Road Transport Legislation Amendment Act 2016 (No 2) (ACT)

Case

Road Transport Legislation Amendment Act 2016 (No 2)

A2016-14

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Road Transport (General) Act 1999

4            Police officer or authorised person may require people to disclose identity of driverSection 60 (1), penalty  3

5            New section 60A  3

6            Definitions—div 4.2Section 61A, definition of automatic disqualification provision, new paragraph (aa)      5

7           Section 61A, definition of immediate suspension offence  5

8            Section 61A, definition of immediate suspension offence, new paragraph (aa)  5

9            Section 61A, definition of immediate suspension offence, paragraphs (a) to (e) 5

10          Section 61A, definition of immediate suspension offence, new paragraph (g)    6

11          Meaning of first offender and repeat offender—div 4.2Section 61AA (5), definition of relevant offence, new paragraph (aa)       6

12          Section 61AA (5), definition of relevant offence, new paragraph (ca)       6

13          Automatic disqualification for certain other driving offencesNew section 63 (1) (aa)  7

14          New section 63 (1) (ba)  7

15          Dictionary, definitions of first offender and repeat offender                   7

Part 3Road Transport (Offences) Regulation 2005

16          Short descriptions, penalties and demerit pointsSchedule 1, part 1.7, items 7 and 8  9

17          Schedule 1, part 1.12, new item 7A  11

18          Schedule 1, part 1.12, item 9  12

19          Schedule 1, part 1.13, item 72  13

Part 4Road Transport (Safety and Traffic Management) Act 1999

20Offences against Act—application of Criminal Code etc
Section 5AA, note 1  14

21New section 5AB 14

22          New section 5C  16

23          Furious, reckless or dangerous drivingSection 7 (1), penalty  16

24          Aggravated offence—furious, reckless or dangerous drivingSection 7A (1) (a) (i)  17

25          Meaning of first offender and repeat offender—div 2.3Section 10AA (5), definition of impounding offence, new paragraph (ba)   17

26          Impounding or forfeiture of vehicles on conviction etc for certain offencesSection 10B (1)  17

27          Section 10B (6) (a)  18

28          Powers of police officers to issue surrender notices for motor vehiclesSection 10BA (1)  18

29          Powers of police officers to seize and impound vehicles used in committing certain offencesSection 10C (1) (a)  19

30          Section 10C (3)  19

31          New section 10C (3A) and (3B)  19

32          Section 10C (8), new definition of garage  20

33          Registered operator and interested people to be notifiedSection 10D (2)  20

34          Keeping of certain vehicles seized or surrenderedSection 10E (6), definition of relevant offence, new paragraph (ba)       20

35          Dictionary, definitions of first offender and repeat offender                  21

Part 5Road Transport (Safety and Traffic Management) Regulation 2000

36          Section 109 heading  22

37          Section 109 (1) and (2)  22

Road Transport Legislation Amendment Act 2016 (No 2)

A2016-14

An Act to amend legislation about road transport

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 (No 2).

  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:

    ·     Road Transport (General) Act 1999

    ·     Road Transport (Offences) Regulation 2005

    ·     Road Transport (Safety and Traffic Management) Act 1999

    ·     Road Transport (Safety and Traffic Management) Regulation 2000.

Part 2Road Transport (General) Act 1999

  1. Police officer or authorised person may require people to disclose identity of driver
    Section 60 (1), penalty

    substitute

    Maximum penalty: 

    (a)for an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police), for a first offender—100 penalty units, imprisonment for 12 months or both; or

    (b)for an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C, for a repeat offender—300 penalty units, imprisonment for 3 years or both; or

    (c)in any other case—20 penalty units.

  2. New section 60A

    insert

60AMeaning of first offender and repeat offender—s 60

(1)A person who is convicted or found guilty of a failing to identify or stop offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.

NoteFound guilty, of an offence—see the Legislation Act, dictionary, pt 1.

