Road Traffic Amendment Act (No. 2) 2007 (WA)

Western Australia

Road Traffic Amendment Act (No. 2) 2007

Western Australia

Road Traffic Amendment Act (No. 2) 2007

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Road Traffic Act 1974*

amended

Division 1 — Act amended

3.	The Act amended in this Part	4
Division 2 — Amendments relating to breath

analysis

Subdivision 1 — Amendments not based on Road

Traffic Amendment Act 2006 having

commenced

4.	Section 59B amended	4
5.	Section 63 amended	4
6.	Section 64 amended	5
7.	Section 64AA amended	6
8.	Section 64A amended	7
9.	Section 65 amended	7
10.	Section 65A inserted	8

65A.

Using breath sample to find blood alcohol

content

11.	Section 66 amended	9
12.	Section 68 amended	9
13.	Section 69 amended	10
14.	Section 71 amended	10

Road Traffic Amendment Act (No. 2) 2007

Contents

15.	Section 72 amended	11
16.	Section 98A amended	11
Subdivision 2 — Amendments depending on *Road*

Traffic Amendment Act 2006

17.	Section 64AA amended	12
18.	Section 67 amended	12
Division 3 — Amendments about driving

incidents

Subdivision 1 — Amendments not based on Road

Traffic Amendment Act 2006 having

commenced

19.	Division 1A inserted in Part V	12
Division 1A — Terms used in this Part

49AA.

Meanings of “bodily harm” and “grievous

bodily harm”

20.

Sections 54, 55 and 56 replaced

54. Bodily harm: duty to stop and give

information and assistance

55. Damage to property: duty to stop and give

information

56. Duty to report incidents involving bodily

harm or damage to property

21.	Section 57 amended	17
22.	Section 59 amended	17
23.	Section 59A amended	18
24.	Section 73 amended	18
Subdivision 2 — Amendments depending on *Road*

Traffic Amendment Act 2006

25.	Section 50 amended	18
Division 4 — Amendments about graduated

demerit point system for novice drivers

26.	Section 104 amended	18
27.	Section 104IA inserted	20

104IA.

Excessive demerit points (novice driver)

notice

28.	Section 104J amended	21
29.	Section 104O amended	21
30.	Section 104R amended	22
Division 5 — Amendments about zero blood

alcohol content for novice drivers

31.

Section 63 amended

Road Traffic Amendment Act (No. 2) 2007

Contents

32.	Section 64 amended	22
33.	Section 64AA amended	23
34.	Section 64A amended	23
35.	Section 64AAA inserted	23

64AAA.

Novice driver driving with any blood

alcohol content

36.	Section 66 amended	24
37.	Section 70 amended	24
38.	Section 71B amended	24
39.	Section 98 amended	24
Division 6 — Other amendment
40.	Section 111 amended	25
Part 3 — *Young Offenders Act 1994*

amended

41.	The Act amended in this Part	26
42.	Schedule 1 amended	26

Western Australia

Road Traffic Amendment Act (No. 2) 2007

No. 39 of 2007

An Act to amend the Road Traffic Act 1974 and in consequence to amend the Young Offenders Act 1994.

[Assented to 21 December 2007]

The Parliament of Western Australia enacts as follows:

Road Traffic Amendment Act (No. 2) 2007

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Road Traffic Amendment Act (No. 2) 2007.

2. Commencement

This Act comes into operation as follows:

(a)	Part 1 — on the day on which this Act receives the Royal Assent (“assent day”);
(b)	Part 2 other than sections 6(2)(b)(ii), 17, 18 and 25 and Divisions 4, 5 and 6 — on a day fixed by proclamation;
(c)

section 6(2)(b)(ii) — on the day fixed under the Road Traffic Amendment Act 2006 section 15(a) comes into operation first;

(d)	section 17 —

(i) on the day fixed under paragraph (b); or

(ii) if the day on which the Road Traffic Amendment Act 2006 section 16 comes into operation is later — immediately after that section comes into

operation;

(e)	section 18 —

(i) on the day fixed under paragraph (b); or

(ii) if the day on which the Road Traffic Amendment Act 2006 section 18(1) comes into operation is later — immediately after that subsection comes into operation;

