removal of abandoned property
20.Access policy
21.New clause 3A inserted in Schedule 2
Part 4—Amendment of Melbourne City Link Act 1995
22.Declaration of Link road
23.New section 87A substituted
87A.Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Part 5—Amendment of Road Safety (Drug Driving) Act 2003
24.Commencement of sunsetting provision
25.Consequential amendment of sunsetting provision
Part 6—Amendment of Police Regulation Act 1958
26.Disclosure of towing information
Part 7—Amendment of Other Acts
27.New section 149A to be inserted in Road Safety Act 1986 by Transport Legislation (Amendment) Act 2004
149A.Application of Commonwealth Acts Interpretation Act 1901
28.New section 191A to be inserted in Road Safety Act 1986 by Transport Legislation (Amendment) Act 2004
191A.Application of Commonwealth Acts Interpretation Act 1901
29.Consequential amendment of Magistrates' Court Act 1989
30.Statute law revision of Magistrates' Court Act 1989
31.Amendment of Children and Young Persons (Miscellaneous Amendments) Act 2005
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Endnotes
Road Safety (Further Amendment) Act 2005
[Assented to 31 May 2005]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The main purposes of this Act are—
(a)to amend the Road Safety Act 1986 so as to—
(i)increase the penalties for hit and run driving;
(ii)make further provision with respect to the granting of an extension of time to deal with a traffic infringement notice;
(iii)enable certain drug-driving offences to be disregarded after 10 years in determining previous convictions for certain purposes;
(iv)prohibit by the Act unauthorised cycling on freeways and enable police to remove any unauthorised people, bicycles, animals, machinery and other property from freeways;
(v)enable police to use tyre deflation devices in pursuits;
(vi)increase the minimum licence cancellation period in certain dangerous driving cases;
(vii)authorise the disclosure of vehicle information by VicRoads in connection with the authorisation by police or VicRoads of vehicle towing;
(viii)provide for the application of the Interpretation of Legislation Act 1984 to the interpretation of the Act, unless the Act otherwise specifies, and provide for regulations to apply Commonwealth interpretation legislation to the interpretation of regulations made under the Act;
(b)to amend the Road Management Act 2004 so as to—
(i)enable VicRoads to remove certain vehicles or things that are a hazard to traffic from freeways or certain other roads;
(ii)enable police to serve infringement notices under the Act;
(iii)make further provision with respect to the removal from roads of unauthorised advertisements or signs;
(iv)clarify the status of policies regarding controlled access roads and enable them to incorporate other documents by reference;
(c)to amend the Melbourne City Link Act 1995 so as to make further provision with respect to the granting of an extension of time to deal with an infringement notice;
(d)to amend the Road Safety (Drug Driving) Act 2003 to extend to 1 July 2006 the trial of random drug testing for drivers;
(e)to amend the Police Regulation Act 1958 so as to authorise the disclosure by police for vehicle towing purposes of information given by VicRoads in connection with the authorisation of the towing;
(f)to make minor amendments to the Transport Legislation (Amendment) Act 2004, the Magistrates' Court Act 1989 and the Children and Young Persons (Miscellaneous Amendments) Act 2005 consequential on amendments to the Road Safety Act 1986 and the Melbourne City Link Act 1995.
2.Commencement
(1)This Act (other than section 13) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Section 13 comes into operation on a day to be proclaimed.
(3)If section 13 does not come into operation before 1 January 2006, it comes into operation on that day.
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Part 2—Amendment of Road Safety Act 1986
3.Repeal of section 3A
Section 3A of the Road Safety Act 1986 is repealed.
4.Previous convictions
In the first entry in column 1 of the Table in section 50AA of the Road Safety Act 1986, after "(1B)" insert ", (1C), (1D), (1DA)".
5.Hit and run driving
(1)For section 61(3) of the Road Safety Act 1986 substitute—
"(3)If—
(a)as a result of an accident involving a motor vehicle a person is killed or suffers serious injury; and
(b)the driver of the motor vehicle knows or ought reasonably to have known that the accident had occurred and had resulted in a person being killed or suffering serious injury; and
(c)the driver of the motor vehicle does not comply with the requirements of paragraph (a) or (b) of sub-section (1) in relation to the accident—
the driver is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum).".
