Road Transport Legislation Amendment Act 2019 (ACT)

Road Transport Legislation Amendment Act 2019

A2019-21

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Legislation repealed  3

Part 2Magistrates Court Act 1930

5            Meaning of prescribed offence for pt 3.7Section 116AA (1) (b)  4

Part 3Motor Accident Injuries Act 2019

6            Offence—use uninsured motor vehicle on road or road related areaSection 289 (1) (a) and (2)  5

Part 4Road Transport (Alcohol and Drugs) Act 1977

7Offences against Act—application of Criminal Code etc
Section 4, note 1  6

8            Meaning of first offender and repeat offenderNew section 4F (2) (c)  6

9            Restrictions on tests etc under this partSection 14 (3) (b)  6

10          Taking blood samples from people in custodySection 15 (5) (b)  7

11          Taking blood samples from people in hospitalSection 15AA (1) and note  7

12          New section 15AA (4)  8

13          Exemptions from requirements to take blood samples or carry out examinationsSection 17 (2) (a)  9

14          Section 17 (2) (c)  9

15          Section 17 (3)  9

16          Taking blood samples from people involved in accidentsSection 18A  9

17          Refusing blood test etcSection 23 (1) and (2)  10

18          Section 23 (4)  10

19          Evidentiary certificate—alcohol-related testsSection 41 (1) (d) (vii)  10

20          Section 41 (1) (e) (iv)  11

21          Evidentiary certificates—drug-related testsSection 41AA (4) (d)  11

22          Section 41AA (5) (i)  11

23          Evidentiary certificate—blood sample not takenSection 41AC (e) (i)  12

24          Evidence for insurance purposesSection 41A (1) (g) and (5) (a)  12

25          Dictionary, note 3  12

26          Dictionary, definition of driver involved in an accident  12

27          Dictionary, new definition of personal mobility device  12

28          Dictionary, definition of road related area  12

Part 5Road Transport (Driver Licensing) Act 1999

29          Offences committed by disqualified drivers etcSection 32 (6) (a) and (b)  13

30          Dictionary, note 3  13

31          Dictionary, definitions of road and road related area  13

Part 6Road Transport (Driver Licensing) Regulation 2000

32          Mandatory interlock conditionSection 73T (5)  14

33          Dictionary, note 3  14

34          Dictionary, note 4  15

35          Dictionary, definition of permanent resident  15

Part 7Road Transport (General) Act 1999

36          Objects of ActSection 3 (a)  16

37          Section 3, note  16

38          Application orders and emergency ordersSection 14 (2)  16

39          Delegation of road transport authority’s functionsSection 17 (2) to (4)  16

40          Delegation of chief police officer’s functionsNew section 18 (2)  17

41          Definitions—pt 3Section 21A, definition of illegal user declaration  17

42          Section 21A, definition of infringement notice declaration, note 1          17

43          Section 21A, definition of known user declaration  17

44          Section 21A, definition of online declaration  17

45          Section 21A, definition of relevant circumstances  18

46          Section 21A, definition of relevant circumstances, paragraphs (a) and (b) 18

47          Section 21A, definition of relevant circumstances, paragraph (d)           18

48          Section 21A, definition of sold vehicle declaration  18

49          Section 21A, definition of unknown user declaration  19

50          New section 21A (2)  19

51          Application for infringement notice management plan or addition to plan—decision New section 31B (7) (ca)  19

52          Approval of community work or social development programSection 31D (2) and note  19

53          Application for waiver of penalty—decisionNew section 31G (3) (e)  20

54          New section 31I  20

55          Application for withdrawal—decisionSection 35 (2)  20

56          Section 35 (2), note 1  20

57          Section 40  21

58          Meaning of all reasonable steps—div 3.3ASection 41 (1)  21

59          Section 41 (1), note 3  21

60          Sections 42 to 43A  21

61          Offence—driving interstate corporate vehicleSection 43B  22

62          Section 43B (3)  22

63          Effect of suspensionSection 45 (2)  22

64          Section 55  23

65          Evidentiary certificatesSection 56 (3) (p) and (q)  23

66          Approval of website for online declarationsSection 57  23

67          Police officer or authorised person may require name, date of birth, address and driver licence—driver or riderNew section 58 (1) (aa)  23