(f)	section 25 —

(i) on the day fixed under paragraph (b); or

(ii) if the day on which the Road Traffic Amendment Act 2006 section 9(c) comes into operation is later — immediately after that provision comes into operation;

Road Traffic Amendment Act (No. 2) 2007

Preliminary

Part 1

s. 2

(g)	Part 2 Division 4 — on a day fixed by proclamation, being a day that is after the day on which the Road Traffic Amendment Act 2006 section 31 comes into operation, and different days may be fixed for different provisions;
(h)	by proclamation, being a day that is after section 9 and

Part 2 Division 5 other than section 38 — on a day fixed and 31 have all come into operation;

(i) section 38 —

(i) when the rest of Part 2 Division 5 comes into operation; or

(ii) if the day on which the Road Traffic Amendment (Drugs) Act 2007 section 16 comes into operation is later — immediately after that section comes into operation;

(j)	Part 2 Division 6 — on the day after assent day;
(k)	Part 3 — on the day fixed under paragraph (b).

Road Traffic Amendment Act (No. 2) 2007

Part 2	Road Traffic Act 1974 amended
Division 1	Act amended
s. 3

Part 2 — Road Traffic Act 1974 amended

Division 1 — Act amended

3. The Act amended in this Part

The amendments in this Part are to the Road Traffic Act 1974*.

[* Reprint 9 as at 10 March 2006.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and Acts

Nos. 77 of 2006 and 4 of 2007.]

Division 2 — Amendments relating to breath analysis

Subdivision 1 — Amendments not based on Road Traffic Amendment

Act 2006 having commenced

4. Section 59B amended

Section 59B(5) is amended by deleting “percentage of alcohol

in his blood of or exceeding 0.15%” and inserting instead —

“

blood alcohol content of or above 0.15g of alcohol per

100ml of blood

”.

5. Section 63 amended

Section 63(5) is amended by deleting “percentage of alcohol in

his blood of or exceeding 0.15%” and inserting instead —

“

blood alcohol content of or above 0.15g of alcohol per

100ml of blood

”.

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments relating to breath analysis

Division 2

s. 6

6. Section 64 amended

(1)	Section 64(1) is amended by deleting “the percentage of alcohol in his blood equals or exceeds 0.08%,” and inserting instead — “

having a blood alcohol content of or above 0.08g of

alcohol per 100ml of blood

”.

(2)	The Table to section 64(2) is amended as follows:

(a)	by deleting the heading to the first column and inserting instead —

“

Blood alcohol content

(g/100ml)

”;

(b)	in the first column —

(i) by deleting “%” in each place where it occurs;

(ii) by deleting “but <0.15”.

(3)

The note at the end of the Table to section 64(2) is amended by

deleting “greater than or equal to” and inserting instead —

“ of or above ”.

(4)

Section 64(2a) is amended by deleting “percentage of alcohol in

the blood” and inserting instead —

“ blood alcohol content ”.

Note:

The heading to section 64 is to read “Driving with blood alcohol

content of or above 0.08”.

Road Traffic Amendment Act (No. 2) 2007

Part 2	Road Traffic Act 1974 amended
Division 2	Amendments relating to breath analysis
s. 7

7. Section 64AA amended

(1)	Section 64AA(1) is amended by deleting “the percentage of alcohol in his blood equals or exceeds 0.05%” and inserting instead —
“

having a blood alcohol content of or above 0.05g of

alcohol per 100ml of blood

”.

(2)	The Table to section 64AA(2a) is amended as follows:

(a)	by deleting the heading to the first column and inserting instead —

“

Blood alcohol content

(g/100ml)

”;

(b)	in the first column —

(i) by deleting “%” in each place where it occurs;

(ii) by deleting “but <0.08”.

(3)

The note at the end of the Table to section 64AA(2a) is

amended by deleting “greater than or equal to” and inserting

instead —

“ of or above ”.

Note:

The heading to section 64AA is to read “Driving with blood alcohol

content of or above 0.05”.

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments relating to breath analysis

Division 2

s. 8

8. Section 64A amended

Section 64A(1) is amended by deleting “the percentage of

alcohol in his blood equals or exceeds 0.02%” and inserting

instead —

“

having a blood alcohol content of or above 0.02g of

alcohol per 100ml of blood

”.