(2)In section 61(4)(a) of the Road Safety Act 1986, for ", (e) or (f)" substitute "or (e)".
(3)In section 61(4) of the Road Safety Act 1986—
(a)for "20 penalty units" substitute "80 penalty units";
(b)for "4 months" (where first occurring) substitute "8 months";
(c)for "40 penalty units" substitute "240 penalty units";
(d)for "12 months" substitute "2 years".
(4)In section 61(6) of the Road Safety Act 1986—
(a)after "conviction of a person for" insert
", or finding a person guilty of,";
(b)for the expression beginning "obtaining one" and ending at the end of the sub-section substitute "obtaining one for—
(a)in the case of a first offence, at least 4 years if a conviction is recorded and at least 2 years in any other case; and
(b)in the case of a subsequent offence, at least 8 years if a conviction is recorded and at least 4 years in any other case.".
(5)In section 61(7) of the Road Safety Act 1986—
(a)after "convicted" (where twice occurring) insert "or found guilty";
(b)after "conviction for" (where twice occurring) insert ", or finding of guilt of,".
(6)After section 61(7) of the Road Safety Act 1986 insert—
"(8)The specifying by sub-section (3) of fault elements for an offence against that sub-section is not intended to affect the question of whether fault elements are required for any other offence against this section or any other provision of this Act.".
6.New section 63B inserted
After section 63A of the Road Safety Act 1986 insert—
"63B.Use of tyre deflation devices in police pursuits
(1)The Chief Commissioner of Police may authorise the use by members of the police force of a device (a tyre deflation device) that causes the deflation of the tyres of a vehicle, for use by police to stop or assist in the stopping of a vehicle in connection with the pursuit of the vehicle by police.
(2)A provision made by or under this or any other Act that would operate to prohibit or restrict the placement or deployment on or near a road or road related area of a tyre deflation device does not apply to the placing or deploying of a tyre deflation device by a member of the police force acting in the exercise of his or her duties.".
7.Dangerous driving
In section 64(2) of the Road Safety Act 1986—
(a)for "conviction" substitute "finding a person guilty of the offence"; and
(b)after "6 months" insert "or, if the vehicle was driven at a speed of 45 kilometres per hour or more in excess of that permitted, 12 months".
8.New section 67 substituted
For section 67 of the Road Safety Act 1986 substitute—
"67.Extension of time if no actual notice for certain traffic infringements
(1)If a traffic infringement notice (other than a notice to which section 89A applies) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it has been issued, the person may apply to a registrar (within the meaning of Schedule 7 to the Magistrates' Court Act 1989) of the Magistrates' Court to have an extension of time of 28 days to deal with the notice in accordance with this Act.
(2)An application under sub-section (1) must—
(a)be made within 14 days of the applicant becoming aware of the notice; and
(b)be filed with the registrar; and
(c)be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the extension is sought.
(3)If an application is made under sub-section (1) to a registrar of the Magistrates' Court, the registrar must—
(a)refer the application to the Magistrates' Court constituted by a magistrate; and
(b)cause a notice of the time and place of the hearing of the application to be given or sent to—
(i)the person who served the traffic infringement notice on the applicant or caused it to be served; and
(ii)the applicant.
(4)The Magistrates' Court may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under sub-section (1), that the traffic infringement notice had been issued.
