Traffic (Road Safety) Amendment Act 1989 (NSW)
TRAFFIC (ROAD SAFETY) AMENDMENT ACT 1989 No. 153
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
Amendment of Traffic Act 1909 No. 5
4. Amendment of Motor Vehicles Taxation Act 1988 No. I l l , sec 17 (Exemptions granted by Minister)
SCHEDULE 1 - AMENDMENT OF TRAFHC ACT 1909
TRAFFIC (ROAD SAFETY) AMENDMENT ACT 1989 No. 153
NEW SOUTH WALES
Act No. 153, 1989
An Act to amend the Traffic Act 1909 with respect to offences and penalties; to provide for the momtoring of heavy motor vehicles and
Taxation Act 1988; and for other purposes. [Assented to 8 December vehicles carrying dangerous goods; to amend the Motor Vehicles 1989]
Act No. 153
Traffic (Road Safcty) Amendment 1989
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Traffic (Road Safety) Amendment
Act 1989.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Traffic Act 1909 No. 5
3. The Traffic Act 1909 is amended as set out in Schedule 1.
Amendment of Motor Vehicles Taxation Act 1988 No. I l l , sec 17
(Exemptions granted by Minister)
4. The Motor Vehicles Taxation Act 1988 is amended by inserting
at the end of section 17 (1) (n) the following matter
; or
| (o) | any motor vehicle of a type or description approved by the Minister for the purposes of this paragraph that is fitted with a monitoring device of a type or description so approved. |
SCHEDULE 1 - AMENDMENT OF TRAFFIC ACT 1909
(Sec. 3)
(1) Section 2 (Definitions):
In section 2 (1), insert in alphabetical order the following
definitions: "Coach" means a motor vehicle which is:
(a) constructed principally to carry persons; and
(b)
equipped to seat more than 8 adult persons; and
(c)
used to convey passengers for hire or reward or in the course of trade or business.
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"Heavy motor vehicle" means:
(a)
a motor vehicle that has a manufacturer's gross vehicle mass exceeding 13.9 tonnes (being the maximum laden mass at which the manufacturer recommends the vehicle be operated); or
(b)
a motor vehicle and trailer combination that has a manufacturer's gross combination mass exceeding 13.9 tonnes (being the maximum laden mass at which the manufacturer recommends the combination be operated).
(2) Section 3 (Regulations):
(a) Section 3 (1) (r):
Omit the paragraph, insert instead:
(r)
impose a penalty not exceeding 20 penalty units for a contravention of any regulation or any provision of or condition attached to any licence, exemption or permit granted under the regulations;
(b) Section 3 (1) (tl) (iv): At the end of the subparagraph, insert "and". (c) Section 3 (1) (tl) (v):
Omit "documents, the installation and operation of monitoring devices in motor vehicles and the inspection of those records, documents or monitoring devices by any member of the police force or any other specified person; and ", insert instead "documents.".
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(d) Omit section 3 (1) (tl) (vi) and (1C).
(3) Section 4A (Speed limits):
(a) Section 4A (1 A):
After section 4A (1), insert(1 A) A person who on any length of public street drives a motor vehicle at a speed which exceeds, by more than 45 kilometres per hour, the speed limit applicable to that length of public street is guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units and, in addition:
(a)
the person is disqualified by a conviction for the offence (and without any specific order) for 3 months from holding a driver's licence; or
(b)
where the court on the conviction thinks fit to order a longer period of disqualification, the person is disqualified for the period specified in the order.
(b) Section 4A (2), (7), (8): "this section".
(c) Section 4A (2A):
After section 4A (2), insert
(2A) If, on a prosecution of a person for an offence under subsection (1 A), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that it was exceeded by more than 45 kilometres per hour, the court may convict the person of an offence under subsection (1).
