Road Transport Legislation Amendment Act 2016 (ACT)

Case

Road Transport Legislation Amendment Act 2016

A2016-3

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Crimes Act 1900

4            Power to enter premises to arrest offenderSection 220 (4), definition of relevant offence, paragraph (b) (iv)            3

Part 3Road Transport (Alcohol and Drugs) Act 1977

5            New section 10A  4

6            New section 13CA  5

7           Automatic driver licence disqualification—first offenders, s 19New section 32 (4)  6

8            Automatic driver licence disqualification—repeat offenders, s 19New section 33 (4)  6

9            Automatic driver licence disqualification—offences other than s 19New section 34 (3)  6

10          Automatic driver licence disqualification—immediate suspension periodSection 35 (2)  7

11          New part 22  7

Part 4Road Transport (Driver Licensing) Act 1999

12          New section 19A  9

Part 5Road Transport (General) Act 1999

13          Definitions—pt 3 Section 21A, definitions of illegal user declaration and known user declaration  10

14          Section 21A, new definition of online declaration  10

15          Section 21A, definition of sold vehicle declaration  10

16          New section 44B  11

17          New section 57  11

18          Dictionary, new definition of online declaration  11

Part 6Road Transport (Offences) Regulation 2005

19          Infringement notices—service—Act, s 24 (2)Section 12 (2) (b) and note  12

20          Section 12 (3) (b), except notes  13

21          New section 12 (3A) and (3B)  14

22          New section 12 (5)  14

Road Transport Legislation Amendment Act 2016

A2016-3

An Act to amend legislation about road transport, and for other purposes

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

Part 1Preliminary

  1. Name of Act

    This Act is the Road Transport Legislation Amendment Act 2016.

  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 following legislation:

    ·     Crimes Act 1900

    ·     Road Transport (Alcohol and Drugs) Act 1977

    ·     Road Transport (Driver Licensing) Act 1999

    ·     Road Transport (General) Act 1999

    ·     Road Transport (Offences) Regulation 2005.

Part 2Crimes Act 1900

  1. Power to enter premises to arrest offender
    Section 220 (4), definition of relevant offence, paragraph (b) (iv)

    omit

Part 3Road Transport (Alcohol and Drugs) Act 1977

  1. New section 10A

    in division 2.2, insert

10APower to enter premises for alcohol screening test

(1)This section applies if a police officer—

(a)suspects on reasonable grounds that a person—

(i)was the driver of a vehicle that was involved in an accident on a road or road related area; or

(ii)failed to comply with a police officer’s request or signal to stop a vehicle the person was driving on a road or road related area; and

(b)suspects on reasonable grounds that the person has committed an offence against section 19 (Prescribed concentration of alcohol in blood or breath), section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer) or section 24 (Driving under the influence of intoxicating liquor or a drug); and

(c)requires the person to undergo 1 or more alcohol screening tests under this division; and

(d)believes on reasonable grounds that the person is on any premises.

(2)The police officer may enter the premises, using the force that is necessary and reasonable in the circumstances, for the purpose of requiring the person to undergo 1 or more alcohol screening tests.

(3)A police officer who enters premises under this section must not remain at the premises for longer than is necessary to conduct the required screening tests.

  1. New section 13CA

    in division 2.4, insert

13CAPower to enter premises for drug screening test

(1)This section applies if a police officer—

(a)suspects on reasonable grounds that a person—

(i)was the driver of a vehicle that was involved in an accident on a road or road related area; or

(ii)failed to comply with a police officer’s request or signal to stop a vehicle the person was driving on a road or road related area; and

(b)suspects on reasonable grounds that the person has committed an offence against section 19 (Prescribed concentration of alcohol in blood or breath), section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer) or section 24 (Driving under the influence of intoxicating liquor or a drug); and

(c)requires the person to undergo 1 or more drug screening tests under this division; and

(d)believes on reasonable grounds that the person is on any premises.

(2)The police officer may enter the premises, using the force that is necessary and reasonable in the circumstances, for the purpose of requiring the person to undergo 1 or more drug screening tests.

(3)A police officer who enters premises under this section must not remain at the premises for longer than is necessary to conduct the required screening tests.

  1. Automatic driver licence disqualification—first offenders, s 19
    New section 32 (4)

    before the table, insert

    (4)For the Magistrates Court Act 1930, section 208 (1) (g), an automatic disqualification from holding or obtaining a driver licence under this section is taken to be an order of the court to disqualify a person from holding or obtaining a driver licence.

  2. Automatic driver licence disqualification—repeat offenders, s 19
    New section 33 (4)

    before the table, insert

    (4)For the Magistrates Court Act 1930, section 208 (1) (g), an automatic disqualification from holding or obtaining a driver licence under this section is taken to be an order of the court to disqualify a person from holding or obtaining a driver licence.

  3. Automatic driver licence disqualification—offences other than s 19
    New section 34 (3)

    after the note, insert

    (3)For the Magistrates Court Act 1930, section 208 (1) (g), an automatic disqualification from holding or obtaining a driver licence under this section is taken to be an order of the court to disqualify a person from holding or obtaining a driver licence.

  4. Automatic driver licence disqualification—immediate suspension period
    Section 35 (2)

    substitute

    (2)The period for which the person is disqualified under this part from holding or obtaining a driver licence (including any period of minimum disqualification under section 32 or section 33) is reduced by the period that—

    (a)if the person is the holder of a driver licence—the person’s driver licence was suspended under the Road Transport (General) Act 1999, section 61B; or

    (b)if the person is the holder of an interstate driver licence or an external driver licence—the person’s right to drive in the ACT  was suspended under the Road Transport (General) Act 1999, section 61B.

