Statutes Amendment (Transport Portfolio—Penalties) Act 2011 (SA)

South Australia

Statutes Amendment (Transport Portfolio—Penalties) Act 2011

An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959, and the Road Traffic Act 1961.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Transport Portfolio—Penalties) Act 2011.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Harbors and Navigation Act 19934Amendment of section 70 – Alcohol and other drugs

1. (1)

   Section 70(1), penalty provision—delete the penalty provision and substitute:

   Penalty:

   1. (a)

      for a first offence—

      1. (i)

         a fine of not less than $1 100 and not more than $1 600; or

      2. (ii)

         imprisonment for not more than 3 months;

   2. (b)

      for a subsequent offence—

      1. (i)

         a fine of not less than $1 900 and not more than $2 900; or

      2. (ii)

         imprisonment for not more than 6 months.

2. (2)

   Section 70(2), penalty provision—delete the penalty provision and substitute:

   Penalty:

   1. (a)

      for a first offence—

      1. (i)

         if the offence is a category 1 offence—$1 100;

      2. (ii)

         if the offence is a category 2 offence—a fine of not less than $900 and not more than $1 300;

      3. (iii)

         if the offence is a category 3 offence—a fine of not less than $1 100 and not more than $1 600;

   2. (b)

      for a second offence—

      1. (i)

         if the offence is a category 1 offence—$1 100;

      2. (ii)

         if the offence is a category 2 offence—a fine of not less than $1 100 and not more than $1 600;

      3. (iii)

         if the offence is a category 3 offence—a fine of not less than $1 600 and not more than $2 400;

   3. (c)

      for a subsequent offence—

      1. (i)

         if the offence is a category 1 offence—$1 100;

      2. (ii)

         if the offence is a category 2 offence—a fine of not less than $1 500 and not more than $2 200;

      3. (iii)

         if the offence is a category 3 offence—a fine of not less than $1 900 and not more than $2 900.

3. (3)

   Section 70(3), penalty provision—delete the penalty provision and substitute:

   Penalty:

   1. (a)

      for a first offence—a fine of not less than $900 and not more than $1 300;

   2. (b)

      for a second offence—a fine of not less than $1 100 and not more than $1 600;

   3. (c)

      for a third or subsequent offence—a fine of not less than $1 500 and not more than $2 200.

5Amendment of section 71 – Authorised person may require alcotest or breath analysis

1. (1)

   Section 71(3), penalty provision—delete "$2 500" and substitute:

   $2 900

2. (2)

   Section 71(8), penalty provision—delete the penalty provision and substitute:

   Penalty:

   1. (a)

      for a first offence—a fine of not less than $1 100 and not more than $1 600;

   2. (b)

      for a subsequent offence—a fine of not less than $1 900 and not more than $2 900.

6Amendment of section 72 – Authorised person may require drug screening test, oral fluid analysis and blood test

1. (1)

   Section 72(5), penalty provision—delete "$2 500" and substitute:

   $2 900

2. (2)

   Section 72(10), penalty provision—delete the penalty provision and substitute:

   Penalty:

   1. (a)

      for a first offence—a fine of not less than $900 and not more than $1 300;

   2. (b)

      for a subsequent offence—a fine of not less than $1 500 and not more than $2 200.

7Amendment of section 74 – Compulsory blood tests of injured persons including water skiers

Section 74(18), penalty provision—delete the penalty provision and substitute:

Penalty:

1. (a)

   for a first offence—a fine of not less than $1 100 and not more than $1 600;

2. (b)

   for a subsequent offence—a fine of not less than $1 900 and not more than $2 900.

Part 3Amendment of Motor Vehicles Act 1959

8Amendment of section 12 – Exemption for certain trailers, agricultural implements and agricultural machines

Section 12(2c), penalty provision—delete "$250" and substitute:

$750

9Amendment of section 12B – Exemption of certain vehicles from requirements of registration and insurance

Section 12B(3), penalty provision—delete "$250" and substitute:

$750

10Amendment of section 16 – Permits to drive vehicles without registration

1. (1)

   Section 16(9), penalty provision—delete "$125" and substitute:

   $750

2. (2)

   Section 16(11), penalty provision—delete "$250" and substitute:

   $750

11Amendment of section 43A – Temporary configuration certificate for heavy vehicle

Section 43A(7), penalty provision—Delete "$125" and substitute:

$250

12Amendment of section 48 – Certificate of registration and registration label

1. (1)

   Section 48(1b), penalty provision—delete "$125" and substitute:

   $250

2. (2)

   Section 48(3), penalty provision—delete the penalty provision and substitute:

   Maximum penalty: $750.

