Road Transport (General) Amendment Act 2012 (ACT)

Road Transport (General) Amendment Act 2012

A2012-7

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4Offences against this Act—application of Criminal Code etc
Section 5A, note 1  3

5            New section 58B  3

6            New section 61AA  4

7           Automatic disqualification for culpable drivingSection 62 (1)  6

8            Section 62 (5)  7

9            Automatic disqualification for certain other driving offencesSection 63 (2)  7

10          Section 63 (5)  7

11          Dictionary, new definitions  7

Schedule 1 Other amendments  8

Part 1.1    Road Transport (Offences) Regulation 2005                   8

Part 1.2    Road Transport (Safety and Traffic Management) Act 1999 9

Road Transport (General) Amendment Act 2012

A2012-7

An Act to amend the Road Transport (General) Act 1999, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Road Transport (General) Amendment Act 2012.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Road Transport (General) Act 1999.

   NoteThis Act also amends the following legislation (see sch 1):

   ·     Road Transport (Offences) Regulation 2005

   ·     Road Transport (Safety and Traffic Management) Act 1999.

1. Offences against this Act—application of Criminal Code etc
   Section 5A, note 1

   insert

   ·     section 58B (Police officer or authorised person may direct removal of thing covering person’s face)

2. New section 58B

   insert

58BPolice officer or authorised person may direct removal of thing covering person’s face

(1)A police officer or authorised person may direct a person (the directed person) to remove anything that covers all or part of the person’s face to allow the officer or authorised person to—

(a)identify the directed person in the execution of the officer’s or authorised person’s functions under the road transport legislation; or

(b)carry out a test or analysis under the Road Transport (Alcohol and Drugs) Act 1977, part 2 (Examination of people for alcohol or drugs).

(2)Subsection (3) applies if a thing a person is directed to remove is worn by the person for genuine religious or cultural reasons.

(3)The directed person may ask the officer or authorised person to allow the person to remove the thing in either or both of the following ways:

(a)in front of a police officer or an authorised person who is the same sex as the directed person;

(b)at a place or in a way (or both) that gives the directed person reasonable privacy to remove the thing.

(4)If a request is made under subsection (3), the police officer or authorised person must take reasonable steps to comply with the request.

(5)A failure to comply with subsection (4) does not affect—

(a)the validity of a thing done or not done by a police officer or authorised person under this section; or

(b)the liability of a person under subsection (6).

(6)A person commits an offence if the…