  5. New part 22

    insert

Part 22Transitional—Road Transport Legislation Amendment Act 2016

  1. Meaning of commencement day—pt 22

    In this part:

    commencement day means the day the Road Transport Legislation Amendment Act 2016, section 3 commences.

  2. Existing automatic driver licence disqualification

    (1)This section applies if, before the commencement day, a person is automatically disqualified from holding or obtaining a driver licence under section 32 (Automatic driver licence disqualification—first offenders, s 19), section 33 (Automatic driver licence disqualification—repeat offenders, s 19) or section 34 (Automatic driver licence disqualification—offences other than s 19).

    (2)Section 32, section 33 and section 34, as in force immediately before the commencement day, continue to apply to the automatic disqualification.

  3. Expiry—pt 22

    This part expires 2 years after the commencement day.

    NoteTransitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Part 4Road Transport (Driver Licensing) Act 1999

  1. New section 19A

    insert

19ANotice of suspension confirmation notice

(1)This section applies if—

(a)the road transport authority—

(i)serves a notice of licence suspension on a person under section 18 (Licence suspension), and the person has not elected, under section 19 (Good behaviour alternative to licence suspension), to be of good behaviour for a 12‑month period; or

(ii)serves a notice of licence suspension on a person under section 19; and

(b)a police officer stops the person while the person is driving a motor vehicle; and

(c)the police officer tells the person that the person’s driver licence is suspended.

(2)The person is taken to know that the person’s driver licence is suspended.

Part 5Road Transport (General) Act 1999

  1. Definitions—pt 3 
    Section 21A, definitions of illegal user declaration and known user declaration

    after

    statutory declaration

    insert

    or online declaration

  2. Section 21A, new definition of online declaration

    insert

    online declaration means a declaration made by a person using a website approved by the road transport authority.

    NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

  3. Section 21A, definition of sold vehicle declaration

    after

    statutory declaration

    insert

    or online declaration

  4. New section 44B

    insert

44BNotice of suspension confirmation notice

(1)This section applies if—

(a)the road transport authority sends a suspension confirmation notice to a person under section 44 (Suspension for nonpayment of infringement notice penalties) or section 44A (Suspension for non-compliance with infringement notice management plan); and

(b)a police officer stops the person while the person is driving a motor vehicle; and

(c)the police officer tells the person that the person’s driver licence is suspended.

(2)The person is taken to know that the person’s driver licence is suspended.

  1. New section 57

    in division 3.6, insert

  2. Approval of website for online declarations

    (1)The road transport authority may approve a website for giving an online declaration.

    (2)An approval is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

  3. Dictionary, new definition of online declaration

    insert

    online declaration, for part 3 (Infringement notices for certain offences)—see section 21A.

Part 6Road Transport (Offences) Regulation 2005

  1. Infringement notices—service—Act, s 24 (2)
    Section 12 (2) (b) and note

    substitute

    (b)if it is not reasonably practicable to serve the notice on the suspected offender personally—by sending the notice to the offender—

    (i)by prepaid post addressed to the offender, at—

    (A)the offender’s home address or business address; or

    (B)if the offender has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or

    Note Corresponding law—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

    (ii)by an electronic means if—

    (A)the electronic means is approved by the chief police officer or the road transport authority; and

    (B)the offender has given the authorised person an electronic address at which service may be effected by the electronic means.

    Examples—electronic means

    ·   email address

    ·   mobile telephone number

    Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  2. Section 12 (3) (b), except notes

    substitute

    (b)if it is not reasonably practicable to access the vehicle—by sending the notice to the responsible person—

    (i)by prepaid post addressed to the person, at—

    (A)the person’s home address or business address; or

    (B)if the person has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or

    (ii)by an electronic means if—

    (A)the electronic means is approved by the chief police officer or the road transport authority; and

    (B)the responsible person has given the authorised person an electronic address at which service may be effected by the electronic means.

    Examples—electronic means

    ·     email address

    ·     mobile telephone number

  3. New section 12 (3A) and (3B)

    after the note, insert

    (3A)If the sender has no reason to suspect that an infringement notice served by electronic means was not received by the recipient when sent, the notice is presumed to be served when sent unless evidence sufficient to raise doubt about the presumption is given.

    (3B)For subsection (3A), the sender has reason to suspect that an infringement notice served by electronic means was not received by the recipient when sent only if, on the day the notice was sent or on the next working day, the equipment the sender used to send the notice indicated by way of a signal or other message that—

    (a)the equipment did not send the notice when the equipment was used to send the notice; or

    (b)for an email—the address to which the email was sent was not an email address of the recipient; or

    (c)for a mobile telephone—the number to which the notice was sent was not a mobile telephone number of the recipient.

  4. New section 12 (5)

    after the note, insert

    (5)In this section:

    recipient, for an infringement notice, means the person on whom the notice is intended to be served.

    sender, for an infringement notice served, or to be served, by electronic means, means the person sending, or seeking to send, the notice.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 29 October 2015.

  2. Notification

    Notified under the Legislation Act on 24 February 2016.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport Legislation Amendment Bill 2016, which originated in the Legislative Assembly as the Road Transport Legislation Amendment Bill 2015 (No 2) and was passed by the Assembly on 9 February 2016.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2016

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