Untitled document
Road Legislation Amendment Act 2016
No. 5 of 2016
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments relating to the certification of analyses performed in an approved laboratory
Division 1—Road Safety Act 1986
3Evidentiary provisions—blood tests
4Evidentiary provisions—urine tests
5Evidentiary provisions—oral fluid tests
Division 2—Marine (Drug, Alcohol and Pollution Control) Act 1988
6Evidentiary provisions—blood tests
7Evidentiary provisions—urine tests
8Evidentiary provisions—oral fluid tests
9Approved analysts and approved experts
Division 3—Rail Safety (Local Operations) Act 2006
10Evidentiary provisions—blood tests
11Evidentiary provisions—oral fluid samples
Division 4—Dangerous Goods Act 1985
12Analyst's certificates
Part 3—Amendment of Road Management Act 2004
13Power to fix boundary of road
14Matters which may be considered to constitute contributory negligence
15Indexation provision
Part 4—Other amendments to Road Safety Act 1986
16Definitions
17Suspension or cancellation of vehicle tester authorisations
18Purposes of licensing
19Obligations of road users
20Offence if driver not licensed
21Driver licences
22Probationary driver licences
23New section 23 inserted
24Appeal to Magistrates' Court
25Power of Corporation to require tests to be undergone
26Power of court to cancel, suspend or vary licences and permits
27Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
28Administrative scheme for removal of alcohol interlock condition
29Duty of owner of motor vehicle to give information about driver
30Duty of driver etc. of motor vehicle if accident occurs
31Powers of persons authorised by Victoria Police
32Notice to be given of intention to deem motor vehicle abandoned
33Authorised use or disclosure
34Service of notices
35Amendment to Schedule 2
36References to driver licences and learner permits
37References to tests and assessments
38Statute law revision
Part 5—Repeal of amending Act
39Amending Act repealed
Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits
Schedule 2—Amendment of Road Safety Act 1986—references to tests and assessments
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Endnotes
1 General information
Road Legislation Amendment Act 2016
No. 5 of 2016
[Assented to 16 February 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Road Safety Act 1986, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Rail Safety (Local Operations) Act 2006 and the Dangerous Goods Act 1985 to permit an approved analyst to certify the result of an analysis conducted in an approved laboratory rather than limit the certification to an analysis conducted by the approved analyst; and
(b)to amend the Road Management Act 2004 to improve the process for adjusting the threshold amount in respect of liability for property damage caused by the condition of a road or infrastructure and to make other minor amendments; and
(c)to amend the Road Safety Act 1986 to make various amendments relating to the licensing of drivers.
2Commencement
(1)This Part, sections 13, 27 and 38 and Part 5 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 1 July 2016, it comes into operation on that day.
Part 2—Amendments relating to the certification of analyses performed in an approved laboratory
Division 1—Road Safety Act 1986
3Evidentiary provisions—blood tests
(1)In section 57(1) of the Road Safety Act 1986—
(a)after paragraph (a)(i) insert—
"(ia)a person who carries out an analysis in an approved laboratory; or";
(b) in paragraph (c), for "section." substitute "section; and";
(c)after paragraph (c) insert—
"(d)approved laboratory means a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section.".
(2)For section 57(4) and (4A) of the Road Safety Act 1986 substitute—
"(4)A certificate, containing the prescribed particulars, as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of blood was analysed in an approved laboratory—
is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.
(4A)A certificate, containing the prescribed particulars, as to the presence in any sample of blood of a substance that is, or is capable of being, a drug for the purposes of this Act—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of blood was analysed in an approved laboratory—
is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
4Evidentiary provisions—urine tests
(1)In section 57A(1) of the Road Safety Act 1986—
(a)in the definition of properly qualified analyst, after paragraph (a) insert—
"(ab)a person who carries out an analysis in an approved laboratory; or";
(b)insert the following definition—
"approved laboratory means a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section;".