Note:

The heading to section 64A is to read “Certain persons driving with

blood alcohol content of or above 0.02”.

9. Section 65 amended

Section 65 is amended as follows:

(a)	in the definition of “analyst”, by deleting “percentage” and inserting instead —

“ concentration ”;

(b)	in the definition of “breath analysing equipment”, by deleting “ascertaining the percentage of alcohol present in a person’s blood,” and inserting instead —
“

the purpose of ascertaining a person’s blood

alcohol content

”;

(c)	by deleting the definition of “percentage of alcohol” and inserting in the appropriate alphabetical position —
“

“blood alcohol content” means the concentration of

alcohol in a person’s blood, expressed in grams of

alcohol per 100ml of blood;

”;

(d)	in the definition of “preliminary test”, by deleting “the percentage of alcohol in the blood of the person or an indication as to whether or not the percentage of alcohol

Road Traffic Amendment Act (No. 2) 2007

Part 2	Road Traffic Act 1974 amended
Division 2	Amendments relating to breath analysis
s. 10
in the blood of a person equals or exceeds a predetermined percentage” and inserting instead — “

a person’s blood alcohol content or an indication

of whether or not a person’s blood alcohol content

is of or above a predetermined level

”.

10. Section 65A inserted

After section 65 the following section is inserted —

“

65A.

Using breath sample to find blood alcohol content

(1)

For the purposes of section 59B(5) and sections 63 to

73, inclusive, if the concentration of alcohol in a

person’s breath is a particular number of grams of

alcohol per 210 litres of breath the person’s blood

alcohol content is to be regarded as being that number

of grams of alcohol per 100ml of blood.

(2)

For the purposes of section 72(2)(a) and the definition

of “breath analysing equipment” in section 65,

apparatus is to be regarded as being for the purpose of

ascertaining a person’s blood alcohol content by

analysis of a sample of the person’s breath whether the

apparatus gives the blood alcohol content directly as

the analysis result or enables it to be derived under

subsection (1).

(3)

For the purposes of the definition of “preliminary test”

in section 65, apparatus is to be regarded as being for

the purpose of providing an indication of the kind

mentioned in that definition whether the apparatus

gives the indication directly or enables it to be derived

under subsection (1).

”.

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments relating to breath analysis

Division 2

s. 11

11. Section 66 amended

(1)	Section 66(2)(a)(i) is amended by deleting “percentage of alcohol in the blood of the person equals or exceeds 0.05% of alcohol” and inserting instead —

“

person has a blood alcohol content of or

above 0.05g of alcohol per 100ml of

blood

”.

(2)	Section 66(11)(b) is amended by deleting “percentage of alcohol present in the blood of the person” and inserting instead —
“ person’s blood alcohol content ”.

12. Section 68 amended

(1)	Section 68(4)(a) is amended as follows:

(a)	by inserting after “analysis result and” — “

the person’s blood alcohol content given by or

derived under section 65A from the analysis

result

”;

(b)	by deleting “percentage of alcohol present in the blood of the person” and inserting instead —

“ person’s blood alcohol content ”.

(2)	Section 68(8) is amended as follows:

(a)	by inserting after “analysis result and” —

“

the person’s blood alcohol content given by or derived

under section 65A from the analysis result

”;

Road Traffic Amendment Act (No. 2) 2007

Part 2	Road Traffic Act 1974 amended
Division 2	Amendments relating to breath analysis
s. 13

(b)	by deleting “percentage of alcohol present in the blood of the person” and inserting instead —

“ person’s blood alcohol content ”.

13. Section 69 amended

Section 69(2) is amended as follows:

(a)	by deleting “percentage of alcohol found by the analyst to be present in” and inserting instead —

“ blood alcohol content of ”;

(b)	by deleting “percentage of alcohol present in the blood of the person” and inserting instead —

“ person’s blood alcohol content ”.

