Road Transport (Safety and Traffic Management) Amendment Act 2006 (ACT)

Road Transport (Safety and Traffic Management) Amendment Act 2006

A2006-39

An Act to amend the Road Transport (Safety and Traffic Management) Act 1999

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Road Transport (Safety and Traffic Management) Amendment Act 2006.

2. Commencement

   This Act 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 Act amends the Road Transport (Safety and Traffic Management) Act 1999.

4. Section 10E

   substitute

10EKeeping of vehicles seized under s 10C (1) (a)

(1)This section applies if a motor vehicle is seized under section 10C (1) (a) (Powers of police officers to seize and impound vehicles used in committing certain offences) by a police officer because the police officer believes the vehicle has been used by a person in committing an offence.

(2)The chief police officer must keep the motor vehicle under this section until the earlier of the following happens:

(a)the person is dealt with by a court for the offence;

(b)an infringement notice is served on the person for the offence;

(c)if a prosecution for the offence is not started within 28 days after the seizure—the end of the 28-day period;

(d)if the person has not been convicted, or found guilty, of a relevant offence within the 5-year period before the day the vehicle is seized—the end of the 3-month period after the day the vehicle is seized.

(3)However, subsection (2) does not apply if the vehicle is sooner released under—

(a)section 10G (Vehicles seized under s 10C (1) (a)—release by chief police officer); or

(b)section 10H (Vehicles seized under s 10C (1) (a)—release by Magistrates Court).

(4)If the person is convicted, or found guilty of, the offence, the chief police officer must keep the vehicle as required under section 10F.

(5)In this section:

relevant offence means an offence against—

(a)section 5A (Races, attempts on speed records, speed trials etc); or

(b)section 5B (Burnouts and other prohibited conduct); or

(c)section 8 (Menacing driving).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 8 June 2006.

2. Notification

   Notified under the Legislation Act on 26 September 2006.

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 (Safety and Traffic Management) Amendment Bill 2006, which was passed by the Legislative Assembly on 21 September 2006.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2006