(2)A person who is convicted or found guilty of a failing to identify or stop offence (the relevant offence) is a repeat offender in relation to the offence if—

(a)the person has been convicted or found guilty of a failing to identify or stop offence at any time before the relevant offence was committed (whether or not the person has been convicted or found guilty of the failing to identify or stop offence when the person committed the relevant offence); or

(b)the person is convicted or found guilty of 1 or more failing to identify or stop offences concurrently with being convicted of the relevant offence, and 1 or more of the identification offences were committed before the relevant offence.

(3)In this section:

failing to identify or stop offence means—

(a)an offence against section 60 (1) (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); or

(b)an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (which is about failing to stop a motor vehicle when asked or signalled to do so by a police officer).

  1. Definitions—div 4.2
    Section 61A, definition of automatic disqualification provision, new paragraph (aa)

    before paragraph (a), insert

    (aa)section 60 (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police);

  2. Section 61A, definition of immediate suspension offence

    omit

    of the Road Transport (Alcohol and Drugs) Act 1977

  3. Section 61A, definition of immediate suspension offence, new paragraph (aa)

    before paragraph (a), insert

    (aa)section 60 (Police officer or authorised person may require people to disclose identity of driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police);

  4. Section 61A, definition of immediate suspension offence, paragraphs (a) to (e)

    before

    section

    insert

    the Road Transport (Alcohol and Drugs) Act 1977,

  5. Section 61A, definition of immediate suspension offence, new paragraph (g)

    insert

    (g)the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police).

  6. Meaning of first offender and repeat offender—div 4.2
    Section 61AA (5), definition of relevant offence, new paragraph (aa)

    insert

    (aa)an offence against section 60 (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police);

  7. Section 61AA (5), definition of relevant offence, new paragraph (ca)

    insert

    (ca)an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police);

  8. Automatic disqualification for certain other driving offences
    New section 63 (1) (aa)

    before paragraph (a), insert

    (aa)an offence against section 60 (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police);

  9. New section 63 (1) (ba)

    insert

    (ba)an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (which is about failing to stop a motor vehicle when asked or signalled to do so by a police officer);

  10. Dictionary, definitions of first offender and repeat offender

    substitute

    first offender—

    (a)for section 60 (Police officer or authorised person may require people to disclose identity of driver)—see section 60A; and

    (b)for division 4.2 (Licence suspension, disqualification and related matters)—see section 61AA.

    repeat offender—

    (a)for section 60 (Police officer or authorised person may require people to disclose identity of driver)—see section 60A; and

    (b)for division 4.2 (Licence suspension, disqualification and related matters)—see section 61AA.

Part 3Road Transport (Offences) Regulation 2005

  1. Short descriptions, penalties and demerit points
    Schedule 1, part 1.7, items 7 and 8

    substitute

7

60 (1) (a)

7.1

·    for offence against Road Transport (Safety and Traffic Management) Act 1999, s 5C, for first offender

responsible person/possessor not give particulars of driver/written signed statement required by police officer/authorised person—first offender

100pu/

12 months
prison/both

7.2

·    for offence against Road Transport (Safety and Traffic Management) Act 1999, s 5C, for repeat offender

responsible person/possessor not give particulars of driver/written signed statement required by police officer/authorised person—repeat offender

300pu/

3 years
prison/both

7.3

·    in any other case

responsible person/possessor not give particulars of driver/written signed statement required by police officer/authorised person

20

236

8

60 (1) (b)

8.1

·    for offence against Road Transport (Safety and Traffic Management) Act 1999, s 5C, for first offender

other person not give particulars of driver required by police officer/authorised person—first offender

100pu/

12 months
prison/both

8.2

·    for offence against Road Transport (Safety and Traffic Management) Act 1999, s 5C, for repeat offender

other person not give particulars of driver required by police officer/authorised person—repeat offender

300pu/

3 years
prison/both

8.3

·    in any other case

other person not give particulars of driver required by police officer/authorised person

20

236

  1. Schedule 1, part 1.12, new item 7A

    insert

7A

5C

7A.1

·    first offender

fail to stop motor vehicle for police—first offender

100pu/

12 months
prison/both

7A.2

·    repeat offender

fail to stop motor vehicle for police—repeat offender

300pu/

3 years
prison/both

  1. Schedule 1, part 1.12, item 9

    substitute

9

7 (1)

