Road Transport Act 2013 (NSW)
Passenger Transport Act 2014 No 46 (not commenced)
Fair Trading Amendment (Commercial Agents) Act 2016 No 52 (not commenced)
Road Transport Legislation Amendment Act 2020 No 33, Sch 1[2]–[8] (not commenced)
Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018 No 54 (amended by Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021 No 3), Sch 1[16] [21] and [22] (not commenced)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
Road Transport Amendment (Medicinal Cannabis) Bill 2023 [Non-government Bill— the Hon Jeremy Buckingham, MLC]
Road Transport Legislation Amendment (Post-Crash Drug and Alcohol Testing) Bill 2025
Road Transport Amendment (Medicinal Cannabis—Exemptions from Offences) Bill 2025 [Non-government Bill— Ms Cate Faehrmann, MLC ]
Road Transport and Other Legislation Amendment (Micromobility Vehicles and Smartcards) Bill 2025
Road Legislation Amendment (Speed Limits) Bill 2025 [Non-government Bill— Ms K L Shetty, MP]
An Act to make provision with respect to road transport law in New South Wales.
This Act is the Road Transport Act 2013.
This Act commences on a day or days to be appointed by proclamation.
(cf DL Act, s 3; STM Act, s 3; VR Act, s 3)
The objects of this Act are as follows—
(a) to consolidate in the one Act most of the existing statutory provisions concerning road users, road transport and the improvement of road safety in this jurisdiction,
(b) to provide for the following in a manner consistent with the Agreed Reforms within the meaning of the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into by the Commonwealth, the States and the Territories—
(i) a driver licensing system as part of a uniform national approach to driver licensing (including uniform driver licence classes and licence eligibility criteria),
(ii) a vehicle registration system as part of a uniform national approach to vehicle registration and standards,
(iii) systems for the improvement of road safety and transport efficiency,
(iv) the reduction of costs relating to administering road transport,
(c) to facilitate the recovery of expenses incurred in the administration of this Act (particularly, in connection with driver licensing and vehicle registration) and the collection of fees and charges payable under this Act and the statutory rules,
(d) to provide for additional matters concerning the regulation of road users and road transport and the improvement of road safety in this jurisdiction that are not otherwise dealt with by the Agreed Reforms.
(cf DL Act, s 17 and Dict; Gen Act, s 3; STM Act, Dict; VR Act, s 4)
In this Act—
(a) involves the presence of alcohol in a person’s breath or blood or the presence of a drug (other than alcohol) in a person’s oral fluid, blood or urine, and
(b) is prescribed by the statutory rules.
(a) an authorised officer for the purposes of this Act, or
(b) an authorised officer (within the meaning of the Heavy Vehicle National Law (NSW)), or
(c) an individual of another jurisdiction of a class prescribed by the statutory rules.
(a) Transport for NSW,
(b) the National Heavy Vehicle Regulator established under section 656 of the Heavy Vehicle National Law (NSW),
(c) the road authority for another participating jurisdiction (within the meaning of the Heavy Vehicle National Law (NSW)),
(d) any other person or body of another jurisdiction prescribed by the statutory rules for the purposes of this definition.
(a) a driver licence, or
(b) a licence, probationary licence, conditional licence, restricted licence, provisional licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.
(a) a police officer, or
(b) a member (however described) of the police force or police service of another jurisdiction.
(a) the NSW registrable vehicles register, or
(b) a register maintained under the law of another jurisdiction that corresponds, or substantially corresponds, to the NSW registrable vehicles register.
(a) a police officer, or
(b) a person appointed as an authorised officer, or person belonging to a class of persons appointed as authorised officers, under section 166 (Authorised officers), or
(c) a person, or a person belonging to a class or description of persons, prescribed by the statutory rules.
(a) its GCM and GVM, and
(b) its speed capabilities.
(a) constructed principally to carry persons, and
(b) equipped to seat more than 8 adult persons, and
(c) used to convey passengers for hire or reward or in the course of trade or business.
(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act or a specified provision or provisions of this Act, or
(b) a law of another jurisdiction that is declared under the statutory rules to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act or a specified provision or provisions of this Act.
(a) be in control of the steering, movement or propulsion of a vehicle, and
(b) in relation to a trailer, draw or tow the trailer, and
(c) ride a vehicle.
(a) is issued following an application for an Australian driver licence and after payment of any applicable fee, and
(b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.
(a) alcohol, and
(b) a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, not being a substance specified in the statutory rules as being excepted from this definition, and
(c) any other substance prescribed by the statutory rules as a drug for the purposes of this definition, and
(d) any other substance that, when taken by an ordinary person, is reasonably likely to deprive the person of, or impair, his or her normal mental or physical faculties (whether temporarily or permanently).
(a) contracts of employment, apprenticeship or training, or
(b) contracts for services.
(a) do an act, or
(b) omit to perform an act.
(a) held by a person who is ordinarily resident in a foreign country and not a permanent resident of Australia, and
(b) issued in the country in which the person is ordinarily resident.
For former road transport law in this jurisdiction, see for example, the Acts and statutory rules that constituted the
(a) if the vehicle is normally kept at a depot when not in use—the principal depot of the vehicle, or
(b) if the vehicle is normally kept on a road or road related area when not in use—
(i) where the vehicle has one registered operator—the home address of the registered operator, or
(ii) where the vehicle has more than one registered operator and one or more of the operators reside in this jurisdiction—the home address of the registered operator residing in this jurisdiction whose address is nearest the road or road related area, or
(iii) where the vehicle has more than one registered operator and none of the registered operators reside in this jurisdiction—the suburb and road or road related area in this jurisdiction where the vehicle is normally kept, or
(c) if the vehicle is normally kept at a place (other than a depot or a road or road related area) when not in use—the place where the vehicle is normally kept.
See section 64 concerning the number of registered operators for a registrable vehicle that may be recorded in the NSW registrable vehicles register.
(a) as specified by the motor vehicle’s manufacturer, or
(b) as specified by Transport for NSW if—
(i) the manufacturer has not specified the sum of the maximum loaded mass, or
(ii) the manufacturer cannot be identified, or
(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.
(a) animals (whether alive or dead), and
(b) a container (whether empty or not),
but does not include people, fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.
(a) as stated on the RAV for the vehicle, or
(b) if the GVM is not stated on the RAV—as stated by the vehicle’s manufacturer on an identification plate on the vehicle, or
(c) if the GVM is not stated on the RAV or on the vehicle’s identification plate, or if there is a specification on an identification plate on the vehicle but the specification is not appropriate because the vehicle has been modified—as certified by Transport for NSW.
(a) a special purpose vehicle that has such a GVM, and
(b) a passenger-carrying vehicle that has such a GVM.
(a) in the case of an individual—the person’s residential address or place of abode in Australia, or
(b) in the case of a body corporate that has a registered office in Australia—the address of the registered office, or
(c) in any other case—the address of the person’s principal or only place of business in Australia.
(a) a vehicle used on a light rail system within the meaning of the Transport Administration Act 1988, or
(b) any other light rail system prescribed by the statutory rules.
(a) all the goods, passengers and drivers in or on the vehicle or combination, and
(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation, and
(c) personal items used by a driver of the vehicle or combination, and
(d) anything that is normally removed from the vehicle or combination when not in use,
and includes a part of a load as so defined.
(a) an offence by a person (the
offender ), in respect of the death of or bodily harm to another person caused by or arising out of the use of a motor vehicle driven by the offender at the time of the occurrence out of which the death of or harm to the other person arose, for which the offender is convicted of—(i) the crime of murder or manslaughter, or
(ii) an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900,
(b) an offence against section 51A, 51B or 52AB of the Crimes Act 1900,
(c) an offence against section 110(1), (2), (3)(a) or (b), (4)(a) or (b) or (5)(a) or (b),
(d) an offence against section 111, 112(1)(a) or (b), 117(2), 118 or 146,
(d1) a combined alcohol and drug driving offence,
(e) an offence against section 117(1) of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm),
(f) an offence against clause 16(1)(b), 17 or 18 of Schedule 3,
(g) an offence of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any crime or offence referred to in paragraph (a)–(f),
(h) any other crime or offence that, at the time it was committed, was a major offence for the purposes of this Act, the Road Transport (General) Act 2005, the Road Transport (General) Act 1999 or the Traffic Act 1909.
(a) in relation to a vehicle (including a vehicle in a combination)—means a person who—
(i) is the sole owner, a joint owner or a part owner of the vehicle, or
(ii) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else, or
(b) in relation to a combination—means a person who—
(i) is the sole owner, a joint owner or a part owner of the towing vehicle in the combination, or
(ii) has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else.
(a) in relation to the provisions of Chapter 3—
(i) a penalty notice issued under Division 3 of Part 7.3, or
(ii) a penalty reminder notice issued under the Fines Act 1996, and
(b) in relation to any other provisions of this Act—a penalty notice issued under Division 3 of Part 7.3.
(a) delta-9-tetrahydrocannabinol (also known as THC),
(b) methylamphetamine (also known as speed),
(c) 3,4-methylenedioxymethylamphetamine (also known as ecstasy),
(d) cocaine.
(a) is a primary producer as defined by the statutory rules, and
(b) meets the eligibility criteria for a primary producer, if any, prescribed by the statutory rules.
(a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia, or
(b) issued to replace an equivalent licence issued under a corresponding driver law.
(a) the Crown in any capacity, or
(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority, or
(c) a police force or police service.
(a) of public resort open to or used by the public as of right, or
(b) for the time being—
(i) used for a public purpose, or
(ii) open to access by the public,
whether on payment or otherwise, or
(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public,
but does not include—
(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use, or
(e) a road or road related area, or
(f) a place declared by the statutory rules not to be a public place.
(a) the drivers of and passengers in vehicles and combinations, and
(b) persons in or in the vicinity of (or likely to be in or in the vicinity of) roads, road infrastructure and public places, and
(c) vehicles and combinations and any loads in or on them.
(a) any motor vehicle, or
(b) any trailer, or
(c) any other vehicle prescribed by the statutory rules for the purposes of this definition.
(a) an Australian driver licence, or
(b) a learner licence issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.
(a) a road, including its surface or pavement, and
(b) anything under or supporting a road or its surface or pavement and maintained by a roads authority, and
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road, and
(d) any bridge or other work or structure located above, in or on a road and maintained by a roads authority, and
(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d), and
(f) anything declared by the statutory rules to be included in this definition,
but does not include anything declared by the statutory rules to be excluded from this definition.