68          Section 58 (2)  24

69          Section 58 (5), new definition of identification document  24

70          Suspension to be concurrentSection 89 (1)  24

71          Dictionary, definition of bicycle, paragraph (b)  25

72          Dictionary, definition of bicycle, note  25

73          Dictionary, definition of online declaration  25

74          Dictionary, new definition of permanent resident  25

75          Dictionary, definition of personal mobility device  25

76          Dictionary, definitions of road and road related area  26

Part 8Road Transport (General) Regulation 2000

77          Internally reviewable decisionsSchedule 1, part 1.5, new item 2A  27

Part 9Road Transport (Offences) Regulation 2005

78          Sections 14F to 14I  28

79          New section 16BA  28

80          Kinds of community work or social development programs that may be approvedSection 16D (2) (a) and (b)  28

81          Section 16D (3), new definitions  28

82          Short descriptions, penalties and demerit pointsSchedule 1, part 1.3, item 15  29

83          Schedule 1, part 1.7, item 2, column 3  29

Part 10Road Transport (Public Passenger Services) Act 2001

84          Bus operators—purposes of accreditationSection 15 (a)  30

85          Taxi service operators—purposes of accreditationSection 49 (a)  30

86          Demand responsive service authorisationsSection 82 (1)  30

87          Demand responsive service operators—purposes of accreditationSection 87 (a)  30

88          Police officer or authorised person—power to require name and address etcSection 121 (1), except note  31

89          New section 121 (6) and (7)  31

90          Dictionary, note 3  32

91          Dictionary, definitions of road and road related area  32

Part 11Road Transport (Public Passenger Services) Regulation 2002

92          Dictionary, note 3  33

93          Dictionary, note 4  33

Part 12Road Transport (Road Rules) Regulation 2017

94          Meaning of roadSection 12, note 1  34

95          Meaning of vehicleSection 15  34

96          New section 18A  34

97          Dictionary, note 3  35

98          Dictionary, note 4  35

99          Dictionary, note 4  35

100         Dictionary, new definition of personal mobility device  35

Part 13Road Transport (Safety and Traffic Management) Act 1999

101         Dictionary, note 3  36

102         Dictionary, definitions of road and road related area  36

Part 14Road Transport (Safety and Traffic Management) Regulation 2017

103         Meaning of roadSection 7, note 1  37

104         Dictionary, note 3  37

105         Dictionary, note 4  37

Part 15Road Transport (Third-Party Insurance) Act 2008

106         Offence—using uninsured motor vehicle on road or road related areaSection 17 (1) (a)  38

Part 16Road Transport (Vehicle Registration) Act 1999

107         Prohibition on using unregistered registrable vehicles or vehicles with suspended registrationSection 18 (1)  39

108         Dictionary, definitions of gross combination mass and gross vehicle mass 39

109         Dictionary, new definitions  40

110         Dictionary, note 3  40

111         Dictionary, definitions of road and road related area  40

Part 17Road Transport (Vehicle Registration) Regulation 2000

112         Dictionary, note 4  41

Road Transport Legislation Amendment Act 2019

A2019-21

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 2019.

2. Commencement

   (1)The following provisions commence 6 weeks after this Act’s notification day:

   ·     part 2

   ·     part 4 (other than sections 8, 25, 27 and 28)

   ·     part 5 (other than sections 30 and 31)

   ·     part 15

   ·     section 107.

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

   (2)Part 3 commences on the commencement of the Motor Accident Injuries Act 2019, section 289.

   (3)Sections 71 and 72 commence on 10 December 2019.

