Untitled document

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017

No. 68 of 2017

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

Part 1.1—Purposes

1Purposes

Part 1.2—Commencement

2Commencement

Chapter 2—Amendment of Road Safety Act 1986 and other road legislation

Part 2.1—Preliminary

3Principal Act

Part 2.2—Drink and drug driving offences

Division 1—Disqualification and alcohol interlock conditions

4Definitions

5New section 23A inserted

6New section 23B inserted

7New section 25A inserted

8New section 31KB substituted

9Provisions about cancellation and disqualification

10Previous convictions

11Zero blood or breath alcohol

12Cancellation of licence or permit for drink-driving infringements

13Amendment of Schedule 1

Division 2—Behaviour change program for drink and drug driving offences

14Definitions

15Effect of suspension of licence or permit

16Application for licence eligibility order

17Sections 31C and 31D repealed

18Section 31E amended

19Sections 31F and 31G repealed

20Procedure on hearing of application for licence eligibility order

21Section 49A repealed

22Administrative scheme for removal of alcohol interlock condition

23Alcohol interlock condition removal order

24New Part 5A inserted

25Definitions for Part 6AB

26Repeal of Schedule 1A

Division 3—Increased penalties for drug driving offences

27Provisions about cancellation and disqualification

28Suspension of licence or permit for excessive speed infringement or drug-driving infringement

Division 4—Drinking while driving infringements

29Definitions

30Traffic infringements

Part 2.3—Impoundment, immobilisation and forfeiture of motor vehicles

31Definitions for Part 6A

32Section 84E repealed

33Impoundment or immobilisation order

34Forfeiture order

35Application for an impoundment or immobilisation order or a forfeiture order

36Notice of application

37Notice where 2 or more offences charged

38Direction not to transfer registration or register motor vehicle

39Application to register financing statement after giving notice of intention to sell etc.

Part 2.4—Driver licences

40Offence if driver not licensed

41New section 18AA inserted

42New sections 18B and 18C inserted

43Cancellation, suspension or variation of licences and permits by Corporation

44Power of Corporation to require tests to be undergone

45Disqualified person must not apply for licence or permit

46Offence to drive while disqualified etc.

47Offence to employ unlicensed driver

48New section 32A inserted

49Interpretation

50Cancellation of licence or permit for drink-driving infringements

51Suspension of licence or permit for excessive speed infringement or drug-driving infringement

52Schedule 5 amended

Part 2.5—Demerit points scheme

53Power of court to cancel, suspend or vary licences and permits

54Demerit point option notice

55Extended demerit point period

56Person elects to extend demerit point period and incurs no additional demerit points

57Person elects to extend demerit point period and incurs additional demerit points

58New section 41A inserted

59Suspension of driver licence or learner permit under this Division

60New section 44 substituted

61Appeal to Magistrates' Court

Part 2.6—Service of notices

62Person fails to elect to extend demerit point period

63Suspension of driver licence or learner permit under this Division

64Sections 60, 60A and 84BE amended

65Service of notices

Part 2.7—Other amendments

Division 1—Motor cycle driver licence conditions

66Driver licences

67Zero blood or breath alcohol

68General duty of driver or person in charge of motor vehicle

Division 2—Evidence of power to mass ratio

69Definitions

70General evidentiary provisions

Division 3—Miscellaneous

71Definitions

72Power to inspect motor vehicles and trailers

73Definitions for Division 3 of Part 2

74Section 63B amended

75Certain matters indicated by prescribed road safety cameras are evidence

76Evidence relating to prescribed road safety cameras

77Schedule 2 amended

Part 2.8—Statute law revision

78Definitions

79References to Head, Transport for Victoria

80Obligations of road users

81References to speed

82Definitions for Part 6AB

83Definitions for Part 6A

84Schedule 2 amended

Part 2.9—Transitional provisions

85New section 103ZK inserted

Part 2.10—Amendment of Road Legislation Further Amendment Act 2016

86Cancellation and disqualification—corresponding interstate drink-driving offence

Chapter 3—Amendment of rail legislation

Part 3.1—Amendment of Rail Management Act 1996

87Definitions

88New Part 2A of Rail Management Act 1996 substituted

89New section 118B inserted

Part 3.2—Amendment of Rail Safety (Local Operations) Act 2006

90Definitions and interpretation

91Safety interface agreements

92Secretary to the Department of Transport is exempt

93Surrender of accreditation

94Definitions—section 70

95Additional offences involving alcohol and drugs

96Additional circumstance when rail safety workers may be convicted or found guilty

97Additional matters for breath analyses

98Transport safety officer or police officer may require drug screening test, oral fluid analysis and blood test

99New sections 86CA to 86CG inserted

100New section 86D substituted

101Rail safety worker may request sample of blood to be taken for analysis

102Blood samples to be taken in certain cases

103Evidentiary provisions—blood tests

104Evidentiary provisions—oral fluid samples

105Approvals

Part 3.3—Amendment of Rail Safety National Law Application Act 2013

106Disallowance of national regulations

107Part 6 of the Rail Safety (Local Operations) Act 2006 forms part of the Law with modifications

Part 3.4—Amendment of Tourist and Heritage Railways Act 2010

108New section 6 substituted

Chapter 4—Amendment of other transport related legislation

Part 4.1—Amendment of Transport (Safety Schemes Compliance and Enforcement) Act 2014

109General powers on entry or boarding

110Magistrates' Court may extend period of detention of vessel

111Extension of time for compliance with improvement notices

112Service of prohibition notice

113Amendment of prohibition notice

114Certificates confirming that matters that give rise to immediate risks to safety remedied

115Proceedings for offences not affected by prohibition notices or certificates

116When Safety Director may carry out action

117Power of Safety Director to take other remedial action

118Costs of remedial or other action

119Injunctions for non-compliance with notices

120Release on the giving of a safety undertaking

Part 4.2—Amendment of Transport Accident Act 1986

121Transport accident charge

122New Division 12 of Part 11 inserted

Part 4.3—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988

123Subject matter for regulations

Part 4.4—Amendment of Port Management Act 1995

124Statute law revision

Chapter 5—Repeal of amending Act

125Repeal of amending Act

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Endnotes

1      General information

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017

No. 68 of 2017

[Assented to 19 December 2017]

The Parliament of Victoria enacts:

CHAPTER 1—PRELIMINARY

PART 1.1—PURPOSES

1Purposes

(1)Subsections (2) to (4) set out the main purposes of this Act.

(2)Chapter 2 amends the Road Safety Act 1986—

(a)to implement reforms aimed at reducing deaths and injuries on Victorian roads including—

(i)the cancellation of a driver licence or learner permit and disqualification for a minimum period following a finding of guilt or conviction for any drink-driving offence; and

(ii)the imposition of a mandatory alcohol interlock condition on any driver licence or learner permit granted following a disqualification because of a drink-driving offence; and

(iii)the introduction of a behaviour change program for persons found guilty or convicted of drink-driving offences and certain other offences; and

(b)to introduce other reforms including—

(i)increased penalties for drug driving offences; and

(ii)the simplification of the vehicle impoundment and forfeiture scheme; and

(iii)reforms to the description of, defences to and penalties for, offences relating to unlicensed driving; and

(iv)the simplification of the demerit points scheme; and

(v)the rationalisation of provisions relating to the service of notices under that Act; and

(c)to make other amendments to improve the operational effectiveness of that Act; and

(d)to make other technical amendments.

(3)Chapter 2 also amends the Road Safety Act 1986 and the Road Legislation Further Amendment Act 2016 in relation to the imposition of mandatory alcohol interlock conditions in relation to certain interstate offences.

(4)Chapter 3 amends—

(a)the Rail Management Act 1996 to establish a new rail access regime; and

(b)the Rail Safety (Local Operations) Act 2006 to make further provision in relation to the drug and alcohol testing of rail safety workers; and

(c)the Rail Safety National Law Application Act 2013 to make a technical amendment to the provision that allows for parliamentary disallowance of the national regulations made under the Rail Safety National Law (Victoria); and

(d)the Tourist and Heritage Railways Act 2010 to provide that the Tourist and Heritage Railway Registrar must
be an employee of the Public Transport Development Authority.

(5)Chapter 4 amends—

(a)the Transport (Safety Schemes Compliance and Enforcement) Act 2014 and the Port Management Act 1995 to make minor and technical changes to improve the operation of those Acts, and changes of a statute law revision nature; and

(b)the Transport Accident Act 1986 so that the 28-day grace period for the payment of a transport accident charge applies to a registration of 3 months or more; and

(c)the Marine (Drug, Alcohol and Pollution Control) Act 1988 to make minor changes to the provisions of that Act that enable regulations to be made in relation to the storage and provision of blood samples.

PART 1.2—COMMENCEMENT

2Commencement

(1)This Chapter, Part 2.1, section 84 and Part 4.3 come into operation on the day on which this Act receives the Royal Assent.

(2)Section 77 and Parts 2.8 (except section 84), 2.9, 2.10, 4.1, 4.4 and Chapter 5 come into operation on the day after the day on which this Act receives the Royal Assent.

(3)Subject to subsections (4) and (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If section 4 or 5 or 7 to 30 or a provision of Part 2.3, 2.4 or Division 1 of Part 2.7 or section 72, 74, 75 or 76 or a provision of Chapter 3 or Part 4.2 does not come into operation before 1 November 2018, it comes into operation on that day.

