Road Transport Legislation Amendment Act 2022 (No 2) (ACT)

Case

Road Transport Legislation Amendment Act 2022 (No 2)

A2022-5

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  3

Part 2Heavy Vehicle National Law (ACT) Act 2013

4            Modification—Heavy Vehicle National Law (ACT)Schedule 1, modifications 1.2 and 1.11  4

Part 3Road Transport (Alcohol and Drugs) Act 1977

5Offences against Act—application of Criminal Code etc
Section 4, note 1, new dot point  5

6            Taking blood samples from people in hospitalSection 15AA (6), new definition of drive  5

7           Section 15AA (6), definition of involved in an accident, paragraphs (b) to (d) 5

8            Section 15AA (6), definition of vehicle other than a motor vehicle           5

9            Section 24A  6

Part 4Road Transport (Driver Licensing) Act 1999

10          Objects of ActSection 3 (a)  9

11          Section 3, note 2  9

12          Section 27  9

13          Dictionary, note 3  9

Part 5Road Transport (General) Act 1999

14          Application orders and emergency ordersSection 14 (3)  10

15          New section 14 (6)  10

16          Definitions—pt 3Section 21A (1), definition of heavy vehicle infringement notice offence    10

17          Police officer or authorised person may require name, date of birth, address and driver licence—driver or riderSection 58 (1), note  11

18          Section 229  11

19          Dictionary, definition of Australian Design Rule  11

20          Dictionary, definition of Australian Transport Council  11

21          Dictionary, definition of bicycle, new paragraph (c) (iv)  11

22          Dictionary, definition of heavy vehicle infringement notice offence         12

23          Dictionary, new definitions  12

Part 6Road Transport (Road Rules) Regulation 2017

24          New sections 203B and 203C  13

25          Time extension for people with disabilitiesSection 206 (2)  15

26          Wearing motorbike helmetSection 270 (3), definition of relevant standard, paragraph (c)              15

27          Parking control sign applying to length of road in area to which other parking control sign applies etcSection 333 (2)  16

28          Symbols and traffic‑related itemsSchedule 4  16

29          Dictionary, new definitions  17

Part 7Road Transport (Safety and Traffic Management) Act 1999

30          Section 3  18

31          Section 34  18

32          Dictionary, note 3  19

Part 8Road Transport (Vehicle Registration) Act 1999

33          Objects of ActSection 2 (a)  20

34          Section 2, note  20

35          Regulations to establish system for vehicle standards and inspectionsSection 15 (3) (a) and (e) (ii)  20

36          Section 15 (3) (g) and (h)  21

37          Section 16  21

38          Dictionary, note 3  21

39          Dictionary, definition of identification plate  22

Part 9Road Transport (Vehicle Registration) Regulation 2000

40          Suspension of exemptionsSection 7 (1)  23

41          Section 14  23

42          Definitions for pt 6.3Section 115, definition of certificate of appointment  25

43          Section 115, new definition of certificate of authorisation  26

44          Sections 119, 126 and 152 headings  26

45          Dictionary, note 3  26

46          Dictionary, note 4  26

47          Dictionary, definition of certificate of appointment  26

48          Dictionary, new definition of certificate of authorisation  26

49          Dictionary, definition of identification plate  27

50          Further amendments, mentions of certificate of appointment               27

Schedule 1 Other amendments  28

Part 1.1    Motor Accident Injuries Act 2019  28

Part 1.2    Road Transport (General) Regulation 2000                   30

Part 1.3    Road Transport (Offences) Regulation 2005                 31

Part 1.4    Victims of Crime Regulation 2000  34

Road Transport Legislation Amendment Act 2022 (No 2)

A2022-5

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 2022 (No 2).

  2. Commencement

    (1)This Act (other than the following provisions) commences on the 14th day after its notification day:

    ·     part 3

    ·     sections 24 and 25

    ·     sections 27 to 29

    ·     sections 35 and 36

    ·     sections 42 to 44

    ·     sections 47 and 48

    ·     section 50

    ·     schedule 1, part 1.1

    ·     schedule 1, amendments 1.5 and 1.6

    ·     schedule 1, amendment 1.9

    ·     schedule 1, amendments 1.13 to 1.15

    ·     schedule 1, amendment 1.18.

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

    (2)The provisions mentioned in subsection (1) commence on the 28th day after this Act’s notification day.