(5)On the granting of the extension of time—
(a)the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under Schedule 7 to the Magistrates' Court Act 1989 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
(b)any reference in sections 66(3) and 88(3) to a 28 day period must be read as a reference to the extended period; and
(c)the reference in section 89(1) to the period specified in the infringement notice for the payment of the penalty must be read as a reference to the extended period; and
(d)any cancellation, disqualification or suspension, and any extension of probation, that resulted from the infringement notice is set aside if the person takes a relevant action referred to in sub-section (6)(b) or (c) in relation to the notice within the extended period; and
(e)any fine or part of a fine within the meaning of Schedule 7 to the Magistrates' Court Act 1989 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly) if the person takes a relevant action in relation to the notice within the extended period; and
(f)any demerit points recorded as a result of the infringement notice are cancelled if the person takes a relevant action referred to in sub-section (6)(b) or (c) in relation to the notice within the extended period; and
(g)any of the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 that are being used for the enforcement of the infringement penalty within the meaning of that Schedule must be discontinued and any enforcement order made, or warrant issued, under that Schedule ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and
(h)anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the infringement notice must be taken not to constitute that offence if the person takes a relevant action in relation to the notice within the extended period; and
(i)the reference in section 66(3)(aab) to the registration of the infringement penalty under Schedule 7 to the Magistrates' Court Act 1989 must be read as not including a reference to such a registration done before the extension of time was granted; and
(j)any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or permit that—
(i)resulted from the traffic infringement notice; and
(ii)occurred after the person became aware that the traffic infringement notice had been issued—
must be taken into account by any court which subsequently finds the person guilty of the offence in respect of which the traffic infringement notice was issued; and
(k)a reference in section 89(4) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended period.
(6)For the purposes of sub-section (5) a person who is granted an extension of time as referred to in sub-section (1) only takes a relevant action in relation to a traffic infringement notice if the person—
(a)pays the whole of the amount specified in the notice as payable in respect of the offence for which the notice was issued; or
(b)supplies a statement or declaration under section 66(3) to an enforcement official within the meaning of that section; or
(c)serves a written statement on an enforcement official within the meaning of section 66(3) to the effect that the person declines to be dealt with under Part 2 of Schedule 7 to the Magistrates' Court Act 1989.
(7)Despite anything to the contrary in section 88(3AA), if the Magistrates' Court grants an extension of time as referred to in sub-section (1), a traffic infringement notice may be withdrawn under section 88(3) even though the infringement penalty has been registered under Schedule 7 to the Magistrates' Court Act 1989.
(8)The taking of a relevant action referred to in sub-section (6)(c) has the effect that the person may only be proceeded against by a charge filed for the alleged offence and, for this purpose, a charge may be filed not later than 12 months after the date of the service of the statement under that sub-section despite anything to the contrary in any other Act.".
9.Unauthorised use of freeway
(1)After section 68A(1) of the Road Safety Act 1986 insert—
"(1A)A rider of a bicycle or other pedal-powered vehicle must not, without a reasonable excuse, ride on any part of a freeway other than—
(a)a pathway on the road reserve of the freeway; or
(b)in accordance with a sign erected on the freeway by the Corporation; or
(c)as authorised in writing by the Corporation.
Penalty:5 penalty units.".
(2)After section 68A(5) of the Road Safety Act 1986 insert—
'(6)If a member of the police force believes, on reasonable grounds, that a person is committing an offence against this section, the member of the police force may remove from the freeway or the part of the freeway, as the case requires, that person or any bicycle or other pedal-powered vehicle, animal or machinery connected with the commission of the offence or any other property belonging to or in the possession of, or apparently belonging to or in the possession of, that person.
(7)A member of the police force may, in order to remove a person or thing under sub-section (6), use such force as is reasonable in the circumstances.
(8)The exercise of a power under sub-section (6) does not prevent the commencing of a proceeding in respect of the offence.
(9)In this section "pathway" has the same meaning as in the Road Management Act 2004.'.
10.Liability of owner for parking infringement against local laws
In section 86(1) of the Road Safety Act 1986, for "or by-law" substitute ", by-law or local law".
11.Disclosure of information
After section 92(3)(d) of the Road Safety Act 1986 insert—
"(da)in connection with an authorisation of the towing of a vehicle given by a member of the police force or the Corporation; or".
12.Interpretation of regulations
After section 95(3B) of the Road Safety Act 1986 insert—
'(3C)The regulations may provide for a Commonwealth interpretation enactment to apply to the interpretation of any of the provisions of the regulations—
(a)either wholly or to the extent specified by the regulations; and
(b)to so apply without modifications or with the modifications specified by the regulations.