14. Section 71 amended

(1)	Section 71(1) is repealed and the following subsection is inserted instead —

“

(1)	In any proceeding such as is mentioned in section 70(1) a person’s blood alcohol content at any time which is or may be material in the proceeding (the “material time”) shall be calculated having regard to —

(a)	the time of the person’s last drink containing alcohol taken at or before the material time; and

(b) the material time; and

(c)	the time at which the sample of the person’s breath or blood was provided or taken for analysis (the “time of sampling”); and
(d)	the person’s blood alcohol content at the time of sampling,

so as to give effect to the presumption that after a

person’s latest drink containing alcohol the person’s

blood alcohol content increases at the rate of 0.016g of

alcohol per 100ml of blood per hour for a period of

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments relating to breath analysis

Division 2

s. 15

2 hours and, after that period, decreases at the rate of

0.016g of alcohol per 100ml of blood per hour.

”.

(2)

Section 71(4) is amended by deleting “percentage” and inserting

instead —

“ concentration ”.

Note:

The heading to section 71 is to read “Determination of blood alcohol

content at material time”.

15. Section 72 amended

(1)	Section 72(2) is amended by deleting paragraph (a) and “and” after it and inserting instead —

“

(a)	types of apparatus for the purpose of ascertaining a person’s blood alcohol content by analysis of a sample of the person’s breath; and

”.

(2)

Section 72(3)(a) is amended by deleting “percentage” and

inserting instead —

“ concentration ”.

16. Section 98A amended

Section 98A is amended as follows:

(a)	in subsection (2), by inserting before “ascertaining” —

“ the purpose of ”;

(b)	in subsection (2a), by inserting before “ascertaining” —

“ the purpose of ”.

Road Traffic Amendment Act (No. 2) 2007

Part 2	Road Traffic Act 1974 amended
Division 3	Amendments about driving incidents
s. 17

Subdivision 2 — Amendments depending on Road Traffic

Amendment Act 2006

17. Section 64AA amended

Section 64AA(2b) is amended by deleting “percentage of

alcohol in the blood” and inserting instead —

“ blood alcohol content ”.

18. Section 67 amended

Section 67(3)(a)(i) is amended by deleting “relevant percentage of alcohol in the person’s blood exceeded 0.14%” in both places where it occurs and inserting instead —

“

person’s blood alcohol content were above 0.14g of alcohol per 100ml of blood

”.

Division 3 — Amendments about driving incidents

Subdivision 1 — Amendments not based on Road Traffic Amendment

Act 2006 having commenced

19. Division 1A inserted in Part V

After the heading to Part V the following Division is inserted —

“

Division 1A — Terms used in this Part

49AA.

Meanings of “bodily harm” and “grievous bodily

harm”

In this Part —

“bodily harm” has the meaning given in The Criminal

Code section 1(1);

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments about driving incidents

Division 3

s. 20

“grievous bodily harm” has the meaning given in

The Criminal Code section 1(1).

”.

20. Sections 54, 55 and 56 replaced

Sections 54, 55 and 56 are repealed and the following sections

are inserted instead —

“

54. Bodily harm: duty to stop and give information and assistance

(1)	If a vehicle driven by a person (the “driver”) is involved in an incident occasioning bodily harm to another person, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsections (2) and (6).
(2)	If a vehicle driven by a person (the “driver”) is involved in an incident occasioning bodily harm to another person (a “victim”), the driver must ensure that each victim receives all the assistance, including medical aid, that is necessary and practicable in the circumstances.
(3)	A person who contravenes subsection (1) or (2) commits a crime.
Penalty: imprisonment for —

(a)	20 years, if the incident occasioned death;
(b)	14 years, if the incident occasioned grievous bodily harm but not death;
(c)	10 years, in any other case.

Summary conviction penalty in a case to which

paragraph (c) applies: imprisonment for 3 years.

(4)	If in the opinion of the court an offence under subsection (3) is of a sufficiently serious nature the court may make an order disqualifying the offender

Road Traffic Amendment Act (No. 2) 2007

Part 2	Road Traffic Act 1974 amended
Division 3	Amendments about driving incidents
s. 20
from holding or obtaining a driver’s licence for such period as it thinks fit.

(5)	It is a defence to a charge of an offence under subsection (3) for the accused to prove that the accused was not aware of the occurrence of the incident.
(6)	If a vehicle driven by a person (the “driver”) is involved in an incident occasioning bodily harm to another person (a “victim”), the driver must, if required to do so by a victim, a representative of a victim, or a member of the Police Force, give the driver’s name and address and, if known to the driver, the name and address of a responsible person for the vehicle.
Penalty: a fine of 30 PU.
(7)	It is a defence to a charge of an offence under subsection (3) or (6) for the accused to prove that the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident.