  3. Legislation amended

    This Act amends the following legislation:

    ·     Heavy Vehicle National Law (ACT) Act 2013

    ·     Road Transport (Alcohol and Drugs) Act 1977

    ·     Road Transport (Driver Licensing) Act 1999

    ·     Road Transport (General) Act 1999

    ·     Road Transport (Road Rules) Regulation 2017

    ·     Road Transport (Safety and Traffic Management) Act 1999

    ·     Road Transport (Vehicle Registration) Act 1999

    ·     Road Transport (Vehicle Registration) Regulation 2000.

    NoteThis Act also amends other legislation (see sch 1).

Part 2Heavy Vehicle National Law (ACT) Act 2013

  1. Modification—Heavy Vehicle National Law (ACT)
    Schedule 1, modifications 1.2 and 1.11

    omit

Part 3Road Transport (Alcohol and Drugs) Act 1977

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

    insert

    ·     s 24A (Use vehicle or animal on road or road related area under influence of alcohol or drug)

  2. Taking blood samples from people in hospital
    Section 15AA (6), new definition of drive

    insert

    drive, a vehicle—see section 24A (5).

  3. Section 15AA (6), definition of involved in an accident, paragraphs (b) to (d)

    substitute

    (b)was driving, or attempting to drive, a vehicle involved in an accident; or

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

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

  4. Section 15AA (6), definition of vehicle other than a motor vehicle

    substitute

    vehicle—see section 24A (5).

  5. Section 24A

    substitute

24AUse vehicle or animal on road or road related area under influence of alcohol or drug

(1)A person commits an offence if—

(a)the person—

(i)drives a vehicle on a road; or

(ii)rides an animal on a road; or

(iii)is in charge of an animal, including an animal being used for an animal‑drawn vehicle, on a road; and

(b)the person is under the influence of alcohol or a drug to such an extent that the person is incapable of having proper control of the vehicle or animal.

Maximum penalty:

(a)for a first offender—30 penalty units, imprisonment for 6 months or both; or

(b)for a repeat offender—30 penalty units, imprisonment for 12 months or both.

(2)A person commits an offence if—

(a)the person—

(i)drives a vehicle on a road related area; or

(ii)rides an animal on a road related area; or

(iii)is in charge of an animal, including an animal being used for an animal‑drawn vehicle, on a road related area; and

(b)the person is under the influence of alcohol or a drug to such an extent that the person is incapable of having proper control of the vehicle or animal.

Maximum penalty:  20 penalty units.

(3)An offence against this section is a strict liability offence.

(4)If a charge for an offence against this section states that the person was under the influence of ‘alcohol or a drug’, in a proceeding for the offence—

(a)evidence that the person was under the influence of alcohol, or a drug, or both, is admissible; and

(b)if the evidence establishes that the person was under the influence of alcohol, or a drug, or both, the person may be convicted of the offence.

(5)In this section:

animal means a horse, cattle or sheep.

drive, a vehicle—

(a)includes—

(i)be in control of the steering, movement or propulsion of the vehicle; and

(ii)if the vehicle can be ridden—ride the vehicle; but

(b)does not include pushing, carrying or otherwise controlling the vehicle while dismounted.

first offender, in relation to an offence against subsection (1), means a person who—

(a)is convicted or found guilty of an offence against subsection (1); and

(b)is not a repeat offender in relation to the offence.

repeat offender, in relation to an offence against subsection (1), means a person who—

(a)is convicted or found guilty of an offence against subsection (1) (the current offence); and

(b)has been convicted or found guilty of another offence against subsection (1) committed within 5 years before the current offence regardless of whether the person—

(i)has been convicted or found guilty of the earlier offence before the person committed the current offence; or

(ii)is convicted or found guilty concurrently with the current offence.

vehicle means—

(a)a bicycle; or

(b)a personal mobility device; or

(c)an animal-drawn vehicle.

Part 4Road Transport (Driver Licensing) Act 1999

  1. Objects of Act
    Section 3 (a)

    substitute

    (a)to provide for a driver licensing system in the ACT that is part of a uniform national approach to driver licensing (including uniform driver licence classes and licence eligibility criteria); and

  2. Section 3, note 2

    omit

  3. Section 27

    substitute

  4. Regulations may apply certain documents

    A regulation may apply a publication of the National Transport Commission or any other instrument as in force from time to time.

    NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

  5. Dictionary, note 3

    omit

    ·     Australian Transport Council

Part 5Road Transport (General) Act 1999

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

    omit

    Australian Transport Council

    substitute

    Ministerial Council

  2. New section 14 (6)

    after the note, insert

    (6)In this section:

    Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.

  3. Definitions—pt 3
    Section 21A (1), definition of heavy vehicle infringement notice offence

    substitute

    heavy vehicle infringement notice offence (or HVINO) means an infringement notice offence against the Heavy Vehicle National Law (ACT).

  4. Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
    Section 58 (1), note

    omit

    s 567A

    substitute

    s 568

  5. Section 229

    substitute

  6. Regulations may apply certain documents

    A regulation may apply a publication of the National Transport Commission or any other instrument as in force from time to time.

    NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

  7. Dictionary, definition of Australian Design Rule

    substitute

    Australian Design Rule—see the Road Transport (Vehicle Registration) Regulation 2000, schedule 1 (Light vehicle standards), section 1.10.

  8. Dictionary, definition of Australian Transport Council

    omit

  9. Dictionary, definition of bicycle, new paragraph (c) (iv)

    insert

    (iv)a personal mobility device.

  10. Dictionary, definition of heavy vehicle infringement notice offence

    substitute

    heavy vehicle infringement notice offence (or HVINO), for part 3 (Infringement notices for certain offences)—see section 21A.

  11. Dictionary, new definitions

    insert

    HVINO—see heavy vehicle infringement notice offence.

    MAI policy—see the Motor Accident Injuries Act 2019, section 286.

Part 6Road Transport (Road Rules) Regulation 2017

  1. New sections 203B and 203C

    in division 12.6, insert

203BStopping in parking area for electric‑powered vehicles

(1)A driver of a vehicle that is not an electric-powered vehicle must not stop in a parking area for electric-powered vehicles.

Maximum penalty:  20 penalty units.

(2)In this section:

electric‑powered vehicle means a vehicle that—

(a)is powered by 1 or more electric motors or traction motors, regardless of whether the vehicle is also powered by another form of propulsion; and

(b)can be recharged from an external source of electricity.

electric‑powered vehicle parking sign means a sign displaying an electric‑powered vehicle symbol.

electric‑powered vehicle symbol means a picture of a vehicle with an adjacent charging plug as shown in the diagram in schedule 4.

parking area for electric‑powered vehicles means a length or area of a road—

(a)to which a permissive parking sign displaying an electric‑powered vehicle symbol applies; or

(b)to which an electric‑powered vehicle parking sign applies; or

(c)indicated by a road marking (an electric‑powered vehicle road marking) that consists of, or includes, an electric‑powered vehicle symbol.

203CStopping in parking area for charging of electric‑powered vehicles

(1)A driver must not stop in a parking area for the charging of electric‑powered vehicles unless—

(a)the driver’s vehicle is an electric-powered vehicle; and

(b)the electric-powered vehicle is plugged in to an external source of electricity.

Maximum penalty:  20 penalty units.

(2)In this section:

electric-powered vehicle—see section 203B (2).

electric‑powered vehicle charging parking sign means a sign displaying an electric‑powered vehicle charging symbol.

electric‑powered vehicle charging symbol means a picture of a vehicle with a charging plug as shown in the diagram in schedule 4.

parking area for charging of electric‑powered vehicles means a length or area of a road—

(a)to which a permissive parking sign displaying an electric‑powered vehicle charging symbol applies; or

(b)to which an electric‑powered vehicle charging parking sign applies; or

(c)indicated by a road marking (an electric‑powered vehicle charging road marking) that consists of, or includes, an electric-powered vehicle charging symbol.

  1. Time extension for people with disabilities
    Section 206 (2)

    substitute

    (2)The driver may park continuously on a length of road, or in an area, to which a permissive parking sign applies—

    (a)in a parking area for electric‑powered vehicles or a parking area for charging of electric‑powered vehicles—for 30 minutes longer than the period indicated on the permissive parking sign; or

    (b)in any other case, for the longer of—

    (i)if the time limit on the sign is 30 minutes or less—2 hours; or

    (ii)if the time limit on the sign is longer than 30 minutes—an unlimited period.