(3D)In sub-section (3C) "Commonwealth interpretation enactment" means—
(a)the Acts Interpretation Act 1901 of the Commonwealth; or
(b)the Legislative Instruments Act 2003 of the Commonwealth; or
(c)the Acts Interpretation Act 1901 of the Commonwealth as applied by the Legislative Instruments Act 2003 of the Commonwealth to legislative instruments within the meaning of that Act.
(3E)This section does not prevent the Interpretation of Legislation Act 1984 from applying to the regulations to the extent that it can do so consistently with the application to those regulations of any Commonwealth interpretation enactment within the meaning of sub-section (3C).'.
13.Conduct of works or activities on a highway
In section 99A(3) of the Road Safety Act 1986, for "the generality of sub-section (2), the person to whom this section applies must" substitute "sub-section (2), a person to whom this section applies contravenes that sub-section if the person fails to do any of the following".
14.New section 106A inserted
After section 106 of the Road Safety Act 1986 insert—
'106A.Application of Commonwealth Acts Interpretation Act 1901
(1)The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Part, except that, in relation to Victoria—
(a)"Gazette" refers to the Victorian Government Gazette; and
(b)"Minister" refers to the responsible Minister of Victoria.
(2)This section does not prevent the Interpretation of Legislation Act 1984 from applying to this Part to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.'.
15.Minor amendments
(1)In section 89B(1) of the Road Safety Act 1986 for ",within 14 days after becoming aware of it, apply in accordance with the regulations to the Magistrates' Court" substitute "apply to a registrar (within the meaning of Schedule 7 to the Magistrates' Court Act 1989) of the Magistrates' Court".
(2)After section 89B(1) of the Road Safety Act 1986 insert—
"(1A)An application under sub-section (1) must—
(a)be made within 14 days of the applicant becoming aware of the notice; and
(b)be filed with the registrar; and
(c)be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the extension is sought.
(1B)If an application is made under sub-section (1) to a registrar of the Magistrates' Court, the registrar must—
(a)refer the application to the Magistrates' Court constituted by a magistrate; and
(b)cause a notice of the time and place of the hearing of the application to be given or sent to—
(i)the person who issued the infringement notice; and
(ii)the applicant.".
(3)In section 89B(2) of the Road Safety Act 1986, for "court" substitute "Magistrates' Court".
(4)In section 89B(3) of the Road Safety Act 1986—
(a)for "court" (where first occurring) substitute "Magistrates' Court";
(b)for "court" (where secondly occurring) substitute "Court".
(5)For section 90C(2)(b) of the Road Safety Act 1986 substitute—
"(b)a freeway or an arterial road within the meaning of the Road Management Act 2004; or".
(6)In section 99B(5) of the Road Safety Act 1986, for "(1)" substitute "(4)".
16.New section 103J inserted
Before section 104 of the Road Safety Act 1986 insert—
"103J.Transitional provisions—Road Safety (Further Amendment) Act 2005
(1)Unless a contrary intention appears in this Act , on and after the commencement of section 3 of the Road Safety (Further Amendment) Act 2005, the Interpretation of Legislation Act 1984 applies to the interpretation of all of the provisions of this Act (including provisions inserted in this Act, or amended, by an Act passed while section 3A of this Act was in operation) whether or not the effect of that application is consistent with the effect that there would be if the Acts Interpretation Act 1901 of the Commonwealth applied to the interpretation of those provisions.
(2)The amendments of section 61 of this Act made by section 5 of the Road Safety (Further Amendment) Act 2005 apply only to offences against section 61 alleged to have been committed on or after the commencement of section 5 of that Act.
(3)The amendments of section 64(2) of this Act made by section 7 of the Road Safety (Further Amendment) Act 2005 apply only to offences alleged to have been committed on or after the commencement of section 7 of that Act.
(4)For the purposes of sub-sections (2) and (3), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 5 or 7 (as the case requires) of the Road Safety (Further Amendment) Act 2005, the offence is alleged to have been committed before the commencement of that section.".