(2)For section 57A(4) of the Road Safety Act 1986 substitute—
"(4)A certificate, containing the prescribed particulars, as to the presence in any sample of urine of a substance that is, or is capable of being, a drug for the purposes of this Act—
(a)purporting to be signed by an approved analyst; and
(b)stating that the urine sample was analysed in an approved laboratory—
is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
5Evidentiary provisions—oral fluid tests
(1)In section 57B(1) of the Road Safety Act 1986—
(a)in the definition of properly qualified analyst, after paragraph (a) insert—
"(ab)a person who carries out an analysis in an approved laboratory; or";
(b)insert the following definition—
"approved laboratory means a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section;".
(2)For section 57B(4) of the Road Safety Act 1986 substitute—
"(4)A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is a prescribed illicit drug—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of oral fluid was analysed in an approved laboratory—
is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
Division 2—Marine (Drug, Alcohol and Pollution Control) Act 1988
6Evidentiary provisions—blood tests
(1)For section 32(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute—
"(1)In this section—
approved analyst means an approved analyst within the meaning of section 57 of the Road Safety Act 1986;
approved laboratory means an approved laboratory within the meaning of section 57 of the Road Safety Act 1986;
properly qualified analyst means—
(a)an approved analyst; or
(b)a person who conducts an analysis in an approved laboratory; or
(c)a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to carry out the analysis and to express the opinion to which this section relates.".
(2)For section 32(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute—
"(4)A certificate in the prescribed form as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of blood was analysed in an approved laboratory—
is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
7Evidentiary provisions—urine tests
(1)In section 32A(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(a)for the definition of approved analyst substitute—
"approved analyst means an approved analyst within the meaning of section 57A of the Road Safety Act 1986;";
(b)in the definition of properly qualified analyst, after paragraph (a) insert—
"(ab)a person who carries out an analysis in an approved laboratory; or";
(c)insert the following definition—
"approved laboratory means an approved laboratory within the meaning of section 57A of the Road Safety Act 1986;".
(2)For section 32A(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute—
"(4)A certificate, containing the prescribed particulars, as to the presence in any sample of urine of a substance that is, or is capable of being, a drug for the purposes of this Act—
(a)purporting to be signed by an approved analyst; and
(b)stating that the urine sample was analysed in an approved laboratory—
is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
8Evidentiary provisions—oral fluid tests
(1)In section 32B(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(a)for the definition of approved analyst substitute—
"approved analyst means an approved analyst within the meaning of section 57B of the Road Safety Act 1986;";
(b)in the definition of properly qualified analyst, after paragraph (a) insert—
"(ab)a person who carries out an analysis in an approved laboratory; or";
(c)insert the following definition—
"approved laboratory means an approved laboratory within the meaning of section 57B of the Road Safety Act 1986;".
(2)For section 32B(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute—
"(4)A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is a prescribed illicit drug—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of oral fluid was analysed in an approved laboratory—
is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
9Approved analysts and approved experts
(1)In the heading to section 32C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, omit "analysts and approved".
(2)Section 32C(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 is repealed.
Division 3—Rail Safety (Local Operations) Act 2006
10Evidentiary provisions—blood tests
(1)In section 86I(1) of the Rail Safety (Local Operations) Act 2006—
(a)in the definition of properly qualified analyst, after paragraph (a) insert—
"(ab)a person who carries out an analysis in an approved laboratory; or";
(b)insert the following definition—
"approved laboratory means an approved laboratory within the meaning of section 57 of the Road Safety Act 1986;".
(2)For sections 86I(6) and (7) of the Rail Safety (Local Operations) Act 2006 substitute—
"(6)A certificate, containing the prescribed particulars, as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of blood was analysed in an approved laboratory—
is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.
(7)A certificate, containing the prescribed particulars, as to the presence in any sample of blood of a substance that is, or is capable of being, a prescribed drug for the purposes of this Part—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of blood was analysed in an approved laboratory—
is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
11Evidentiary provisions—oral fluid samples
(1)In section 86J(1) of the Rail Safety (Local Operations) Act 2006—
(a)in the definition of properly qualified analyst, after paragraph (a) insert—
"(ab)a person who carries out an analysis in an approved laboratory; or";
(b)insert the following definition—
"approved laboratory means an approved laboratory within the meaning of section 57B of the Road Safety Act 1986;".