    (3)Subsection (2) (b) does not apply if the driver parks in a parking area for people with disabilities.

    (4)In this section:

    parking area for charging of electric‑powered vehicles—see section 203C (2).

    parking area for electric‑powered vehicles—see section 203B (2).

  2. Wearing motorbike helmet
    Section 270 (3), definition of relevant standard, paragraph (c)

    substitute

    (c)in any case—the United Nations Economic Commission for Europe standard 22.05 (or any later version of standard 22), whether in force at the time the helmet is manufactured or at any later time;

  3. Parking control sign applying to length of road in area to which other parking control sign applies etc
    Section 333 (2)

    substitute

    (2)If the area indicated by any of the following road markings is in an area to which a parking control sign applies in accordance with section 335, the road marking applies in the same way as it would apply if it were not in that area, and the parking control sign does not apply to the area indicated by the road marking:

    (a)people with disabilities road marking;

    (b)electric‑powered vehicle road marking;

    (c)electric‑powered vehicle charging road marking.

    (3)In this section:

    electric-powered vehicle charging road marking—see section 203C (2), definition of parking area for charging of electric‑powered vehicles.

    electric-powered vehicle road marking—see section 203B (2), definition of parking area for electric‑powered vehicles.

  4. Symbols and traffic‑related items
    Schedule 4

    insert

Electric‑powered vehicle symbol

(s 203B)

Electric‑powered vehicle charging symbol

(s 203C)

  1. Dictionary, new definitions

    insert

    electric‑powered vehicle charging parking sign—see section 203C (2).

    electric‑powered vehicle parking sign—see section 203B (2).

    electric vehicle parking sign includes—

    (a)an electric‑powered vehicle charging parking sign; and

    (b)an electric‑powered vehicle parking sign.

Part 7Road Transport (Safety and Traffic Management) Act 1999

  1. Section 3

    substitute

  2. Objects of Act

    The objects of this Act are—

    (a)to provide for road safety and traffic management in the ACT; and

    (b)to improve road safety and transport efficiency, and reduce the costs of administering road transport; and

    (c)to provide for safe, efficient and equitable road use; and

    (d)to provide for the installation, use and maintenance of traffic control devices and traffic offence detection devices; and

    (e)to provide for the closing of roads for traffic management and other purposes.

  3. Section 34

    substitute

  4. Regulations may apply certain documents

    A regulation may apply a publication of the National Transport Commission or any other instrument as in force from time to time.

    NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

  5. Dictionary, note 3

    omit

    ·     Australian Transport Council

Part 8Road Transport (Vehicle Registration) Act 1999

  1. Objects of Act
    Section 2 (a)

    substitute

    (a)to provide for a vehicle registration system in the ACT that is part of a uniform national approach to vehicle registration and vehicle standards; and

  2. Section 2, note

    omit

  3. Regulations to establish system for vehicle standards and inspections
    Section 15 (3) (a) and (e) (ii)

    omit

    appointment

    substitute

    authorisation

  4. Section 15 (3) (g) and (h)

    omit

    inspectors

    substitute

    authorised examiners

  5. Section 16

    substitute

  6. Regulations may apply certain documents

    A regulation may apply a publication of the National Transport Commission or any other instrument as in force from time to time.

    NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

  7. Dictionary, note 3

    omit

    ·     Australian Transport Council

  8. Dictionary, definition of identification plate

    substitute

    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) (repealed), section 10A.

    Note 1Identification plates were approved for vehicles that complied with the national standards. Identification plates were also approved for vehicles that failed to comply, but either the noncompliance was minor and inconsequential, or the vehicle complied to an extent that made it suitable for supply to the market (see Motor Vehicle Standards Act 1989 (Cwlth) (repealed), s 10A).

    Note 2Despite the repeal of the Motor Vehicle Standards Act 1989 (Cwlth) on 1 July 2021—

    (a)approvals in force immediately before the repeal continue in force until 1 July 2022; and

    (b)new approvals may be given between 1 July 2021 to 1 July 2022, and remain in force until 1 July 2022.

    (See Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth), sch 3, s 4 and s 6.)

    Note 3Identification plates include compliance plates placed, or taken to be placed, on vehicles as early as 1972 (see Motor Vehicle Standards Act 1989 (Cwlth) (repealed), s 42 (d)).