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Part 3—Amendment of Road Management Act 2004
17.Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so
(1)After section 69(1) of the Road Management Act 2004 insert—
"(1A)A person must, if requested to do so by an authorised officer, remove any advertisement, sign or bill, or any structure, device or hoarding for the exhibition of an advertisement, sign or bill, placed by the person at any time before the commencement of section 66 on or over a road or on road infrastructure or road-related infrastructure in contravention of any provision made by or under any Act in force at that time.".
(2)In section 69(2) of the Road Management Act 2004, for "the request" substitute "a request under sub-section (1) or (1A)".
18.Power to serve road management infringement notice
(1)In section 90(1) of the Road Management Act 2004, after "authorised officer" (where twice occurring) insert "or member of the police force".
(2)In section 92(1) of the Road Management Act 2004, after "authorised officer" insert "or, if the notice was served by a member of the police force, that member or another member of the same or higher rank,".
(3)In section 92(2)(c) of the Road Management Act 2004, after "authorised officer" insert "or member of the police force (as the case requires)".
(4)In section 93(1) of the Road Management Act 2004, after "authorised officer" insert "(or, if the notice was served by a member of the police force, that member or another member of the same or higher rank)".
19.New sections 119A and 119B inserted
After section 119 of the Road Management Act 2004 insert—
'119A.Removal of stationary vehicles
(1)VicRoads may move or cause to be moved from a freeway or any other road that the Minister, by notice published in the Government Gazette, declares to be a road to which this section applies any vehicle—
(a)that is parked or left standing on that road contrary to any law; or
(b)that in the opinion of VicRoads—
(i)is, or is likely to be or to cause, a danger to other road users; or
(ii)is causing, or is likely to cause, traffic congestion; or
(c)that is disabled or damaged.
(2)A person acting in accordance with sub-section (1)—
(a)may enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and
(b)may move the vehicle to the nearest convenient place.
(3)In the case of the removal of a vehicle damaged at an accident scene, sub-sections (1) and (2) are not intended to remove any obligation imposed on a person by section 183B of the Transport Act 1983.
(4)VicRoads may recover from the owner of a vehicle moved or stored under this section any reasonable costs incurred in moving or storing it.
(5)In this section "vehicle" includes anything attached to, within, or on, the vehicle.
119B.Removal of abandoned property
VicRoads may remove any thing on a freeway or other road to which section 119A applies that appears to have been abandoned.'.
20.Access policy
After clause 3(4) of Schedule 2 to the Road Management Act 2004 insert—
"(5)A policy made under sub-clause (1) is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984.".
21.New clause 3A inserted in Schedule 2
After clause 3 of Schedule 2 to the Road Management Act 2004 insert—
"3A.Power to apply, adopt or incorporate
(1) A policy under clause 3 may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority, person or body whether—
(a)wholly or partially or as amended by the policy; or
(b)as formulated, issued, prescribed or published at the time the policy is made or at any time before then; or
(c)as formulated, issued, prescribed or published from time to time.
(2) If a policy has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the road authority causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken not to have been so amended.".
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Part 4—Amendment of Melbourne City Link Act 1995
22.Declaration of Link road
For section 61(4)(a) of the Melbourne City Link Act 1995 substitute—
"(a)a freeway or an arterial road within the meaning of the Road Management Act 2004, as stated in the declaration under sub-section (1); and".
23.New section 87A substituted
For section 87A of the Melbourne City Link Act 1995 substitute—
"87A.Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
(1)If an infringement notice for an offence against section 73(1) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may apply to a registrar (within the meaning of Schedule 7 to the Magistrates' Court Act 1989) of the Magistrates' Court to have an extension of time of 28 days to deal with the notice in accordance with this Act.
(2)An application under sub-section (1) must—
(a)be made within 14 days of the applicant becoming aware of the notice; and
(b)be filed with the registrar; and
(c)be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the extension is sought.
