Untitled document
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
PART 2—AMENDMENT OF THE ROAD SAFETY
AMENDMENT (HOON DRIVING) ACT 2010
3Definitions
4Repeal of sections 18 and 20
5Amendment of section 29
6Application of proceeds of sale
7Repeal of sections 35 and 37
PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986
8Breath analysing instruments
9Improper use of motor vehicle
10Speed trials
11Insertion of definitions
12Period in which relevant offences can be taken into account
13New section 84TA inserted
84TAApplication to register financing statement after impoundment or immobilisation order or forfeiture
order
14New section 84WA inserted
84WAApplication to register financing statement after
serving notice of application
15New sections 84ZQB and 84ZQC inserted
84ZQBApplication to register financing statement after
giving notice of intention to sell etc.84ZQCApplication to register financing statement if motor vehicle vests in Crown
16New section 84ZUA inserted
17New section 84ZWA inserted
18New Division 6 inserted in Part 6A
Division 6—Inspection of impounded, immobilised or forfeited motor vehicles
84ZYPower to inspect motor vehicles
19Disqualification for drug-driving infringement
20New section 103ZD inserted
103ZDTransitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
21Statute law revision
PART 4—AMENDMENT OF THE POLICE REGULATION ACT 1958
22Disclosure of information
23Statute law revision
PART 5—REPEAL
24Repeal of amending Act
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ENDNOTES
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
No. 32 of 2011
[Assented to 29 June 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Road Safety Act 1986 and the Road Safety Amendment (Hoon Driving) Act 2010 in relation to impoundment, immobilisation and forfeiture of motor vehicles, loss of traction offences, speed trial offences, breath analysing instruments and drug-driving infringements; and
(b)to amend the Police Regulation Act 1958 to facilitate the disclosure of information required for financing statements and financing change statements under Part 6A of the Road Safety Act 1986; and
(c)to make minor amendments of a statute law revision nature.
2Commencement
(1)This Part comes into operation on the day on which this Act receives the Royal Assent.
(2)Section 23 is taken to have come into operation on 30 June 2010.
(3)Section 8 comes into operation on 1 July 2011.
(4)Subject to subsection (5), sections 11, 13, 14, 15, 16, 17 and 22 come into operation on a day to be proclaimed.
(5)If a provision referred to in subsection (4) does not come into operation before 1 February 2012, it comes into operation on that day.
(6)Subject to subsection (7), section 12 comes into operation on a day to be proclaimed.
(7)If section 12 does not come in operation before 1 July 2012, it comes into operation on that day.
(8)The remaining provisions of this Act come into operation on the day after the day on which this Act receives the Royal Assent.
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PART 2—AMENDMENT OF THE ROAD SAFETY AMENDMENT (HOON DRIVING) ACT 2010
3Definitions
(1)In section 4(1)(a) of the Road Safety Amendment (Hoon Driving) Act 2010, for "14 days" substitute "30 days".
(2)In section 4(1)(c) of the Road Safety Amendment (Hoon Driving) Act 2010, in the definition of tier 2 relevant offence, after paragraph (i) insert—
"(j)an offence against rule 265(3), 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;".
4Repeal of sections 18 and 20
Sections 18 and 20 of the Road Safety Amendment (Hoon Driving) Act 2010 are repealed.
5Amendment of section 29
(1)For the heading to section 29 of the Road Safety Amendment (Hoon Driving) Act 2010 substitute—
"New section 84ZQA inserted".
(2)In section 29 of the Road Safety Amendment (Hoon Driving) Act 2010—
(a)in proposed section 84ZQA(3) of the Road Safety Act 1986, for "expired." substitute 'expired.".'; and
(b)proposed sections 84ZQB and 84ZQC of the Road Safety Act 1986 are repealed.
6Application of proceeds of sale
In section 32 of the Road Safety Amendment (Hoon Driving) Act 2010—
(a)after "before" insert "the motor vehicle vested in the Crown or"; and
(b)after "took effect" insert "(as the case requires)".
7Repeal of sections 35 and 37
Sections 35 and 37 of the Road Safety Amendment (Hoon Driving) Act 2010 are repealed.
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PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986
8Breath analysing instruments
(1)In section 3(1) of the Road Safety Act 1986, in the definition of breath analysing instrument, after paragraph (a) insert—
'(ab)the apparatus known as the Alcotest 9510 AUS to which a plate is attached on which there is written, inscribed or impressed the numbers "8320869" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or'.
(2)In section 58(5) of the Road Safety Act 1986, for 'the expressions "Alcotest 7110" and "3530791" ' substitute—
'the expressions—
(a)"Alcotest 7110" and "3530791"; or
(b)"Alcotest 9510 AUS" and "8320869"—'.
9Improper use of motor vehicle
(1)After section 65A(2) of the Road Safety Act 1986 insert—
"(2A)Subsection (1) does not apply to a person who drives a motor vehicle in the manner described in subsection (1) on land other than a highway in the course of—
(a)an event or function that—
(i)is conducted at a motor sport venue; and
(ii)is authorised by the operator of the venue; or
(b)an event or function that—
(i)is organised, conducted or sanctioned by a motoring organisation; and
(ii)is conducted in accordance with the rules of conduct of the motoring organisation; or
(c)driver training that—
(i)is supervised by a person for financial gain or in the course of any trade or business; and
(ii)is conducted at a venue designed, or primarily used, for driver training or at a motor sport venue; or
(d)vehicle testing by, or authorised by, a manufacturer of vehicles or vehicle components; or
(e)training activities of Victoria Police.