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(4) Section 4E (Prescribed concentration of alcohol in person's
blood):
(a) Section 4E (1):
Omit the definition of "driver's licence", insert instead:"driver's licence" does not (except in subsection (IB))
include a provisional licence or a learner's licence
issued under the regulations;
(b) Section 4E (IB):
After section 4E (1A), insert(IB) For the purposes of this section, a person is a
special category driver in respect of a motor vehicle:
(a) if the person:
(i) is the holder of a learner's licence; or (ii)
is the holder of a first-year provisional licence,
for motor vehicles of a class that includes that
motor vehicle; or(b)
if the person is not the holder of a licence which authorises the person to drive that motor vehicle because:
(i)
the person's driver's licence is suspended or has been cancelled; or
(ii) the person has been disqualified from holding or obtaining a driver's licence; or (iii) the person's application for a driver's licence has been refused; or (iv) the person (never having had authority to drive the vehicle in New South Wales by virtue of being the holder of a licence or permit issued in a place outside New South Wales) has never obtained a driver's licence; or
(c)
if the person has no authority to drive that motor vehicle in New South Wales because:
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(i) the person is not the holder of a driver's licence; and
(ii) an authority which the person had to drive the vehicle in New South Wales by virtue of being the holder of a licence or permit issued in a place outside New South Wales is suspended or has been cancelled.
(c) Section 4E (ID), (1JA) (a): motor vehicle or of a first-year provisional licence" wherever occurring, insert instead "a special category driver".
(d) Section 4E (IE):
At the end of section 4E (IE) (b), insert; or
(bl)
being the holder of a driver's licence, occupies the seat in a motor vehicle next to a holder of a learner's licence who is driving the vehicle,
(e) Section 4E (IF):
At the end of section 4E (IF) (b), insert; or
(bl)
being the holder of a driver's licence, occupies the seat in a motor vehicle next to a holder of a
learner's licence who is driving the vehicle,
(f) Section 4E (1G):
At the end of section 4E (1G) (b), insert; or
(bl)
being the holder of a driver's licence, occupies the seat in a motor vehicle next to a holder of a learner's licence who is driving the vehicle,
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(g) Section 4E (II), (U), (IK) (a), (b): (b )o r (b l ) " .
(h) Omit section 4E (IL).
(i) Section 4E (2A):
At the end of section 4E (2A) (b), insert; or
(c)
being the holder of a driver's licence, is or was occupying the seat in a motor vehicle next to a holder of a learner's licence while the holder of the learner's licence is or was driving the vehicle upon a public street,
(j) Omit section 4E (2AA).
(k) Section 4E (3) (a): (2A)".
(1) Section 4E (3) (a) (i):
Omit "the holder of a learner's licence or of a first-year provisional licence", insert instead "a special category driver in respect of the motor vehicle concerned".
(m) Section 4E (3) (b), (5).(c), (6):
Omit "a preceding subsection of this section" wherever occurring, insert instead "subsection (2A)".
(n) Section 4E (7) (b), (11), (15): instead "(2A) (a), (b) or (c)".
(o) Section 4E (11), (12) (a): (IG)".
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(p) Section 4E (11) (a):
Omit "or (IL)".(q) Section 4E (13) (a):
Omit", (IL)".
| (5) | Section 4G (Analysis of samples of blood): |
|
Section 4G (8) - (11): (IG)".
(b) Section 4G (8): (a), (b) or (c)".
(c) Section 4G (8) (a):
Omit "or (IL)".
(6) Section 5 (Offences): Section 5 (2) (c): After "driver's licence", insert "(other than a provisional
licence or a learner's licence issued under the regulations)".
| (7) | Section 10 (Court may impose penalty and disqualify driver on | |||
| ||||
|
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(8) Section 10A (Disqualification for certain major offences):
Section 10A(1) (b) (ii):
Omit the subparagraph, insert instead:(ii) an offence under section 4AA, section 4E (ID), (IE) (a) or (b), (IF) (a) or (b), (IG) (a) or (b) or (7), section 4F (7), section 5 (2) (a) or (b), section 5AC (2) or section 8 (2); or
(9) Section 10AA (Effect of disqualification):
At the end of section 10AA (1) (b), insert
; and
(c)
no licence may be obtained by the person during the period of disqualification.
(10) Section 10B (Suspension of licence by Commissioner of
Police):
Omit section 10B (4).