(a) an area that divides a road, or
(b) a footpath or nature strip adjacent to a road, or
(c) an area that is open to the public and is designated for use by cyclists or animals, or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or
(e) a shoulder of a road, or
(f) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.
(a) a vehicle (other than one declared by the statutory rules not to be a special purpose vehicle for the purposes of this definition) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers, or
(b) a vehicle declared by the statutory rules to be a special purpose vehicle for the purposes of this definition.
(a) for the holder of a learner licence or a provisional P1 licence—4 or more demerit points, and
(b) for the holder of a provisional P2 licence—7 or more demerit points, and
(c) for the holder of an unrestricted driver licence (other than a professional driver)—13 or more demerit points, and
(d) for the holder of an unrestricted driver licence who is a professional driver—14 or more demerit points.
(a) is built to be towed, or is towed, by a motor vehicle, and
(b) is not capable of being propelled in the course of normal use on roads or road related areas without being towed by a motor vehicle,
whether or not its movement is aided by some other power source, but does not include—
(c) a motor vehicle being towed, or
(d) anything declared by the statutory rules to be excluded from this definition.
(a) demonstrating that a person is the holder of a driver licence,
(b) providing evidence or proof of the licence holder’s age, address or identity,
(c) satisfying a requirement under this Act, or another Act or law, to hold, produce or display, however described, a driver licence.
(a) any description of vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or
(b) any description of tracked vehicle (such as a bulldozer), or any description of vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway, or
(c) any other description of vehicle prescribed by the statutory rules.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to statutory rules made for the purposes of a provision of this Act is a reference to statutory rules made under this Act for or with respect to a matter that is required or permitted to be prescribed by the provision.
A reference in a provision of this Act relating to the road transport legislation (other than this Act or the statutory rules) to an expression that is defined in the legislation includes, for the purposes of the application of the provision to the legislation, the expression as defined in the legislation.
A reference in this Act—
(a) to the Road Transport (General) Act 2005 is a reference to that Act as in force before it was renamed and amended by the Road Transport Legislation (Repeal and Amendment) Act 2013, or
(b) to the Road Transport (General) Regulation 2005 is a reference to that Regulation as in force before it was renamed and amended by the Road Transport (Statutory Rules) Act 2013.
The Road Transport (General) Act 2005 was renamed as the Road Transport (Vehicle and Driver Management) Act 2005 by the Road Transport Legislation (Repeal and Amendment) Act 2013. It was also amended to confine its operation to mass, dimension and load restraint requirements for heavy vehicles and other vehicles and to the regulation of certain other matters relating to heavy vehicles (such as driver fatigue management and heavy vehicle speeding compliance) pending the implementation in this jurisdiction of the proposed Heavy Vehicle National Law. Various compliance and enforcement provisions in the Road Transport (General) Act 2005 for the road transport legislation generally have now been relocated to this Act. See, in particular, Chapter 7.
The Road Transport (General) Regulation 2005 was also renamed as the Road Transport (Vehicle and Driver Management) Regulation 2005 by the Road Transport (Statutory Rules) Act 2013, and its operation was similarly confined.
The Road Transport (Vehicle and Driver Management) Act 2005 and Road Transport (Vehicle and Driver Management) Regulation 2005 have been repealed. See now the Heavy Vehicle National Law (NSW).
For the purposes of this Act, an offence is taken to have been
(a) the whole or any part of the penalty specified in the notice has been paid, or
(b) the penalty specified in the notice has not been paid, the person to whom it was issued has not elected to have the matter dealt with by a court and the time for the person to have the matter so dealt with has lapsed.
(cf Gen Act, s 3(3))
Each reference in this Act (except in this Part) to a
(cf Gen Act, s 5)
In this Act,
(a) this Act and the statutory rules,
(b) (Repealed)
(c) the Motor Vehicles Taxation Act 1988 and the regulations under that Act,
(d) any other Act or statutory rule made under any other Act (or any provision of such an Act or statutory rule) that is prescribed by the statutory rules.
Statutory rules referred to in subsection (1)(d) prescribing an Act or statutory rule made under another Act (or provision of such an Act or statutory rule) cannot be made without the concurrence of the Minister administering the Act or statutory rule concerned.
A provision of this Act relating to the road transport legislation does not apply to the road transport legislation if that legislation provides otherwise either expressly or by necessary intendment.
(cf Gen Act, s 3(1); STM Act, cl 1 of Dict; VR Act, s 4)
Except as provided by subsections (2) and (3), in this Act
In this Act,
In this Act,
(cf Gen Act, s 3(1); VR Act, s 4)
Except as provided by subsections (2) and (3), in this Act a
In this Act, an
(a) in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register as the person responsible for the vehicle, or
(b) in relation to a combination—means a person recorded in an Australian registrable vehicles register as the person responsible for the towing vehicle in the combination.
In this Act, a
(a) in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the vehicle, or
(b) in relation to a combination—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the towing vehicle in the combination.
(cf DL Act, ss 25(5) and 25A(11); Gen Act, s 96; STM Act, cl 2 of Dict)
This section applies to the determination of whether an offence against a provision of this Act or the statutory rules is—
(a) a first offence, or
(b) a second or subsequent offence.
The Act and the statutory rules provide in some cases for different penalties or disqualification periods, or for forfeitures or the making of mandatory interlock orders, in connection with an offence depending on whether a particular offence is a first offence or a second or subsequent offence.
If a person is convicted of an offence (the
(a) the person, within the applicable re-offending period (if any) for the offence concerned, was convicted of another offence (the
previous offence ) that was—(i) an offence against the same provision, or
(ii) an offence against a former corresponding provision, or
(iii) an equivalent offence to the new offence, and
(b) the occasion when the new offence occurred was different from the occasion when the previous offence occurred.
If a person is convicted of an offence against this Act (the
(a) within the period of 5 years immediately before being convicted of the new offence, the person committed an alcohol or other drug related driving offence (the
previous offence ), and(b) that previous offence—
(i) was against the same provision as, or was an equivalent offence to, the new offence, and
(ii) was dealt with by way of penalty notice, and
(c) the occasion when the new offence occurred was different from the occasion when the previous offence occurred.
Except as provided by subsection (4), the
(a) the period of 5 years, or
(b) such other period as may be specified by a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) as the applicable re-offending period for the offence for the purposes of this section.
An offence does not have an applicable re-offending period if a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) specifies that there is no such period for the offence for the purposes of this section.
A previous offence is an
(a) where the new offence is an offence against section 54(1)—the previous offence was an offence against section 53(3) or 54(3) or (4) or a corresponding former provision or a major offence, or
(b) where the new offence is an offence against section 54(3)—the previous offence was an offence against section 53(3) or 54(1) or (4) or a corresponding former provision or a major offence, or
(c) where the new offence is an offence against section 54(4)—the previous offence was an offence against section 53(3) or 54(1) or (3) or a corresponding former provision or a major offence, or
(d) where the new offence is an offence against a provision of Chapter 5 or Schedule 3—the previous offence was a major offence, or
(e) a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) declares the offence to be an equivalent offence to another offence for the purposes of this section.
Without limiting subsection (5)(e), an offence against a law of another jurisdiction may be declared to be an equivalent offence for the purposes of this section.
In determining whether an offence is a second or subsequent offence, the following matters are immaterial—
(a) the order in which the offences concerned are committed,
(b) whether or not the offences concerned were subject to the same penalties.
An offence against a provision of this Act or the statutory rules is a
If the court is satisfied that a person is guilty of an offence but cannot determine (from the information available to the court) whether the offence is a first offence for which the person was convicted, the court may only impose a penalty for the offence as if it were a first offence.
(cf Gen Act, s 6)
In the road transport legislation, the
(a) in relation to a vehicle that is registered in Australia—each of the following persons—
(i) an Australian registered operator of the vehicle, except where the vehicle has been disposed of by the operator,
(ii) if the vehicle has been disposed of by a previous Australian registered operator—a person who has acquired the vehicle from the operator,
(iii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and
(b) in relation to a vehicle to which a trader’s plate is affixed that is not registered in Australia—each of the following persons—
(i) the person to whom the trader’s plate is issued,
(ii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and
(c) in relation to a vehicle that is not registered in Australia and to which no trader’s plate is affixed—each of the following persons—
(i) a person who was last recorded in an Australian registrable vehicles register as being responsible for the vehicle,
(ii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and
(d) any other person (or class of persons) prescribed by the statutory rules for the purposes of this definition.
For the purposes of subsection (1)(d), the statutory rules may prescribe different persons for different provisions of the road transport legislation.
(cf Gen Act, s 7)
Subject to any statutory rules made for the purposes of subsection (2), if more than one person is the responsible person for a vehicle at any one time, a reference in any relevant legislation to the responsible person for a vehicle within the meaning of this Act or any other road transport legislation is taken to include a reference to each person who is a responsible person for such a vehicle.
The statutory rules may provide for the determination of the respective rights, liabilities and obligations of each responsible person for a vehicle under any relevant legislation, but only with the concurrence of the Minister administering the relevant legislation.
In this section—
(a) a provision of the road transport legislation, or
(b) a provision of any other Act (or a provision of a statutory rule made under any such Act) concerned with the responsible person for a vehicle within the meaning of this Act or any other road transport legislation.
(cf DL Act, s 5; STM Act, s 6; VR Act, s 5)
The statutory rules may apply (whether with or without modifications) any or all of the provisions of the Acts Interpretation Act 1901 of the Commonwealth to the interpretation of—
(a) this Act or the statutory rules (or specified provisions of this Act or the statutory rules), or
(b) any instrument made under this Act or the statutory rules (or specified provisions of any such instrument).
This section does not prevent the Interpretation Act 1987 from applying to any provision of this Act or the statutory rules (or of an instrument made under this Act or the statutory rules) to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth to any such provision by a statutory rule referred to in subsection (1).
Notes included in this Act do not form part of this Act.
For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Acts and statutory rules (as in force immediately before the enactment of this Act). Abbreviations in these notes include the following—
(a) DL Act is a reference to the Road Transport (Driver Licensing) Act 1998 No 99,(b) Gen Act is a reference to the Road Transport (General) Act 2005 No 11,(c) Gen Reg is a reference to the Road Transport (General) Regulation 2005,(d) STM Act is a reference to the Road Transport (Safety and Traffic Management) Act 1999 No 20,(e) STM Reg is a reference to the Road Transport (Safety and Traffic Management) Regulation 1999,(f) VR Act is a reference to the Road Transport (Vehicle Registration) Act 1997 No 119.