(3)If an application is made under sub-section (1) to a registrar of the Magistrates' Court, the registrar must—
(a)refer the application to the Magistrates' Court constituted by a magistrate; and
(b)cause a notice of the time and place of the hearing of the application to be given or sent to—
(i)the person who served the infringement notice on the applicant or caused it to be served; and
(ii)the applicant.
(4)The Magistrates' Court may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under sub-section (1), that the infringement notice had been issued.
(5)On the granting of the extension of time—
(a)the infringement notice continues to have effect, unless withdrawn at any time under section 83(1), despite the doing of any thing or the taking of any step in relation to it under Schedule 7 to the Magistrates' Court Act 1989 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
(b)any reference in sections 83(1) and 87(3) to a 28 day period must be read as a reference to the extended period; and
(c)the reference in section 84(1) to the time shown in the infringement notice must be read as a reference to the extended period; and
(d)any fine or part of a fine within the meaning of Schedule 7 to the Magistrates' Court Act 1989 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly) if the person takes a relevant action in relation to the notice within the extended period; and
(e)any of the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 that are being used for the enforcement of the infringement penalty within the meaning of that Schedule must be discontinued and any enforcement order made, or warrant issued, under that Schedule ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and
(f)the reference in section 87(3)(aab) to the registration of the infringement penalty under Schedule 7 to the Magistrates' Court Act 1989 must be read as not including a reference to such a registration done before the extension of time was granted; and
(g)a reference in section 85(1) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended period.
(6)For the purposes of sub-section (5) a person who is granted an extension of time as referred to in sub-section (1) only takes a relevant action in relation to an infringement notice if the person—
(a)pays the whole of the penalty shown on the infringement notice; or
(b)supplies a statement or declaration under section 87(3) to an enforcement official within the meaning of that section; or
(c)serves a written statement on an enforcement official within the meaning of section 87(3) to the effect that the person declines to be dealt with under Part 2 of Schedule 7 to the Magistrates' Court Act 1989.
(7)Despite anything to the contrary in section 83(2A), if the Magistrates' Court grants an extension of time as referred to in sub-section (1), an infringement notice may be withdrawn under section 83(1) even though the infringement penalty has been registered under Schedule 7 to the Magistrates' Court Act 1989.
(8)The taking of a relevant action referred to in sub-section (6)(c) has the effect that the person may only be proceeded against by a charge filed for the alleged offence and, for this purpose, a charge may be filed not later than 12 months after the date of the service of the statement under that sub-section despite anything to the contrary in any other Act".
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Part 5—Amendment of Road Safety (Drug Driving) Act 2003
24.Commencement of sunsetting provision
In section 2(3) of the Road Safety (Drug Driving) Act 2003, for "1 July 2005" substitute "1 July 2006".
25.Consequential amendment of sunsetting provision
For section 23(13) of the Road Safety (Drug Driving) Act 2003 substitute—
'(13)In the first entry in column 1 of the Table in section 50AA of the Principal Act, for "(1DA) and (1E)" substitute "and (1DA)".'.
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Part 6—Amendment of Police Regulation Act 1958
26.Disclosure of towing information
After section 127A(1E) of the Police Regulation Act 1958 insert—
"(1F)Sub-section (1) does not prevent a member of the police force from disclosing to a tow truck operator within the meaning of Part VI of the Transport Act 1983, in connection with the towing of a vehicle by a tow truck, information disclosed under section 92(3)(d) of the Road Safety Act 1986 and such a disclosure by a member of the police force is authorised for that purpose.".
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Part 7—Amendment of Other Acts
27.New section 149A to be inserted in Road Safety Act 1986 by Transport Legislation (Amendment) Act 2004
In section 41 of the Transport Legislation (Amendment) Act 2004, in the proposed new Division 1 of Part 10 of the Road Safety Act 1986, before section 150 insert—
'149A.Application of Commonwealth Acts Interpretation Act 1901
(1)The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Part, except that, in relation to Victoria—
(a)"Gazette" refers to the Victorian Government Gazette; and
(b)"Minister" refers to the responsible Minister of Victoria.