(11) Sections 10C-10E-
After section 10B, insert
Immediate suspension of licence in certain circumstances
IOC. (1) If a person is charged by a member of the Police section 4F (7), the same or another member of the Police
Force with an offence under section 4E (IG) or (7) or
Force may, at anytime within 48 hours after the person has been charged, give the person a notice, in a form approved by the Authority:
(a)
informing the person that every licence held by the person is suspended:
(i) on and from a date specified in the notice; or (ii)
if the notice so specifies - immediately on receipt of the notice,
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until the charge is heard and determined by a court (or until the charge is withdrawn, if that should happen); and
(b) informing the person of the right of appeal conferred by section 10E; and (c) requiring the person:
(i) to surrender every such licence, on or before a date specified in the notice, to a member of the Police Force; or (ii) if the notice so specifies - to surrender every such licence in the person's possession immediately to the member of the Police Force who gave the person the notice. (2) Any licences held by a person to whom a notice under this section is given are suspended, in accordance with the terms of the notice, until the charge is heard and determined by a court or withdrawn.
(3) Particulars of each notice given under this section are to be forwarded to the Authority immediately after the notice is given.
(4) A person who is given a notice under this section and who does not surrender his or her licences in compliance with the notice is guilty of an offence.
(5) If on the determination of the charge by a court the person is disqualified from holding or obtaining a licence
for a specified time:
(a)
the court must take into account the period of suspension under this section when deciding whether to make any order under section 10A; and
(b)
to the extent (if any) that the court so orders, a suspension under this section may be regarded as satisfying all or part of any mandatory minimum period of disqualification required by that section to be imposed when the charge is proved.
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(6) For the purposes of this section:
(a)
a person is charged with an offence when particulars of the offence are notified in writing to the person by a member of the Police Force; and
(b)
a charge is withdrawn when the person charged is notified in writing of that fact by a member of the Police Force or when it is withdrawn before the court; and
(c)
a charge is determined by a court when the offence is proved or the information is dismissed.
Suspension of driving privileges of visiting driver
10D. (1) Ifi
(a) a person is charged by a member of the Police Force with an offence under section 4E (1G) or (7) or section 4F (7); and (b) the person is not the holder of a licence but, being the holder of a licence or permit issued in a place outside New South Wales, has the benefit of any provision of the regulations conferring on the person authority to drive in New South Wales,
the same or another member of the Police Force may, at any time within 48 hours after the person has been charged, give the person a notice, in a form approved by the Authority, informing the person:
(c) that his or her authority to drive in New South Wales is suspended:
(i) on and from a date specified in the notice; or (ii)
if the notice so specifies - immediately on receipt of the notice,
until the charge is heard and determined by a court
or is withdrawn (if that should happen); and(d) of the right of appeal conferred by section 10E
(2) Any authority of a person to whom a notice under
this section is given to drive in New South Wales is suspended, in accordance with the terms of the notice, until
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the charge is heard and determined by a court or
withdrawn.(3) Particulars of each notice given under this section are to be forwarded to the Authority immediately after the notice is given.
(4) For the purposes of this section:
(a)
a person is charged with an offence when particulars of the offence are notified in writing to the person by a member of the Police Force; and
(b)
a charge is withdrawn when the person charged is notified in writing of that fact by a member of the Police Force or when it is withdrawn before the court; and
(c)
a charge is determined by a court when the offence is proved or the information is dismissed.
Appeal against suspension of licence
10E (1) A person whose licence is suspended under section IOC, or whose authority to drive in New South Wales is suspended under section 10D, may, at any time before the charge that occasioned the suspension has been heard and determined by a court or withdrawn, appeal against the suspension to a Local Court constituted by a Magistrate.
(2) The suspension is not stayed by lodgment of an appeal under this section.
(3) The court
(a)
is not to uphold the appeal unless it is satisfied that there are exceptional circumstances justifying a lifting of the suspension; and
(b)
is not, for the purposes of this subsection, to take into account the circumstances of the offence.