(5)If a provision referred to in subsection (3) (other other than a provision referred to in subsection (4)), does not come into operation before 1 January 2020, it comes into operation on that day.

CHAPTER 2—AMENDMENT OF ROAD SAFETY ACT 1986 AND OTHER ROAD LEGISLATION

PART 2.1—PRELIMINARY

3Principal Act

In this Chapter, the Road Safety Act 1986 is called the Principal Act.

PART 2.2—DRINK AND DRUG DRIVING OFFENCES

Division 1—Disqualification and alcohol interlock conditions

4Definitions

(1)In section 3(1) of the Principal Act, in paragraph (b) of the definition of drink-driving infringement, for "subsection (1A), (1AB) or (1AC) of section 50" substitute "section 50(1A)".

(2)In section 3(1) of the Principal Act insert the following definitions—

"Australian driver licence means—

(a)a driver licence; or

(b)a licence (other than an Australian learner permit) issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway;

Australian learner permit means—

(a)a learner permit; or

(b)an interstate learner permit;

corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) to correspond to a specified Victorian drink-driving offence;".

5New section 23A inserted

After section 23 of the Principal Act insert—

"23A   Corporation must not grant driver licence or learner permit to disqualified driver

Except as provided by section 25A or by the regulations, the Corporation must not grant a driver licence or learner permit to a person who—

(a)is currently disqualified from driving or from obtaining a driver licence or learner permit under the law of Victoria or another State or a Territory; or

(b)has an Australian driver licence or an Australian learner permit that is currently suspended; or

(c)is currently disqualified from driving under the law of another country in circumstances that, if they occurred in Victoria, would have resulted in the person being disqualified from driving in Victoria.".

6New section 23B inserted

Before section 24 of the Principal Act insert—

"23B   Alcohol interlock to be installed prior to grant of driver licence or learner permit subject to alcohol interlock condition

(1)This section applies if the Corporation can only grant a driver licence or learner permit to a person that is subject to an alcohol interlock condition.

Examples

Section 31KA or 31KB applies to the person or the Magistrates' Court has given an alcohol interlock condition direction to the Corporation under section 50AAA in relation to the person.

(2)The Corporation must not grant the driver licence or learner permit to the person unless the person provides to the Corporation a certificate from an approved alcohol interlock supplier certifying that, at the request of the person, the supplier has installed an approved alcohol interlock in a vehicle specified in the certificate.

(3)A certificate provided to the Corporation under subsection (2) must be in the form approved by the Corporation.".

7New section 25A inserted

After section 25 of the Principal Act insert—

"25A   Reduction in period for which a person is ineligible to be granted a driver licence or learner permit

(1)This section applies to a person who—

(a)is currently disqualified under the law of another jurisdiction from driving or from obtaining a driver licence or learner permit, or a class of driver licence or learner permit, in that jurisdiction because of a corresponding interstate drink-driving offence committed by the person in the other jurisdiction; and

(b)would have been eligible for a reduced period of disqualification if the person had resided or remained in the other jurisdiction and had participated or agreed to participate in an alcohol interlock program in that other jurisdiction; and

(c)is not otherwise, in Victoria or another jurisdiction, disqualified from driving or from obtaining a driver licence or learner permit or subject to a suspension relating to a driver licence or learner permit.

(2)On the application by the person in accordance with the regulations, the Corporation may reduce the period for which the person is otherwise prevented under section 23A from obtaining a driver licence or learner permit.

Note

The grant of a driver licence or learner permit by the Corporation to a person to whom this section applies is subject to section 31KB and, unless section 31KB(8)(b) applies, must be made subject to an alcohol interlock condition.

(3)In this section—

jurisdiction means an Australian State or a Territory.".

8New section 31KB substituted

For section 31KB of the Principal Act substitute—

"31KB   Administrative scheme for imposing alcohol interlock condition—interstate drink-driving offence

(1)This section applies to a person if—

(a)the person holds a current licence or permit authorising the person to drive a motor vehicle issued in another State or a Territory that is subject to an alcohol interlock condition and paragraphs (b) and (c) do not apply to the person; or

(b)the person—

(i)was prevented under section 23A from obtaining a driver licence or learner permit because the person was disqualified from driving in another State or a Territory in respect of a corresponding interstate drink-driving offence; and

(ii)is no longer prevented from obtaining a driver licence or learner permit; or

(c)the person—

(i)has been disqualified under section 25(3) from obtaining a driver licence or learner permit in respect of a corresponding interstate drink-driving offence; and

(ii)has ceased to be so disqualified.

Note

If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.

(2)Subject to subsection (8)(b), a driver licence or learner permit granted by the Corporation to a person to whom this section applies must be made subject to an alcohol interlock condition.

(3)The Corporation may impose an alcohol interlock condition under this section on the basis of the application for a driver licence or learner permit made by the person and any matters that appear in records kept by the Corporation without conducting any hearing or investigation into the matter.

(4)A person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under this section cannot apply under section 50AAAB for the removal of the condition during the period (the relevant period) determined in accordance with subsection (5) or (6).

(5)For the purposes of subsection (4), the relevant period applying to a person referred to in subsection (1)(a) is the period beginning on the first granting of the driver licence or learner permit and ending on the day on which—

(a)the person would have been eligible to apply for the removal of the alcohol interlock condition imposed by the other State or a Territory; or

(b)the alcohol interlock condition imposed by the other State or a Territory would have ceased by operation of law—

had the person resided or remained in the other State or a Territory.

(6)For the purposes of subsection (4), the relevant period applying to a person referred to in subsection (1)(b) or (c) is the period beginning on the first granting of the driver licence or learner permit and ending on—

(a)the expiry of the minimum period specified in Column 4 of the table in Schedule 1B that would apply had the person been convicted or found guilty of the Victorian drink-driving offence to which the interstate drink-driving offence has been declared to correspond by Order made under section 25(1); or

(b)if subsection (8) applies—an earlier date determined by the Corporation.

(7)For the purposes of subsection (6)(a)—

(a)section 50AAA(9) applies in the same way and to the same extent as it would apply for the purposes of section 50AAA and Schedule 1B in respect of the Victorian drink-driving offence referred to in subsection (6)(a); and

(b)if the minimum period applying to the Victorian drink-driving offence varies depending on the concentration of alcohol in the person's blood or breath, the minimum period is that which would apply had the person recorded the same concentration of alcohol in respect of the Victorian drink-driving offence as—

(i)the concentration of alcohol notified as having been recorded in respect of the person's blood or breath in respect of the corresponding interstate drink‑driving offence; or

(ii)if, instead of a fixed concentration of alcohol, the Corporation is notified that the concentration of alcohol recorded in the person's blood or breath fell within a range of concentration in respect of the corresponding interstate drink-driving offence—the concentration of alcohol at the lower end of that range.

(8)If a person to whom subsection (6) applies satisfies the Corporation that the person has complied with the requirements of an alcohol interlock condition imposed by another State or a Territory in respect of the corresponding interstate drink-driving offence, the Corporation may determine that—

(a)the relevant period ends on an earlier date for the purposes of subsection (6); or

(b)a driver licence or learner permit may be granted to the person without an alcohol interlock condition if the alcohol interlock condition imposed by the other State or the Territory was for the same or a longer period than the relevant period that would otherwise apply to the person under subsection (6).".

9Provisions about cancellation and disqualification

(1)For section 50(1) and (1A) of the Principal Act substitute—

"(1)On convicting or finding a person guilty of an offence under section 49(1)(b), (f) or (g), the court must—

(a)cancel any driver licence or learner permit held by the offender; and

(b)whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than the minimum period of disqualification determined in accordance with subsection (1A).

(1A)The minimum period of disqualification is—

(a)for a first offence—the period specified in Column 2 of Schedule 1; or

(b)for a subsequent offence—the period specified in Column 3 of Schedule 1—

ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule.".

(2)Section 50(1AB) and (1AC) of the Principal Act are repealed.

10Previous convictions

In the table at the foot of section 50AA of the Principal Act, for "Sections 50(1A), (1AB), (1AC)," substitute "Sections 50(1A),".

11Zero blood or breath alcohol

(1)After section 52(1B)(ab) of the Principal Act insert—

"(ac)the person had been prevented under section 23A from obtaining a driver licence or learner permit because the person was disqualified from driving in another State or a Territory in respect of a corresponding interstate drink-driving offence and the driver licence or learner permit was issued to the person after the person had ceased to be prevented from obtaining a driver licence or learner permit; or".

(2)After section 52(1BA) of the Principal Act insert—

"(1BB)This section also applies to a person who is driving or in charge of a motor vehicle while holding a driver licence or learner permit which authorises the holder to drive such a motor vehicle if—

(a)an alcohol interlock condition applies to the driver licence or learner permit; and

(b)the alcohol interlock condition has been imposed because at the time the driver licence or learner permit was granted, the person held a licence or permit issued in another State or a Territory that was subject to an alcohol interlock condition.".

12Cancellation of licence or permit for drink-driving infringements

(1)For section 89C(1), (1A) and (2) of the Principal Act substitute—

"(1)Any driver licence or learner permit held by a person is cancelled and the person is disqualified from obtaining one for the period set out in subsection (2) or (2A) if—

(a)a traffic infringement notice has been issued to the person in respect of a drink-driving infringement; and

(b)no notice of objection to the infringement notice has been given and the 28 day period has expired.