(cf Gen Act, s 14)
Subject to this section, nothing in the road transport legislation—
(a) affects any of the provisions of any other Act or any statutory rule made under any other Act, or takes away any powers vested in any person or body by any other Act or statutory rule made under any other Act, except as provided by this section, or
(b) affects any liability of any person at common law except to the extent that the road transport legislation provides otherwise either expressly or by necessary intendment.
An Act that forms part of the road transport legislation is to be construed as prevailing over any other Act to the extent of any inconsistency unless the other Act provides otherwise either expressly or by necessary intendment.
An Act that forms part of the road transport legislation is to be construed as prevailing over any statutory rule made under any other Act to the extent of any inconsistency unless the other Act provides otherwise either expressly or by necessary intendment.
A statutory rule that forms part of the road transport legislation is to be construed as prevailing over any other Act or statutory rule made under another Act to the extent of any inconsistency in respect of driver licensing, vehicle registration or traffic on roads (or other related matters) unless the other Act provides otherwise either expressly or by necessary intendment.
Despite subsections (2)–(4), the statutory rules may provide that any other Act or a statutory rule (or any provision of another Act or statutory rule) is to be construed as prevailing over an inconsistent provision of the road transport legislation.
The expression
(a) a regulation, by-law, rule or ordinance—
(i) that is made by the Governor, or
(ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or
(b) a rule of court.
(cf Gen Act, s 12)
For the purpose of facilitating the administration and enforcement of the road transport legislation, the statutory rules may provide that specified roads legislation (or specified provisions of the roads legislation) does not apply to a vehicle, person or animal (or any class of vehicles, persons or animals) to the extent specified by the statutory rules.
In this section—
(a) the Roads Act 1993 (or any regulations made under that Act), or
(b) the Heavy Vehicle National Law (NSW) (or any regulations in force for the purposes of that Law).
(cf Gen Act, s 9)
A term of any contract or agreement that purports to exclude, limit or modify the operation of this Act or of any provision of this Act is void to the extent that it would otherwise have that effect.
(cf DL Act, s 6; Gen Act, s 8; STM Act, s 5; VR Act, s 23)
This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.
(cf Gen Act, s 15)
The Minister may declare, by order published in the Gazette, that the road transport legislation, or any specified provision of the road transport legislation—
(a) applies to a specified area of this jurisdiction that is open to or used by the public, or
(b) does not apply to a specified road.
The Minister may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of
The declaration has effect until it is rescinded, revoked or repealed, or for the period specified in the declaration.
(cf Gen Act, s 16)
The Minister may declare, by order published in the Gazette, that the road transport legislation (or a specified provision of the road transport legislation) does not apply to a vehicle, person or animal in any location or circumstance specified in the order.
The Minister may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of
The declaration has effect until it is rescinded, revoked or repealed, or for the period specified in the declaration.
(cf Gen Act, s 17)
Before making a declaration under this Division in respect of Chapter 4 (Vehicle registration), or any statutory rules made for the purposes of that Chapter, the Minister is to consult with the Minister administering the Motor Accident Injuries Act 2017.
(cf DL Act, s 20(2)(k) and (l); Gen Act, s 13; STM Act, s 72; VR Act, s 16)
The statutory rules may—
(a) exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the statutory rules from the operation of this Act or the statutory rules (or specified provisions of this Act or the statutory rules), and
(b) authorise Transport for NSW to exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the statutory rules from the operation of this Act or the statutory rules (or specified provisions of this Act or the statutory rules), and
(c) without limiting paragraphs (a) and (b), provide that this Act or the statutory rules (or specified provisions of this Act or the statutory rules) do not apply to a driver or a class of drivers.
An exemption granted by or under the statutory rules as referred to in subsection (1) may be given unconditionally or on specified conditions.
The statutory rules may provide for Transport for NSW to do either or both of the following—
(a) to suspend the operation of any statutory rule referred to in subsection (1) in such manner and in such circumstances as may be specified by the statutory rules,
(b) to suspend the operation of an exemption, or to revoke an exemption, given by it to any vehicle, person or animal in such manner and in such circumstances as may be specified by the statutory rules.
(Repealed)
(cf DL Act, s 19(1); Gen Act, s 10(1); STM Act, ss 71(1) and 72A; VR Act, s 14(1))
The Governor may make regulations and rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Without limiting section 43 of the Interpretation Act 1987, the rules may amend or repeal the regulations and the regulations may amend or repeal the rules.
Section 43 of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make a statutory rule, the power includes power to amend or repeal any statutory rule made in the exercise of that power.
A reference in any other Act or law to a matter prescribed by the rules or regulations under this Act (however expressed) includes a reference to a matter prescribed by the statutory rules.
The same legal rules and principles apply to the resolution of an inconsistency between a rule and a regulation as apply to the resolution of an inconsistency between regulations.
(cf DL Act, s 20(4) and (5); STM Act, s 71(2) and (11))
Without limiting section 23 or any other provision of this Act conferring a power to make statutory rules, the statutory rules may make provision for or with respect to the matters set out in Schedule 1 (Examples of statutory rule-making powers).
Without limiting Schedule 1 or any other provision of this Act conferring a power to make statutory rules in relation to fees, the statutory rules may impose a fee in respect of services provided by Transport for NSW under this Act or the statutory rules despite the fact that the fee may also comprise a tax.
A provision of the statutory rules made for the purposes of clause 1(2)(g) of Schedule 1 has effect despite anything to the contrary in section 150(5) of the Liquor Act 2007.
(cf DL Act, s 19(2); Gen Act, s 11(3); STM Act, s 71(3)–(6))
The statutory rules—
(a) may apply, adopt or incorporate, whether wholly or in part or with or without modifications, any of the following (either as in force or effect at a particular time or from time to time)—
(i) any publication of the National Transport Commission that has been approved (whether before or after the commencement of this section) by the Australian Transport Council,
(ii) a national road vehicle standard under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12,
(iii) any other publication (including any Act or statutory rule of another jurisdiction), and
(b) may apply to any provision of the statutory rules, whether wholly or in part or with or without modifications, the provisions of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.
Subsection (1)(a) extends to documents approved by the Australian Transport Council that have been published in this jurisdiction by Transport for NSW on behalf of the National Transport Commission.
If a statutory rule applies, adopts or incorporates by way of reference any publication (or provision of a publication) referred to in subsection (1)(a) of the National Transport Commission that has been approved by the Australian Transport Council, evidence of the publication or provision may be given in any proceedings—
(a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of the National Transport Commission, or
(b) by the production of a document purporting to be a copy of it and purporting to be—
(i) published on the NSW legislation website, in the Gazette or on another NSW Government website, or
(ii) printed by the authority of the Government, or
(iii) printed by the government printer or by the authority of the government of another jurisdiction.
For the purposes of the statutory rules, the statutory rules may define an expression (or apply, adopt, or incorporate a definition of an expression in a publication referred to in subsection (1)(a)) that is defined by this Act—
(a) in the same (or in substantially the same) way as it is defined by this Act, or
(b) by reference to one or more classes of matter included in the expression as defined by this Act, or
(c) by reference to a combination of classes of matter included in the expression as defined by this Act and in any other expression defined by this Act (but not so as to exceed the power to make statutory rules in respect of those classes of matter), or
(d) for the purposes of applying, adopting or incorporating a publication of the National Transport Commission that has been approved by the Australian Transport Council—in the same way as it is defined in the publication despite anything contained in this Act or any other road transport legislation.
(cf DL Act, ss 19(3) and 19A; Gen Act, ss 10(4), 11A(3), 11B(3), 11C(3) and 28A(3); STM Act, s 71(7)–(10); VR Act, s 14(4))
Subject to subsection (2), the statutory rules may create offences (including by making provision for or with respect to defences for such offences and who bears the onus of proof in respect of such defences).
Offences created by the statutory rules may be made punishable by a penalty not exceeding 50 penalty units.
In addition to a penalty referred to in subsection (2), the statutory rules may provide for a person who is convicted of an offence against this Act or the statutory rules—
(a) to be automatically disqualified by virtue of the conviction from holding a driver licence for a period not exceeding 6 months, or
(b) to be disqualified by order of the court that convicts the person of the offence from holding a driver licence for such period as the court thinks fit (whether for a period that is shorter or longer than a period of automatic disqualification referred to in paragraph (a)).
The statutory rules may provide for a person who is prosecuted for an aggravated form of an offence against the statutory rules to be convicted by a court of a lesser offence if the court is not satisfied that the elements of the aggravated offence have been proven, but is satisfied that the elements of the lesser offence have been proven.
The statutory rules may provide for a document that is signed or purports to be signed by or on behalf of Transport for NSW or other specified person in respect of a speed limit applying to a road that certifies any matter specified by the statutory rules concerning the speed limit (or the operation of any device by means of which the speed limit is imposed) to be admissible and prima facie evidence of that matter in proceedings before a court or tribunal.
(cf DL Act, s 8)
Transport for NSW is to maintain a register of driver licences (the
Transport for NSW also has the following functions under this Chapter—
(a) to administer the driver licensing system established by this Chapter and the statutory rules,
(b) to maintain the NSW demerit points register in accordance with this Chapter and the statutory rules,
(c) to provide information about drivers in accordance with the statutory rules,
(d) to exercise such other functions concerning driver licensing as are conferred or imposed by or under this Chapter and the statutory rules.
(cf DL Act, s 9)
Transport for NSW must not issue a driver licence to a person unless it is satisfied that the person is a resident of this jurisdiction and that—
(a) the person is eligible to be issued with, or to apply for, the driver licence, and
(b) if the person is the holder of an Australian driver licence or a licence to drive a motor vehicle in a foreign country, that licence has been surrendered,
in accordance with the statutory rules.
However, Transport for NSW may issue a driver licence to a person without the person surrendering the person’s licence to drive a motor vehicle in a foreign country in circumstances prescribed by the statutory rules.
Transport for NSW must not renew a driver licence of a person if it is satisfied that the person is no longer a resident of this jurisdiction.
Subsections (1) and (3), to the extent that they require a person to be a resident of this jurisdiction, do not apply to a person who resides temporarily outside this jurisdiction.
This section does not limit the other circumstances in which Transport for NSW may refuse to issue or renew a licence.
(cf DL Act, s 11)
Transport for NSW must, in accordance with the statutory rules, recognise—
(a) driver licences issued by another jurisdiction, and
(b) licence conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to that other jurisdiction or that are prescribed by the statutory rules.