   (4)The remaining provisions commence on the 14th day after this Act’s notification day. 

3. Legislation amended

   This Act amends the following legislation:

   ·     Magistrates Court Act 1930

   ·     Motor Accident Injuries Act 2019

   ·     Road Transport (Alcohol and Drugs) Act 1977

   ·     Road Transport (Driver Licensing) Act 1999

   ·     Road Transport (Driver Licensing) Regulation 2000

   ·     Road Transport (General) Act 1999

   ·     Road Transport (General) Regulation 2000

   ·     Road Transport (Offences) Regulation 2005

   ·     Road Transport (Public Passenger Services) Act 2001

   ·     Road Transport (Public Passenger Services) Regulation 2002

   ·     Road Transport (Road Rules) Regulation 2017

   ·     Road Transport (Safety and Traffic Management) Act 1999

   ·     Road Transport (Safety and Traffic Management) Regulation 2017

   ·     Road Transport (Third-Party Insurance) Act 2008

   ·     Road Transport (Vehicle Registration) Act 1999

   ·     Road Transport (Vehicle Registration) Regulation 2000.

4. Legislation repealed

   The Road Transport (General) Website for Online Declarations Approval 2018 (No 1) (NI2018-521) is repealed.

Part 2Magistrates Court Act 1930

1. Meaning of prescribed offence for pt 3.7
   Section 116AA (1) (b)

   substitute

   (b)it is an offence against the Heavy Vehicle National Law (ACT); or

Part 3Motor Accident Injuries Act 2019

1. Offence—use uninsured motor vehicle on road or road related area
   Section 289 (1) (a) and (2)

   after

   uses

   insert

   , or permits or allows a person to use,

Part 4Road Transport (Alcohol and Drugs) Act 1977

1. Offences against Act—application of Criminal Code etc
   Section 4, note 1

   insert

   ·     s 23 (1) (Refusing blood test etc)

2. Meaning of first offender and repeat offender
   New section 4F (2) (c)

   insert

   (c)in the 5 years immediately before the disqualifying offence was committed, the person has—

   (i)been issued with an infringement notice (however described) in relation to a corresponding offence; and

   (ii)not disputed the infringement notice within the time allowed for the person to dispute the notice under the law of the jurisdiction where the notice was issued.

3. Restrictions on tests etc under this part
   Section 14 (3) (b)

   omit

   detrimental to the person’s medical condition

   substitute

   prejudicial to the proper care and treatment of the person or dangerous to the person’s health

4. Taking blood samples from people in custody
   Section 15 (5) (b)

   substitute

   (b)if the person is unconscious or the doctor or nurse is of the opinion that the person is, because of their medical condition, incapable of giving or refusing permission to take such a sample—if requested to do so by a police officer under this section.

5. Taking blood samples from people in hospital
   Section 15AA (1) and note

   substitute

   (1)This section applies if a doctor or nurse attending to a person in a hospital believes on reasonable grounds that—

   (a)the person—

   (i)was involved in an accident; and

   (ii)is at least 15 years old; and

   (iii)was admitted to the hospital for examination or treatment because of the accident; and

   (b)the accident happened not more than 6 hours before the person arrived at the hospital.

   (1A)The doctor or nurse must, as soon as practicable but not more than 2 hours after the person arrives at the hospital, take a sample of the person’s blood for analysis.

   (1B)A doctor or nurse must not fail to take a sample of blood under subsection (1A) only because—

   (a)the person is unconscious; or

   (b)the doctor or nurse is of the opinion that the person is, because of their medical condition, incapable of giving or refusing permission to take such a sample.

   NoteSee section 17 (2) for circumstances when a doctor or nurse is not required to take a sample of blood.