Note

The period for which the person is disqualified from obtaining a driver licence or learner permit is reduced if the person's licence was already suspended in accordance with a notice under section 51(1B) (see section 51(3C)).

(2)The period for which the person is disqualified from obtaining a driver licence or learner permit is 3 months if—

(a)the blood or breath alcohol concentration specified in the notice is 0∙05 grams or more but less than 0∙07 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); and

(b)at the time of the infringement—

(i)the person was 26 years of age or older; and

(ii)section 52 did not apply to the person.

(2A)In any other case, the period for which the person is disqualified from obtaining a driver licence or learner permit is the period ascertained in accordance with Column 2 of Schedule 1 by reference to the blood or breath alcohol concentration specified in the notice.".

(2)In section 89C(4) of the Principal Act, for "subsection (1) or (2)" substitute "subsection (1)".

(3)For section 89C(8) of the Principal Act substitute—

"(8)A person, other than a person referred to in subsection (3A), who pays a penalty in respect of a drink-driving infringement must, on or before the expiry of the 28 day period, surrender the person's driver licence or learner permit document in accordance with the regulations.".

13Amendment of Schedule 1

In Schedule 1 to the Principal Act, for—

"less than ·07 6 months 12 months"

substitute—

"less than ∙05	3 months	12 months
∙05 or more but less than ·07	6 months	12 months".

Division 2—Behaviour change program for drink and drug driving offences

14Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

"approved provider—

(a)in relation to a behaviour change program, means a person or body approved by the Corporation under section 58J to provide a behaviour change program; and

(b)in relation to a safe driving program, means a person or body approved by the Corporation under section 84BP to provide an approved safe driving program;

behaviour change program means—

(a)a first-stage behaviour change program; or

(b)a second-stage behaviour change program;

certificate of completion means a certificate issued by an approved provider of a behaviour change program under section 58R certifying that a person has completed the program;

first-stage behaviour change program means a behaviour change program approved by the Corporation under section 58I(1);

second-stage behaviour change program means a behaviour change program approved by the Corporation under section 58I(2);".

(2)In section 3(1) of the Principal Act, the definitions of accredited agency, accredited driver education program, assessment report and licence eligibility report are repealed.

15Effect of suspension of licence or permit

In section 28A(2) of the Principal Act, for "31C, 31E, 50AAA or 52" substitute "31E, 50AAA, 52 or 58C".

16Application for licence eligibility order

For section 31B(2)(b) of the Principal Act substitute—

"(b)complied with the requirements of—

(i)subsection (1); and

(ii)section 31E, if that section applies to the applicant.".

17Sections 31C and 31D repealed

Sections 31C and 31D of the Principal Act are repealed.

18Section 31E amended

(1)For the heading to section 31E of the Principal Act substitute—

"Persons required to provide certificate of completion of first-stage behaviour change program".

(2)For section 31E(1) and (2) of the Principal Act substitute—

"(1)Before applying for a licence eligibility order, a person to whom this section applies must provide or cause to be provided to the Magistrates' Court—

(a)a copy of any notice from the Corporation under section 58E relating to the offence for which the person has been disqualified; and

(b)if the person is required under section 58C or 58F to complete a first‑stage behaviour change program—a certificate of completion certifying that the person has completed the first‑stage behaviour change program specified in that notice.

Note

A notice under section 58E must state the particular behaviour change program that the person is required to complete.

(1A)The certificate of completion and notice from the Corporation must be provided, or caused to be provided, to the Court within 28 days before applying for the licence eligibility order.

(2)This section applies to a person who has been disqualified under section 50 or 89C in respect of an offence under section 49(1) unless—

(a)the person is a person to whom section 31KA applies; or

(b)the offence under section 49(1) is an accompanying driver offence.".

(3)In section 31E(3) of the Principal Act omit "or 89A(1)".

(4)In the note at the foot of section 31E(3) of the Principal Act omit "or 89A(1)".

19Sections 31F and 31G repealed

Sections 31F and 31G of the Principal Act are repealed.

20Procedure on hearing of application for licence eligibility order

(1)For section 31H(b)(iv) of the Principal Act substitute—

"(iv)any certificate of completion of a first-stage behaviour change program provided to the Court under section 31E; and".

(2)After section 31H(b) of the Principal Act insert—

"(c)if the certificate of completion of the

first-stage behaviour change program indicates that the applicant was referred to medical or other therapeutic services, the Court may—

(i)inquire whether the applicant attended those services; and

(ii)have regard to whether the applicant attended or not.".

21Section 49A repealed

Section 49A of the Principal Act is repealed.

22Administrative scheme for removal of alcohol interlock condition

(1)In section 50AAAB(2) of the Principal Act—

(a)in paragraph (c), for "subsection (3)." substitute "subsection (3); and";

(b)after paragraph (c) insert—

"(d)if the person is required under the regulations to complete a second-stage behaviour change program—has completed the second-stage behaviour change program specified in the notice given to the person under section 58E.".

(2)In section 50AAAB(3) of the Principal Act—

(a)in paragraph (a) omit "(other than any specified under item 57AA(f) of Schedule 2)";

(b)paragraph (b) is repealed.

(3)After section 50AAAB(3) of the Principal Act insert—

"(3A)For the purposes of subsection (3), the data referred to in paragraph (a) of that subsection must include data provided by each approved alcohol interlock supplier who maintained, or authorised a person or body to maintain, the approved alcohol interlock during the period covered by the report.".

(4)After section 50AAAB(4)(b)(ii) of the Principal Act insert—

"(iia)if the person is required under the regulations to complete a second-stage behaviour change program—

(A)a certificate of completion certifying that the person has completed the second-stage behaviour change program specified in the notice under section 58E; or

(B)a statement that the certificate is to be sent directly to the Corporation by the approved provider of the program; and".

23Alcohol interlock condition removal order

(1)For section 50AAB(4B)(a) of the Principal Act substitute—

"(a)deal with or determine an application for an alcohol interlock condition removal order unless it is satisfied that—

(i)the applicant has complied with the requirements of subsections (4A) and (5); and

(ii)if the applicant is required under the regulations to complete a second‑stage behaviour change program—the applicant has completed the second-stage behaviour change program specified in the notice given to the applicant under section 58E; or".

(2)In section 50AAB(5) of the Principal Act—

(a)for "an accredited agency" substitute "the Corporation or a prescribed person or body";

(b)in paragraph (ab) omit "(other than any specified under item 57AA(f) of Schedule 2)";

(c)for paragraph (b) substitute—

"(b)includes an assessment by each approved alcohol interlock supplier who maintained, or authorised a person or body to maintain, the approved alcohol interlock during the period referred to in paragraph (a) on the extent to which the person complied with the manufacturer's instructions for using the approved alcohol interlock.".

(3)In section 50AAB(6) of the Principal Act—

(a)in paragraph (b)(iv), for "subsection (5)." substitute "subsection (5); and";

(b)after paragraph (b) insert—

"(c)if a certificate of completion of a second-stage behaviour change program indicates that the person was referred to medical or other therapeutic services, the court may—

(i)inquire whether the person attended those services; and

(ii)have regard to whether the person attended or not.".

24New Part 5A inserted

After section 58B of the Principal Act insert—

"PART 5A—BEHAVIOUR CHANGE PROGRAM

Division 1—Requirement to complete behaviour change program

58CRequirement to complete first-stage behaviour change program

(1)The Corporation must not issue a driver licence or learner permit to a person whose driver licence or learner permit is cancelled, or who is disqualified from obtaining a driver licence or learner permit, on conviction or on being found guilty of an offence specified in subsection (2) unless the Corporation is satisfied that the person has completed the first-stage behaviour change program specified in the notice under section 58E.

(2)For the purposes of subsection (1), the following offences are specified—

(a)an offence under section 49(1), other than an accompanying driver offence;

(b)any of the following offences committed while the person was under the influence of alcohol or drugs, or both—

(i)a serious motor vehicle offence, within the meaning of section 87P of the Sentencing Act 1991;

(ii)an offence under section 319AA of the Crimes Act 1958;

(iii)stealing or attempting to steal a motor vehicle.

Note

Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the Sentencing Act 1991 is not disqualified for the purposes of this section.

(3)If—

(a)a person is convicted or found guilty of—

(i)a drug driving offence referred to in section 89D; or

(ii)an offence referred to in section 89(4) of the Sentencing Act 1991; and

(b)the person's driver licence or learner permit is suspended as a result of that conviction or finding of guilt—

the Corporation must cancel any driver licence or learner permit held by the person unless it is satisfied that the person has completed the first-stage behaviour change program specified in the notice under section 58E within the period specified in that notice.

(4)A person—

(a)whose driver licence or learner permit is cancelled under subsection (3); or

(b)who, if the person had held a driver licence or learner permit at the relevant time, would have had that driver licence or learner permit cancelled under subsection (3)—

is disqualified from obtaining a driver licence or learner permit until the Corporation is satisfied that the person has completed the first-stage behaviour change program referred to in that subsection.

(5)Subsections (1) and (3) do not apply if, under the regulations, the person is not required to complete a first-stage behaviour change program.

(6)If a person is charged with an offence under section 49(1) and on the hearing the court releases the person on an undertaking being given by the person under section 75(1) of the Sentencing Act 1991, the court must—

(a)attach to the undertaking a condition that the person completes a first-stage behaviour change program; and

(b)notify the Corporation of the undertaking.