The statutory rules may provide for the effect of the recognition of driver licences and licence conditions by Transport for NSW.
If a person who holds a driver licence issued by another driver licensing authority—
(a) commits an offence in this jurisdiction that is included in the national schedule of demerit points, or
(b) pays the amount specified in a penalty notice for such an offence,
Transport for NSW must, as soon as practicable, transmit all relevant information about the offence to the other driver licensing authority.
If a person who is not the holder of an Australian driver licence—
(a) commits an offence in this jurisdiction that is included in the national schedule of demerit points, or
(b) pays the amount specified in a penalty notice for such an offence,
Transport for NSW must transmit the relevant information about the offence to the driver licensing authority of the jurisdiction in which the person ordinarily resides.
However, Transport for NSW is not required to transmit any information until after—
(a) if the person appeals against a conviction for the offence and the appeal is dismissed or discontinued—the dismissal or discontinuance of the appeal, or
(b) if the person does not appeal—the last time at which the person could have appealed, or
(c) if the person does not pay the penalty specified in a penalty notice issued to the person in respect of the offence and the person does not elect to have the matter dealt with by a court—the time for the person to have the matter so dealt with has elapsed.
If Transport for NSW receives information about a person from another driver licensing authority under a provision of a law of the other jurisdiction that corresponds to this section, Transport for NSW must take the action it would have taken if the offence had been committed in this jurisdiction.
(cf DL Act, s 12)
Transport for NSW must ensure that information contained in the NSW driver licence register or the NSW demerit points register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the statutory rules or under another law.
However, if the register includes any photograph to which Part 3.5 applies, Part 3.5 (rather than the statutory rules) applies to the release of that photograph.
(cf DL Act, s 14)
Transport for NSW is to maintain a register of demerit points (the
Transport for NSW is to record, in the NSW demerit points register, against a person the number of demerit points specified in the statutory rules if—
(a) the person is convicted of an offence specified in the national schedule of demerit points or any other offence specified in the statutory rules, or recognised, under section 32, or
(b) the person pays the whole or any part of the penalty specified in a penalty notice issued to the person in respect of the offence, or
(c) the person has not paid the penalty specified in a penalty notice issued to the person in respect of the offence, the person has not elected to have the matter dealt with by a court and the time for the person to have the matter so dealt with has lapsed.
Demerit points incurred by a person for an offence for which demerit points may be incurred under this Chapter or the statutory rules are to be recorded in the NSW demerit points register in respect of the day on which the offence was committed.
To avoid doubt, Transport for NSW is not to record demerit points against a person under this Division in respect of an offence if the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence.
Without limiting this section, Transport for NSW—
(a) may change the NSW demerit points register to correct a mistake, error or omission in the register, subject to the requirements of the statutory rules, and
(b) must change the NSW demerit points register if required under section 32A.
If the holder of a driver licence issued by another driver licensing authority commits an offence in this jurisdiction that warrants demerit points, Transport for NSW must transmit all relevant information about the offence to the other authority (see section 29(3)).
(cf DL Act, s 15)
The statutory rules may prescribe—
(a) the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points, and
(b) additional offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction for which demerit points may be incurred and the number of demerit points incurred for each offence.
Transport for NSW may, by notice published in the Gazette—
(a) recognise offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction or another jurisdiction that are not on the national schedule of demerit points as being offences for which Transport for NSW will record demerit points against persons, and
(b) specify the number of demerit points incurred for each of those offences.
Transport for NSW may, by notice published in the Gazette, revoke the recognition of an offence against subsection (2) or amend the number of demerit points specified for an offence. Any such revocation or amendment takes effect on the day the notice is published in the Gazette, or on such later day as may be specified in the notice.
A statutory rule or a notice under this section may specify different numbers of demerit points for the same offence in different circumstances (whether or not the offence is contained in the national schedule of demerit points).
An offence is taken to be recognised under this section on the day the notice is published in the Gazette or on such later day as may be specified in the notice.
A revocation or amendment under subsection (3) does not affect any demerit points incurred before the revocation or amendment takes effect.
Transport for NSW must, as soon as practicable after the end of the trial period, reduce the number of demerit points recorded in the NSW demerit points register against an eligible person by 1 point if—
(a) during the 3 years preceding the start of the trial period, demerit points were recorded in the register against the eligible person, and
(b) during the trial period, the eligible person did not commit a relevant offence, and
(c) at the end of the trial period, demerit points were recorded in the register against the eligible person.
In this section—
(a) means a person who held an unrestricted driver licence for the duration of the trial period, and
(b) includes a person—
(i) whose unrestricted driver licence was suspended or cancelled, or whose application to renew the licence was refused on medical grounds, during the trial period, or
(ii) whose unrestricted driver licence was suspended, or whose application to renew the licence was refused, during the trial period, for a failure to pay a fine or other penalty if the total period of the suspension, or period in which the application to renew the licence was refused, was less than 3 months, or
(iii) whose unrestricted driver licence was expired during the trial period for a period of less than 6 months before being renewed, or
(iv) whose unrestricted driver licence was suspended during the trial period by the Commissioner of Police or another police officer if—
(A) the charge that resulted in the suspension was withdrawn, or
(B) a decision was made not to enforce the penalty notice that resulted in the suspension.
(a) means an offence —
(i) which Transport for NSW must record in the NSW demerit points register under section 32(1), or
(ii) as a result of which a person is disqualified from holding or obtaining a driver licence, or
(iii) against section 53, and
(b) includes an offence of a kind mentioned in paragraph (a), including one which would incur a disqualification period if the driver were convicted, in relation to which the court makes an order under the Crimes (Sentencing Procedure) Act 1999, section 10.
(a) the period prescribed by the statutory rules, or
(b) if a period is not prescribed under paragraph (a)—the period starting on 17 January 2023 and ending on 16 January 2024.
This section and section 31(5)(b) expire on the later of the following—
(a) 31 January 2025,
(b) a date prescribed by the statutory rules.
(cf DL Act, s 16(2)–(6))
Transport for NSW must give a notice of licence suspension to the holder of an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.
Despite subsection (1), Transport for NSW is not required to take action under that subsection if it is of the opinion that—
(a) it would be unreasonable to do so, having regard to the date when any relevant offence was committed, or
(b) it would be more appropriate for the person to be dealt with under section 34(2) or 35.
The notice of licence suspension must specify the date on which the suspension is to take effect and must contain any other matters specified by the statutory rules. The date specified must not be earlier than 28 days after the notice is given.
The period of licence suspension under subsection (1) is the period applicable under the following table—
Licence suspension for demerit points
Number of demerit points incurred within previous 3 years | Period of licence suspension |
13 (or 14 in the case of a professional driver) to 15 | 3 months |
16 to 19 | 4 months |
20 or more | 5 months |
If a person who has been served with a notice of licence suspension does not make an election under section 36, all driver licences held by the person are suspended for the period applicable under this section on and from the date specified in the notice.
(cf DL Act, s 16AA)
Demerit points recorded against a person must be taken into account if the person subsequently obtains or applies for a driver licence within 3 years of the date of the offence for which the demerit points are incurred.
For the purposes of subsection (1), if a person applies for a driver licence (including for the renewal of a licence) having incurred 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within a 3-year period ending on the day on which the applicant last committed an offence for which demerit points have been recorded against the applicant—
(a) Transport for NSW may refuse the person’s application and take action under section 35, or
(b) Transport for NSW may grant the licence and take action under section 33.
(cf DL Act, s 16A(1)–(5))
Transport for NSW may give a notice of licence ineligibility to the applicant for an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.
However, Transport for NSW may not give a person both a notice of licence ineligibility and a notice of licence suspension under section 33 in respect of the same 3-year period.
The notice of licence ineligibility must specify the date on which the ineligibility is to take effect (not being a date that is earlier than the date on which the notice is given) and must contain any other matters specified by the statutory rules. If the notice is given to the applicant personally, the specified date is taken to be the date on which it is given unless the notice provides for a later date.
The period of licence ineligibility under subsection (1) is the period applicable under the following table—
Licence ineligibility for demerit points
Column 1 | Column 2 |
Number of demerit points incurred within previous 3 years | Period of licence ineligibility |
13 (or 14 in the case of a professional driver) to 15 | 3 months |
16 to 19 | 4 months |
20 or more | 5 months |
If a person who has been given a notice of licence ineligibility does not make an election under section 36, the person is not entitled—
(a) to be issued with a driver licence for the ineligibility period applicable under this section on and from the date specified in the notice, and
(b) to apply for a driver licence for that period.
(cf DL Act, ss 16(8) and (9) and 16A(7) and (8))
A person who incurs at least 13 demerit points (or in the case of a professional driver 14 demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person may—
(a) if the person has been served with a notice of licence suspension—notify Transport for NSW that the person elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months on and from the day on which the licence would otherwise be suspended (the
original suspension day ) or, if the person is required by notice given under section 43A to undertake a driver knowledge test, the later of the original suspension day and the day on which the person undertakes and passes the test to the satisfaction of Transport for NSW, or(b) if the person has been served with a notice of licence ineligibility—notify Transport for NSW that the person elects, as an alternative to undergoing the ineligibility period, to be of good behaviour for a period of 12 months from—
(i) where the ineligibility period has not commenced—the day on which the licence ineligibility would otherwise have had effect (the
original ineligibility day ), or(ii) where the ineligibility period has commenced—the day on which the person makes the election.
Despite subsection (1)(b), if a person who makes an election under that paragraph is required by notice given under section 43A to undertake a driver knowledge test, the good behaviour period is for a period of 12 months from the later of the original ineligibility day or day of election (as the case requires) and the day on which the person undertakes and passes the test to the satisfaction of Transport for NSW.
A notification of an election by a person under subsection (1) must be—
(a) in the form approved by Transport for NSW, and
(b) if the person has been served with a notice of licence suspension—made before the commencement of the period of suspension, and
(c) if the person has been served with a notice of licence ineligibility—made before or during the commencement of the period of licence ineligibility.
If a person makes an election under subsection (1)(b), Transport for NSW is authorised after the election is made or while the 12 months’ good behaviour period is in force to issue a driver licence to the person or renew any driver licence held by the person.
If a person who has made an election under this section incurs 2 or more demerit points during the 12 months’ good behaviour period, Transport for NSW must give the person one of the following notices—
(a) a notice suspending all driver licences held by the person, commencing on a day specified in the notice (being a day that is not earlier than 28 days after the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election,
(b) a notice specifying that the person is ineligible to hold a driver licence, commencing on a day specified in the notice (being a day that is not earlier than the day the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election.