(2)For section 86J(6) of the Rail Safety (Local Operations) Act 2006 substitute—
"(6)A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is, or is capable of being, a prescribed drug for the purposes of this Part—
(a)purporting to be signed by an approved analyst; and
(b)stating that the sample of oral fluid was analysed in an approved laboratory—
is admissible in evidence in any proceedings referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".
Division 4—Dangerous Goods Act 1985
12Analyst's certificates
(1)In section 42A(1) of the Dangerous Goods Act 1985, for "made by the approved analyst" substitute "that the approved analyst states was analysed or examined in an approved laboratory".
(2)For section 42A(6) of the Dangerous Goods Act 1985 substitute—
"(6)In this section—
approved analyst means an analyst who is—
(a)operating with the authority of an approved laboratory; or
(b)approved by the Authority;
approved laboratory means a laboratory accredited by the National Association of Testing Authorities.".
Part 3—Amendment of Road Management Act 2004
13Power to fix boundary of road
In section 13(3) and (4) of the Road Management Act 2004, for "Surveyor and Chief Draughtsman in the Office of Titles" substitute "Registrar of Titles".
14Matters which may be considered to constitute contributory negligence
In section 106 of the Road Management Act 2004, for "section 17A(1)" substitute "section 17A(2A)".
15Indexation provision
In section 111(1) of the Road Management Act 2004—
(a)for "last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made" substitute "most recently published by the Australian Bureau of Statistics";
(b)for "B last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made" substitute "B most recently published by the Australian Bureau of Statistics".
Part 4—Other amendments to Road Safety Act 1986
16Definitions
In section 3(1) of the Road Safety Act 1986—
(a)insert the following definition—
"learner permit means a permit granted under Part 3;";
(b)the definition of international driving permit is repealed.
17Suspension or cancellation of vehicle tester authorisations
In section 15A(1A) of the Road Safety Act 1986 omit "until such time that the person demonstrates to the satisfaction of the Corporation that the matters leading to the cancellation of the authorisation have been addressed".
18Purposes of licensing
In section 17(c) of the Road Safety Act 1986, for "unsuited to drive" substitute "unfit to drive".
19Obligations of road users
(1)For section 17A(1) of the Road Safety Act 1986 substitute—
"(1)A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors.".
(2)After section 17A(2) of the Road Safety Act 1986 insert—
"(2A)For the purposes of subsections (1) and (2) and without limiting their generality, the relevant factors include the following—
(a)the physical characteristics of the road;
(b)the prevailing weather conditions;
(c)the level of visibility;
(d)the condition of any vehicle the person is driving or riding on the highway;
(e)the prevailing traffic conditions;
(f)the relevant road laws and advisory signs;
(g)the physical and mental condition of the driver or road user.
Note
The above factors are relevant to section 106 of the Road Management Act 2004 (Matters which may be considered to constitute contributory negligence).".
(3)In section 17A(3) of the Road Safety Act 1986—
(a)in paragraph (a) omit "have regard to the rights of other road users and";
(b)in paragraph (b) omit "have regard to the rights of the community and infrastructure managers in relation to road infrastructure and non-road infrastructure on the road reserve and";
(c)in paragraph (c) omit "have regard to the rights of the community in relation to the road reserve and".
(4)In section 17A(4) of the Road Safety Act 1986 omit "infrastructure manager".
20Offence if driver not licensed
In section 18(2)(a) of the Road Safety Act 1986—
(a)for "or Territory" substitute ", Territory or country";
(b)omit "or an International Driving Permit".
21Driver licences
After section 19(4) of the Road Safety Act 1986 insert—
"(4A)Without limiting any power the Corporation has under the regulations to renew a driver licence and subject to sections 19A and 19B, the Corporation may renew a driver licence held by a person who is 75 years of age or over for a shorter term than the term that usually applies to a person who is less than 75 years of age.".
