Road Transport Legislation Amendment Regulation 2010 (No 4) (ACT)

Road Transport Legislation Amendment Regulation 2010 (No 4)

Subordinate Law SL2010-33

The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999.

Dated 29 July 2010.

Jon Stanhope

Minister

Andrew Barr

Minister

Road Transport Legislation Amendment Regulation 2010 (No 4)

Subordinate Law SL2010-33

made under the

Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999

Contents

Page

Part 1Preliminary

1. Name of regulation  1

2. Commencement  1

3. Legislation amended  1

Part 2Road Transport (General) Regulation 2000

1. New section 7  2

Part 3Road Transport (Safety and Traffic Management) Regulation 2000

1. Division 2.2.1, note 3, table, new item 6A  4

2. Section 33 (1), definition of authorised person  4

Part 1Preliminary

1. Name of regulation

   This regulation is the Road Transport Legislation Amendment Regulation 2010 (No 4).

2. Commencement

   This regulation 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 regulation amends the Road Transport (General) Regulation 2000 and the Road Transport (Safety and Traffic Management) Regulation 2000.

Part 2Road Transport (General) Regulation 2000

1. New section 7

   insert

2. Exemptions etc for protective service officers—appointment and identity cards

   (1)A protective service officer is an authorised person for the Australian Road Rules, rule 304 (Direction by a police officer or authorised person).

   (2)The Road Transport (General) Act 1999, section 20 does not apply to an authorised person who is a protective service officer.

   NoteSection 20 requires an authorised person to be issued with an identity card. A protective service officer’s AFP-issued identity card is equivalent to an identity card issued for s 20.

   (3)The Road Transport (General) Act 1999, section 21 does not apply to an authorised person who is a protective service officer while the person is giving a direction under the Australian Road Rules, rule 304.

   Note 1Section 21 requires an authorised person to show the person’s identity card before exercising a function under the road transport legislation.

   Note 2ARR r 304 requires a person to obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person.

   (4)However, before giving a direction to someone (the directed person) under the Australian Road Rules, rule 304, the authorised person must show the directed person the authorised person’s AFP‑issued identity card, if it is reasonably practicable in the circumstances to do so.

   (5)In this section:

   AFP-issued identity card, for a protective service officer, means the identity card issued to the protective service officer for the officer’s functions under the Australian Federal Police Act 1979 (Cwlth).

   protective service officer—see the Australian Federal Police Act 1979 (Cwlth), section 4 (1).

Part 3Road Transport (Safety and Traffic Management) Regulation 2000

1. Division 2.2.1, note 3, table, new item 6A

   insert

6A 304 Road Transport (General) Regulation 2000, s 6 and s 7

1. Section 33 (1), definition of authorised person

   omit

   appointed as an authorised officer

   substitute

   appointed as, or prescribed to be, an authorised person

Endnotes

1. Notification

   Notified under the Legislation Act on 5 August 2010.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2010