6. New section 15AA (4)

   insert

   (4)In this section:

   accident means an accident on a road or road related area, whether within or outside the ACT and whether or not it involves a motor vehicle.

   animal means a horse, cattle or sheep.

   involved in an accident—a person was involved in an accident if the person—

   (a)was a driver or driver trainer of a motor vehicle involved in an accident; or

   (b)was in charge of, or driving or attempting to drive, a vehicle other than a motor vehicle involved in an accident; or

   (c)was riding or driving, or attempting to ride or drive, an animal involved in an accident; or

   (d)was a pedestrian involved in an accident that involved a motor vehicle or a vehicle other than a motor vehicle.

   vehicle other than a motor vehicle means—

   (a)a bicycle; or

   (b)a personal mobility device; or

   (c)an animal-drawn vehicle.

7. Exemptions from requirements to take blood samples or carry out examinations
   Section 17 (2) (a)

   substitute

   (a)the doctor or nurse is of the opinion that to do so would be prejudicial to the proper care and treatment of the person or dangerous to the person’s health; or

8. Section 17 (2) (c)

   substitute

   (c)for a procedure under section 15AA, if—

   (i)the doctor or nurse believes on reasonable grounds that a sample of the person’s blood—

   (A)has already been taken under this Act; or

   (B)will be taken under section 15; or

   (ii)the behaviour of the person or another circumstance prevents the doctor or nurse from carrying out the procedure.

9. Section 17 (3)

   omit

   , section 15AA (1)

10. Taking blood samples from people involved in accidents
    Section 18A

    omit

11. Refusing blood test etc
    Section 23 (1) and (2)

    substitute

    (1)A person commits an offence if—

    (a)the person is—

    (i)required by a police officer to permit a sample of blood to be taken under section 15; or

    (ii)a person, other than a pedestrian, from whom a doctor or nurse is required to take a sample of blood under section 15AA; and

    (b)the person fails or refuses to permit the sample to be taken.

    Example—par (b)

    the person waving their arm about so the nurse cannot place a tourniquet on it

    Maximum penalty:  30 penalty units.

12. Section 23 (4)

    omit

    subsection (1), (2) or (3)

    substitute

    this section

13. Evidentiary certificate—alcohol-related tests
    Section 41 (1) (d) (vii)

    substitute

    (vii)if the sample was taken under section 15 or section 15AA—that, when the sample was taken, the relevant person was unconscious or the person was of the opinion that the relevant person was incapable of giving or refusing permission to take a sample of blood; and

14. Section 41 (1) (e) (iv)

    substitute

    (iv)when told, the doctor or nurse was of the opinion that—

    (A)complying with the requirement would be prejudicial to the proper care and treatment of the person or dangerous to the person’s health; or

    (B)complying with the requirement would not be prejudicial to the proper care and treatment of the person or dangerous to the person’s health; and

15. Evidentiary certificates—drug-related tests
    Section 41AA (4) (d)

    omit

    detrimental to the relevant person’s medical condition

    substitute

    prejudicial to the proper care and treatment of the relevant person or dangerous to the relevant person’s health

16. Section 41AA (5) (i)

    substitute

    (i)if the sample was taken under section 15—that, when the sample was taken, the relevant person was unconscious or the sample taker was of the opinion that the relevant person was incapable of giving or refusing permission to take a sample of blood.

17. Evidentiary certificate—blood sample not taken
    Section 41AC (e) (i)

    omit

    detrimental to the relevant person’s health

    substitute

    prejudicial to the proper care and treatment of the relevant person or dangerous to the relevant person’s health

18. Evidence for insurance purposes
    Section 41A (1) (g) and (5) (a)

    omit

    section 15AA (1)

    substitute

    section 15AA (1A)

19. Dictionary, note 3

    omit

    ·     personal mobility device

20. Dictionary, definition of driver involved in an accident

    omit

21. Dictionary, new definition of personal mobility device

    insert

    personal mobility device—see the Road Transport (Road Rules) Regulation 2017, section 18A.