22Probationary driver licences
Section 21(7) of the Road Safety Act 1986 is repealed.
23New section 23 inserted
After section 22 of the Road Safety Act 1986 insert—
"23 Driver licence and learner permit to remain property of State of Victoria
A driver licence or learner permit issued by the Corporation remains the property of the State.".
24Appeal to Magistrates' Court
In section 26(1)(a) of the Road Safety Act 1986, for "or a permit" substitute ", a learner permit or a learner permit variation".
25Power of Corporation to require tests to be undergone
(1)In section 27(5) of the Road Safety Act 1986, for "or a permit" substitute ", a learner permit or a learner permit variation".
(2)In section 27(6) of the Road Safety Act 1986, in the definition of relevant person—
(a)in paragraph (c), for "licence." substitute "licence; or";
(b)after paragraph (c) insert—
"(d)an applicant for the variation of a learner permit.".
26Power of court to cancel, suspend or vary licences and permits
(1)In section 28(1)(b) of the Road Safety Act 1986, for "driver licence, disqualify him or her from obtaining one" substitute "driver licence or learner permit, disqualify that person from obtaining a driver licence or a learner permit".
(2)In section 28(3A) of the Road Safety Act 1986, after "driver licence" insert "or a learner permit".
(3)In section 28(4) of the Road Safety Act 1986, after "obtaining a driver licence" insert "or a learner permit".
27Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
In section 29(3) of the Road Safety Act 1986, for "section 26AA" substitute "section 46H".
28Administrative scheme for removal of alcohol interlock condition
For section 50AAAB(5) of the Road Safety Act 1986 substitute—
"(5)The Corporation may decide to remove an alcohol interlock condition if it is satisfied that the applicant has met the prescribed alcohol interlock usage data requirements.
(5A)A decision under subsection (5) may be made by the Corporation—
(a)on the basis of the report that accompanied, or is referred to in, the application and any matters that appear in records kept by the Corporation; and
(b)without conducting any hearing or investigation into the matter.".
29Duty of owner of motor vehicle to give information about driver
In section 60(2) of the Road Safety Act 1986, for "driver licence, disqualify him or her from obtaining one" substitute "driver licence or learner permit, disqualify that person from obtaining a driver licence or learner permit".
30Duty of driver etc. of motor vehicle if accident occurs
In section 61(6) of the Road Safety Act 1986, for "driver licence, disqualify him or her from obtaining one" substitute "driver licence or learner permit, disqualify that person from obtaining a driver licence or learner permit".
31Powers of persons authorised by Victoria Police
In section 84J(g) of the Road Safety Act 1986, after "impounded" insert "or immobilised".
32Notice to be given of intention to deem motor vehicle abandoned
In section 84ZQAC(1) of the Road Safety Act 1986—
(a)in paragraph (c), for "vehicle; and" substitute "vehicle.";
(b)paragraph (d) is repealed.
33Authorised use or disclosure
In section 90K(a) of the Road Safety Act 1986—
(a)subparagraph (i)(B) is repealed;
(b)for subparagraph (v) substitute—
"(v)any legal proceeding—
(A)arising out of this Act, the regulations or any other transport legislation; or
(B)that otherwise relates to the performance of a road management function within the meaning of the Road Management Act 2004 or to damage to infrastructure within the meaning of that Act resulting from a road accident—
including anything done for the purposes of commencing any such proceeding or providing a report of any such proceeding; or".
34Service of notices
At the foot of section 93 of Road Safety Act 1986 insert—
"Note
The Electronic Transactions (Victoria) Act 2000 applies to notices served under this Act and the regulations to enable a notice to be served electronically, including by facsimile transmission and email in accordance with that Act.".
35Amendment to Schedule 2
In item 28 of Schedule 2 to the Road Safety Act 1986—
(a)for "driver licence or permit" substitute "driver licence or learner permit";
(b)for "driver licence variation or permit" substitute "driver licence variation, learner permit or learner permit variation".
