Road Transport Legislation Amendment (Offender Nomination) Act 2012 (NSW)

An Act to amend the Road Transport (General) Act 2005 to make further provision with respect to the nomination of offenders for certain camera recorded and parking offences; and to make consequential and other minor amendments to the Fines Act 1996 and the road transport legislation.

1Name of Act

This Act is the Road Transport Legislation Amendment (Offender Nomination) Act 2012.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by subsection (2).

(2)

Schedules 1 [3], 2.1 and 2.2 commence on a day or days to be appointed by proclamation.

Schedule 1Amendment of Road Transport (General) Act 2005 No 11[1], [2]

(Repealed)

[3]Section 179 (10)

Insert “unless each of the offences is a camera recorded offence detected by the same camera device at approximately the same time” after “subsection (3), (4) or (8C)”.

[4]–[8]

(Repealed)

Schedule 2Amendment of other legislationFines Act 1996 No 99[1]Section 38 Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty

Insert “unless each of the offences is a camera recorded offence (within the meaning of section 179 of the Road Transport (General) Act 2005) detected by the same camera device at approximately the same time” after “subsection (1A) or (1D)” in section 38 (3).

[2]Schedule 3 Savings, transitional and other provisions

Insert at the end of the Schedule (with appropriate Part and clause numbers):

PartProvision consequent on enactment of Road Transport Legislation Amendment (Offender Nomination) Act 2012

Section 38 (3) (as amended by the Road Transport Legislation Amendment (Offender Nomination) Act 2012) applies in relation to vehicle or vessel offences committed (or alleged to have been committed) on or after the day on which the amendment to that subsection commences.

Road Transport (General) Regulation 2005[1]Clause 169 Penalty notice offences

Insert “subject to subclause (1A),” before “the prescribed penalty” in clause 169 (1) (c).

[2]Clause 169 (1A)

Insert after clause 169 (1):

(1A)

The amount of the prescribed penalty for a camera recorded offence of a kind referred to in section 179 (1A) of the Act of which a corporation is taken to be guilty under section 179 (1) of the Act is 5 times the amount specified in Schedule 3 as the penalty amount for the offence unless a lesser amount is specified in that Schedule for the offence when it is committed by a corporation.

(Repealed)