22. Dictionary, definition of road related area

    omit

Part 5Road Transport (Driver Licensing) Act 1999

1. Offences committed by disqualified drivers etc
   Section 32 (6) (a) and (b)

   substitute

   (a)if the suspension was under the Road Transport (General) Act 1999, part 3 (Infringement notices for certain offences) or part 6 (Fine defaulters) or a law of another jurisdiction corresponding to part 3 or part 6 (or to part of it)—

   (i)for a first offender—for 1 month or, if the court orders a longer period, the longer period; or

   (ii)for a repeat offender—for 2 months or, if the court orders a longer period, the longer period; or

   (b)if the suspension was under division 2.3 (Demerit points system) or a law of another jurisdiction corresponding to division 2.3 (or to part of it)—

   (i)for a first offender—for 2 months or, if the court orders a longer period, the longer period; or

   (ii)for a repeat offender—for 4 months or, if the court orders a longer period, the longer period; or

2. Dictionary, note 3

   insert

   ·     road

   ·     road related area

3. Dictionary, definitions of road and road related area

   omit

Part 6Road Transport (Driver Licensing) Regulation 2000

1. Mandatory interlock condition
   Section 73T (5)

   substitute

   (5)In this section:

   habitual offender, means a person who—

   (a)is convicted or found guilty of an alcohol-related disqualifying offence; and

   (b)within 5 years before the conviction or finding of guilt, has been subject to relevant action in relation to 2 or more other alcohol‑related disqualifying offences.

   relevant action means the person has been—

   (a)convicted or found guilty; or

   (b)issued an infringement notice (however described) under a law of another jurisdiction and not disputed the infringement notice within the time allowed for the person to dispute the notice under the law of that jurisdiction.

2. Dictionary, note 3

   omit

   ·     road

   ·     road related area

3. Dictionary, note 4

   insert

   ·     permanent resident

   ·     road

   ·     road related area

4. Dictionary, definition of permanent resident

   omit

Part 7Road Transport (General) Act 1999

1. Objects of Act
   Section 3 (a)

   omit

   in a way that is consistent with the agreements scheduled to the National Road Transport Commission Act 1991 (Cwlth);

2. Section 3, note

   omit

3. Application orders and emergency orders
   Section 14 (2)

   omit

4. Delegation of road transport authority’s functions
   Section 17 (2) to (4)

   substitute

   (2)A delegate may subdelegate to a suitable person a function delegated under subsection (1) (a) or (b).

   (3)In this section:

   suitable person means—

   (a)a public employee; or

   (b)a person prescribed by regulation; or

   (c)if the person subdelegating a function is the chief police officer—a police officer.

5. Delegation of chief police officer’s functions
   New section 18 (2)

   after the notes, insert

   (2)A public employee may subdelegate to another public employee a function delegated under subsection (1).

6. Definitions—pt 3
   Section 21A, definition of illegal user declaration

   omit

   statutory declaration or online declaration

   substitute

   written statement

7. Section 21A, definition of infringement notice declaration, note 1

   omit

8. Section 21A, definition of known user declaration

   omit

   statutory declaration or online declaration

   substitute

   written statement

1. Section 21A, definition of online declaration

   omit

2. Section 21A, definition of relevant circumstances

   omit

   significantly affect

   substitute

   contributes to

3. Section 21A, definition of relevant circumstances, paragraphs (a) and (b)

   substitute

   (a)mental illness or mental disorder;

   (b)disability, disease or illness;

4. Section 21A, definition of relevant circumstances, paragraph (d)

   substitute

   (d)family violence;

5. Section 21A, definition of sold vehicle declaration

   omit

   statutory declaration or online declaration

   substitute

   written statement

6. Section 21A, definition of unknown user declaration

   omit

   statutory declaration

   substitute

   written statement

7. New section 21A (2)

   insert

   (2)In this section:

   disability—see the Disability Services Act 1991, dictionary.

   mental disorder—see the Mental Health Act 2015, section 9.

   mental illness—see the Mental Health Act 2015, section 10.