36References to driver licences and learner permits
On the coming into operation of an item in Schedule 1, the Road Safety Act 1986 is amended as set out in the item.
37References to tests and assessments
On the coming into operation of an item in Schedule 2, the Road Safety Act 1986 is amended as set out in the item.
38Statute law revision
(1)In section 36(1)(a) of the Road Safety Act 1986, for "drive" substitute "driver".
(2)In item 3(e)(i) of Schedule 6 to the Road Safety Act 1986, for "the the" substitute "the".
Part 5—Repeal of amending Act
39Amending Act repealed
This Act is repealed on 1 July 2017.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
Schedule 1—Amendment of Road Safety Act 1986—references to driver licences and learner permits
Section 36
1In section 18(1)(a) and (b), for "permit" substitute "learner permit".
2In section 18A(2), for "permit document" substitute "learner permit document".
3In section 19—
(a)in subsection (1), for "such a licence" substitute "a driver licence";
(b)in subsection (2), for "licence" substitute "driver licence";
(c)in subsection (3), for "A licence" substitute "A driver licence";
(d)in subsection (4), for "licence" substitute "driver licence".
4In section 19A(1) and (2), for "driver licence or permit" substitute "driver licence or learner permit".
5In section 19B, for "permit" substitute "learner permit".
6In section 21—
(a)in subsection (3)(d), for "licence" substitute "driver licence";
(b)in subsection (6), for "a licence" substitute "a driver licence".
7In section 22—
(a)in subsection (1), for "such a permit" substitute "a learner permit";
(b)in subsection (3), for "permit" substitute "learner permit".
8In section 24—
(a)in subsection (1)—
(i)in paragraphs (a), (b), (c) and (d), for "permit" substitute "learner permit";
(ii)in paragraph (ba), for "permit" (where twice occurring) substitute "learner permit";
(b)in subsections (1A) and (1B), for "permit" substitute "learner permit";
(c)in subsection (2)—
(i)in paragraphs (a), (b), (c) and (d), for "permit" substitute "learner permit";
(ii)in paragraph (ba), for "permit" (where twice occurring) substitute "learner permit";
(d)in subsection (3), for "permit" substitute "learner permit".
9In section 26(1)(b), for "permit" (where twice occurring) substitute "learner permit".
10In section 27—
(a)in subsection (1)(c), for "permit" substitute "learner permit";
(b)in subsection (6), in paragraphs (a) and (b) of the definition of relevant person, for "permit" substitute "learner permit".
11In section 28—
(a)in subsection (1)(a) and (b), for "permits" substitute "learner permits";
(b)in subsection (1A), for "licence or permit" substitute "driver licence or learner permit";
(c)in subsection (1B), for "permit" substitute "learner permit";
(d)in subsection (4), for "any driver licence or permit" (where twice occurring) substitute "any driver licence or learner permit";
(e)in subsection (7)—
(i)for "driver licence or permit" substitute "driver licence or learner permit";
(ii)for "whose licence or permit" substitute "whose driver licence or learner permit";
(iii)for "further licence or permit" substitute "further driver licence or learner permit";
(f)in the note at the foot of subsection (7), for "licence or permit" substitute "driver licence or learner permit".
12In section 28A(1)—
(a)for "driver licence or permit" substitute "driver licence or learner permit";
(b)for "whose licence or permit" substitute "whose driver licence or learner permit";
(c)for "further licence or permit" substitute "further driver licence or learner permit".
13In section 28B—
(a)in subsection (1)—
(i)for "driver licence or permit" substitute "driver licence or learner permit";
(ii)for "a licence or permit" substitute "a driver licence or learner permit";
(b)in subsection (2), for "licence or permit" substitute "driver licence or learner permit".
14In section 29(1) and (1A)—
(a)for "licence or permit" substitute "driver licence or learner permit";
(b)for "whose licence" substitute "whose driver licence".
15In section 30AA, for "permit" substitute "learner permit".