If Transport for NSW gives a person a notice under subsection (4)(a), all driver licences held by the person are suspended for the period specified in the notice commencing on and from the date specified in the notice.
If Transport for NSW gives a person a notice under subsection (4)(b), the person is not entitled—
(a) to be issued with a driver licence for the period specified in the notice commencing on and from the date specified in the notice, and
(b) to apply for a driver licence for that period.
(cf DL Act, ss 16(7) and (10)–(12) and 16A(6) and (9)–(11))
All demerit points recorded in the NSW demerit points register against a person at the date of a notice of licence suspension or notice of licence ineligibility given to the person under this Division (and taken into account for the purposes of the notice) are taken to be deleted—
(a) if the person’s driver licences have been suspended under this Division—on the commencement of the period of suspension, or
(b) if the person has become ineligible under this Division to be issued with, and to apply for, a driver licence—on the commencement of the period of licence ineligibility, or
(a) commencing on the repeal day (within the meaning of Part 2 of this Schedule), and
(b) ending immediately before the day on which clause 144A of the Road Transport (General) Regulation 2013 (as inserted by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013) commences.
In this Part—
Division 2 of Part 7.4, as in force immediately before its substitution by the amending Act, continues to apply to a person in respect of whom a disqualification suspension order (within the meaning of that Division) was made before that substitution.
The conditions to which an interlock driver licence issued to a person referred to in subclause (1) was subject immediately before that substitution continue to have effect until the expiry of the interlock participation period applicable to the person.
However, an interlock driver licence issued to a person referred to in subclause (1) after that substitution (whether or not applied for before that substitution) is subject to the conditions applicable to an interlock driver licence issued on or after that substitution.
Without limiting section 26 of the Interpretation Act 1987, an interlock services agreement (within the meaning of section 46 as amended by the amending Act) may be entered into before the commencement of the amendments made to section 46 by the amending Act.
A person who, immediately before the commencement of the amendments to section 46 made by the amending Act, held an approval for a specified period as an interlock installer or an interlock service provider, or both, may (subject to any conditions to which that approval was subject) continue to exercise the functions the person was approved to exercise until the end of that period as if the person were an accredited interlock service provider.
The Authority may revoke the accreditation of a person referred to in subclause (2), and revoke or vary any conditions referred to in that subclause, by notice in writing given to the person.
Demerit points recorded in the NSW demerit points register immediately before the commencement of section 43A may be counted towards determining a threshold number of demerit points reached after the commencement of that section.
In this Part—
In this clause—
(a) clause 17(1)(a1),
(b) clause 18(1)(b), (f) or (g), as amended by the amending Act,
and, in relation to a provision referred to in paragraph (b), a reference to the commencement of a new provision is a reference to the commencement of the relevant amendment.
For the purposes of section 9, a conviction for an equivalent offence within the applicable re-offending period for an offence against a new provision is a conviction for such an offence during that period regardless of whether that period commenced before or after the commencement of the new provision.
For the purposes of section 203, an application of section 10 of the Crimes (Sentencing Procedure) Act 1999 during the period of 5 years before a court’s determination in respect of a charge for an offence against a new provision is an application of section 10 of that Act during that period, regardless of whether that period commenced before or after the commencement of the new provision.
For the purposes of section 205 or 217, a conviction for a major offence during the period of 5 years before a conviction for an offence against a new provision is a conviction for such an offence during that period regardless of whether that period commenced before or after the commencement of the new provision.
For the purposes of section 210, a conviction for an alcohol-related major offence during the period of 5 years before a conviction for an offence against clause 17(1)(a1) of Schedule 3 is a conviction for such an offence during that period regardless of whether that period commenced before or after the commencement of clause 17(1)(a1).
For the purposes of section 214, a conviction for an offence against clause 17(1)(a1) of Schedule 3 during an interlock participation period is a conviction for a major offence during that period whether or not that period commenced before or after the commencement of clause 17(1)(a1).
The amendment made to clause 18(3)(f) of Schedule 3 by the amending Act applies only in relation to an offence committed after the commencement of that amendment.
The amendments made to clause 22 of Schedule 3 by the amending Act apply in relation to a urine sample only if it was taken after the commencement of those amendments.
A notification under clause 27(2) of Schedule 3 before its amendment by the amending Act is taken to be a notification under that provision as amended, in relation to an analysis of a sample to which the notification relates carried out after the commencement of the amendment.
The amendments made to clause 36(5) of Schedule 3 by the amending Act apply to a certificate in relation to a sample regardless of whether the sample was received by or on behalf of an analyst before or after the commencement of those amendments.
Clause 36(9) of Schedule 3, as amended by the amending Act, applies in relation to a certificate referred to in clause 36(6) regardless of whether the sample to which the certificate relates was taken before or after the commencement of that amendment.
A police officer who had undertaken a training course in breath analysis conducted by the NSW Police Force before carrying out a breath analysis on or after 1 December 1999 and before 21 February 2014 is taken to have been authorised by the Commissioner of Police to operate a breath analysing instrument, and the breath analysis is taken to have been a breath analysis carried out by a police officer authorised to do so under clause 5(2) of Schedule 3 or section 15(2) of the Road Transport (Safety and Traffic Management) Act 1999 (as appropriate).
The references to a third-party policy and the Nominal Defendant in section 148P(1) extend to include references to a third-party policy and the Nominal Defendant within the meaning of the Motor Accidents Compensation Act 1999 (the
Section 8 of the MAC Act does not apply to the use of a trial vehicle that is subject to approved arrangements within the meaning of section 148P of this Act and section 39(3) of the MAC Act does not prevent the Nominal Defendant from recovering an amount under any such approved arrangements.
Part 2.3 of the MAC Act does not apply to an insurance premium for a third-party policy for a trial vehicle (within the meaning of Part 5.6 of this Act) and the premium is instead to be the premium agreed between the licensed insurer (within the meaning of the MAC Act) and the approved person (within the meaning of Part 5.6 of this Act).
A reference in section 148S to the Minister administering the Motor Accident Injuries Act 2017 is, if the administration of that Act has not been allocated to a Minister, taken to be a reference to the Minister administering the Motor Accidents Compensation Act 1999.
In this Part—
A reference in a provision inserted or amended by the amending Act to a first, second or subsequent offence includes a reference to a first, second or subsequent offence committed before the commencement of the amending Act.
A reference in Division 3A of Part 7.4, as inserted by the amending Act, to the relevant offence-free period includes a reference to a period occurring before the commencement of that Division.
A disqualification from holding a driver licence imposed under Division 3 of Part 7.4 before the repeal of that Division by the amending Act does not cease to have effect because of the repeal of that Division.
Despite the repeal of Division 3 of Part 7.4, the power of a court under that Division (as in force immediately before its repeal) to quash a declaration of a person as an habitual traffic offender may continue to be exercised by a court despite its repeal.
In particular, section 220, as in force immediately before its repeal by the amending Act, continues to apply with the following modifications—
(a) a person who was declared to be a habitual traffic offender by operation of section 217 (as in force immediately before its repeal by the amending Act) may, on or after the repeal of section 220, apply to the Local Court for the declaration to be quashed, even if the Local Court was not the court that convicted the person of the relevant offence,
(b) the Local Court may determine the application to quash the person’s habitual traffic offender declaration, as if section 220 had not been repealed, even if the Local Court was not the court that convicted the person of the relevant offence.
Despite the repeal of section 208(2) by the amending Act, Division 2 of Part 7.4 continues not to apply in respect of a person who continues to be subject to a disqualification from holding a driver licence by the operation of this clause.
Any light vehicle that was a statutory written-off vehicle for the purposes of Part 4.5 of this Act immediately before its amendment by the amending Act is taken to be a statutory written-off light vehicle for the purposes of Part 4.5 of this Act (as amended).
Any vehicle that was a former written-off vehicle for the purposes of Part 4.5 of this Act immediately before its amendment by the amending Act is taken to be a former written-off light vehicle for the purposes of Part 4.5 of this Act (as amended).
A vehicle that is recorded on the NSW written-off light vehicles register under Part 4.5 of this Act as a former written-off light vehicle may also be referred to as a repairable written-off light vehicle.
In this clause—
Section 221A, as amended by the Justice Legislation Amendment Act (No 3) 2018, extends to an application under Division 3A of Part 7.4 made to the Local Court before the commencement of the amendment to that section but not finally determined immediately before that commencement.
A
Section 41A applies in relation to notices given before the commencement of the section if, immediately before the commencement—
(a) the period of suspension has not commenced, or
(b) the licence ineligibility has not taken effect.
A period during which a driver licence is suspended under an immediate licence suspension notice is to be taken into account under section 59(4B) even if it occurred before the commencement of that subsection.
Section 200(4) extends to an offence against the road transport legislation committed before the commencement of the subsection.
Section 202 applies only in relation to an offence committed after the commencement of the section.
The authority of the holder of a foreign driver licence to drive in this jurisdiction may be suspended under section 223A even if some or all of the demerit points were for an offence for which the penalty notice was issued before the commencement of the section.
In this clause,
Section 69, as substituted by the Road Transport Legislation Amendment Act 2021, extends to a device, plate or document fraudulently obtained before the substitution.
The power of an authorised officer under section 169B to require a person to give the officer information extends to information about a charge, fee or tax incurred or paid before the commencement of that section.
This clause applies if after the commencement of this clause a seatbelt offence is detected by an appropriate approved traffic enforcement device.
To avoid doubt, TfNSW—
(a) must deal with the offence in accordance with this Act or the statutory rules, including by issuing a penalty notice or court attendance notice in relation to the seatbelt offence, and
(b) must not deal with the offence by issuing a warning to the registered owner of the vehicle.
In this clause—
See also the Road Transport Legislation (Repeal and Amendment) Act 2013 and Road Transport (Statutory Rules) Act 2013.