58DRequirement to complete second-stage behaviour change program

(1)The regulations may require a person to complete a second-stage behaviour change program before the person may apply for the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit under this Act.

(2)A requirement referred to in subsection (1) may be prescribed by the regulations to apply to—

(a)all persons whose driver licence or learner permit is subject to an alcohol interlock condition imposed under this Act; or

(b)a class of persons whose driver licence or learner permit is subject to an alcohol interlock condition imposed under this Act.

58ECorporation to notify person of behaviour change program

(1)The Corporation must give notice in accordance with this section to the following—

(a)a person who is required to complete a first-stage behaviour change program before the person may apply for a licence eligibility order under section 31B;

(b)a person who is required under section 58C(1) or 58F(2)(a) to complete a first-stage behaviour change program before the Corporation may issue a driver licence or learner permit to the

person;

(c)a person who is required under section 58C(3) or 58F(2)(b) to complete a first-stage behaviour change program within a specified period;

(d)a person who is required to complete a first-stage behaviour change program as a condition of an undertaking given by the person under section 75(1) of the Sentencing Act 1991;

(e)a person who is required under the regulations to complete a second‑stage behaviour change program before the person may apply under section 50AAB or 50AAAB for the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit under this Act.

(2)The notice must be in writing and—

(a)state the behaviour change program that the person is required to complete; and

(b)contain the prescribed information; and

(c)in the case of a person referred to in subsection (1)(c), state—

(i)the date (being not less than 3 months after the date of the notice) by which the person must complete the behaviour change program; and

(ii)that if the person fails to complete the behaviour change program before that date, the Corporation will cancel any driver licence or learner permit held by the person and the person will be disqualified from obtaining a driver licence or learner permit until the person completes the program.

58FBehaviour change program for interstate offences

(1)This section applies to a person to whom section 31KB applies.

Note

Section 31KB applies to a person who holds a licence or permit issued in another State or a Territory that is subject to an alcohol interlock condition or who was, but is no longer, prevented under section 23A or disqualified under section 25(3) from obtaining a driver licence or learner permit because the person was disqualified from driving or obtaining a driver licence or learner permit in that other State or Territory as a result of a corresponding interstate drink-driving offence.

(2)The Corporation must require the person to complete a first-stage behaviour change program specified in the notice under section 58E or contained in the information given to the person under subsection (4)—

(a)before a driver licence or learner permit is issued to the person; or

(b)within the period specified in the notice or contained in the information.

Note

Under section 31KB, a driver licence or learner permit granted by the Corporation to a person to whom that section applies must be made subject to an alcohol interlock condition.  Before the alcohol interlock condition is removed, the person may be required to complete a second-stage behaviour change program—see section 58D.

(3)Subsection (2) does not apply if, under the regulations, the person is not required to complete a first-stage behaviour change program.

(4)If it is not practicable to give notice to the person in accordance with section 58E, the Corporation must ensure that the person is given the information referred to in section 58E(2) in writing when the person applies for a driver licence or learner permit.

(5)For the purposes of this Act, any information given to a person under subsection (4) is taken to have been given by notice under section 58E.

58GRequirement to complete behaviour change program does not affect any penalty

A requirement to complete a behaviour change program in relation to an offence is in addition to, and does not limit or otherwise affect, any penalty that may be imposed in respect of the offence.

58HEvidence of completion of behaviour change program invalid, false or issued in error

(1)This section applies if—

(a)the Corporation or a court has accepted written evidence of a person having completed a behaviour change program; and

(b)after issuing a driver licence or learner permit to the person on the basis of that evidence having been accepted, the Corporation becomes aware that the evidence is invalid, false or issued in error.

(2)The Corporation must—

(a)suspend any driver licence or learner permit held by the person; or

(b)if the driver licence or learner permit is already suspended—further suspend the driver licence or learner permit from the date of expiry of the existing suspension; or

(c)if the person does not hold a driver licence or learner permit—disqualify the person from driving a motor vehicle on a road in Victoria and disqualify the person from obtaining a driver licence or learner permit.

(3)A suspension, further suspension or disqualification under subsection (2) remains in effect until the Corporation is satisfied that the person has completed the behaviour change program specified in the notice under section 58E.

Division 2—Approval of behaviour change program and providers of behaviour change program

58ICorporation may approve behaviour change program

(1)The Corporation may approve, in writing, a first-stage behaviour change program to be provided by an approved provider to persons who are required under this Act to complete a first-stage behaviour change program.

(2)The Corporation may approve, in writing, a second-stage behaviour change program to be provided by an approved provider to persons who are required under the regulations to complete a second-stage behaviour change program.

(3)The Corporation may approve a first-stage behaviour change program to be provided to a class of persons required to complete a first-stage behaviour change program.

(4)The Corporation may approve a second-stage behaviour change program to be provided to a class of persons required to complete a second-stage behaviour change program.

Example

The Corporation may approve a second-stage behaviour change program that is to be provided only to repeat offenders.

58JCorporation may approve provider of behaviour change program

(1)The Corporation may approve, in writing, a person or body to be a provider of a behaviour change program for the purposes of this Act.

(2)The Corporation may determine the process for approving providers and the requirements an applicant must meet to be considered for approval.

(3)At any time, the Corporation may, by giving written notice to the person or body concerned, vary the approval of that person or body under this section.

Example

The Corporation may vary the behaviour change program that the person or body is approved to provide.

(4)The Corporation must not take action under subsection (3) unless it has allowed the person or body at least 10 working days to make written representations about the proposed action.

58KConditions etc. on approval of providers

(1)An approval under section 58J may be given subject to any specified condition, limitation or restriction that the Corporation considers appropriate.

(2)At any time, the Corporation may, by giving written notice to the person or body concerned—

(a)vary or revoke a condition, limitation or restriction to which the approval is subject; or

(b)make the approval subject to a new condition, limitation or restriction.

(3)The Corporation must not take action under subsection (2) unless it has allowed the person or body at least 10 working days to make written representations about the proposed action.

58LCancellation or suspension of approval of provider

(1)The Corporation may, by giving written notice to an approved provider, cancel or suspend the provider's approval under section 58J if the Corporation is satisfied that the provider—

(a)has failed to comply with any condition, limitation or restriction to which the approval is subject; or

(b)has failed to provide a behaviour change program to the satisfaction of the Corporation.

(2)The Corporation must not take action under subsection (1) unless it has allowed the approved provider at least 10 working days to make written representations about the proposed action.

58MReview by Tribunal

(1)A person or body whose interests are affected by a decision of the Corporation under section 58L to cancel or suspend an approval may apply for review of the decision to VCAT.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if the person or body requests a statement of reasons for the decision under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the day on which—

(i)the statement is given to the person or body; or

(ii)the person or body is informed under section 46(5) of that Act that the statement will not be given.

Division 3—Fees relating to behaviour change program

58NPayment of fee

(1)A person participating in a behaviour change program must pay to the approved provider who is providing the program—

(a)any commercial charge set by the approved provider for participating in the behaviour change program; and

(b)in the case of a first-stage behaviour change program—the fee determined by the Corporation under section 58P(1).

(2)An approved provider must refund the fee payable under subsection (1)(b) to the person if the approved provider—

(a)fails to provide the first-stage behaviour change program at the time agreed with the person; and

(b)either—

(i)is unable to reach agreement with the person as to an alternative time at which to provide the program; or

(ii)fails to provide the first-stage behaviour change program at an alternative time agreed with the person.

58OApproved provider to give information and fees to Corporation

(1)An approved provider must give to the Corporation the information required by the Corporation relating to each behaviour change program provided by the approved provider.

(2)The information required by the Corporation under subsection (1) may include the details of the participants in the behaviour change program.

(3)The approved provider must give the information in the manner and within the time determined by the Corporation.

(4)In the case of a first-stage behaviour change program, the information given to the Corporation under subsection (1) must be accompanied by any fees paid to the approved provider under section 58N(1)(b) by the participants in the program.

58PCorporation may determine fees

(1)The Corporation may determine from time to time the fee to be imposed on persons for participating in a first-stage behaviour change program conducted by an approved provider.

(2)A determination under subsection (1) must be made by notice published in the Government Gazette.

(3)In determining the amount of the fee, the Corporation must ensure that the total fees collected do not exceed the costs of the implementation and administration of the behaviour change program scheme established under this Part.

(4)The determination may provide that a concessional rate of the fee applies to a specified class of persons.

Division 4—Participation in and completion of behaviour change program

58QReferral to medical or other therapeutic services

(1)An approved provider may, as part of a behaviour change program, refer a participant in the program to medical or other therapeutic services.

(2)Any fee or other cost associated with the attendance by the person at the provider of medical or other therapeutic services to which the person has been referred under subsection (1)—

(a)must be paid by the person; and

(b)does not form part of the fee for the behaviour change program determined by the Corporation under section 58P(1).

58RCertificate of completion

(1)If a person completes a behaviour change program, the approved provider of the program must prepare a certificate of completion, in the form approved by the Corporation, certifying that the person has completed the program.

(2)The certificate of completion must state whether the person has been referred to a medical or other therapeutic service as part of the behaviour change program.

(3)The approved provider must provide a copy of the certificate of completion to—

(a)the person who completed the behaviour change program; and

(b)any other person prescribed by the regulations.

(4)If a copy of a certificate of completion is required to be provided to a court, the person who completed the behaviour change program must provide a copy of the certificate to the court unless the regulations provide otherwise.".

