Traffic (Amendment) Act 1992 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Traffic (Amendment) Act 1992

No. 20 of 1992

An Act to amend the Traffic Act 1937

[Notified in ACT Gazette S62: 2 June 1992]

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

Short title

1.  This Act may be cited as the Traffic (Amendment) Act 1992.

Commencement

2.  (1)  Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

(2)  The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.

(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

Principal Act

3.  In this Act, “Principal Act” means the Traffic Act 1937.1

Interpretation

4.  Section 4 of the Principal Act is amended—

(a)by inserting the following definition:

“ ‘approved helmet’ means a protective helmet of a type—

(a)approved under section 6; or

(b)which complies with Australian Standard 2063.2;”;

(b)by omitting the definitions of “inspector”, “motor vehicle”, “officer”, “off-street parking area”, “pedestrian”, “pedestrian crossing”, “public street”, “road marking”, “the Registrar”, “traffic sign” and “wheelchair”; and

(c)by adding at the end the following subsection:

“(2)  In this Act, a reference to an inspector, a motor vehicle, an officer, an off-street parking area, a pedestrian, a pedestrian crossing, a public street, a road marking, the Registrar, a traffic sign or a wheelchair shall be construed as having the same meaning that the word or phrase has in the Motor Traffic Act 1936.”.

Insertion

5.  After section 5 of the Principal Act the following sections are inserted:

Registrar’s approval

“6.  (1)  The Registrar may, of his or her own motion, by notice in writing published in the Gazette, approve a type of protective helmet.

“(2)  On receiving an application in writing from a manufacturer or importer of protective helmets, the Registrar may, by notice in writing published in the Gazette, approve a type of protective helmet manufactured or imported by the applicant.

Notice of decision

“6A.  (1)  Where the Registrar makes a decision refusing to approve a type of protective helmet under subsection 6 (2) he or she shall, within 28 days, give notice in writing of the decision to the applicant.

“(2)  A notice under subsection (2) shall—

(a)include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989, an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and

(b)except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.

“(3)  The validity of a decision under subsection 6 (2) shall not be taken to have been affected by a failure to comply with subsection (2).

Review by Tribunal

“6B.  Application may be made to the Administrative Appeals Tribunal for a review of a decision under subsection 6A (1).

Compulsory bicycle helmets

“6C.  (1)  A person shall not, without reasonable excuse, ride a bicycle on a public street or in a public place unless he or she is wearing an approved helmet appropriately adjusted on the head.

“(2)  A person riding a bicycle on a public street or in a public place shall not, without reasonable excuse, carry as a passenger a person who has not attained the age of 14 years unless that other person is wearing an approved helmet appropriately adjusted on the head.

“(3)  A person who has attained the age of 14 years shall not, without reasonable excuse, travel as a passenger on a bicycle on a public street or in a public place unless he or she is wearing an approved helmet appropriately adjusted on the head.

“(4)  Subsection (1) does not apply to a person who does not normally reside in Australia and who is in Australia principally to compete in a bicycle race, rally, test, trial or similar event.

Traffic infringement notices

“6D.  (1)  Where a police officer has reason to believe that—

(a)a person has committed an offence under section 6C; and

(b)the person is 18 years of age or over;

section 180A of the Motor Traffic Act 1936 applies in relation to that offence as if it were a prescribed offence for the purposes of that section and as if the prescribed penalty within the meaning of that section in relation to that offence were $35.”.

Repeal

6.  The Traffic (Amendment) Act 1987  is repealed.

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NOTE

1. Ordinance No. 32, 1937 as amended by No. 3, 1944; No. 2, 1955; No. 12, 1960; No. 9, 1964; No. 19, 1966; No. 39, 1974; No. 64, 1977; No. 65, 1977 (as amended by No. 46, 1978); No. 3, 1978; No. 9, 1981; No. 12, 1982; Nos. 2 and 43, 1984; No. 74, 1986; No. 19, 1987; No. 68, 1988; Nos. 21 and 38, 1989; Acts Nos. 22 and 23, 1989.

[Presentation speech made in Assembly on  9 April 1992]

© Australian Capital Territory 1992