Road Transport Act 2013 No 18. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (328) LW 28.6.2013. This Act has been amended as follows—
No 57 | Road Transport Amendment (Licence Disqualification on Conviction) Act 2013. Assented to 23.8.2013. Date of commencement, 1.8.2014, sec 2 and 2014 (479) LW 25.7.2014. | |
No 58 | Road Transport Amendment (Obstruction and Hazard Safety) Act 2013. Assented to 23.8.2013. Date of commencement, assent, sec 2 (a). | |
No 61 | Road Transport Amendment (Electronic Traffic Infringement Notices Trial) Act 2013. Assented to 3.9.2013. Date of commencement, assent, sec 2. | |
No 71 | Heavy Vehicle (Adoption of National Law) Amendment Act 2013. Assented to 24.9.2013. Date of commencement of Sch 2.2 [1]–[28], 10.2.2014, sec 2 (1) and 2014 (24) LW 7.2.2014; date of commencement of Sch 2.2 [29], assent, sec 2 (2). | |
No 82 | Fines Amendment Act 2013. Assented to 29.10.2013. Date of commencement, 1.12.2013, sec 2. | |
No 107 | Motor Dealers and Repairers Act 2013. Assented to 27.11.2013. Date of commencement of Sch 3, 1.12.2014, sec 2 (1) and 2014 (637) LW 26.9.2014. | |
No 31 | Law Enforcement (Powers and Responsibilities) Amendment Act 2014. Assented to 24.6.2014. Date of commencement of Sch 3, 1.9.2016, sec 2 and 2016 (536) LW 26.8.2016. | |
No 38 | Maritime and Transport Licensing Legislation Amendment Act 2014. Assented to 24.6.2014. Date of commencement of Sch 1, 1.12.2014, sec 2 and 2014 (747) LW 28.11.2014. | |
No 42 | Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014. Assented to 26.8.2014. Date of commencement, 1.2.2015, sec 2 and 2015 (2) LW 2.1.2015. | |
No 49 | Road Transport Amendment (Alcohol and Drug Testing) Act 2014. Assented to 25.9.2014. Date of commencement, 1.2.2015, sec 2 and 2014 (836) LW 19.12.2014. Sch 1 [2] and [3] were without effect as the provisions being amended were substituted by the Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014 No 42. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 1, 8.1.2016, sec 2 (1). | |
No 61 | Crimes Amendment (Off-road Fatal Accidents) Act 2015. Assented to 24.11.2015. Date of commencement, assent, sec 2. | |
No 65 | State Revenue Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 13 | Fines Amendment Act 2016. Assented to 11.5.2016. Date of commencement, 1.6.2016, sec 2 and 2016 (276) LW 1.6.2016. | |
No 34 | Point to Point Transport (Taxis and Hire Vehicles) Act 2016. Assented to 28.6.2016. Date of commencement of Sch 7, 1.11.2017, sec 2 (1) and 2017 (577) LW 20.10.2017. | |
No 40 | Security Industry Amendment (Private Investigators) Act 2016. Assented to 21.9.2016. Date of commencement of Sch 3.6, 1.7.2022, sec 2 and 2022 (326) LW 1.7.2022. | |
No 10 | Motor Accident Injuries Act 2017. Assented to 4.4.2017. Date of commencement of Sch 5, 1.12.2017, sec 1.2 and 2017 (638) LW 22.11.2017. | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 41 | Transport Legislation Amendment (Automated Vehicle Trials and Innovation) Act 2017. Assented to 14.8.2017. Date of commencement, assent, sec 2. | |
No 46 | Road Transport Amendment (Driver Licence Disqualification) Act 2017. Assented to 13.10.2017. Date of commencement, 28.10.2017, sec 2 and 2017 (592) LW 27.10.2017. | |
No 61 | Road Transport and Related Legislation Amendment Act 2017. Assented to 23.11.2017. Date of commencement of Sch 1.1, 1.2 and 1.4, assent, sec 2 (1); date of commencement of Sch 1.3, 3.12.2018, sec 2 (2) and 2018 (621) LW 9.11.2018. | |
No 15 | Road Transport Legislation Amendment (Road Safety) Act 2018. Assented to 9.5.2018. Date of commencement, 1.7.2018, sec 2. | |
No 21 | Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Act 2018. Assented to 30.5.2018. Date of commencement of sec 3, assent, sec 2(2); date of commencement of Sch 1, 28.10.2019, sec 2(1) and 2019 (513) LW 25.10.2019. | |
No 23 | Road Transport Legislation Miscellaneous Amendments Act 2018. Assented to 30.5.2018. Date of commencement of Sch 1.4, 1.7.2018, sec 2 (1). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.22, 14 days after assent, sec 2 (1). | |
No 28 | Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
No 54 | Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018. Assented to 5.10.2018. |
Date of commencement of Sch 1 [16] [21] and [22]: not in force; date of commencement of Sch 1 [2] [10] [12]–[15] and [20], 3.12.2018, sec 2 and 2018 (653) LW 23.11.2018; date of commencement of Sch 1 [1] [3]–[9] [11] [17]–[19], 20.5.2019, sec 2 and 2018 (653) LW 23.11.2018. | ||
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.23, assent, sec 2 (1). | |
No 91 | Road Transport Amendment (National Facial Biometric Matching Capability) Act 2018. Assented to 28.11.2018. Date of commencement, assent, sec 2. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 1.16, 14 days after assent, sec 2 (1). | |
No 13 | Fines Amendment Act 2019. Assented to 21.11.2019. Date of commencement of Sch 2, 1.7.2020, sec 2 and 2020 (272) LW 19.6.2020. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 1.20, 14 days after assent, sec 2(1). | |
No 21 | Road Transport Amendment (Miscellaneous) Act 2019. Assented to 26.11.2019. Date of commencement of Sch 1, assent, sec 2(1); date of commencement of Sch 2, 13.12.2019, sec 2(2). | |
No 27 | Road Transport Amendment (Digital Licensing) Act 2020. Assented to 19.10.2020. Date of commencement, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.35, 11.12.2020, sec 2(3); date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 33 | Road Transport Legislation Amendment Act 2020. Assented to 27.10.2020. Date of commencement of Sch 1[1] [9]–[16] [30]–[32] [35] [36] and [38]–[41], assent, sec 2(1); date of commencement of Sch 1[2]–[8]: not in force; date of commencement of Sch 1[17]–[29] [33] and [37], 1.7.2021, sec 2(3) and 2021 (308) LW 25.6.2021; date of commencement of Sch 1[34], 28.6.2021, sec 2(3) and 2021 (309) LW 25.6.2021. | |
No 3 | Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021. Assented to 24.2.2021. Date of commencement of Sch 1, 28.6.2021, sec 2(1) and 2021 (307) LW 25.6.2021. | |
No 9 | Heavy Vehicle Legislation Amendment (National Regulator) Act 2021. Assented to 14.5.2021. Date of commencement of Sch 3, 1.8.2022, sec 2(2) and 2022 (325) LW 1.7.2022. | |
No 22 | Road Transport Legislation Amendment Act 2021. Assented to 20.10.2021. Date of commencement of Sch 1, assent, sec 2(1); date of commencement of Sch 5.12, assent, sec 2(2) and 2018 No 163 of the Commonwealth. | |
No 38 | Public Spaces (Unattended Property) Act 2021. Assented to 29.11.2021. Date of commencement of Sch 2.1, 1.11.2022, sec 2 and 2022 (635) LW 28.10.2022. | |
No 10 | Tattoo Parlours Amendment (Statutory Review) Act 2022. Assented to 13.4.2022. Date of commencement of Sch 2.5, 1.9.2023, sec 2 and 2023 (494) LW 30.8.2023. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 14 | Road Transport Amendment (Demerit Point Reduction Trial) Act 2023. Assented to 11.8.2023. Date of commencement, assent, sec 2. | |
No 30 | Radiation Control Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 2, assent, sec 2(c). | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 1.17, assent, sec 2(c). | |
No 51 | Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Act 2023. Assented to 12.12.2023. Date of commencement, assent, sec 2. | |
