Road Transport (General) Amendment (Nomination Penalty Notice Offences) Regulation 2011 (NSW)

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2011 No 35

New South Wales

Road Transport (General) Amendment

(Nomination Penalty Notice Offences)

Regulation 2011

under the

Road Transport (General) Act 2005

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 2005.

DAVID BORGER, MP

Minister for Roads

Explanatory note
The object of this Regulation is to distinguish between a first and a second or subsequent offence in providing for penalty notice amounts for offences against section 179 (6) of the Road Transport (General) Act 2005 (of failing to nominate the driver of a vehicle at the time it was involved in a camera recorded offence) where the offence relates to a vehicle registered otherwise than in the name of a natural person. The penalty notice amount for a first such offence in these circumstances remains at Level 12 ($1,089) but for a second or subsequent offence is increased to Level 17 ($2,920).
This Regulation is made under the Road Transport (General) Act 2005, including sections 10

(the general regulation-making power) and 183.

Published LW 28 January 2011 Page 1
2011 No 35 Road Transport (General) Amendment (Nomination Penalty Notice
Clause 1 Offences) Regulation 2011

Road Transport (General) Amendment (Nomination

Penalty Notice Offences) Regulation 2011

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment
(Nomination Penalty Notice Offences) Regulation 2011.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

3 Amendment of Road Transport (General) Regulation 2005

Schedule 3 Penalty notice offences

Omit the matter relating to section 179 (6) and (7) of the Road Transport

(General) Act 2005 from Columns 1, 2 and 3.

Insert instead, in Columns 1, 2 and 3, respectively:

Section 179 (6):

(a)

if the offence relates to a vehicle registered otherwise than in the name of a natural person:

(i) for the first offence, or the first Class 1 Level 12

offence within the last 5 years

(ii) for the second or any subsequent Class 1 Level 17
offence within the last 5 years
(b) in any other case Class 1 Level 8

Section 179 (7):

(a) if the offence relates to a vehicle registered Class 1 Level 12
otherwise than in the name of a natural
person
(b) in any other case Class 1 Level 8
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