(2)This section does not prevent the Interpretation of Legislation Act 1984 from applying to this Part to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.'.
28.New section 191A to be inserted in Road Safety Act 1986 by Transport Legislation (Amendment) Act 2004
In section 41 of the Transport Legislation (Amendment) Act 2004, in the proposed new Division 1 of Part 11 of the Road Safety Act 1986, before section 192 insert—
'191A.Application of Commonwealth Acts Interpretation Act 1901
(1)The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Part, except that, in relation to Victoria—
(a)"Gazette" refers to the Victorian Government Gazette; and
(b)"Minister" refers to the responsible Minister of Victoria.
(2)This section does not prevent the Interpretation of Legislation Act 1984 from applying to this Part to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.'.
29.Consequential amendment of Magistrates' Court Act 1989
Clause 54 of Schedule 4 to the Magistrates' Court Act 1989 is repealed.
30.Statute law revision of Magistrates' Court Act 1989
(1)In clause 4(2) of Schedule 7 to the Magistrates' Court Act 1989—
(a)in paragraph (h)(ii) after "86(3)(a)" insert
", (aab) or (ab)";
(b)in paragraph (i)(ii) after "66(3)(a)" insert
", (aab) or (ab)";
(c)in paragraph (j)(ii) after "87(3)(a)" insert
", (aab) or (ab)".
(2)In clause 14(2) of Schedule 7 to the Magistrates' Court Act 1989—
(a)in paragraph (b)(ii) for "86(3)(a) or (ab), (aab)" substitute "86(3)(a), (aab) or (ab)";
(b)in paragraph (c)(ii) for "66(3)(a) or (ab), (aab)" substitute "66(3)(a), (aab) or (ab)";
(c)in paragraph (d)(ii) for "87(3)(a) or (ab), (aab)" substitute "87(3)(a), (aab) or (ab)".
31.Amendment of Children and Young Persons (Miscellaneous Amendments) Act 2005
(1)For section 57(1)(c), (d) and (e) of the Children and Young Persons (Miscellaneous Amendments) Act 2005 substitute—
'(c)in section 67(1), after "of the Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";
(d)in section 67(4), after "Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";
(e)in section 67(5)(a), (e), (g) and (i) after "Magistrates' Court Act 1989" insert
"or Schedule 2A to the Children and Young Persons Act 1989";
(ea)in sections 67(6)(c) and 67(7) after "Magistrates' Court Act 1989" insert
"or under Schedule 2A to the Children and Young Persons Act 1989, as the case requires";
(eb)in section 67(7) after "if the Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";'.
(2)After section 57(1)(h) of the Children and Young Persons (Miscellaneous Amendments) Act 2005 insert—
'(ha)in section 89B(1), after "of the Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";
(hb)in section 89B(2)—
(i)after "Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";
(ii)omit "it is";
(hc)in section 89B(3)—
(i)after "Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";
(ii)after "by the Court" insert "or the registrar, as the case may be";'.
(3)For section 58(3)(c), (d) and (e) of the Children and Young Persons (Miscellaneous Amendments) Act 2005 substitute—
'(c)in section 87A(1), after "of the Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";
(d)in section 87A(4), after "Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,";
(e)in section 87A(5)(a), (d), (e) and (f) after "Magistrates' Court Act 1989" insert
"or Schedule 2A to the Children and Young Persons Act 1989";
(f)in sections 87A(6)(c) and 87A(7) after "Magistrates' Court Act 1989" insert
"or under Schedule 2A to the Children and Young Persons Act 1989, as the case requires";
(g)in section 87A(7) after "if the Magistrates' Court" insert "or a registrar (within the meaning of Schedule 2A to the Children and Young Persons Act 1989) of the Children's Court, as the case may be,".'.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 5 May 2005
Legislative Council: 25 May 2005
The long title for the Bill for this Act was "to amend the Road Safety Act 1986, the Road Management Act 2004, the Melbourne City Link Act 1995, the Road Safety (Drug Driving) Act 2003, the Police Regulation Act 1958 and certain other Acts and for other purposes."
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