8. Application for infringement notice management plan or addition to plan—decision
   New section 31B (7) (ca)

   insert

   (ca)variation or suspension of a person’s infringement notice management plan at the person’s request;

9. Approval of community work or social development program
   Section 31D (2) and note

   substitute

   (2)An approval is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

10. Application for waiver of penalty—decision
    New section 31G (3) (e)

    in division 3.2B, insert

    (e)allowing the application is consistent with any guidelines made under section 31I.

11. New section 31I

    insert

31IGuidelines for waiver of penalty

(1)The Minister may make guidelines for the waiver of infringement notice penalties.

(2)The administering authority for an infringement notice offence must comply with the guidelines.

(3)A guideline is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

1. Application for withdrawal—decision
   Section 35 (2)

   omit

   statutory declaration

   substitute

   written statement

2. Section 35 (2), note 1

   omit

3. Section 40

   substitute

4. Definitions—div 3.3A

   In this division:

   corporation’s motor vehicle means a motor vehicle for which the corporation is the registered operator.

5. Meaning of all reasonable steps—div 3.3A
   Section 41 (1)

   before

   vehicle

   insert

   motor

6. Section 41 (1), note 3

   omit

7. Sections 42 to 43A

   before

   vehicle

   insert

   motor

8. Offence—driving interstate corporate vehicle
   Section 43B

   before

   vehicle

   insert

   motor

9. Section 43B (3)

   substitute

   (3)In this section:

   interstate corporate motor vehicle means a corporation’s motor vehicle that is registered in another jurisdiction.

10. Effect of suspension
    Section 45 (2)

    substitute

    (2)The period for which a person’s driver licence is suspended under this division is concurrent with any uncompleted period of driver licence suspension or disqualification applying to the person under—

    (a)another part; or

    (b)any other territory law, other than the Road Transport (Driver Licensing) Act 1999, division 2.3 (Demerit points system).

    (2A)Subsection (2) is subject to any order by a court in relation to the other suspension or disqualification. 

11. Section 55

    substitute

12. Written statements by corporations

    A written statement is made by a corporation for this part only if the statement is made by an executive officer of the corporation.

    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).

13. Evidentiary certificates
    Section 56 (3) (p) and (q)

    omit

    statutory

14. Approval of website for online declarations
    Section 57

    omit

15. Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
    New section 58 (1) (aa)

    insert

    (aa)for the rider of an animal—require the person to produce an identification document if the person is carrying an identification document;

16. Section 58 (2)

    omit

    subsection (1)

    substitute

    subsection (1) (a), (b), (c) or (d)

17. Section 58 (5), new definition of identification document

    insert

    identification document, includes the following:

    (a)an Australian driver licence or foreign driver licence;

    (b)a proof of identity card issued under the Liquor Act 2010, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State;

    (c)a passport;

    (d)a student card;

    (e)a document that contains a photograph that could reasonably be taken to be the person and states the person’s name and date of birth.

18. Suspension to be concurrent
    Section 89 (1)

    substitute

    (1)The period for which a person’s driver licence is suspended under this part is concurrent with any uncompleted period of driver licence suspension applying to the person under another part or any other territory law (the other suspension)—

    (a)subject to any order by a court in relation to the other suspension; and

    (b)only if the other suspension is not a suspension under the Road Transport (Driver Licensing) Act 1999, division 2.3 (Demerit points system).

19. Dictionary, definition of bicycle, paragraph (b)

    substitute

    (b)includes a power-assisted pedal cycle within the meaning of the national road vehicle standards determined under the Road Vehicle Standards Act 2018 (Cwlth), section 12; but

20. Dictionary, definition of bicycle, note

    omit

21. Dictionary, definition of online declaration

    omit

22. Dictionary, new definition of permanent resident

    insert

    permanent resident means—

    (a)a person who holds a permanent visa for the Migration Act 1958 (Cwlth), section 30; or

    (b)a New Zealand citizen who holds a special category visa under the Migration Act 1958 (Cwlth), section 32.