3. (3)

   Section 48(3a), penalty provision—delete "$250" and substitute:

   $750

13Amendment of section 52 – Return or destruction of registration labels

Section 52(3), penalty provision—delete "$250" and substitute:

$750

14Amendment of section 53 – Offences in connection with registration labels and permits

Section 53(1) and (1a), penalty provisions—delete "$250" wherever occurring and substitute in each case:

$750

15Amendment of section 70 – Return of trade plates and refunds

Section 70(2), penalty provision—delete "$250" and substitute:

$750

16Amendment of section 71 – Transfer of trade plates

Section 71(1), penalty provision—delete "$250" and substitute:

$750

17Amendment of section 71B – Replacement of plates, certificates or labels

Section 71B(2), penalty provision—delete "$250" and substitute:

$750

18Amendment of section 81B – Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions etc

Section 81B(3), penalty provision—delete "$125" and substitute:

$750

19Amendment of section 96 – Duty to produce licence or permit

Section 96(3), penalty provision—delete "$250" and substitute:

$750

20Amendment of section 98A – Instructors' licences

Section 98A(1), penalty provision—delete "$250" and substitute:

$750

21Amendment of section 98V – Cancellation of permit

Section 98V(3), penalty provision—delete "$250" and substitute:

$750

22Amendment of section 99A – Insurance premium to be paid on applications for registration

Section 99A(7), penalty provision—delete "$250" and substitute:

$750

23Amendment of section 110 – Liability of insurer to pay for emergency treatment

Section 110(8), penalty provision—delete "$125" and substitute:

$250

24Amendment of section 124 – Duty to cooperate with insurer

Section 124(3a), (4) and (5), penalty provisions—delete "$250" wherever occurring and substitute in each case:

$750

25Amendment of section 137 – Duty to answer certain questions

Section 137, penalty provision—delete "$250" and substitute:

$750

26Amendment of section 137A – Obligation to provide evidence of design etc of motor vehicle

Section 137A, penalty provision—delete "$250" and substitute:

$750

27Amendment of section 138 – Obligation to provide information

Section 138(4), penalty provision—delete "$250" and substitute:

$750

28Amendment of section 138B – Effect of dishonoured cheques etc on transactions under the Act

Section 138B(5), penalty provision—delete "$250" and substitute:

$750

29Amendment of section 145 – Regulations

1. (1)

   Section 145(1)(m)—delete "$1 250" and substitute:

   $5 000

2. (2)

   Section 145(1)(n)—delete "$750" and substitute:

   $1 250

3. (3)

   Section 145(1a)(a)—delete "$2 500" and substitute:

   $5 000

4. (4)

   Section 145(1a)(b)—delete "$210" and substitute:

   $1 250

Part 4Amendment of Road Traffic Act 196130Amendment of section 45A – Excessive speed

Section 45A(1), penalty provision—delete the penalty provision and substitute:

Penalty:

1. (a)

   for a first offence—a fine of not less than $1 100 and not more than $1 500;

2. (b)

   for a subsequent offence—a fine of not less than $1 200 and not more than $1 700.

31Amendment of section 47 – Driving under the influence

Section 47(1), penalty provision—delete the penalty provision and substitute:

Penalty:

1. (a)

   if the vehicle concerned was a motor vehicle—

   1. (i)

      for a first offence—

      1. (A)

         a fine of not less than $1 100 and not more than $1 600; or

      2. (B)

         imprisonment for not more than 3 months; and

   2. (ii)

      for a subsequent offence—

      1. (A)

         a fine of not less than $1 900 and not more than $2 900; or

      2. (B)

         imprisonment for not more than 6 months.

2. (b)

   if the vehicle concerned was not a motor vehicle—$500.