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(12) Part 3 A- Before Part 4, insert
PART 3A - MONITORING OF HEAVY VEHICLES
AND VEHICLES CARRYING DANGEROUS LOADSDefinitions
10F. (1) In this Part
"approved" means approved by the Authority,
"automatic data", in relation to a journey made by amotor vehicle, means recordings (made by mechanical or electronic means, or by both of those means, in an approved form, and to an approved degree of accuracy) of:
(a)
the lengths of time for which the vehicle is driven, and for which it is standing, during the journey, and
(b)
the speeds at which the vehicle is driven (measured continuously or at approved intervals) during the journey, and
(c)
the distance travelled during each period when the vehicle is driven during the journey,
being recordings made by a monitoring device;
"manual data", in relation to a journey made by a
motor vehicle, means recordings made by hand of: (a)
the date, time and place of commencement, and of completion, of the journey, and
(b)
the times at which the vehicle is driven, and at which it is standing, during the journey, and
(c)
the name of each driver, and the times at which each driver was in charge of the vehicle, during the journey, and
(d) the registration number of the vehicle; and
(e)
the name of each person making each of the abovementioned recordings;
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"monitoring device" means a device which, when fitted to a motor vehicle, is capable of producing automatic data for a journey made by the vehicle;
"owner", in relation to a motor vehicle, includes:
(a)
every person who is the owner or a joint owner or part owner of the vehicle and any person who has the use of the vehicle under a lease or hire-purchase agreement (but not the lessor while the vehicle is being leased under any such agreement); and
(b)
the person in whose name the vehicle is registered (except as provided by paragraph (c)); and
(c)
if the vehicle has been sold or otherwise disposed of by a previous registered owner who has complied with the provisions of the regulations applicable to him or her regarding the sale or disposal - the person to whom it was sold or otherwise disposed of;
"prescribed officer" means a person
(a) who is employed:
(i) by the Authority, or (ii)
as an inspector under the Dangerous Goods Act 1975; or
(iii) in some other capacity prescribed by the regulations; and
(b)
who is authorised for the purposes of this Part by the regulations;
"vehicle movement record", in relation to a journey
made by a vehicle, means a record, in durable and
graphic form, consisting of:
(a) manual data for the journey, and
(b) either
(i)
corresponding automatic data for the journey produced by a monitoring
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device, except where subparagraph (ii)
applies; or(ii) where the automatic data is stored electronically in a monitoring device - a graphic representation, produced by an approved method, of that data.
(2) The regulations may prescribe the manner in which the Authority may signify any approval for the purposes of this Part
Application of this Part
10G. (1) This Part applies to:
(a) any motor vehicle (being a coach or heavy motor vehicle) of a class or description prescribed by the regulations, except in such circumstances as may be so prescribed; and (b) any motor vehicle which, because it carries dangerous goods within the meaning of the Dangerous Goods Act 1975, is required by the regulations under that Act, or under any code prescribed by regulations under this Act, to have a sign exhibited on it
(2) This Part applies to vehicles, drivers and owners whether or not
(a) the vehicles are registered in New South Wales; or
(b) the drivers hold licences issued in New South Wales; or (c) the owners ordinarily reside (or, being corporations, are incorporated or have their principal places of business) in New South Wales. Vehicles to be fitted with monitoring devices in working order
10H. (1) A motor vehicle to which this Part applies is not to be used on any journey made wholly or partly on a public street or public streets in New South Wales, unless:
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(a) a monitoring device is fitted to the vehicle; and
(b) the device is producing automatic data for the journey. (2) If a vehicle is used in contravention of this section, the owner of the vehicle is guilty of an offence.
Maximum penalty: 50 penalty units.
Vehicle movement record to be preserved
101. (1) A vehicle movement record relating to each journey commenced, on or after the commencement of this section, by a vehicle to which this Part applies is to be preserved for a period of at least 12 months after the date of commencement of the journey.
(2) If this section is not complied with, the owner of the vehicle is guilty of an offence.
Maximum penalty: 50 penalty units.
Vehicle movement record to be carried by driver
10J. (1) A motor vehicle to which this Part applies must not be used for any journey made wholly or partly on a public street or public streets unless a duly completed vehicle movement record is carried, in accordance with this section, by the driver of the vehicle at all times while the vehicle is in the State during the journey.
relate to any journey or part of a journey made by the (2) The record that must be carried on any day is to vehicle, whether in or outside New South Wales, during the period of 14 days immediately preceding that day. (3) If a vehicle is used in contravention of this section, the owner and the driver of the vehicle are each guilty of an offence and are each liable to a penalty not exceeding 50 penalty units.
(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court
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(a) that the monitoring device fitted to the vehicle was of a type that stores automatic data electronically, and (b) that the compilation of the vehicle movement record required to be carried by the driver on the date of the alleged offence would have required the production of a graphic representation of data which, on that date, were stored in the monitoring device; and (c) that, in the circumstances of the case, the required record could not reasonably be expected to have been compiled by that date. (5) Nothing in this section requires the carriage of a vehicle movement record relating to the use, before the commencement of this section, of any vehicle.