Part 9Road Transport (Vehicle Registration) Regulation 2000

  1. Suspension of exemptions
    Section 7 (1)

    substitute

    (1)The road transport authority may suspend the operation of any of the following sections in relation to a registrable vehicle if the authority, having regard to any matter mentioned in section 84 (Suspension or cancellation of registration), decides that the suspension is in the public interest:

    (a)section 14 (Vehicles temporarily in the ACT);

    (b)section 15 (Vehicles registered in another jurisdiction by transferred defence force member or eligible family member);

    (c)section 16 (Trailers exempt from registration in another jurisdiction).

  2. Section 14

    substitute

  3. Vehicles temporarily in the ACT

    (1)The registration provisions do not apply to a registrable vehicle if—

    (a)the vehicle is—

    (i)kept at a garage address in the ACT for 3 months or less; or

    (ii)otherwise temporarily in the ACT; and

    (b)the vehicle is—

    (i)registered under the law of another jurisdiction, external territory or foreign country; or

    (ii)permitted under a relevant law of another jurisdiction to be used on a road or road related area in that jurisdiction, even though it is unregistered; and

    (c)the vehicle has the numberplates and labels required under that law; and

    (d)the numberplates and labels comply with that law; and

    (e)the vehicle complies with, and is being used in accordance with, any conditions of registration applying to the vehicle under that law, so far as they can be applied to the vehicle, or use of the vehicle, in the ACT; and

    (f)if the vehicle is unregistered—the vehicle is being used in accordance with any conditions of the permit or other authority applying to the vehicle under that law, so far as they can be applied to the use of the vehicle in the ACT; and

    (g)an MAI policy or compulsory third-party insurance policy under a law of another jurisdiction is in force for the vehicle.

    (2)In this section:

    relevant law, of another jurisdiction, external territory or foreign country, means a law of the other jurisdiction, territory or country that substantially corresponds to the provisions of this regulation about trader’s plates or unregistered vehicle permits.

  4. Vehicles registered in another jurisdiction by transferred defence force member or eligible family member

    (1)The registration provisions do not apply to a registrable vehicle if—

    (a)a registered operator of the vehicle is a transferred defence force member or eligible family member; and

    (b)the vehicle is registered under the law of another jurisdiction; and

    (c)the vehicle has the numberplates and labels required under that law; and

    (d)the numberplates and labels comply with that law; and

    (e)the vehicle complies with, and is being used in accordance with, any conditions of registration applying to the vehicle under that law, so far as they can be applied to the vehicle, or use of the vehicle, in the ACT; and

    (f)an MAI policy or compulsory third-party insurance policy under a law of another jurisdiction is in force for the vehicle.

    (2)In this section:

    eligible family member, of a transferred defence force member, means a person who—

    (a)usually lives with the defence force member; and

    (b)is entitled to be transferred with the defence force member at the expense of the Australian Defence Force.

    transferred defence force member means a person who is living in the ACT because of a transfer arranged by the Australian Defence Force and is—

    (a)on full-time permanent service with the Australian Defence Force; or

    (b)on full-time duty with the Australian Defence Force Reserve.

  5. Definitions for pt 6.3
    Section 115, definition of certificate of appointment

    omit

  6. Section 115, new definition of certificate of authorisation

    insert

    certificate of authorisation means a certificate of authorisation given under section 119.

  7. Sections 119, 126 and 152 headings

    substitute

  8. Authorisation of examiners and certificates of authorisation

  9. Return of certificate of authorisation on cancellation or suspension

  10. Issue of replacement certificates of authorisation and approval

  11. Dictionary, note 3

    insert

    ·     identification plate

  12. Dictionary, note 4

    insert

    ·     MAI policy

  13. Dictionary, definition of certificate of appointment

    omit

  14. Dictionary, new definition of certificate of authorisation

    insert

    certificate of authorisation, for part 6.3 (Inspections)—see section 115.