55. Damage to property: duty to stop and give information

(1)	If a vehicle driven by a person (the “driver”) is involved in an incident in which any property is damaged, the driver must stop immediately after the
occurrence of the incident and for as long as is necessary to comply with subsection (4).
Penalty: a fine of 30 PU.
(2)	If in the opinion of the court an offence under subsection (1) is of a sufficiently serious nature the court may make an order disqualifying the offender from holding or obtaining a driver’s licence for such period as it thinks fit.

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments about driving incidents

Division 3

s. 20

(3)	It is a defence to a charge of an offence under subsection (1) for the accused to prove that the accused was not aware of the occurrence of the incident.
(4)	If a vehicle driven by a person (the “driver”) is involved in an incident in which any property is damaged, the driver must, if required to do so by a
a representative of that person or a member of the
person whose property was damaged in the incident or known to the driver, the name and address of a responsible person for the vehicle.
Penalty: a fine of 30 PU.
(5)	It is a defence to a charge of an offence under subsection (1) or (4) for the accused to prove that the accused could not comply with a requirement in that subsection because of an injury suffered by the accused in the incident.

56. Duty to report incidents involving bodily harm or damage to property

(1)

If a vehicle driven by a person (the “driver”) is

involved in an incident occasioning bodily harm to

another person, the driver must report the incident

forthwith to the officer in charge of a police station.

(2)

If a person contravenes subsection (1) and the incident

occasioned death or grievous bodily harm, the person

commits a crime.

Penalty: imprisonment for 10 years and in any event

the court convicting the person must order that the

offender is disqualified from holding or obtaining a

driver’s licence for a period of not less than

12 months.

Summary conviction penalty: imprisonment for

12 months and in any event the court convicting

Road Traffic Amendment Act (No. 2) 2007

Part 2	Road Traffic Act 1974 amended
Division 3	Amendments about driving incidents
s. 20

the person must order that the offender is

disqualified from holding or obtaining a driver’s

licence for a period of not less than 12 months.

(3)

If a person contravenes subsection (1) and the incident

did not occasion death or grievous bodily harm, the

person commits an offence.

Penalty: imprisonment for 12 months and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a

driver’s licence for a period of not less than

12 months.

(4)	If a vehicle driven by a person (the “driver”) is involved in an incident in which any property is damaged the driver must report the incident forthwith
to the officer in charge of a police station.
Penalty:

(a)	for a first offence, a fine of 8 PU;
(b)	for a subsequent offence, a fine of 16 PU.

(5)	It is a defence to a charge of an offence under subsection (2), (3) or (4) for the accused to prove that —

(a)	the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident; or
(b)	a member of the Police Force attended at the scene of the incident and took the necessary particulars of the incident.

(6)	It is a defence to a charge of an offence under subsection (4) for the accused to prove —

(a)	that the accused had reasonable cause for believing that the total value of the damage did

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments about driving incidents

Division 3

s. 21

not exceed the amount prescribed for the

purposes of this subsection; and

(b)	that the owner, in each case, of any property damaged was present or represented at the place where and at the time when, or immediately after, the incident occurred.

”.

21. Section 57 amended

(1)

Section 57(1) is amended by deleting the penalty clause.

(2)

Section 57(2) is repealed and the following is inserted

instead —

“

(2)

A person who is required under subsection (1) by a

member of the Police Force to give information must

not in response to the request give false information.

Penalty: applicable to subsections (1) and (2), a fine of

60 PU or imprisonment for 12 months.

”.

22. Section 59 amended

(1)

Section 59(1) is amended in the penalty clause by deleting

“18 months” and inserting instead —

“ 3 years ”.

(2)

Section 59(2) is amended as follows:

(a)	by inserting at the end of paragraph (b) —

“ and ”;

(b)	by deleting “; and” at the end of paragraph (c) and inserting instead a full stop;
(c)	by deleting paragraph (d).

Road Traffic Amendment Act (No. 2) 2007

Part 2

Road Traffic Act 1974 amended

Division 4

Amendments about graduated demerit point system for novice

drivers

s. 23

(3)

Section 59(3)(b) is amended by deleting “4 years” and inserting

instead —

“ 10 years ”.