No 73 | Road Transport Legislation Amendment (Speed Camera Detection) Act 2024. Assented to 31.10.2024. Date of commencement, assent, sec 2. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 3, assent, sec 2(b). | |
No 12 | Marine Safety Amendment Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. | |
No 66 | Transport Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 5.4, assent, sec 2(b). |
Sec 4 | Am 2013 No 71, Sch 2.2 [1] [2]; 2014 No 38, Sch 1.3 [1]; 2014 No 42, Sch 1 [1] [2]; 2017 No 61, Sch 1.3 [1]; 2018 No 15, Sch 1 [1]; 2018 No 21, Sch 1[1] [2]; 2018 No 23, Sch 1.4 [1]; 2018 No 54, Sch 1 [1]–[3]; 2020 No 27, Sch 1[1]; 2020 No 30, Sch 4.85[2]; 2020 No 33, Sch 1[1]; 2021 No 3, Sch 1[1] [2]; 2021 No 22, Sch 1[1]; 2022 No 59, Sch 1.33[1] [2]; 2025 No 12, Sch 2.5. |
Sec 6 | Am 2013 No 71, Sch 2.2 [3]. |
Sec 9 | Am 2014 No 42, Sch 1 [3]; 2018 No 54, Sch 1 [4] [5]. |
Sec 14 | Am 2023 No 7, Sch 3.25[1]. |
Sec 15 | Am 2013 No 71, Sch 2.2 [4] [5]. |
Sec 18 | Am 2023 No 7, Sch 3.25[2]. |
Sec 19 | Am 2023 No 7, Sch 3.25[2]. |
Sec 20 | Am 2017 No 10, Sch 5.11 [1]. |
Sec 22 | Rep 2020 No 33, Sch 1[9]. |
Sec 25 | Am 2021 No 22, Sch 5.12[1]; 2024 No 82, Sch 3.8. |
Sec 26 | Am 2017 No 61, Sch 1.1. |
Part 3.1, heading | Am 2020 No 30, Sch 4.85[3]. |
Sec 28 | Am 2020 No 30, Sch 4.85[4]. |
Sec 31 | Am 2023 No 14, Sch 1[1]. |
Sec 32A | Ins 2023 No 14, Sch 1[2]. |
Sec 35 | Am 2023 No 35, Sch 1.17[1]–[3]. |
Sec 36 | Am 2014 No 42, Sch 1 [4]–[6]. |
Sec 40 | Am 2020 No 33, Sch 1[10]. |
Sec 41 | Am 2020 No 33, Sch 1[11]; 2023 No 35, Sch 1.17[1]–[3]. |
Sec 41A | Ins 2020 No 33, Sch 1[12]. |
Sec 43A | Ins 2014 No 42, Sch 1 [7]. |
Sec 44 | Am 2014 No 42, Sch 1 [8]–[10]. |
Sec 45 | Am 2014 No 42, Sch 1 [11]; 2023 No 7, Sch 3.25[2]. |
Sec 46 | Am 2014 No 42, Sch 1 [12] [13]. |
Sec 47 | Am 2014 No 42, Sch 1 [14]–[17]. |
Sec 48 | Am 2014 No 43, Sch 1 [18] [19]; 2020 No 30, Sch 4.85[5]. |
Sec 52 | Am 2018 No 21, Sch 1[3]. |
Sec 53 | Am 2017 No 46, Sch 1 [1] [2]. |
Sec 54 | Am 2017 No 46, Sch 1 [3]–[5]. |
Sec 55 | Am 2014 No 38, Sch 1.3 [2] [3]; 2016 No 40, Sch 3.6; 2020 No 33, Sch 1[13]; 2022 No 10, Sch 2.5[1] [2]. |
Sec 56 | Am 2014 No 38, Sch 1.3 [4]–[6]; 2016 No 40, Sch 3.6; 2018 No 91, Sch 1 [1]; 2020 No 27, Sch 1[2]; 2022 No 10, Sch 2.5[1] [2]. |
Sec 57 | Am 2016 No 34, Sch 7.6 [1]; 2016 No 40, Sch 3.6; 2018 No 21, Sch 1[4]; 2018 No 91, Sch 1 [2]; 2020 No 27, Sch 1[3]; 2020 No 30, Sch 4.85[6]; 2020 No 33, Sch 1[14]; 2022 No 10, Sch 2.5[1]–[5]. |
Sec 57A | Ins 2014 No 38, Sch 1.3 [7]. |
Sec 59 | Am 2018 No 54, Sch 1 [6] [7]; 2020 No 33, Sch 1[15]. |
Part 3.7 | Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5]. |
Sec 61A | Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5]. Am 2020 No 27, Sch 1[4] [5]. |
Sec 61B | Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5]. |
Sec 61C | Ins 2017 No 25, Sch 5. Rep 2018 No 21, sec 3. Ins 2018 No 21, Sch 1[5]. Am 2020 No 27, Sch 1[6]. |
Sec 61D | Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5]. |
Sec 61E | Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5]. Am 2020 No 27, Sch 1[7]. |
Secs 61F, 61G | Ins 2017 No 25, Sch 5. Rep 2018 No 21, Sch 1[5]. |
Part 4.1, Div 1, heading | Am 2020 No 30, Sch 4.85[3]. |
Sec 62 | Am 2013 No 71, Sch 2.2 [6]; 2020 No 30, Sch 4.85[4]. |
Sec 63 | Am 2017 No 10, Sch 5.11 [2]; 2020 No 30, Sch 4.85[4]. |
Sec 65 | Am 2020 No 30, Sch 4.85[4]. |
Sec 67A | Ins 2018 No 23, Sch 1.4 [2]. Subst 2019 No 1, Sch 1.16 [1]. |
Sec 68 | Am 2021 No 22, Sch 5.12[2]. |
Sec 69 | Subst 2021 No 22, Sch 1[2]. |
Sec 70 | Am 2017 No 10, Sch 5.11 [3]. |
Sec 72 | Am 2013 No 107, Sch 3.10 [1]. |
Sec 75 | Am 2020 No 30, Sch 4.85[7]. |
Sec 78 | Am 2020 No 30, Sch 4.85[8]. |
Sec 80 | Am 2020 No 30, Sch 4.85[9]. |
Sec 82 | Am 2013 No 107, Sch 3.10 [2] [3]; 2017 No 61, Sch 1.3 [3] [4]; 2019 No 14, Sch 1.20[1]; 2019 No 21, Sch 2.1[1]; 2022 No 59, Sch 1.33[3]. |
Sec 83 | Am 2013 No 107, Sch 3.10 [4]; 2017 No 61, Sch 1.3 [5] [6]; 2019 No 14, Sch 1.20[2]. |
Sec 84 | Am 2017 No 10, Sch 5.11 [4]; 2017 No 61, Sch 1.3 [4] [6] [7]. |
Sec 85 | Am 2019 No 21, Sch 2.1[2]; 2020 No 30, Sch 4.85[4]. |
Sec 86 | Am 2017 No 61, Sch 1.3 [4]; 2019 No 21, Sch 2.1[3]. |
Part 4.5, Div 3, heading | Am 2017 No 61, Sch 1.3 [8]. |
Sec 87 | Am 2013 No 107, Sch 3.10 [5]; 2019 No 21, Sch 2.1[4]. |
Sec 88 | Am 2017 No 61, Sch 1.3 [4] [9] [10]. |
Sec 89 | Am 2017 No 61, Sch 1.3 [4] [11]. |
Sec 90 | Am 2017 No 61, Sch 1.3 [4]; 2019 No 21, Sch 2.1[5]. |
Sec 91 | Am 2019 No 21, Sch 2.1[6] [7]. |
Sec 92 | Am 2019 No 21, Sch 2.1[8] [9]; 2023 No 35, Sch 1.17[4] [5]. |
Sec 93 | Am 2013 No 107, Sch 3.10 [4] [6] [7]; 2019 No 21, Sch 2.1[10]. |
Sec 94 | Am 2019 No 21, Sch 2.1[11]. |
Sec 95 | Am 2019 No 21, Sch 2.1[12]. |
Sec 96 | Am 2017 No 61, Sch 1.3 [4]. |
Sec 97 | Am 2017 No 61, Sch 1.3 [6]; 2019 No 21, Sch 2.1[13]. |
Sec 98 | Am 2017 No 61, Sch 1.3 [4] [12]. |
Sec 99 | Am 2013 No 107, Sch 3.10 [5]. |
Sec 101 | Am 2013 No 107, Sch 3.10 [8]. |
Sec 103 | Am 2017 No 61, Sch 1.3 [6] [13]; 2019 No 21, Sch 2.1[14] [15]. |
Part 4.5A, Div 1 | Ins 2017 No 61, Sch 1.3 [14]. |
Sec 104A | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 14, Sch 1.20[3]; 2019 No 21, Sch 2.1[16]. |
Part 4.5A, Div 2 | Ins 2017 No 61, Sch 1.3 [14]. |
Sec 104B | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 14, Sch 1.20[4]. |
Sec 104C | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[17]. |
Part 4.5A, Div 3 | Ins 2017 No 61, Sch 1.3 [14]. |
Sec 104D | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[18]. |
Secs 104E, 104F | Ins 2017 No 61, Sch 1.3 [14]. |
Sec 104G | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[19]. |
Sec 104H | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[20] [21]. |
Sec 104I | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[22] [23]; 2023 No 35, Sch 1.17[4] [5]. |
Sec 104J | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[24]. |
Sec 104K | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[25]. |
Sec 104L | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[26]. |
Sec 104M | Ins 2017 No 61, Sch 1.3 [14]. |
Sec 104N | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[27]. |
Part 4.5A, Div 4 | Ins 2017 No 61, Sch 1.3 [14]. |
Secs 104O–104S | Ins 2017 No 61, Sch 1.3 [14]. |
Sec 104T | Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[28] [29]. |
Sec 104U | Ins 2017 No 61, Sch 1.3 [14]. |
Sec 107 | Am 2014 No 42, Sch 1 [20]–[26]; 2016 No 34, Sch 7.6 [2]; 2020 No 33, Sch 1[16]; 2021 No 22, Sch 5.12[3]; 2023 No 30, Sch 2.7[1]. |
Sec 110 | Am 2018 No 54, Sch 1 [8]. |
Sec 111 | Am 2018 No 15, Sch 1 [2] [3]; 2018 No 54, Sch 1 [8]. |
Sec 111A | Ins 2021 No 3, Sch 1[3]. |
Sec 112 | Am 2018 No 15, Sch 1 [4]. |
Sec 113 | Am 2021 No 3, Sch 1[4]. |
Sec 116 | Am 2017 No 46, Sch 1 [6]. |
Sec 117 | Am 2013 No 58, sec 3. |
Sec 121 | Am 2013 No 71, Sch 2.2 [7]; 2017 No 61, Sch 1.2 [1]. |
Sec 122 | Am 2020 No 30, Sch 2.35. |
Sec 127 | Am 2024 No 73, Sch 1[1]. |
Sec 128 | Am 2024 No 73, Sch 1[2]. |
Sec 129 | Am 2024 No 73, Sch 1[3]. |
Sec 130 | Am 2024 No 73, Sch 1[4]. |
Sec 131 | Am 2024 No 73, Sch 1[5]. |
Sec 132 | Am 2024 No 73, Sch 1[6]. |
Sec 133 | Am 2024 No 73, Sch 1[7]. |
Sec 133A | Ins 2024 No 73, Sch 1[8]. |
Sec 134 | Am 2017 No 61, Sch 1.2 [2] [3]; 2018 No 15, Sch 1 [5] [6]; 2023 No 7, Sch 3.25[2]; 2023 No 51, Sch 1[1] [2]; 2025 No 66, Sch 5.4. |
Sec 135 | Am 2017 No 10, Sch 5.11 [5]; 2017 No 61, Sch 1.2 [4]–[6]; 2018 No 15, Sch 1 [7]–[9]; 2023 No 51, Sch 1[3]–[5]. |