Inspection of monitoring devices and records carried on vehicles
10K. (1) A member of the Police Force may inspect any motor vehicle to which this Part applies in order to ascertain:
(a)
whether a monitoring device is fitted to the vehicle; and
(b)
whether any device so fitted appears to be operating correctly.
(2) For the purposes of an inspection under subsection (1), a member of the Police Force may require the driver to operate the vehicle and to co-operate in any other manner reasonably necessary to facilitate the inspection.
(3) A prescribed officer may:
(a)
require the driver of a motor vehicle to which this Part applies to produce for inspection:
(i)
his or her licence to drive the vehicle (whether issued in New South Wales or elsewhere); and
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(ii) any record required by this Part or the regulations to be carried by the driver of the vehicle during the journey, and
(iii) any record carried by the driver in connection with the business to which the journey relates; and
(b)
make copies of, or take extracts from, any such record; and
(c)
make reasonable inquiries of the driver concerning any entries in any such record that are made by the driver.
(4) For the purposes of this section:
(a) a member of the Police Force wearing the uniform of the Force; or (b) a prescribed officer identifying himself or herself in the manner required by the regulations, may by any reasonably clear signal require the driver of any vehicle to which this Part applies to stop and park the vehicle.
(5) A member of the Police Force or a prescribed officer may require a vehicle and its driver to stay for such time as is reasonably necessary for the exercise of a power conferred on the member or officer by this sectioa
(6) A person must not (a)
obstruct or hinder a member of the Police Force or a prescribed officer in the exercise of a power conferred by this section; or
(b)
fail to comply with a requirement made under this sectioa
Maximum penalty: 50 penalty units.
Seizure of monitoring devices and records
10L. (1) A member of the Police Force may disconnect
and take and retain possession of a monitoring device thatTraffic (Road Safety) Amendment 1989
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is fitted to a motor vehicle to which this Part applies,
together with any automatic data stored in the device:
(a) if the vehicle has been involved in an accident in which any person was killed; or (b) if the member of the Police Force reasonably believes that the monitoring device or any part of its mechanism has been improperly interfered with; or (c) if the member of the Police Force reasonably believes that the driver has committed a major offence involving the vehicle during the journey then being undertaken by the vehicle.
(2) A member of the Police Force or a prescribed officer may take and retain possession of any record carried, pursuant to a requirement of this Part or the regulations, by the driver of a motor vehicle to which this Part applies if the member or officer reasonably believes:
(a) that false entries have been made in the record; or
(b)
that the record is unlawfully in the possession of the driver, or
(c)
that the record does not relate to the vehicle concerned.
(3) A member of the Police Force or a prescribed officer
may take and retain possession of any document which thedriver of a motor vehicle to which this Part applies
represents to be a record required by this Part or the regulations to be carried by the driver but which the member or officer reasonably believes is not such a record. (4) A person must not obstruct or hinder a member of the Police Force or a prescribed officer in the exercise of a power conferred by this section.
Maximum penalty. 50 penalty units.
Production of records by vehicle owners
10M. (1) The Authority, by notice in writing served on
any owner of a vehicle to which this Part applies, may
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require the owner to produce vehicle movement records to
the Authority.
(2) The notice may require the production of:
(a)
all vehicle movement records relating to journeys undertaken in the vehicle during the 12 months preceding the date of service of the notice; or
(b) such of those records as the notice specifies.
(3) The notice is not complied with if the records are not
produced at a place, and within a time, specified by the
notice.(4) The owner of a vehicle must comply with a notice under this sectioa
Maximum penalty: 50 penalty units.
(5) Vehicle movement records produced to theAuthority, whether in compliance with a notice under this section or otherwise, may be retained by the Authority for analysis, and while they are so retained, the owner of the vehicle is exempted from the requirements of any further notice under this section in relation to them.
(6) A notice under this section does not require the production of a vehicle movement record being carried by the driver of a vehicle in accordance with a requirement of this Part
Tampering with monitoring devices or vehicle movement records ION. (1) A person must not adjust any part of the mechanism of a monitoring device, fitted to a vehicle to which this Part applies, in such a manner that the accuracy of a vehicle movement record for the vehicle will be reduced.
Maximum penalty: 50 penalty units.
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(2) A person must not make any false entry in, or otherwise falsify, a vehicle movement record.
Maximum penalty 50 penalty units.