16In section 31KA, in the example at the foot of subsection (2), for "A's licence" substitute "A's driver licence".
17In section 38(3), for "licence" substitute "driver licence".
18In section 43(2) and (3)(b), for "licence or permit" substitute "driver licence or learner permit".
19In section 44—
(a)in subsection (1), for "driver licence or permit" substitute "driver licence or learner permit";
(b)in subsection (1)(a), for "new licence or permit" substitute "new driver licence or learner permit";
(c)in subsection (2)—
(i)for "driver licence or permit" substitute "driver licence or learner permit";
(ii)for "new licence or permit" substitute "new driver licence or learner permit".
20In section 50(1AD), (1B), (1C), (1D), (1DA) and (1E), for "driver licence or permit" (wherever occurring) substitute "driver licence or learner permit".
21In section 50AAAD(3), for "licence or permit" substitute "driver licence or learner permit".
22In section 50AAB—
(a)in subsection (4), for "permit" substitute "learner permit";
(b)in the example at the foot of subsection (4C), for "licence" (where first occurring) substitute "driver licence".
23In section 50AAD(1), for "permit" substitute "learner permit".
24In section 50AAH(2)(c) and (3), for "permit" substitute "learner permit".
25In section 50AAI(2)(b), (3) and (3A), for "permit" substitute "learner permit".
26In section 50AAK(1) and (3), for "permit" substitute "learner permit".
27In section 50A(1), (1A) and (2), for "permit" (wherever occurring) substitute "learner permit".
28In section 51—
(a)in subsections (1) and (1A)—
(i)for "driver licence or permit" substitute "driver licence or learner permit";
(ii)for "licence document or permit document" substitute "driver licence document or learner permit document";
(b)in subsection (1B)—
(i)for "driver licence or permit" substitute "driver licence or learner permit";
(ii)for "licence or permit document" substitute "driver licence document or learner permit document";
(c)in subsections (3), (3A)(a) and (3B)(a), for "permit" substitute "learner permit";
(d)in the note at the foot of subsection (3B), for "permit" substitute "learner permit";
(e)in subsection (3C), for "permit" (wherever occurring) substitute "learner permit";
(f)in subsection (3CA), for "permit" (wherever occurring) substitute "learner permit";
(g)in subsections (7) and (8), for "licence or permit" (wherever occurring) substitute "driver licence or learner permit";
(h)in subsection (9), for "licence or permit" substitute "driver licence or learner permit";
(i)in subsection (12A) and (14), for "permit" substitute "learner permit".
29In section 52(1)(b)(ii), for "permit" substitute "learner permit".
30In section 56(3), for "driver licence or permit" (where twice occurring) substitute "driver licence or learner permit".
31In section 60(2), for "and permits" substitute "and learner permits".
32In section 61(6), for "and permits" substitute "and learner permits".
33In section 64(2), for "driver licence or permit" (where twice occurring) substitute "driver licence or learner permit".
34In section 64A(3)(a), (3)(b), (4)(a) and (4)(b), for "driver licence or permit" substitute "driver licence or learner permit".
35In section 67(5)(j), for "permit" substitute "learner permit".
36In section 68B(2)(a) and (b), for "driver licence or permit" substitute "driver licence or learner permit".
37In section 70(1C), for "driver licence or permit" (where twice occurring) substitute "driver licence or learner permit".
38In section 71, for "licence, permit" (wherever occurring) substitute "driver licence, learner permit".
39In section 72(1) and (2), for "licence, permit" substitute "driver licence, learner permit".
40In section 84(7)(d), for "licence" (where first occurring) substitute "driver licence".
41In section 84BIA(a) and (b), for "driver licence or permit" (wherever occurring) substitute "driver licence or learner permit".
42In section 84BN(2)—
(a)in paragraph (a), for "permit" substitute "learner permit";
(b)in paragraphs (b) and (c), for "permit" (wherever occurring) substitute "learner permit".
43In section 84O(3A)(a) and (b), for "permit" substitute "learner permit".