23. Dictionary, definition of personal mobility device

    substitute

    personal mobility device—see the Road Transport (Road Rules) Regulation 2017, section 18A.

24. Dictionary, definitions of road and road related area

    substitute

    road, for the road transport legislation or a provision of the road transport legislation (the relevant legislation)—

    (a)means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; but

    (b)does not include an area that would otherwise be a road so far as a declaration under section 12 (Power to include or exclude areas in road transport legislation) declares that the relevant legislation does not apply to the area.

    road related area, for the road transport legislation or a provision of the road transport legislation (the relevant legislation)—

    (a)means—

    (i)an area that divides a road; or

    (ii)a footpath or nature strip adjacent to a road; or

    (iii)an area that is open to the public and is designated for use by cyclists or animals; or

    (iv)an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or

    (v)a shoulder of a road; or

    (vi)any other area that is open to or used by the public so far as a declaration under section 12 (Power to include or exclude areas in road transport legislation) declares that the relevant legislation applies to the area; but

    (b)does not include an area that would otherwise be a road related area so far as a declaration under that section declares that the relevant legislation does not apply to the area.

Part 8Road Transport (General) Regulation 2000

1. Internally reviewable decisions
   Schedule 1, part 1.5, new item 2A

   insert

2A 31B (5) administering authority—amount of instalments

Part 9Road Transport (Offences) Regulation 2005

1. Sections 14F to 14I

   omit

   Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

2. New section 16BA

   insert

16BAVariation or suspension of plan—Act, s 31B (7) (ca)

The authority may, at the request of the person subject to the plan—

(a)vary the plan; or

(b)suspend the plan for a stated amount of time.

1. Kinds of community work or social development programs that may be approved
   Section 16D (2) (a) and (b)

   substitute

   (a)mental illness or mental disorder;

   (b)disability, disease or illness;

2. Section 16D (3), new definitions

   insert

   disability—see the Disability Services Act 1991, dictionary.

   mental disorder—see the Mental Health Act 2015, section 9.

   mental illness—see the Mental Health Act 2015, section 10.

3. Short descriptions, penalties and demerit points
   Schedule 1, part 1.3, item 15

   omit

4. Schedule 1, part 1.7, item 2, column 3

   before

   vehicle

   insert

   motor

Part 10Road Transport (Public Passenger Services) Act 2001

1. Bus operators—purposes of accreditation
   Section 15 (a)

   omit

2. Taxi service operators—purposes of accreditation
   Section 49 (a)

   omit

3. Demand responsive service authorisations
   Section 82 (1)

   omit

   The Minister

   substitute

   The road transport authority

4. Demand responsive service operators—purposes of accreditation
   Section 87 (a)

   omit

5. Police officer or authorised person—power to require name and address etc
   Section 121 (1), except note

   substitute

   (1)A police officer or authorised person may, if the police officer or authorised person believes on reasonable grounds that a person is committing or has committed an offence against this Act, require the person to state 1 or more of the following:

   (a)the person’s name;

   (b)the person’s date of birth;

   (c)the person’s home address.

6. New section 121 (6) and (7)

   insert

   (6)If a police officer or authorised officer suspects on reasonable grounds that information stated in response to a requirement under subsection (1) is false, the police officer or authorised officer may require the person to produce an identification document if the person is carrying an identification document.

   (7)In this section:

   identification document includes the following:

   (a)an Australian driver licence or foreign driver licence;

   (b)a proof of identity card issued under the Liquor Act 2010, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State;

   (c)a passport;

   (d)a student card;

   (e)a document that contains a photograph that could reasonably be taken to be the person and states the person’s name and date of birth.