25Definitions for Part 6AB

In section 84BJ(1) of the Principal Act, the definition of approved provider is repealed.

26Repeal of Schedule 1A

Schedule 1A to the Principal Act is repealed.

Division 3—Increased penalties for drug driving offences

27Provisions about cancellation and disqualification

In section 50(1E) of the Principal Act—

(a)in paragraph (a), for "3 months" substitute "6 months";

(b)in paragraph (b), for "6 months" substitute "12 months".

28Suspension of licence or permit for excessive speed infringement or drug-driving infringement

In section 89D(1AA)(b) of the Principal Act, for "3 months" substitute "6 months".

Division 4—Drinking while driving infringements

29Definitions

(1)In section 3(1) of the Principal Act, the definition of drinking while driving infringement is repealed.

(2)In section 3(1) of the Principal Act, paragraph (g) of the definition of traffic infringement is repealed.

30Traffic infringements

(1)In section 88(1) of the Principal Act omit ", or that is a drinking while driving infringement,".

(2)In section 88(5) of the Principal Act omit "(other than a drinking while driving infringement)".

(3)Section 88(5A) of the Principal Act is repealed.

PART 2.3—IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF MOTOR VEHICLES

31Definitions for Part 6A

(1)In section 84C(1) of the Principal Act, the definitions of tier 1 relevant offence and tier 2 relevant offence are repealed.

(2)In section 84C(1) of the Principal Act, for the definition of relevant offence substitute—

"relevant offence means—

(a)any of the following offences—

(i)an offence against section 18(1), other than an offence to which section 18(2) applies;

(ii)an offence against section 30(1);

(iii)an offence against section 49(1)(b), (bc), (f), (g) or (j) in circumstances where the concentration of alcohol—

(A)present in the blood of the person was 0∙10 grams or more per 100 millilitres of blood; or

(B)present in the breath of the person was 0∙10 grams or more per 210 litres of exhaled air;

(iv)an offence against section 50AAD(1);

(v)an offence against section 64(1)—

(A)in circumstances involving improper use of a motor vehicle; or

(B)in circumstances where the motor vehicle is driven at 45 kilometres per hour or more over the applicable speed limit; or

(C)in circumstances where the applicable speed limit is 110 kilometres per hour and the motor vehicle is driven at a speed of 145 kilometres per hour or more;

(vi)an offence against section 64A(1);

(vii)an offence against section 65(1) in circumstances involving improper use of a motor vehicle;

(viii)an offence against section 65A(1);

(ix)an offence against section 65B or rule 20 of the Road Rules in circumstances where—

(A)the motor vehicle is driven at 45 kilometres per hour or more over the applicable speed limit; or

(B)the applicable speed limit is 110 kilometres per hour and the motor vehicle is driven at a speed of 145 kilometres per hour or more;

(x)an offence against section 65C(1);

(xi)an offence against section 68(1) or (2);

(xii)an offence against section 68B;

(xiii)an offence against rule 265(4), 266(1), 268(4A) or 268(4B) of the Road Rules in circumstances where the number of passengers in the motor vehicle exceeds the number of seats available to them in the motor vehicle;

(xiv)an offence against rule 291 of the Road Rules in circumstances involving the improper use of a motor vehicle;

(xv)an offence against rule 297 of the Road Rules in circumstances involving the improper use of a motor vehicle;

(xvi)an offence against section 319AA(1) of the Crimes Act 1958;

(b)any of the following offences where, within the period of 6 years immediately preceding the commission of the offence, the driver of the motor vehicle has committed the same offence, any other of the following offences or an offence referred to in paragraph (a)—

(i)an offence against section 49(1)(bb), (h) or (i);

(ii)an offence against section 49(1)(b), (bc), (f), (g) or (j) in circumstances where section 52 does not apply to the person and the concentration of alcohol—

(A)present in the blood of the person was less than 0∙10 grams per 100 millilitres of blood; or

(B)present in the breath of the person was less than 0∙10 grams per 210 litres of exhaled air;

(iii)an offence against section 49(1)(b), (bc), (f), (g) or (j) where the concentration of alcohol present in the blood or breath of the person was any concentration greater than zero and section 52 applied to the person at the time of the offence;".

(3)Section 84C(3A) of the Principal Act is repealed.

32Section 84E repealed

Section 84E of the Principal Act is repealed.

33Impoundment or immobilisation order

For section 84S(1) of the Principal Act substitute—

"(1)On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found

guilty of a relevant offence and within the 6 years immediately preceding the commission of that offence the driver has committed one or more other relevant offences, the relevant court must order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence before the court or a substituted motor vehicle—

(a)be impounded or immobilised for—

(i)a period of 45 days; or

(ii)on the application of the Chief Commissioner of Police, any longer period not exceeding 3 months in total (including any period of impoundment or immobilisation during the designated period); or

(b)be forfeited to the Crown by order under section 84T(1).

Notes

1     Section 84Z allows a court to decline to make an impoundment or immobilisation order in certain circumstances.

2     An application under section 84ZG for a search and seizure warrant may be heard and determined immediately after an application under section 84U(1) if an impoundment or immobilisation order is made.".

34Forfeiture order

For section 84T(1) of the Principal Act substitute—

"(1)On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found

guilty of a relevant offence and within the period of 6 years immediately preceding the commission of that offence the driver has committed 2 or more other relevant offences, the relevant court may order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence before the court or a substituted motor vehicle be forfeited to the Crown.".

35Application for an impoundment or immobilisation order or a forfeiture order

(1)In section 84U(1)(b) of the Principal Act omit "unless subsection (1A) applies,".

(2)Section 84U(1A) of the Principal Act is repealed.

36Notice of application

In section 84W(1) of the Principal Act—

(a)in paragraph (c), for "sought; and" substitute "sought.";

(b)paragraph (d) is repealed.

37Notice where 2 or more offences charged

In section 84Y(5)(a) and (c) of the Principal Act omit "tier 2".

38Direction not to transfer registration or register motor vehicle

In section 84YA(3)(b)(i) and (iii) of the Principal Act omit "tier 2".

39Application to register financing statement after giving notice of intention to sell etc.

Section 84ZQB(2) of the Principal Act is repealed.

PART 2.4—DRIVER LICENCES

40Offence if driver not licensed

For section 18(1), (1A), (2) and (3) of the Principal Act substitute—

"(1)A person must not drive a motor vehicle on a highway unless the person—

(a)holds a driver licence or learner permit which authorises the person to drive that category of motor vehicle; or

(b)holds a licence or permit issued in another State, a Territory or another country and is authorised by the regulations to drive that category of motor vehicle; or

(c)is otherwise authorised by the regulations to drive that category of motor vehicle.

(1A)Unless subsection (2) or (3) applies, a person who commits an offence under subsection (1) is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months.

(2)If the court is satisfied—

(a)the person has held an appropriate licence (whether issued in Victoria or in another State or a Territory) or a licence issued in another country at some time before the commission of an offence under subsection (1); and

(b)the licence was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in Victoria or in another State or a Territory—

the person is liable to a penalty not exceeding 10 penalty units or to imprisonment for not more than one month.

(3)If the court is satisfied—

(a)that the person was disqualified under this Act or the Sentencing Act 1991 from obtaining a driver licence or learner permit; and

(b)that the person has ceased to be disqualified from obtaining a driver licence or learner permit; and

(c)that—

(i)the Magistrates' Court would have had power to give an alcohol interlock condition direction had the person applied for a licence eligibility order or, having applied for such an order, had the Court not refused to make it; or

(ii)the person is a person to whom section 31KA or 31KB applies and, had the person applied for and been granted a driver licence or learner permit, the Corporation would have had power to impose an alcohol interlock condition on the driver licence or learner permit—

the person is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months.".

41New section 18AA inserted

After section 18 of the Principal Act insert—

"18AA   Driving in breach of licence condition

(1)The holder of a driver licence or learner permit must not drive a motor vehicle on a highway in breach of any condition of the driver licence or learner permit.

Penalty:20 penalty units.

(2)A person authorised to drive a motor vehicle on a highway because the person holds an appropriate licence or permit issued in another State, a Territory or another country must not drive a motor vehicle on a highway in breach of any condition of that licence or permit.

Penalty:20 penalty units.

(3)For the purposes of subsections (1) and (2), a person does not breach a condition of a driver licence or learner permit, or of a licence or permit issued in another State, a Territory or another country, if the regulations provide that the condition does not apply to the person at the time the person is driving the motor vehicle on the highway.

(4)For the purposes of subsection (2), a person who—

(a)is authorised to drive a motor vehicle on a highway because the person holds a licence issued in another country; and

(b)drives a motor vehicle that has a GVM of not more than 4·5 tonnes—

is not in breach of a condition of that licence merely because the GVM of the motor vehicle exceeds any limit to which the licence is subject.

(5)A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition does not commit an offence under subsection (1) if the person rides a motor cycle that is not fitted with an alcohol interlock while undertaking the

on-road component of a motor cycle learner permit assessment.".

42New sections 18B and 18C inserted

After section 18A of the Principal Act insert—

"18B   Corporation may retain and check validity of licence documents

(1)For the purposes of this section, a licence document is any driver licence, learner permit or other document that purports to authorise the holder of the licence document to drive a motor vehicle on a highway whether the licence document was—

(a)issued by the Corporation; or

(b)issued in another State or a Territory or another country.