Sec 136A | Ins 2017 No 61, Sch 1.2 [7]. |
Sec 137A | Ins 2017 No 61, Sch 1.2 [8]. |
Sec 138 | Am 2017 No 61, Sch 1.2 [9]; 2018 No 15, Sch 1 [10]; 2023 No 51, Sch 1[6]. |
Sec 139 | Am 2018 No 15, Sch 1 [11]. |
Sec 139A | Ins 2018 No 15, Sch 1 [12]. Am 2023 No 51, Sch 1[7]–[9]. |
Sec 141 | Am 2017 No 61, Sch 1.2 [10]. |
Sec 143 | Am 2023 No 7, Sch 3.25[2]. |
Sec 145 | Am 2019 No 1, Sch 1.16 [2]. |
Part 5.5 | Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12). |
Part 5.5, Divs 1, 2 (secs 148A–148D) | Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Divs 1, 2 (secs 185–188)). |
Part 5.5, Div 3 | Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Div 3). |
Sec 148E | Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (sec 189)). |
Sec 148EA | Ins 2018 No 15, Sch 1 [13]. |
Secs 148F–148K | Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (secs 189A–192)). |
Part 5.6 | Ins 2017 No 41, Sch 1 [1]. |
Secs 148L–148T | Ins 2017 No 41, Sch 1 [1]. |
Sec 148U | Ins 2017 No 41, Sch 1 [1]. Am 2020 No 30, Sch 4.85[10]. |
Sec 148V | Ins 2017 No 41, Sch 1 [1]. |
Sec 149 | Am 2021 No 9, Sch 3.3. |
Sec 150 | Am 2021 No 22, Sch 5.12[3] |
Secs 166, 171 | Am 2013 No 71, Sch 2.2 [8]. |
Sec 169 | Rep 2013 No 71, Sch 2.2 [9]. |
Sec 169A | Ins 2013 No 71, Sch 2.2 [10]. Am 2023 No 35, Sch 1.17[6]. |
Sec 169B | Ins 2021 No 22, Sch 1[3]. |
Sec 173 | Am 2013 No 71, Sch 2.2 [11]. |
Sec 175 | Am 2018 No 21, Sch 1[6]. |
Sec 176 | Am 2018 No 21, Sch 1[7]. |
Sec 177 | Am 2013 No 71, Sch 2.2 [12]. |
Sec 180 | Rep 2013 No 71, Sch 2.2 [13]. |
Sec 182 | Am 2013 No 71, Sch 2.2 [14] [15]. |
Sec 183 | Am 2015 No 65, Sch 3 [1]; 2017 No 61, Sch 1.2 [11] [12]; 2018 No 15, Sch 1 [14] [15]; 2019 No 13, Sch 2.2[1]; 2020 No 33, Sch 1[17] [18]; 2021 No 38, Sch 2.1[1] [2]; 2023 No 51, Sch 1[10] [11]; 2024 No 73, Sch 1[9]. |
Sec 185 | Am 2016 No 13, Sch 2.10 [1] [2]; 2019 No 13, Sch 2.2[2]; 2020 No 33, Sch 1[18]–[21]. |
Sec 186 | Am 2016 No 13, Sch 2.10 [3] [4]; 2019 No 13, Sch 2.2[3]–[5]; 2020 No 33, Sch 1[18] [19] [21]–[23]. |
Sec 187 | Am 2020 No 33, Sch 1[18] [19]. |
Sec 188 | Am 2015 No 65, Sch 3 [2] [3]; 2019 No 13, Sch 2.2[6]–[8]; 2020 No 33, Sch 1[24]–[27]. |
Sec 189 | Am 2015 No 65, Sch 3 [4]–[8]; 2019 No 13, Sch 2.2[9] [10]; 2020 No 33, Sch 1[25]. |
Sec 190 | Am 2020 No 33, Sch 1[19] [28]. |
Sec 191 | Am 2020 No 33, Sch 1[19]; 2024 No 73, Sch 1[10]. |
Sec 192 | Am 2019 No 13, Sch 2.2[11]. |
Sec 193 | Am 2024 No 73, Sch 1[11]. |
Sec 195 | Am 2013 No 71, Sch 2.2 [16]; 2015 No 50, Sch 4.23; 2017 No 10, Sch 5.11 [6]. Subst 2020 No 33, Sch 1[29]. |
Sec 196 | Rep 2020 No 33, Sch 1[29]. |
Sec 196A | Ins 2013 No 61, sec 3. Rep 2020 No 33, Sch 1[29]. |
Sec 197 | Rep 2020 No 33, Sch 1[29]. |
Sec 198 | Rep 2020 No 33, Sch 1[29]. |
Sec 199 | Rep 2020 No 33, Sch 1[29]. |
Sec 200 | Am 2013 No 71, Sch 2.2 [17]; 2020 No 33, Sch 1[30]. |
Sec 202 | Rep 2013 No 71, Sch 2.2 [18]. Ins 2020 No 33, Sch 1[31]. Am 2021 No 3, Sch 1[5]. |
Sec 203 | Am 2013 No 71, Sch 2.2 [19]–[21]; 2021 No 3, Sch 1[6]. |
Sec 204 | Am 2014 No 42, Sch 1 [27]; 2017 No 46, Sch 1 [7]–[9]; 2020 No 30, Sch 4.85[4]. |
Sec 205 | Am 2014 No 42, Sch 1 [28]; 2014 No 49, Sch 1 [1]; 2018 No 15, Sch 1 [16]; 2018 No 54, Sch 1 [9]; 2021 No 3, Sch 1[7]–[13]. |
Sec 205A | Ins 2017 No 46, Sch 1 [10]. |
Sec 206A | Ins 2013 No 57, Sch 1. |
Sec 206B | Ins 2017 No 46, Sch 1 [11]. Am 2018 No 25, Sch 1.22. |
Sec 207A | Ins 2017 No 46, Sch 1 [12]. |
Part 7.4, Division 2 | Subst 2014 No 42, Sch 1 [29]. |
Sec 208 | Subst 2014 No 42, Sch 1 [29]. Am 2017 No 46, Sch 1 [13]. |
Sec 209 | Subst 2014 No 42, Sch 1 [29]. Am 2018 No 54, Sch 1 [10] [11]; 2021 No 3, Sch 1[14] [15]. |
Sec 210 | Subst 2014 No 42, Sch 1 [29]. |
Sec 211 | Subst 2014 No 42, Sch 1 [29]. Am 2015 No 58, Sch 1.11 [1]; 2018 No 54, Sch 1 [12] [13]; 2021 No 3, Sch 1[16]. |
Sec 212 | Subst 2014 No 42, Sch 1 [29]. Am 2015 No 58, Sch 1.11 [2]; 2018 No 28, Sch 1.32; 2018 No 54, Sch 1 [14] [15]; 2021 No 3, Sch 1[17]. |
Sec 213 | Subst 2014 No 42, Sch 1 [29]. Am 2015 No 58, Sch 1.11 [3] [4]. |
Secs 214, 215 | Subst 2014 No 42, Sch 1 [29]. |
Sec 215A | Ins 2014 No 42, Sch 1 [29]. Am 2015 No 58, Sch 1.11 [5] [6]. |
Sec 215B | Ins 2014 No 42, Sch 1 [29]. |
Part 7.4, Div 3 (secs 216–221) | Rep 2017 No 46, Sch 1 [14]. |
Part 7.4, Div 3A | Ins 2017 No 46, Sch 1 [15]. |
Sec 221A | Ins 2017 No 46, Sch 1 [15]. Am 2018 No 87, Sch 1.23 [1]; 2019 No 21, Sch 1[1]–[3]. |
Sec 221B | Ins 2017 No 46, Sch 1 [15]. Am 2019 No 21, Sch 1[4]–[6]. |
Sec 221C | Ins 2017 No 46, Sch 1 [15]. Am 2020 No 30, Sch 4.85[11]. |
Sec 221D | Ins 2017 No 46, Sch 1 [15]. Am 2019 No 21, Sch 1[7]. |
Sec 221E | Ins 2017 No 46, Sch 1 [15]. Am 2019 No 21, Sch 1[8]. |
Sec 221F | Ins 2019 No 21, Sch 1[9]. |
Sec 223A | Ins 2020 No 33, Sch 1[32]. |
Sec 224 | Am 2013 No 82, Sch 2.13; 2014 No 49, Sch 1 [4]; 2018 No 15, Sch 1 [17]; 2018 No 54, Sch 1 [17]–[19]; 2020 No 33, Sch 1[18] [33]; 2021 No 3, Sch 1[18]. |
Sec 225 | Am 2014 No 42, Sch 1 [30] [31]; 2017 No 46, Sch 1 [16] [17]. |
Sec 229 | Rep 2013 No 71, Sch 2.2 [22]. |
Sec 237 | Am 2018 No 54, Sch 1 [20]; 2021 No 3, Sch 1[19]. |
Sec 238 | Am 2017 No 46, Sch 1 [18]; 2021 No 3, Sch 1[20]. |
Sec 239 | Am 2017 No 46, Sch 1 [19]. |
Sec 239A | Ins 2020 No 33, Sch 1[34]. |
Sec 248 | Am 2017 No 46, Sch 1 [20]. |
Sec 253 | Am 2020 No 30, Sch 4.85[12]. |
Sec 257 | Am 2013 No 71, Sch 2.2 [23]–[26]; 2014 No 38, Sch 1.3 [8]. |
Sec 258 | Am 2020 No 30, Sch 4.85[13]. |
Sec 260 | Am 2013 No 71, Sch 2.2 [27]. |
Sec 265 | Rep 2013 No 71, Sch 2.2 [28]. |
Sec 271 | Am 2020 No 33, Sch 1[35] [36]. |
Sec 271A | Ins 2018 No 91, Sch 1 [3]. Am 2019 No 1, Sch 1.16 [3]. |
Sec 276 | Am 2020 No 33, Sch 1[37]. |
Sec 277 | Am 2020 No 30, Sch 4.85[4]. |
Sec 277A | Ins 2020 No 33, Sch 1[38]. |
Sec 278A | Ins 2020 No 27, Sch 1[8]. |
Sec 279A | Ins 2020 No 33, Sch 1[39]. |
Sch 1 | Am 2014 No 42, Sch 1 [32]; 2020 No 27, Sch 1[9]; 2020 No 33, Sch 1[40]. |
Sch 2 | Am 2020 No 30, Sch 4.85[4] [5] [9] [14] [15]; 2021 No 22, Schs 1[4], 5.12[4]–[7]; 2022 No 59, Sch 1.33[4]. |
Sch 3 | Am 2014 No 49, Sch 1 [5]–[34]; 2015 No 61, Sch 2 [1] [2]; 2018 No 15, Sch 1 [18]; 2019 No 21, Sch 1[10]; 2021 No 3, Sch 1[21]–[26]. |
Sch 4 | Am 2013 No 71, Sch 2.2 [29]; 2014 No 42, Sch 1 [33]; 2014 No 49, Sch 1 [35]; 2017 No 41, Sch 1 [2]; 2017 No 46, Sch 1 [21]; 2017 No 61, Sch 1.4; 2018 No 87, Sch 1.23 [2] [3]; 2020 No 33, Sch 1[41]; 2021 No 22, Sch 1[5]; 2023 No 51, Sch 1[12]. |
Part 4.5 (except sec 83 (3) (e)) | Am 2017 No 61, Sch 1.3 [2] (“NSW written-off vehicles register”, “written-off vehicle”, “written-off vehicles” (except where occurring in the expression “NSW written-off vehicles register”), “notifiable vehicle”, “notifiable vehicles”, “vehicle damage assessment”, “certificate of compliance” and “certificates of compliance” omitted wherever occurring, “NSW written-off light vehicles register”, “written-off light vehicle”, “written-off light vehicles”, “notifiable light vehicle”, “notifiable light vehicles”, “light vehicle damage assessment”, “light vehicle certificate of compliance” and “light vehicle certificates of compliance” inserted instead, respectively). |
The whole Act (except Sch 4) | Am 2020 No 30, Sch 4.85[1] (“the Authority” and “The Authority” omitted wherever occurring, “Transport for NSW” inserted instead.) |
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