Road Transport (Offences) Amendment Regulation 2012 (No 2) (ACT)

The Australian Capital Territory Executive has made the Road Transport (Offences) Amendment Regulation 2012 (No 2) under the Road Transport (General) Act 1999. The regulation amends the Road Transport (Offences) Regulation 2005 and comes into effect on 1 July 2012. The regulation updates the penalties and infringement fees for various traffic offences and introduces new offences. The court was required to determine whether the regulation was validly made under the authority of the Road Transport (General) Act 1999 and whether it was consistent with the principles of justice and fairness. The court found that the regulation was validly made and did not contravene any legal principles. The court also noted that the regulation aimed to improve road safety and deter reckless driving. The penalties for various traffic offences have been updated to reflect the seriousness of the offence and the potential harm caused. For example, the penalty for exceeding the speed limit by more than 45 km/h in a non-school zone has been increased from 6 penalty units to 20 penalty units, and the infringement fee has been increased from $1,811 to $1,811. Similarly, the penalty for not giving way to a pedestrian at a T-intersection has been increased from 3 penalty units to 291 penalty units, and the infringement fee has been increased from $291 to $291. The regulation also introduces new offences, such as driving on a path or nature strip and not giving way to a user or animal on a path or nature strip. The penalties for these new offences range from 167 penalty units to 167 penalty units, and the infringement fees range from $167 to $167. The court held that the regulation was within the power of the Australian Capital Territory Executive to make and did not contravene any legal principles. The court also noted that the regulation aimed to improve road safety and deter reckless driving. The regulation is therefore valid and enforceable.