9.1

·    first offender, for aggravated offence (fail to stop for police)

aggravated offence (fail to stop for police)—drive furiously/recklessly/at speed dangerous/in way dangerous—first offender

300pu/

3 years
prison/both

9.2

repeat offender, for aggravated offence (fail to stop for police)

aggravated offence (fail to stop for police)—drive furiously/ recklessly/at speed dangerous/in way dangerous—repeat offender

500pu/

5 years
prison/both

9.3

·    for other aggravated offence

aggravated offence—drive furiously/
recklessly/at speed dangerous/in way dangerous

200pu/

24 months
prison/both

9.4

·    in any other case

drive furiously/
recklessly/at speed dangerous/in way dangerous

100pu/

12 months
prison/both

  1. Schedule 1, part 1.13, item 72

    omit

Part 4Road Transport (Safety and Traffic Management) Act 1999

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

    insert

    ·     s 5C (Failing to stop motor vehicle for police)

  2. New section 5AB

    in division 2.1, before section 5A, insert

5ABMeaning of first offender and repeat offender—div 2.1

(1)A person who is convicted or found guilty of a failing to stop offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.

NoteFound guilty, of an offence—see the Legislation Act, dictionary, pt 1.

(2)A person who is convicted or found guilty of a failing to stop offence (the relevant offence) is a repeat offender in relation to the offence if—

(a)the person has been convicted or found guilty of a failing to stop offence at any time before the relevant offence was committed (whether or not the person has been convicted or found guilty of the failing to stop offence when the person committed the relevant offence); or

(b)the person is convicted or found guilty of 1 or more failing to stop offences concurrently with being convicted of the relevant offence, and 1 or more of the failing to stop offences were committed before the relevant offence.

(3)However, a person who is convicted or found guilty of a failing to stop offence that was committed before the commencement of the Road Transport Legislation Amendment Act 2016 (No 2), section 21 (the pre-commencement offence) is a repeat offender in relation to the offence only if—

(a)the person has been convicted or found guilty of a failing to stop offence within 5 years before being convicted or found guilty of the pre-commencement offence; or

(b)the person is convicted or found guilty of 1 or more failing to stop offences concurrently with being convicted or found guilty of the pre-commencement offence, and 1 or more of the failing to stop offences were committed before the pre‑commencement offence.

(4)Subsection (3) and this subsection expire 5 years after the day this section commences.

(5)In this section:

failing to stop offence means—

(a)an offence against section 5C (Failing to stop motor vehicle for police); or

(b)an offence against section 7 (Furious, reckless or dangerous driving) (the current offence) that is an aggravated offence because a circumstance mentioned in section 7A (1) (a) (i) existed at the time of the current offence; or

(c)an offence against the Road Transport (General) Act 1999, section 60 (1) (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against section 5C.

  1. New section 5C

    insert

5CFailing to stop motor vehicle for police

A person commits an offence if—

(a)the person is driving a motor vehicle; and

(b)a police officer asks or signals the person to stop the motor vehicle; and

(c)the person fails to comply with the police officer’s request or signal as soon as practicable.

Maximum penalty:

(a)for an offence by a first offender—100 penalty units, imprisonment for 12 months or both; or

(b)for an offence by a repeat offender—300 penalty units, imprisonment for 3 years or both.

NoteAutomatic licence disqualification applies to an offence against this section (see Road Transport (General) Act 1999, s 63).

  1. Furious, reckless or dangerous driving
    Section 7 (1), penalty

    substitute

    Maximum penalty:

    (a)for an aggravated offence by a first offender in which a circumstance mentioned in section 7A (1) (a) (i) exists—300 penalty units, imprisonment for 3 years or both; or

    (b)for an aggravated offence by a repeat offender in which a circumstance mentioned in section 7A (1) (a) (i) exists—500 penalty units, imprisonment for 5 years or both; or

    (c)for any other aggravated offence—200 penalty units, imprisonment for 2 years or both; or

    (d)in any other case—100 penalty units, imprisonment for 12 months or both.