7. Dictionary, note 3

   insert

   ·     road

   ·     road related area

8. Dictionary, definitions of road and road related area

   omit

Part 11Road Transport (Public Passenger Services) Regulation 2002

1. Dictionary, note 3

   omit

   ·     road

2. Dictionary, note 4

   insert

   ·     permanent resident

   ·     road

Part 12Road Transport (Road Rules) Regulation 2017

1. Meaning of road
   Section 12, note 1

   substitute

   Note 1Road—see the Road Transport (General) Act 1999, dictionary.

2. Meaning of vehicle
   Section 15

   before

   or a wheeled recreational device

   insert

   a personal mobility device,

3. New section 18A

   insert

18AMeaning of personal mobility device

In this regulation:

personal mobility device means a vehicle that—

(a)is designed to be self-balancing while a person travels in or on the vehicle; and

(b)is propelled by an electric motor; and

(c)has 2 wheels that operate on a single axis; and

(d)has a platform anywhere between the 2 wheels for the person’s feet; and

(e)has handles mounted on an upright post.

1. Dictionary, note 3

   omit

   ·     road

   ·     road related area

2. Dictionary, note 4

   omit

   ·     personal mobility device

3. Dictionary, note 4

   insert

   ·     road

   ·     road related area

4. Dictionary, new definition of personal mobility device

   insert

   personal mobility device—see section 18A.

Part 13Road Transport (Safety and Traffic Management) Act 1999

1. Dictionary, note 3

   insert

   ·     road

   ·     road related area

2. Dictionary, definitions of road and road related area

   omit

Part 14Road Transport (Safety and Traffic Management) Regulation 2017

1. Meaning of road
   Section 7, note 1

   substitute

   Note 1Road—see the Road Transport (General) Act 1999, dictionary.

2. Dictionary, note 3

   omit

   ·     road

   ·     road related area

3. Dictionary, note 4

   insert

   ·     road

   ·     road related area

Part 15Road Transport (Third-Party Insurance) Act 2008

1. Offence—using uninsured motor vehicle on road or road related area
   Section 17 (1) (a)

   after

   uses

   insert

   , or permits or allows a person to use,

Part 16Road Transport (Vehicle Registration) Act 1999

1. Prohibition on using unregistered registrable vehicles or vehicles with suspended registration
   Section 18 (1)

   after

   use

   insert

   , or permit or allow a person to use,

2. Dictionary, definitions of gross combination mass and gross vehicle mass

   substitute

   gross combination mass (or GCM), of a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and any vehicle that may be towed by the motor vehicle at the same time—

   (a)stated on the RAV for the motor vehicle; or

   (b)if the GCM is not stated on the RAV for the motor vehicle—

   (i)stated by the motor vehicle’s manufacturer on the identification plate on the vehicle; or

   (ii)if there is no GCM stated on the identification plate or the GCM stated on the plate is not appropriate because the motor vehicle has been modified—certified by the road transport authority.

   gross vehicle mass (or GVM), of a vehicle, means the maximum loaded mass of the vehicle—

   (a)stated on the RAV for the vehicle; or

   (b)if the GVM is not stated on the RAV for the vehicle—

   (i)stated by the vehicle’s manufacturer on the identification plate on the vehicle; or

   (ii)if there is no GVM stated on the identification plate or the GVM stated on the plate is not appropriate because the vehicle has been modified—certified by the road transport authority.

3. Dictionary, new definitions

   insert

   identification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 (Cwlth), section 10 (1) as in force immediately before the repeal of that Act.

   RAV means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 (Cwlth), section 14.

4. Dictionary, note 3

   insert

   ·     road

   ·     road related area

5. Dictionary, definitions of road and road related area

   omit

Part 17Road Transport (Vehicle Registration) Regulation 2000

1. Dictionary, note 4

   insert

   ·     road

   ·     road related area

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 6 June 2019.

2. Notification

   Notified under the Legislation Act on 8 August 2019.

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 2019, which was passed by the Legislative Assembly on 30 July 2019.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2019