23. Section 59A amended

Section 59A(2) is amended as follows:

(a)	by deleting the semicolon at the end of paragraph (b) and inserting instead a full stop;
(b)	by deleting paragraph (c).

24. Section 73 amended

Section 73 is amended by inserting after “sections” —

“ 54, 55 and 56 and in sections ”.

Subdivision 2 — Amendments depending on Road Traffic

Amendment Act 2006

25. Section 50 amended

Section 50 is amended by deleting “with whom the holder is

authorised to drive under section 43(2)” and inserting instead —

“

under whose instruction the permit authorises the

holder to drive

”.

Division 4 — Amendments about graduated demerit point

system for novice drivers

26. Section 104 amended

Section 104 is amended as follows:

(a)	by inserting before “In this Part” at the beginning of the section the subsection designation “(1)”;

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments about graduated demerit point system for novice

Division 4

drivers

s. 26

(b)	by inserting in their appropriate alphabetical positions —

“

“excessive demerit points (novice driver) notice”

means an excessive demerit points (novice driver)

notice under section 104IA(2);

“novice driver” has the meaning given in

subsection (2);

“novice driver (type 1)” means a novice driver who is

not a novice driver (type 2);

“novice driver (type 2)” means a novice driver who

has, for a period of at least 1 year or periods

adding up to at least 1 year, held —

(a)	an Australian driver licence; or
(b)	a licence or other authorisation granted to the person by an external licensing authority authorising the person to drive a motor vehicle other than solely for the purpose of learning to drive it;

”;

(c)	by inserting at the end of the section the following subsections —

“

(2)	For the purposes of this Part a person is a novice driver unless the person has, for a period of at least 2 years or periods adding up to at least 2 years, held —

(a)	an Australian driver licence; or
(b)	a licence or other authorisation granted to the person by an external licensing authority authorising the person to drive a motor vehicle other than solely for the purpose of learning to drive it.

Road Traffic Amendment Act (No. 2) 2007

Part 2

Road Traffic Act 1974 amended

Division 4

Amendments about graduated demerit point system for novice

drivers

s. 27

(3)

When deciding whether a person is a novice driver, or

which type of novice driver a person is, a period for

which the person held an Australian driver licence or

other authorisation is to be regarded as not including

any period for which the person, although holding an

Australian driver licence or other authorisation, was

excluded by law from driving under that authorisation.

”.

27. Section 104IA inserted

After section 104I the following section is inserted —

“

104IA.

Excessive demerit points (novice driver) notice

(1)	In this section —
“post-commencement demerit points” means

current demerit points other than those recorded

for an offence committed before the day on

which the Road Traffic Amendment Act (No. 2)

2007 section 27 comes into operation.

(2)

If the number of post-commencement demerit points

recorded in the demerit points register against a novice

driver (type 1) reaches at least 4, or against a novice

driver (type 2) reaches at least 8, the Director General

is to give the novice driver, in accordance with

section 104R, an excessive demerit points (novice

driver) notice stating —

(a)

the day on which that number of reached; and

(b)	the number of post-commencement demerit points reached on that day; and
(c)	that the period of disqualification is 3 months; and

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments about graduated demerit point system for novice

Division 4

drivers

s. 28

(d)	that the period of disqualification will commence on the day after the notice is given or a later day specified in the notice.

(3)	Post-commencement demerit points recorded against the person in the demerit points register on or before the day on which, according to the notice, the stated number of demerit points was reached are cancelled.
(4)	The person to whom the notice is given is disqualified from holding or obtaining a driver’s licence for the period of 3 months specified in the notice.
(5)	Nothing in this section prevents the day on which the period of disqualification commences from being postponed under section 104M.
(6)	Regulations referred to in section 104O(7) may provide for all or some of the post-commencement demerit points cancelled under subsection (3) to be again recorded against the person.
(7)	Nothing in this section prevents section 104I from applying to a novice driver.

”.

28. Section 104J amended

Section 104J(2) is amended by deleting the full stop at the end

of the subsection and inserting instead —

“ and must not be a novice driver. ”.

