Untitled document

Transport (Infringements) (Penalties) Regulations 2004

S.R. No. 90/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objectives

2.Authorising provisions

3.Commencement

4.Principal Regulations

5.Ticket infringement penalty increases

6.Transport infringement penalty increases

7.New regulation 202A inserted

202A.Graduated penalties for repeat ticket and transport infringements

8.Safety work infringement penalty increase

═══════════════

ENDNOTES

STATUTORY RULES 2004

S.R. No. 90/2004

Transport Act 1983

Transport (Infringements) (Penalties) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 6 July 2004

Responsible Minister:

PETER BATCHELOR
Minister for Transport

DIANE CASEY

Clerk of the Executive Council

1.Objectives

The objectives of these Regulations are to prescribe—

(a)increased penalties for ticket and transport infringements;

(b)graduated penalties for repeat ticket and transport infringements;

(c)an increased penalty for a safety work infringement.

2.Authorising provisions

These Regulations are made under sections 215 and 215G of the Transport Act 1983.

3.Commencement

These Regulations come into operation on 13 July 2004.

4.Principal Regulations

In these Regulations, the Transport (Infringements) Regulations 1999[1] are called the Principal Regulations.

5.Ticket infringement penalty increases

(1)In regulation 201(2) of the Principal Regulations, for "For" substitute "Subject to regulation 202A, for,".

(2)In regulation 201 of the Principal Regulations, in the Table—

(a)in the item relating to code 3100, in column 2, after "Fail" insert "to comply with a requirement of the provision or";

(b)in column 4 for "100" (wherever occurring) substitute "150".

6.Transport infringement penalty increases

(1)In regulation 202(2) of the Principal Regulations, for "For" substitute "Subject to regulation 202A, for"

(2)In regulation 202 of the Principal Regulations, in column 4 of the Table—

(a)in the items relating to codes "3120", "3121", "3123", "3124", "3127", "3128", "3140", "3156", "3173", "3175" and "3205" for "100" substitute "150";

(b)in the items relating to codes "3122" and "3187" for "135" substitute "200";

(c)in the items relating to codes "3125", "3146", "3154" and "3176" for "50" substitute "200";

(d)in the items relating to codes "3126" and "3155" for "50" substitute "100";

(e)in the items relating to codes "3141", "3142", "3147", "3178", "3179", "3200" and "3201" for "100" substitute "200";

(f)in the item relating to code "3143" for "75" substitute "250";

(g)in the items relating to codes "3144", "3181", "3182", "3183", "3188", "3189" and "3191" for "200" substitute "250";

(h)in the items relating to codes "3149", "3150", "3151", "3170", "3171", "3180", "3202", "3203" and "3204" for "100" substitute "250";

(i)in the items relating to codes "3184", "3185" and "3206" for "100" substitute "750";

(j)in the items relating to codes "3152" and "3153" for "50" substitute "150";

(k)in the item relating to code "3157" for "25" substitute "150";

(l)in the item relating to code "3158" for "25" substitute "100";

(m) in the item relating to code "3186" for "135" substitute "250";

(n)in the item relating to code "3190" for "50" substitute "250".

7.New regulation 202A inserted

After regulation 202 of the Principal Regulations, insert—

'202A.Graduated penalties for repeat ticket and transport infringements

(1)This regulation applies if—

(a)a person is alleged to have committed a transport or ticket infringement ("the current infringement"); and

(b)the person has, within a period of 3 years immediately before the date of that infringement ("the relevant period"), been issued with one or more transport or ticket infringement notices.

(2)If a person is alleged to have committed a current infringement and, in the relevant period, the person has committed one transport or ticket infringement in respect of which an infringement notice has been issued, the penalty prescribed for the current infringement is the amount set out in Column 2 of Table 202A opposite the amount set out in Column 1 of the Table that would otherwise be the penalty for the current infringement.

(3)If a person is alleged to have committed a current infringement and, in the relevant period, the person has committed more than one transport or ticket infringement in respect of which infringement notices have been issued, the penalty prescribed for the current infringement is the amount set out in Column 3 of Table 202A opposite the amount set out in Column 1 of the Table that would otherwise be the penalty for the current infringement.

(4)For the purposes of this regulation, in determining the number of transport or ticket infringements a person may have committed in the relevant period—

(a)all transport infringements and ticket infringements committed by the person in the relevant period are to be counted;

(b)two or more transport or ticket infringements alleged to have been committed on the same day and arising from one single incident are to be counted as one transport or ticket infringement.

TABLE 202A

GRADUATED PENALTIES

Column 1	Column 2	Column 3
Penalty for current infringement if no infringements in the relevant period	Penalty for current infringement if one infringement in the relevant period	Penalty for current infringement if more than one infringement in the relevant period
$100	$150	$200
$150	$200	$250
$200	$250	$300
$250	$300	$350
$750	$1000	$1500

(5)Nothing in this regulation applies to or in relation to a transport or ticket infringement—

(a)that was alleged to have been committed before 13 July 2004;

(b)if the infringement notice for the infringement has been withdrawn.'.

8.Safety work infringement penalty increase

In regulation 203 of the Principal Regulations, in column 4 of the Table, for "240" substitute "300".

═══════════════

ENDNOTES

[1] Reg. 4: S.R. No. 112/1999.  Subsequently amended by S.R. No. 28/2004.