Road Safety (General) Further Amendment Regulations 2022 (Vic)

Road Safety (General) Further Amendment Regulations 2022

S.R. No. 106/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Notice of suspension

7Notice of disqualification

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Endnotes

statutory rules 2022

S.R. No. 106/2022

Road Safety Act 1986

Road Safety (General) Further Amendment Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 4 October 2022

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (General) Regulations 2019 to provide for matters to be included in a notice of suspension and a notice of disqualification.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

These Regulations commence on 5 October 2022.

4Principal Regulations

In these Regulations, the Road Safety (General) Regulations 2019[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations insert the following definition—

"senior police officer means a police officer who is of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013;".

6Notice of suspension

(1)In regulation 9(e)(i) of the Principal Regulations omit "(being of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013)".

(2)For regulation 9(e)(ii)(A) of the Principal Regulations substitute—

"(A)the commission of the relevant offence by the person to whom the notice is issued resulted in injury or death; and".

(3)After regulation 9(e) of the Principal Regulations insert—

"(ea)in the case of an alleged offence under section 61(1)(a) or (b) of the Act—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that—

(A)another person has died or suffered serious injury from the accident that occurred; and

(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

(eb)in the case of an alleged offence under section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;".

7Notice of disqualification

(1)In regulation 9A(e)(i) of the Principal Regulations omit "(being of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013)".

(2)For regulation 9A(e)(ii)(A) of the Principal Regulations substitute—

"(A)the commission of the relevant offence by the person to whom the notice is issued resulted in injury or death; and".

(3)After regulation 9A(e) of the Principal Regulations insert—

"(ea)in the case of an alleged offence under section 61(1)(a) or (b) of the Act—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that—

(A)another person has died or suffered serious injury from the accident that occurred; and

(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

(eb)in the case of an alleged offence under section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;".

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Endnotes

[1] Reg. 4: S.R. No. 88/2019 as amended by S.R. Nos 104/2019, 172/2019, 105/2020, 123/2020, 36/2021, 121/2021, 136/2021, 19/2022, 31/2022 and 47/2022.