  2. Aggravated offence—furious, reckless or dangerous driving
    Section 7A (1) (a) (i)

    substitute

    (i)the person failed to comply, as soon as practicable, with a request or signal given by a police officer to stop the motor vehicle;

  3. Meaning of first offender and repeat offender—div 2.3
    Section 10AA (5), definition of impounding offence, new paragraph (ba)

    insert

    (ba)section 5C (Failing to stop motor vehicle for police);

  4. Impounding or forfeiture of vehicles on conviction etc for certain offences
    Section 10B (1)

    substitute

    (1)This section applies if a court convicts a person, or finds a person guilty, of an offence against—

    (a)section 5A (Races, attempts on speed records, speed trials etc); or

    (b)section 5B (Improper use of motor vehicle); or

    (c)section 5C (Failing to stop motor vehicle for police).

    (1A)The motor vehicle used by the person in committing the offence is—

    (a)for a first offender—to be impounded for 3 months, unless the court otherwise orders under subsection (2); or

    (b)for a repeat offender—forfeited to the Territory, unless the court otherwise orders under subsection (2).

  5. Section 10B (6) (a)

    after

    section 5B

    insert

    , section 5C

  6. Powers of police officers to issue surrender notices for motor vehicles
    Section 10BA (1)

    omit everything after

    committing

    substitute

    an offence against—

    (a)section 5A (Races, attempts on speed records, speed trials etc); or

    (b)section 5B (Improper use of motor vehicle); or

    (c)section 5C (Failing to stop motor vehicle for police).

  7. Powers of police officers to seize and impound vehicles used in committing certain offences
    Section 10C (1) (a)

    omit everything after

    offence

    substitute

    against—

    (i)section 5A (Races, attempts on speed records, speed trials etc); or

    (ii)section 5B (Improper use of motor vehicle); or

    (iii)section 5C (Failing to stop motor vehicle for police); or

  8. Section 10C (3)

    omit everything before paragraph (a), substitute

    (3)The police officer may seize the motor vehicle from—

  9. New section 10C (3A) and (3B)

    insert

    (3A)If subsection (1) (a) (iii) applies, the police officer may seize the motor vehicle from a place other than a road or road related area or other public place without the consent of the owner or occupier of the place if the police officer believes on reasonable grounds that the motor vehicle is at the place, but in seizing the vehicle may not—

    (a)enter any building on the place, other than a garage, shed or other structure where the police officer believes on reasonable grounds that the motor vehicle is located; or

    (b)remain at the place for longer than is necessary to seize the vehicle or determine that the vehicle is not at the property.

    (3B)For subsection (3A) the police officer may use the force that is necessary and reasonable in the circumstances to—

    (a)enter a place or structure where the police officer believes on reasonable grounds the motor vehicle is located; and

    (b)seize the vehicle.

  10. Section 10C (8), new definition of garage

    insert

    garage includes a garage attached to a residential building.

  11. Registered operator and interested people to be notified
    Section 10D (2)

    after

    section 5B (Improper use of motor vehicle)

    insert

    , section 5C (Failing to stop motor vehicle for police)

  12. Keeping of certain vehicles seized or surrendered
    Section 10E (6), definition of relevant offence, new paragraph (ba)

    insert

    (ba)section 5C (Failing to stop motor vehicle for police); or

  1. Dictionary, definitions of first offender and repeat offender

    substitute

    first offender—

    (a)for division 2.1 (Speeding and other dangerous driving offences)—see section 5AB; and

    (b)for division 2.3 (Seizure, impounding and forfeiture of vehicles for certain offences)—see section 10AA.

    repeat offender—

    (a)for division 2.1 (Speeding and other dangerous driving offences)—see section 5AB; and

    (b)for division 2.3 (Seizure, impounding and forfeiture of vehicles for certain offences)—see section 10AA.

Part 5Road Transport (Safety and Traffic Management) Regulation 2000

  1. Section 109 heading

    substitute

  2. Additional police powers—removing parked cars

  3. Section 109 (1) and (2)

    omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 18 February 2016.

  2. Notification

    Notified under the Legislation Act on 17 March 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 (No 2), which originated in the Legislative Assembly as the Road Transport Legislation Amendment Bill 2016 and was passed by the Assembly on 8 March 2016.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2016

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