32Amendment of section 47B – Driving while having prescribed concentration of alcohol in blood

Section 47B(1), penalty provision—delete the penalty provision and substitute:

Penalty:

1. (a)

   for a first offence—

   1. (i)

      being a category 1 offence—$1 100;

   2. (ii)

      being a category 2 offence—a fine of not less than $900 and not more than $1 300;

   3. (iii)

      being a category 3 offence—a fine of not less than $1 100 and not more than $1 600.

2. (b)

   for a second offence—

   1. (i)

      being a category 1 offence—$1 100;

   2. (ii)

      being a category 2 offence—a fine of not less than $1 100 and not more than $1 600;

   3. (iii)

      being a category 3 offence—a fine of not less than $1 600 and not more than $2 400.

3. (c)

   for a third or subsequent offence—

   1. (i)

      being a category 1 offence—$1 100;

   2. (ii)

      being a category 2 offence—a fine of not less than $1 500 and not more than $2 200;

   3. (iii)

      being a category 3 offence—a fine of not less than $1 900 and not more than $2 900.

33Amendment of section 47BA – Driving with prescribed drug in oral fluid or blood

Section 47BA(1), penalty provision—delete the penalty provision and substitute:

Penalty:

1. (a)

   for a first offence—a fine of not less than $900 and not more than $1 300;

2. (b)

   for a second offence—a fine of not less than $1 100 and not more than $1 600;

3. (c)

   for a third or subsequent offence—a fine of not less than $1 500 and not more than $2 200.

34Amendment of section 47E – Police may require alcotest or breath analysis

1. (1)

   Section 47E(2a)—at the foot of subsection (2a) insert:

   Maximum penalty: $2 900.

2. (2)

   Section 47E(3), penalty provision—delete the penalty provision and substitute:

   Penalty:

   1. (a)

      for a first offence—a fine of not less than $1 100 and not more than $1 600;

   2. (b)

      for a subsequent offence—a fine of not less than $1 900 and not more than $2 900.

35Amendment of section 47EAA – Police may require drug screening test, oral fluid analysis and blood test

1. (1)

   Section 47EAA(4)—at the foot of subsection (4) insert:

   Maximum penalty: $2 900.

2. (2)

   Section 47EAA(9), penalty provision—delete the penalty provision and substitute:

   Penalty:

   1. (a)

      for a first offence—a fine of not less than $900 and not more than $1 300;

   2. (b)

      for a subsequent offence—a fine of not less than $1 500 and not more than $2 200.

36Amendment of section 47I – Compulsory blood tests

Section 47I(14), penalty provision—delete the penalty provision and substitute:

Penalty:

1. (a)

   where the convicted person was the driver of a motor vehicle involved in the accident—

   1. (i)

      for a first offence—a fine of not less than $1 100 and not more than $1 600;

   2. (ii)

      for a subsequent offence—a fine of not less than $1 900 and not more than $2 900.

2. (b)

   in any other case—$500.

37Amendment of section 47IA – Certain offenders to attend lectures

Section 47IA(2), penalty provision—delete "$100" and substitute:

$250.

38Amendment of section 79B – Provisions applying where certain offences are detected by photographic detection devices

Section 79B(2), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

1. (a)

   if the vehicle appears to have been involved in a red light offence and a speeding offence arising out of the same incident—

   1. (i)

      where the owner is a body corporate—$5 000;

   2. (ii)

      where the owner is a natural person—$4 000.

2. (b)

   in any other case—

   1. (i)

      where the owner is a body corporate—$4 000;

   2. (ii)

      where the owner is a natural person—$3 000.

39Amendment of section 110AA – Fatigue

Section 110AA(3)(f)—delete "$750" and substitute:

$1 250

40Amendment of section 110AB – Speed

Section 110AB(3)(c)—delete "$750" and substitute:

$1 250

41Amendment of section 110AC – Intelligent Access Program

Section 110AC(3)(d)—delete "$750" and substitute:

$1 250

42Amendment of section 176 – Regulations and rules

1. (1)

   Section 176(1a)(i)—delete "$2 500" and substitute:

   $5 000

2. (2)

   Section 176(1a)(j) and (2a)(b)—delete "$750" wherever occurring and substitute in each case:

   $1 250