(2)The Corporation may retain any licence document for the purpose of checking its validity.

(3)If the Corporation retains the licence document of a person under subsection (2), the Corporation must—

(a)give the person a copy of the licence document that has been stamped by the Corporation and specifies the period (the effective period) during which the copy of the licence document may be relied on as evidence that the person is authorised to drive a motor vehicle on a highway; and

(b)subject to section 18C, return the original of the licence document to the person before the expiry of the effective period.

(4)If, at any time during the effective period specified on the copy of a licence document provided to a person by the Corporation under subsection (3), the person is required under this Act to produce the person's driver licence document or learner permit document, the person meets that requirement by producing the copy of the licence document.

18CCorporation may confiscate and destroy licence document believed to be false, etc.

If the Corporation reasonably believes that a licence document retained under section 18B is false, fraudulent or counterfeit or has been improperly obtained, the Corporation may—

(a)confiscate the licence document; and

(b)destroy the licence document.".

43Cancellation, suspension or variation of licences and permits by Corporation

In section 24(3) of the Principal Act, for "bodily infirmity, defect or incapacity" substitute "disability, medical condition or injury".

44Power of Corporation to require tests to be undergone

In section 27(1A) of the Principal Act, for "exempted under the regulations from the requirement under section 18(1)(a) to hold a driver licence or learner permit" substitute "authorised under the regulations to drive a motor vehicle on a highway".

45Disqualified person must not apply for licence or permit

(1)In section 28B(1) of the Principal Act, after "this Act," insert "the regulations,".

(2)In the penalty at the foot of section 28B(1) of the Principal Act, for "5 penalty units" substitute "10 penalty units".

46Offence to drive while disqualified etc.

(1)For the penalty at the foot of section 30 of the Principal Act substitute—

"Penalty:240 penalty units or imprisonment for 2 years.".

(2)After section 30(1) of the Principal Act insert—

"(2)Subsection (1) does not apply to a person who is undergoing a driving assessment or driving under instruction in accordance with the regulations.".

47Offence to employ unlicensed driver

(1)For section 32(1) and (2) of the Principal Act substitute—

"(1)A person must not employ or engage a person, whether under a contract of employment or as a voluntary worker, to drive a motor vehicle on a highway if the driver does not hold a licence or permit that authorises the driver to drive the motor vehicle.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(2)A person who employs or engages a driver does not commit an offence against subsection (1) if—

(a)the person presents or points to evidence that suggests a reasonable possibility that—

(i)before employing or engaging the driver, the person made all enquiries that were reasonable in the circumstances; and

(ii)after doing so, believed on reasonable grounds that the driver held a licence or permit that authorised the driver to drive the motor vehicle; and

(b)the contrary is not proved (beyond reasonable doubt) by the prosecution.

(2A)If a person—

(a)employs or engages another person, whether under a contract of employment or as a voluntary worker, to drive a motor vehicle on a highway; and

(b)becomes aware that the other person does not hold, or no longer holds, a licence or permit that authorises the other person to drive the motor vehicle—

the person must not continue to employ or engage the other person to drive the motor vehicle.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.".

(2)At the foot of section 32(3) of the Principal Act insert—

"Penalty:10 penalty units.".

48New section 32A inserted

After section 32 of the Principal Act insert—

"32A   Offence to allow, permit or cause unlicensed driver to drive motor vehicle

A person must not allow, permit or cause another person to drive a motor vehicle on a highway knowing that the other person does not hold a licence or permit that authorises the other person to drive the motor vehicle.

Penalty:60 penalty units or imprisonment for 6 months.".

49Interpretation

In section 34 of the Principal Act, in paragraph (b) of the definition of unlicensed driver, for "exempts the person under the regulations from the requirements of section 18(1)(a)" substitute "under the regulations authorises the person to drive a motor vehicle on a highway".

50Cancellation of licence or permit for drink-driving infringements

In section 89C(3A)(a) of the Principal Act, for "exempted under the regulations from the requirements of section 18(1)(a)" substitute "authorised under the regulations to drive a motor vehicle on a highway".

51Suspension of licence or permit for excessive speed infringement or drug-driving infringement

In section 89D(1A)(a) of the Principal Act, for "exempted under the regulations from the requirements of section 18(1)(a)" substitute "authorised under the regulations to drive a motor vehicle on a highway".

52Schedule 5 amended

In Schedule 5 to the Principal Act, in Column 2 of items 1 and 4, for "1 month" substitute "3 months".

PART 2.5—DEMERIT POINTS SCHEME

53Power of court to cancel, suspend or vary licences and permits

The note at the foot of section 28(7) of the Principal Act is repealed.

54Demerit point option notice

(1)After section 36(1) of the Principal Act insert—

"(1A)For the purposes of subsection (1), if a person's driver licence or learner permit is cancelled or suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act, the person is taken not to be the holder of that driver licence or learner permit.

Note

If a person to whom subsection (1A) applies has incurred the relevant number of demerit points referred to in subsection (1), the person does not have the option of extending the demerit point period and the Corporation must suspend the person's driver licence or learner permit under this Division. See section 41A.".

(2)For section 36(4)(b) and (c) of the Principal Act substitute—

"(b)a person's driver licence or learner permit is suspended under this Division; or

(c)a person is disqualified under Division 4 from driving and from obtaining a driver licence or learner permit—".

55Extended demerit point period

Section 38(2) and (3) of the Principal Act are repealed.

56Person elects to extend demerit point period and incurs no additional demerit points

For section 39(1) of the Principal Act substitute—

"(1)This section applies if—

(a)a person on whom a demerit point option notice is served notifies the Corporation in accordance with section 38(1) that the person elects to extend the demerit point period; and

(b)the person incurs no additional demerit points in relation to any offence committed within the extended demerit point period; and

(c)the driver licence or learner permit of the person has not been cancelled or suspended for a driving offence (whether the cancellation or suspension is imposed under this Act or otherwise) during the extended demerit point period.".

57Person elects to extend demerit point period and incurs additional demerit points

(1)In the heading to section 40 of the Principal Act, after "points" insert "or has driver licence or learner permit cancelled or suspended for a driving offence".

(2)For section 40(1) of the Principal Act substitute—

"(1)This section applies if—

(a)a person on whom a demerit point option notice is served notifies the Corporation in accordance with section 38(1) that the person elects to extend the demerit point period; and

(b)either—

(i)the person incurs one or more additional demerit points in relation to an offence committed within the extended demerit point period; or

(ii)the driver licence or learner permit of the person has been cancelled or suspended for a driving offence (whether the cancellation or suspension is imposed under this Act or otherwise) during the extended demerit point period.".

58New section 41A inserted

After section 41 of the Principal Act insert—

"41A   Persons whose driver licence or learner permit is suspended or cancelled

(1)The Corporation must suspend under this Division, for the period calculated in accordance with subsection (2), a person's driver licence or learner permit that is cancelled or suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act if—

(a)that driver licence or learner permit—

(i)is a full driver licence; or

(ii)is a learner permit or probationary driver licence and the person also holds, or has held, a full driver licence; and

(b)the person incurs 12 or more demerit points within any 3 year period.

(2)For the purposes of subsection (1), the period for which a person's driver licence or learner permit must be suspended is as follows—

(a)3 months; and

(b)an additional one month for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the demerit point option notice.

(3)The Corporation must suspend under this Division, for the period calculated in accordance with subsection (4), a person's driver licence or learner permit that is cancelled or suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act if—

(a)that driver licence or learner permit is a learner permit or probationary driver licence and the person does not hold, and has never held, a full driver licence; and

(b)the person incurs—

(i)5 or more demerit points within any 12 month period; or

(ii)12 or more demerit points within any 3 year period.

(4)For the purposes of subsection (3), the period for which a person's driver licence or learner permit must be suspended is as follows—

(a)if the person incurred 12 or more demerit points within a 3 year period but not 5 or more within a 12 month period—

(i)3 months; and

(ii)an additional one month for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the demerit point option notice; or

(b)if the person incurred 5 or more demerit points within a 12 month period—

(i)3 months; and

(ii)an additional one month for each 4 demerit points in excess of the 5 recorded against the person as at the date of issue of the demerit point option notice.

(5)If the Corporation suspends a person's driver licence or learner permit under this section, the Corporation must serve on the person a notice containing the prescribed particulars and specifying the date on which the suspension takes effect.

(6)When calculating demerit points recorded against the person at any time after the end of the period of suspension, the Corporation must disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice.".

59Suspension of driver licence or learner permit under this Division

(1)The notes at the foot of section 42(1) and (2) of the Principal Act are repealed.

(2)After section 42(2) of the Principal Act insert—

"(2A)The suspension of a driver licence or learner permit under section 41A(1) or (3)—

(a)takes effect on and from the date determined by the Corporation and specified in the notice served under section 41A(5); and

(b)operates concurrently with the period for which the person's driver licence or learner permit is suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act, or the period for which the person is disqualified from obtaining a driver licence or learner permit (as the case may be).".

(3)After section 42(4) of the Principal Act insert—

"(5)The Corporation may determine a date as the date on which a suspension under this Division takes effect even if on or before that date the driver licence or learner permit is cancelled or suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act.

Example

A person who elects to extend the demerit point period has their driver licence suspended for 3 months for a driving offence that does not attract demerit points. The person had incurred 16 demerit points at the time of the demerit point option notice and, under section 40(2) faces an 8 month suspension under this Division. The Corporation may determine that the 8 month suspension under this Division takes effect on the same day as that on which the 3 month suspension takes effect, allowing the 2 suspensions to operate concurrently.".