  15. Dictionary, definition of identification plate

    omit

  16. Further amendments, mentions of certificate of appointment

    omit

    certificate of appointment

    substitute

    certificate of authorisation

    in

    ·     sections 119 and 120

    ·     section 122 (1) (b)

    ·     section 123 (3)

    ·     sections 126 and 145

    ·     section 147 (b) (ii)

    ·     section 148 (2) (c) (i)

    ·     section 152 (1)


Schedule 1Other amendments

(see s 3)

Part 1.1Motor Accident Injuries Act 2019

[1.1]Section 41, definition of driving offence, paragraph (c) (ii) (B)

omit

section 41AB (Evidentiary certificate—analysis of oral fluid sample)

substitute

section 41AD (Evidentiary certificate—analysis of sample for prescribed drug etc)

[1.2]Section 41, definition of driving offence, paragraph (c) (iii)

substitute

(iii)section 24A (1) (Use vehicle or animal on road or road related area under influence of alcohol or drug), if a copy of a certificate under that Act, section 41 (1) (g) or section 41AD that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood was equivalent to level 3; or

(iv)section 24A (2) if—

(A)a copy of a certificate under that Act, section 41 (1) (g) or section 41AD that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood was equivalent to level 3 or level 4; or

(B)the offence relates to the person being under the influence of a drug;

[1.3]Section 48 (7), definition of serious offence, paragraph (b) (vii) (B)

omit

section 41AB (Evidentiary certificate—analysis of oral fluid sample)

substitute

section 41AD (Evidentiary certificate—analysis of sample for prescribed drug etc)

[1.4]Section 48 (7), definition of serious offence, paragraph (b) (ix) and (x)

substitute

(ix)section 24A (1) (Use vehicle or animal on road or road related area under influence of alcohol or drug) if—

(A)a copy of a certificate under that Act, section 41 (1) (g) or section 41AD that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood was equivalent to level 4; or

(B)the offence relates to the person being under the influence of a drug;

Part 1.2Road Transport (General) Regulation 2000

[1.5]Section 16 (1) (f)

omit

appointment

substitute

authorisation

[1.6]Section 17 (1), definition of relevant thing, paragraph (d)

omit

appointment

substitute

authorisation

[1.7]Schedule 1, part 1.11, item 1, column 3

after

section 14 (Vehicles temporarily in the ACT)

insert

, section 15 (Vehicles registered in another jurisdiction by transferred defence force member or eligible family member)

[1.8]Schedule 1, part 1.11, item 2, column 3

after

section 14

insert

, section 15

[1.9]Schedule 1, part 1.11, item 58, column 3

omit

certificate of appointment

substitute

certificate of authorisation

[1.10]Dictionary, note 3

insert

·     MAI policy

Part 1.3Road Transport (Offences) Regulation 2005

[1.11]Schedule 1, part 1.2A, note

omit

(other than penalties for s 567A and s 567B)

[1.12]Schedule 1, part 1.2A, items 274 and 275

omit

[1.13]Schedule 1, part 1.3, item 17

substitute

17 24A (1)
17.1 ·    first offender drive vehicle/ride animal/be in charge of animal on road under influence of alcohol/drug, incapable of proper control of vehicle/animal—first offender 30pu/ 6 months prison/both - -
17.2 ·    repeat offender drive vehicle/ride animal/be in charge of animal on road under influence of alcohol/drug, incapable of proper control of vehicle/animal—repeat offender 30pu/ 12 months prison/both - -
17A 24A (2) drive vehicle/ride animal/be in charge of animal on road related area under influence of alcohol/drug, incapable of proper control of vehicle/animal 20 - -

[1.14]Schedule 1, part 1.12A, new items 276A and 276B

insert

276A 203B (1) stop in parking area for electric‑powered vehicles 20 125 -
276B 203C (1) stop in parking area for charging of electric‑powered vehicles 20 125 -

[1.15]Schedule 1, part 1.15, items 73, 76 and 89, column 3

omit

appointment

substitute

authorisation

[1.16]Dictionary, note 3

insert

·     MAI policy

Part 1.4Victims of Crime Regulation 2000

[1.17]Section 49A (b)

omit

, except section 567A and section 567B

[1.18]Schedule 2, part 2.1, new items 52A and 52B

insert

52A 203B (1) stop in parking area for electric‑powered vehicles
52B 203C (1) stop in parking area for charging of electric‑powered vehicles

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 1 December 2021.

  2. Notification

    Notified under the Legislation Act on 13 April 2022.

  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 2022 (No 2), which originated in the Legislative Assembly as the Road Transport Legislation Amendment Bill 2021 (No 2) and was passed by the Assembly on 5 April 2022.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2022

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