44In section 84Z(3D)(a)(i) and (ii), for "permit" substitute "learner permit".
45In section 84ZA(2A)(a)(i) and (ii) and (7)(a)(i) and (ii), for "permit" substitute "learner permit".
46In section 84ZW(3)(a) and (b), for "permit" substitute "learner permit".
47In section 89A(8), for "permit" substitute "learner permit".
48In section 89B(3)(g), for "permit" substitute "learner permit".
49In section 89C—
(a)in subsection (1), for "permit" substitute "learner permit";
(b)in the note at the foot of subsection (1), for "permit" substitute "learner permit";
(c)in subsection (2), for "such a licence or permit" substitute "a probationary driver licence or learner permit";
(d)in subsection (3A), for "a licence or permit under this Act" substitute "a driver licence or learner permit under this Act";
(e)in subsection (5)—
(i)for "whose licence or permit" substitute "whose driver licence or learner permit";
(ii)for "licence or permit document" substitute "driver licence document or learner permit document";
(f)in subsection (8), for "licence or permit document" substitute "driver licence document or learner permit document".
50In section 89D—
(a)in subsection (1AA), for "permit" substitute "learner permit";
(b)in subsection (1AB), for "licence or permit" substitute "driver licence or learner permit";
(c)in subsection (1A), for "a licence or permit under this Act" substitute "a driver licence or learner permit under this Act";
(d)in subsection (4)—
(i)for "whose licence or permit" substitute "whose driver licence or learner permit";
(ii)for "licence or permit document" substitute "driver licence document or learner permit document";
(e)in subsection (7), for "licence or permit document" substitute "driver licence document or learner permit document";
(f)in the note at the foot of subsection (7), for "licence or permit" substitute "driver licence or learner permit".
51In section 95(6), for "licences or permits" substitute "driver licences or learner permits".
52In section 96B(1)(c), for "permit" substitute "learner permit".
53In section 190(2), for "licence" substitute "driver licence".
54In item 18 of Schedule 2, for "permit" (where twice occurring) substitute "learner permit".
55In items 19, 20, 21, 24, 25 and 27 of Schedule 2, for "permit" substitute "learner permit".
56In item 28A of Schedule 2—
(a)for "licence or permit documents" substitute "driver licence documents or learner permit documents";
(b)for "the licence or permit" substitute "the driver licence or learner permit".
57In item 86 of Schedule 2, for "permit" substitute "learner permit".
Schedule 2—Amendment of Road Safety Act 1986—references to tests and assessments
Section 37
1In section 19(2)(a), for "tests" substitute "tests or assessments".
2In section 20(3)(a), for "tests" substitute "tests or assessments".
3In section 21(1)(b), (2)(b), (3)(e) and (6)(b), for "tests" substitute "tests or assessments".
4In section 22(3)(a), for "tests" substitute "tests or assessments".
5In section 27—
(a)in subsections (1) and (1A), for "test" substitute "test or assessment";
(b)in subsection (2)—
(i)in paragraph (a), for "test" (where twice occurring) substitute "test or assessment";
(ii)in paragraphs (b) and (c), for "test" substitute "test or assessment";
(c)in subsection (3), for "test" (wherever occurring) substitute "test or assessment";
(d)in subsection (4), for "test" (where twice occurring) substitute "test or assessment";
(e)in subsection (6), in the definition of relevant guidelines, for "test" (where twice occurring) substitute "test or assessment".
6In section 50AAAD(6), for "test" substitute "test or assessment".
7In section 96B—
(a)in subsection (1), for "testing" substitute "testing or assessing";
(b)in subsection (2)(a) and (b), for "tests" substitute "tests or assessments".
8In item 26 of Schedule 2, for "Tests" substitute "Tests or assessments".
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 21 October 2015
Legislative Council: 26 November 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 and other Acts to provide greater flexibility in relation to the certification of analyses conducted in approved laboratories, to make minor amendments to the Road Management Act 2004, to make other amendments to the Road Safety Act 1986 relating to the licensing of drivers and for other purposes."
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