60New section 44 substituted

For section 44 of the Principal Act substitute—

"44   Suspension of driver licence or learner permit cancelled or suspended other than under this Division

(1)If a driver licence or learner permit suspended under this Division is suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act, the suspension does not affect the period of suspension under this Division.

Example

3 months into a 10 month suspension under this Division, a person has their driver licence suspended by a court for 6 months. At the conclusion of that period of 6 months, the person's driver licence remains suspended for a further one month period (i.e. until the 10 month period of suspension originally imposed under this Division has elapsed).

(2)If a driver licence or learner permit suspended under this Division is cancelled by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act, the person remains disqualified from obtaining a driver licence or learner permit until the period for which the person's driver licence or learner permit was suspended under this Division has elapsed.

Example

One month into a 6 month suspension under this Division, a person has their driver licence cancelled by a court and is disqualified from driving and obtaining a driver licence or learner permit for 3 months.  At the conclusion of that period of 3 months, the person remains disqualified from obtaining a driver licence or learner permit for a further period of 2 months (i.e. until the 6 month period of suspension originally imposed under this Division has elapsed).".

61Appeal to Magistrates' Court

In section 46H(1) of the Principal Act, for "(3)(a) or 41" substitute "(3)(a), 41 or 41A(1) or (3)".

PART 2.6—SERVICE OF NOTICES

62Person fails to elect to extend demerit point period

For section 41(3) of the Principal Act substitute—

"(3)If the demerit point option notice is returned to the Corporation as undelivered to the person, the Corporation may take the action under subsection (2).".

63Suspension of driver licence or learner permit under this Division

For section 42(2) of the Principal Act substitute—

"(2)The suspension of a driver licence or learner permit under section 41(2) takes effect on and from the date determined by the Corporation and specified in the demerit point option notice served under section 36(1).".

64Sections 60, 60A and 84BE amended

In sections 60(6), 60A(6) and 84BE(9) of the Principal Act, for "14 days" substitute "7 days".

65Service of notices

After section 93(3) of the Principal Act insert—

"(4)A notice, other than a traffic infringement notice, served by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act2006) and returned undelivered to its sender is deemed to be served 7 days after the date specified in the notice as the date of the notice, despite it being returned to the sender as undelivered.

(5)Despite subsection (4), if—

(2)The transport safety officer or police officer may, for the purposes of carrying out a drug screening test, require the rail safety worker to place a prescribed device, or the collection unit of a prescribed device, into the worker's mouth and carry out the physical actions that are necessary to ensure that, in the opinion of the officer, a sufficient sample of oral fluid has been captured by the device or unit.

(3)A device prescribed for the purposes of carrying out drug screening tests may be comprised of a collection unit and a testing unit and one or more other parts.

(4)The transport safety officer or police officer who carries out a drug screening test may give any reasonable direction as to the physical actions that are necessary for the test to be carried out.

(5)The rail safety worker must remain at the place at which the drug screening test is being carried out until the sample of oral fluid collected in accordance with subsection (2) has been tested by a prescribed device.

(6)The rail safety worker is not obliged to undergo a drug screening test under this section if more than 3 hours have passed since the worker—

(a)last carried out or attempted to carry out rail safety work; or

(b)was involved in a prescribed notifiable occurrence.

(7)The Safety Director or the National Rail Safety Regulator may only authorise a transport safety officer for the purposes of this section if satisfied that the transport safety officer has the appropriate training to carry out a drug screening test.

86CBOral fluid analysis

(1)This section applies if a rail safety worker is—

(a)required—

(i)to submit to an assessment of drug impairment under section 86B; or

(ii)to submit to a drug screening test under section 86A; and

(b)in the opinion of the transport safety officer or police officer who carries out that assessment or test—

(i)the assessment or test indicates that the worker's oral fluid contains a prescribed drug; or

(ii)the worker has refused or failed to carry out the assessment or test in the manner described in section 86C or 86CA(2) (as the case requires).

(2)A transport safety officer or police officer authorised for the purposes of this section may require the rail safety worker to provide a sample of oral fluid for testing by a prescribed device.

(3)If a transport safety officer or police officer authorised for the purposes of this section considers it necessary, the officer may require the rail safety worker to provide a sample of oral fluid for analysis by a properly qualified analyst.

(4)If the transport safety officer or police officer considers it necessary for the purposes of subsection (2) or (3), the officer may require the rail safety worker—

(a)to accompany any transport safety officer or police officer to a place or vehicle where a sample is to be provided; and

(b)to remain there until the earlier of the following—

(i)the worker has provided the sample and any further sample required to be provided under subsection (5) and the sample has been tested by a prescribed device;

(ii)3 hours after the worker last carried out or attempted to carry out the rail safety work or was involved in a prescribed notifiable occurrence.

(5)The transport safety officer or police officer who required a sample of oral fluid to be provided under subsection (2) may require the rail safety worker who provided it to provide one or more further samples if it appears to the officer that the prescribed device is incapable of testing for the presence of a prescribed drug in the sample or samples because—

(a)the amount of sample provided was insufficient; or

(b)of a power failure or malfunctioning of the device.

(6)If the transport safety officer or police officer requires a sample of oral fluid to be provided under subsection (3), the officer may require the rail safety worker who provided it to provide one or more further samples if it appears to the officer that the amount of sample provided was insufficient for the purposes of testing for the presence of a prescribed drug.

(7)Only the following persons may carry out the procedure for the provision of a sample of oral fluid under this section—

(a)a transport safety officer authorised in writing by the Safety Director or the National Rail Safety Regulator for the purposes of this section;

(b)a police officer authorised in writing by the Chief Commissioner of Police for the purposes of this section.

(8)The Safety Director, the National Rail Safety Regulator or the Chief Commissioner of Police may, as the case requires, authorise a transport safety officer or police officer for the purposes of this section if satisfied that the officer has the appropriate training to carry out the prescribed procedure for the provision of a sample.

(9)A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts.

86CCProvision of oral fluid samples for oral fluid analysis

(1)A rail safety worker required to provide a sample of oral fluid under section 86CB must do so by placing the prescribed device, or the collection unit of the device, into the worker's mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the transport safety officer or police officer to whom the sample is being provided, a sufficient sample of oral fluid has been captured by the device or unit.

(2)A transport safety officer or police officer who requires a rail safety worker to provide a sample of oral fluid under section 86CB may give any reasonable direction as to the physical actions that are necessary for the sample to be provided.

(3)A rail safety worker is not obliged to provide a sample of oral fluid under section 86CB if more than 3 hours have passed since the worker—

(a)last carried out or attempted to carry out rail safety work; or

(b)was involved in a prescribed notifiable occurrence.

(4)The provision of a sample of oral fluid under this section must be carried out in accordance with the prescribed procedure.

(5)A rail safety worker must not be convicted or found guilty of refusing to provide under section 86CB a sample of oral fluid if the worker satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against the worker.

(6)A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts.

86CDPart of oral fluid sample to be delivered to rail safety worker if drugs detected

If a test of a sample of oral fluid provided under section 86CB by a rail safety worker indicates, in the opinion of the transport safety officer or police officer who carried out the procedure in the course of which the sample was provided, that the oral fluid contains a prescribed drug, the officer may—

(a)if the officer who carried out the procedure was not the transport safety officer or police officer who required the sample to be provided, deliver a part of the sample to the officer who required the sample to be provided; and

(b)deliver another part of the sample to the worker.

86CERail safety worker required to provide oral fluid sample may request sample of blood to be taken

(1)This section applies if a rail safety worker is required under section 86CB to provide a sample of oral fluid.

(2)The rail safety worker may request the transport safety officer or police officer who required the sample to arrange for the taking in the presence of a transport safety officer or police officer of a sample of the worker's blood for analysis at the worker's own expense by a registered medical practitioner or an approved health professional nominated by the officer.

(3)Nothing in this section relieves a rail safety worker from any penalty under section 77(1)(da) for refusing to provide a sample of oral fluid.

86CFOfficer may require blood sample if oral fluid sample insufficient

(1)This section applies if a transport safety officer or police officer requires a rail safety worker to provide a sample of oral fluid under section 86CB for analysis and in the opinion of the officer—

(a)the worker is unable to furnish the required sample of oral fluid on medical grounds or because of some physical disability; or

(b)the prescribed device is incapable of testing for the presence in the sample of a prescribed drug for any reason whatsoever.

(2)The transport safety officer or police officer may require the rail safety worker to allow a registered medical practitioner or an approved health professional nominated by the officer who required the sample to take from the worker a sample of blood for analysis.

(3)For the purpose of subsection (2), a transport safety officer or police officer may require the rail safety worker—

(a)to accompany any transport safety officer or police officer to a place where the sample of the worker's blood is to be taken; and

(b)to remain there until the earlier of the following—

(i)the sample is taken;

(ii)3 hours after the worker last carried out or attempted to carry out rail safety work or was involved in a prescribed notifiable occurrence.

(4)A rail safety worker who allows the taking of a sample of the rail safety worker's blood in accordance with section 86CB must not be convicted or found guilty of refusing to provide a sample of oral fluid in accordance with this section.

(5)A rail safety worker must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other rail safety worker in accordance with this section.

Penalty:$10 000.