29. Section 104O amended

(1)	Section 104O(2) is amended as follows:

(a)	before paragraph (e), by inserting —

“

(da)	the day on which an excessive demerit points (novice driver) notice was given, and the

Road Traffic Amendment Act (No. 2) 2007

Part 2

Road Traffic Act 1974 amended

Division 5

Amendments about zero blood alcohol content for novice

drivers

s. 30

number of demerit points and period of

disqualification stated in it; and

”;

(b)	after each of paragraphs (a) to (f), by inserting —

“ and ”.

(2)	Section 104O(4) is amended by inserting after paragraph (a) —
“ or ”.

30. Section 104R amended

Section 104R(1) is amended by inserting before

paragraph (b) —

“

(aa)	an excessive demerit points (novice driver) notice; or

”.

Division 5 — Amendments about zero blood alcohol content for

novice drivers

31. Section 63 amended

Section 63(6) is amended as follows:

(a)	by inserting before “applied” —

“ or 64AAA ”;

(b)	by inserting before the full stop —

“ or 64AAA ”.

32. Section 64 amended

Section 64(4) is amended as follows:

(a)	by inserting before “applied” —

“ or 64AAA ”;

(b)	by inserting before the full stop —

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Amendments about zero blood alcohol content for novice

Division 5

drivers

s. 33

“ or 64AAA ”.

33. Section 64AA amended

Section 64AA(3) is amended as follows:

(a)	by inserting before “where” —

“ or 64AAA ”;

(b)	by inserting before “applied” —

“ or 64AAA ”.

34. Section 64A amended

After section 64A(3) the following subsection is inserted —

“

(4)	A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 64AAA where, at the time of the alleged offence, the person charged was a person to whom that section applied.

”.

35. Section 64AAA inserted

After section 64A the following section is inserted —

“

64AAA. Novice driver driving with any blood alcohol

content

(1)	A person who, being a novice driver, drives or attempts to drive a motor vehicle while having any blood alcohol content commits an offence.
Penalty: Not less than 2 PU or more than 6 PU.
(2)	In subsection (1) —
“novice driver” has the same meaning as it has in

section 104(2).

Road Traffic Amendment Act (No. 2) 2007

Part 2

Road Traffic Act 1974 amended

Division 5

Amendments about zero blood alcohol content for novice

drivers

s. 36

(3)	It is a defence to a charge of an offence under subsection (1) for the accused to prove that the accused’s blood alcohol content was not to any extent caused by any of the following:

(a)	the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance);
(b)	the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol.

”.

36. Section 66 amended

Section 66(2)(a)(ii) is amended by inserting before “applies” —

“ or 64AAA ”.

37. Section 70 amended

Section 70(1) is amended by deleting “or 64A,” and inserting

instead —

“ , 64A or 64AAA, ”.

38. Section 71B amended

Section 71B(1) is amended by inserting after “64A” —

“ , 64AAA ”.

39. Section 98 amended

Section 98(1a) is amended by deleting “64A” and inserting

instead —

“ 64A(1) or 64AAA ”.

Road Traffic Amendment Act (No. 2) 2007

Road Traffic Act 1974 amended

Part 2

Other amendment

Division 6

s. 40

Division 6 — Other amendment

40. Section 111 amended

Section 111 is amended by inserting after subsection (2b) the

following subsection —

“

(2c)	The regulations may make it an offence to contravene a condition imposed by or under the regulations, but this subsection does not limit the other consequences that
the regulations may attach to a contravention.

”.

Road Traffic Amendment Act (No. 2) 2007

Part 3	Young Offenders Act 1994 amended
s. 41

Part 3 — Young Offenders Act 1994 amended

41. The Act amended in this Part

The amendments in this Part are to the Young Offenders

Act 1994*.

[* Reprint 3 as at 15 July 2005.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and Act

No. 65 of 2006.]

42. Schedule 1 amended

Schedule 1 is amended under the heading for provisions of the

Road Traffic Act 1974 as follows:

(a)	in the description of an offence under section 64, by deleting “0.08%” and inserting instead —

“ 0.08g/100ml ”;

(b)	in the description of an offence under section 64AA, by deleting “0.05%” and inserting instead —

“ 0.05g/100ml ”;

(c)	in the description of an offence under section 64A, by deleting “0.02%” and inserting instead —

“ 0.02g/100ml ”.