(3) Without limiting any power conferred on theAuthority by or under this Act, the Authority may cancel the licence or licences of a person who commits an offence under this section.
Exemptions
10O. (1) The Authority may, in accordance with the regulations, exempt any person or vehicle or any class of persons or vehicles from the operation of all or any of the provisions of this Part
(2) An exemption:
(a) may be absolute or subject to conditions; and
(b)
if subject to conditions, has effect only while the conditions are observed.
Evidence of vehicle movement record
10P. (1) A vehicle movement record is not admissible in evidence in any criminal proceedings unless:
(a) the proceedings are proceedings for
(i) an offence under section ION; or (ii) aiding, abetting, counselling or procuring the commission of an offence under that section; or (iii) a major offence; or
(b) the record is adduced by the defendant
(2) Nothing in this section affects the admissibility in any
civil proceedings of a vehicle movement record.
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| (13) | Section 11 AB (Suspension or cancellation of drivers' licences by the Authority): |
Omit section 11AB (3), insert instead:
(3) Without limiting any power of the Authority under subsection (1), a licence may be cancelled or suspended by the Authority because of an alleged speeding offence if, in respect of the alleged offence:
(a) the licensee has paid a penalty prescribed for the purposes of section 18B; or (b) an order has been made under section 100L of the Justices Act 1902 against the licensee. (4) In subsection (3), "speeding offence" means an offence:
(a) that involves exceeding a speed limit (within the meaning of section 4A); and (b) that is prescribed for the purposes of that subsection. (5) If a person's licence is cancelled by the Authority under this section, the Authority may refuse to issue the person with any further licence for a period determined by the Authority and specified in a notice served on the person under section 21 in respect of the cancellatioa
(6) Nothing in this section limits any discretion of the Authority to decline to issue a licence to a person.
(14) Section 11 AC:
Omit the section, insert instead:
Effect of suspension of licence
11 AC. (1) A licence that is suspended has no legal effect during the period of suspension.(2) During the period of suspension:
(a)
a person whose licence is suspended is to be taken, for the purposes of any Act or any instrument made
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under an Act, to be a person who does not hold a
licence; and
(b)
the person is precluded from obtaining any further licence (otherwise than by renewal of the suspended licence at the end of its term).
(3) The Authority may renew a driver's licence:
(a)
which the Authority has decided to suspend, whether or not the period of suspension has commenced; or
(b) which has been otherwise suspended,
but renewal of the licence does not affect the period of
suspensioa
(15) Section 11AE After section HAD, insert
Downgrading of licences
11AE (1) If a licence is cancelled:
(a)
by the operation of this Act as a result of the imposition on the licensee of a period of disqualification from holding a licence; or
(b) by the Authority under section 11AB:
(i) because of the licensee's driving record of offences or alleged offences; or (ii) because of an alleged speeding offence referred to in section 11AB (3),
the Authority may, if the offence or offences (or alleged offence or offences) that gave rise to the cancellation arose wholly or mainly out of the use of a motor vehicle of a class prescribed for the purposes of this section, issue the former licensee with another licence (being one that does not authorise the driving of motor vehicles of that class) in substitution for the cancelled licence.
(2) The regulations may make provision with respect to
the exercise by the Authority of its power under this
ink 23
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Traffic (Road Safety) Amendment 1989
SCHEDULE 1 - AMENDMENT OF TRAFFIC ACT
1909 - continued
section, and that power is to be exercised in conformity
with any such provision.
(3) Nothing in this section:
(a)
limits any discretion of the Authority to decline to issue a licence to a person; or
(b)
permits the issue of any licence to a person who for the time being is disqualified from holding one.
| (16) | Section 18B (Penalty notices for certain offences): |
After section 18B (4), insert
(4A) Subsection (4) does not affect any power of the Authority under section 11AB or 11AE
(17) Section 22 (Appeals):
After section 22 (6), insert
(6A) If in any proceedings concerning a decision of the Authority about a licence it appears to the Court that
(a)
the licence is affected by another decision of the Authority as well as the one under review in those proceedings; and
(b)
the appellant has commenced or intends to commence appeal proceedings under this section in respect of that other decision,
the Court may adjourn the proceedings pending hearing of that other appeal or so that both appeals may be heard together.
[Minister's second reading speech made in -
Legislative Assembly on 21 November 1989 Legislative Council on 30 November 1989]
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