(6)No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood that the practitioner or approved health professional believed on reasonable grounds was required to be taken from any rail safety worker under this section.

86CGEvidentiary matters relating to oral fluid analysis

(1)Evidence derived from a sample of oral fluid provided following a requirement made under section 86CB or 86CF is not rendered inadmissible by a failure to comply with a request under section 86CE if reasonable efforts were made to comply with the request.

(2)In any proceeding under this Act, the following are admissible in evidence and, in the absence of evidence to the contrary, are proof of the authority of the transport safety officer or police officer (as the case requires)—

(a)the statement of a transport safety officer that on a particular date that officer was authorised for the purposes of section 86CA;

(b)a certificate purporting to be signed by the Safety Director or the National Rail Safety Regulator that a transport safety officer named in it was authorised for the purposes of section 86CA;

(c)the statement of a transport safety officer or police officer that on a particular date the officer was authorised for the purposes of section 86CB(8);

(d)a certificate purporting to be signed by the Safety Director, the National Rail Safety Regulator or the Chief Commissioner of Police that a transport safety officer or police officer named in it is authorised for the purposes of section 86CB(8).".

100New section 86D substituted

For section 86D of the Rail Safety (Local Operations) Act 2006 substitute—

"86D   Blood tests

(1)This section applies if a rail safety worker—

(a)is required by a transport safety officer or police officer to submit to a blood test under section 86A(1); or

(b)submits to an assessment of drug impairment when required under section 86B to do so and the assessment, in the opinion of the transport safety officer or police officer carrying it out, indicates that the rail safety worker may be impaired by a drug or drugs.

(2)A transport safety officer or police officer may require the rail safety worker to allow a registered medical practitioner or an approved health professional nominated by the officer to take from the worker a sample of that worker's blood for analysis.

(3)For the purpose of subsection (2), a transport safety officer or police officer may require the rail safety worker—

(a)to accompany any transport safety officer or police officer to a place where the sample of the worker's blood is to be taken; and

(b)to remain there until the earlier of the following—

(i)the sample is taken;

(ii)3 hours after the worker last carried out or attempted to carry out rail safety work or was involved in a prescribed notifiable occurrence.

(4)A transport safety officer or police officer must not require a rail safety worker to allow a sample of the worker's blood to be taken for analysis under subsection (2) if that worker has already had a sample of blood taken under section 86E after carrying out rail safety work.

(5)A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with this section.

Penalty:$10 000.

(6)No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood that the practitioner or approved health professional believed on reasonable grounds was required to be taken from any person under this section.

(7)If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 77(1)(b), a copy of a written report on that assessment prepared by the transport safety officer or police officer who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence.".

101Rail safety worker may request sample of blood to be taken for analysis

Section 86E(3) of the Rail Safety (Local Operations) Act 2006 is repealed.

102Blood samples to be taken in certain cases

In section 86H(3) of the Rail Safety (Local Operations) Act 2006—

(a)paragraph (b) is repealed;

(b)in paragraph (c), for "a rail safety worker; or" substitute "a rail safety worker.";

(c)paragraph (d) is repealed.

103Evidentiary provisions—blood tests

Section 86I(13)(b)(iv) of the Rail Safety (Local Operations) Act 2006 is repealed.

104Evidentiary provisions—oral fluid samples

(1)In section 86J(4)(a) of the Rail Safety (Local Operations) Act 2006 omit "to a registered medical practitioner or an approved health professional".

(2)In section 86J(5) of the Rail Safety (Local Operations) Act 2006, for "a registered medical practitioner or an approved health professional" substitute "the person who carried out the procedure in the course of which the sample was provided".

(3)In section 86J(11)(b)(ii) of the Rail Safety (Local Operations) Act 2006, for "by a registered medical practitioner or an approved health professional" substitute "under subsection (5)".

105Approvals

(1)In section 86L(1)(a) of the Rail Safety (Local Operations) Act 2006, for "or 86C(1)(b)" substitute ", 86C(1)(b) or 86CB".

(2)After section 86L(1)(a) of the Rail Safety (Local Operations) Act 2006 insert—

"(ab)section 86CA or 86CB by the National Rail Safety Regulator; or".

(3)In section 86L(1)(b) of the Rail Safety (Local Operations) Act 2006, after "86C(1)(a)" insert ", 86CA or 86CB".

PART 3.3—AMENDMENT OF RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013

106Disallowance of national regulations

In section 12(1)(b) of the Rail Safety National Law Application Act 2013, after "section 15(1)" insert "or 23(2)(a)(ii)".

107Part 6 of the Rail Safety (Local Operations) Act 2006 forms part of the Law with modifications

In section 43(3) of the Rail Safety National Law Application Act 2013, for "86D" substitute "86CA, 86CB, 86CF or 86D".

PART 3.4—AMENDMENT OF TOURIST AND HERITAGE RAILWAYS ACT 2010

108New section 6 substituted

For section 6 of the Tourist and Heritage Railways Act 2010 substitute—

"6   Appointment of Registrar

The Public Transport Development Authority must appoint a person employed by the Public Transport Development Authority under section 79BJ of the Transport Integration Act 2010 to be the Tourist and Heritage Railway Registrar.".

CHAPTER 4—AMENDMENT OF OTHER TRANSPORT RELATED LEGISLATION

PART 4.1—AMENDMENT OF TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014

109General powers on entry or boarding

In section 8(1)(i) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, after "offence against" insert "this Act or".

110Magistrates' Court may extend period of detention of vessel

In section 12(3) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—

(a)in paragraph (a), after "committed against" insert "this Act or";

(b)in paragraph (b), after "offence against" insert "this Act or".

111Extension of time for compliance with improvement notices

In section 59(4) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, in the definition of compliance period, after "notice" insert "served".

112Service of prohibition notice

At the foot of section 60(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—

"Note

A decision whether to serve a prohibition notice is a mandatory transport safety decision—see section 175 of the Transport Integration Act 2010.".

113Amendment of prohibition notice

(1)In section 64(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—

(a)omit "served";

(b)for "service" substitute "serving";

(c)omit "of" (where secondly occurring).

(2)In section 64(3) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "served" (where first occurring).

114Certificates confirming that matters that give rise to immediate risks to safety remedied

(1)In the heading to section 66 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, after "Certificates" insert "confirming".

(2)In section 66(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—

(a)for "a matter" substitute "the matter that";

(b)in paragraph (a) omit "that";

(c)in paragraph (b), before "specified" insert "is".

(3)In section 66(4) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—

(a)for "raised" substitute "stated";

(b)for "be operative on receipt by" substitute "operate when";

(c)for "of that" substitute "receives the".

115Proceedings for offences not affected by prohibition notices or certificates

In section 67(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—

(a)after "service" insert ", amendment";

(b)omit "or amendment of a prohibition notice".

116When Safety Director may carry out action

In section 68(2)(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "owner's or".

117Power of Safety Director to take other remedial action

For section 69(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 substitute—

"(1)This section applies if—

(a)the Safety Director reasonably believes that circumstances in which a prohibition notice can be served exist; and

(b)after taking reasonable steps, the Safety Director cannot find the person with control or management of the public transport premises or marine premises or vessel in relation to which the notice would be served.".

118Costs of remedial or other action

In section 70(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "to" substitute "on".

119Injunctions for non-compliance with notices

In section 82(2)(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "issued" substitute "served".

120Release on the giving of a safety undertaking

In section 113(3)(a) and (b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "; and" substitute "; or".

PART 4.2—AMENDMENT OF TRANSPORT ACCIDENT ACT 1986

121Transport accident charge

In section 109(4) of the Transport Accident Act 1986, for "6 months" substitute "3 months".

122New Division 12 of Part 11 inserted

After Division 11 of Part 11 of the Transport Accident Act 1986 insert—

"Division 12—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017

232Amendment of section 109 (transport accident charge)

Section 109, as amended by section 121 of the Transport Legislation Amendment (Road, Safety, Rail and Other Matters) Act 2017, applies to all transport accidents, regardless of when the accident occurred.".

PART 4.3—AMENDMENT OF MARINE (DRUG,
ALCOHOL AND POLLUTION CONTROL) ACT 1988

123Subject matter for regulations

In items 62CA and 62CB of Schedule 5 to the Marine (Drug, Alcohol and Pollution Control) Act 1988 omit "taken under section 31A".

PART 4.4—AMENDMENT OF PORT MANAGEMENT ACT 1995

124Statute law revision

(1)In section 49S(2)(a) of the Port Management Act 1995, for "risk and" substitute "risk; and".

(2)In section 49ZB(a)(i)(B), (a)(iii) and (b)(ii) of the Port Management Act 1995, for "provider" substitute "operator".

(3)In the heading to section 49ZD of the Port Management Act 1995, after "relation" insert "to".

CHAPTER 5—REPEAL OF AMENDING ACT

125Repeal of amending Act

This Act is repealed on 1 January 2021.

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).

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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: 2 November 2017

Legislative Council: 21 November 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Road Legislation Further Amendment Act 2016, the Rail Management Act 1996, the Rail Safety (Local Operations) Act 2006, the Rail Safety National Law Application Act 2013, the Tourist and Heritage Railways Act 2010, the Transport (Safety Schemes Compliance and Enforcement) Act 2014, the Transport Accident Act 1986, the Marine (Drug, Alcohol and Pollution Control) Act 1988 and the Port Management Act 1995 and for other purposes."