(2B)In subsection (2A)—
motor sport venue means a permanent venue for motor sports that—
(a)has a permanent track; and
(b)is used for 2 or more motor sport events or functions each year; and
(c)is on land the use of which for motor sports and any development associated with that use is lawful.
Examples
1 Calder Park Raceway.
2 Sandown Motor Raceway.
3 Winton Motor Raceway.
(2C)Subsection (2A) does not affect any requirement made by or under any other Act.".
(2)In section 65A(3) of the Road Safety Act 1986—
(a)in paragraph (b), for "declaration." substitute "declaration; or"; and
(b)after paragraph (b) insert—
"(c)while the persons are participating in an activity, event or function, or a class of activities, events or functions, specified in the declaration.".
(3)In section 65A(5)(b) of the Road Safety Act 1986, for "organised and conducted by" substitute "sanctioned, or organised and conducted, by".
10Speed trials
In section 68(4) of the Road Safety Act 1986, for "organised and conducted by" substitute "sanctioned, or organised and conducted, by".
11Insertion of definitions
In section 84C(1) of the Road Safety Act 1986 insert the following definitions—
"Commonwealth Act means the Personal Property Securities Act 2009 of the Commonwealth;
Commonwealth Registrar means the Registrar of Personal Property Securities appointed under the Commonwealth Act;
financing change statement has the same meaning as in the Commonwealth Act;
financing statement has the same meaning as in the Commonwealth Act;".
12Period in which relevant offences can be taken into account
(1)In section 84S(1)(b) of the Road Safety Act 1986, for "3 years" substitute "6 years".
(2)In section 84T(1) of the Road Safety Act 1986, for "3 years" (wherever occurring) substitute "6 years".
(3)In section 84U(1)(b) of the Road Safety Act 1986, for "3 years" substitute "6 years".
13New section 84TA inserted
After section 84T of the Road Safety Act 1986 insert—
84TAApplication to register financing statement after impoundment or immobilisation order or forfeiture order"
(1)As soon as practicable after an impoundment or immobilisation order under section 84S or a forfeiture order under section 84T is made, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the order.
Note
A financing statement includes a statement of the reason why the property is registered.
(2)The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.".
14New section 84WA inserted
After section 84W of the Road Safety Act 1986 insert—
84WAApplication to register financing statement after serving notice of application"
(1)As soon as practicable after serving notice under section 84W(1) of an intended application, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the intended application.
Note
A financing statement includes a statement of the reason why the property is registered.
(2)The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.".
15New sections 84ZQB and 84ZQC inserted
After section 84ZQA of the Road Safety Act 1986 insert—
"84ZQB Application to register financing statement after giving notice of intention to sell etc.
(1)As soon as practicable after giving notice under section 84ZQA(1) of an intention to sell or otherwise dispose of a motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle.
Note
A financing statement includes a statement of the reason why the property is registered.
(2)The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.
84ZQCApplication to register financing statement if motor vehicle vests in Crown
(1)Within 7 days after a motor vehicle vests in the Crown under section 84ZQ(4), the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires), in respect of the motor vehicle.
Note
A financing statement includes a statement of the reason why the property is registered.
(2)The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.".
16New section 84ZUA inserted
After section 84ZU of the Road Safety Act 1986 insert—
"84ZUA Application to register financing statement after giving notice of application for disposal order
(1)As soon as practicable after giving notice under section 84ZU(1) of an intention to make application for a disposal order for a motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle.
Note
A financing statement includes a statement of the reason why the property is registered.
(2)The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.".
17New section 84ZWA inserted
After section 84ZW of the Road Safety Act 1986 insert—
"84ZWA Application to register financing statement after making of disposal order
(1)Within 7 days after the making of a disposal order under section 84ZW, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the order.
Note
A financing statement includes a statement of the reason why the property is registered.
(2)The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.".
18New Division 6 inserted in Part 6A
After Division 5 of Part 6A of the Road Safety Act 1986 insert—
Division 6—Inspection of impounded, immobilised or forfeited motor vehicles"
84ZYPower to inspect motor vehicles
(1)A member of the police force or a person referred to in section 13(6) may inspect at any reasonable time a motor vehicle that has been impounded, immobilised or forfeited under this Part if the member or person believes on reasonable grounds that the motor vehicle does not comply with this Act or the regulations.
(2)An inspection may include any tests which the inspecting member of the police force or person considers appropriate.
(3)If, on inspecting a motor vehicle, a member of the police force or a person referred to in section 13(6) discovers that the motor vehicle does not comply with this Act or the regulations, the member or person may take any action under section 14.".
19Disqualification for drug-driving infringement
In section 89D(1A) of the Road Safety Act 1986, after "excessive speed infringement" insert "or a drug-driving infringement".
20New section 103ZD inserted
After section 103ZC of the Road Safety Act 1986 insert—
"103ZD Transitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
(1)Sections 84S, 84T and 84U as amended by section 12 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 apply to—
(a)previous relevant offences committed on or after the commencement of section 12 of that Act; and
(b)previous relevant offences committed before the commencement of section 12 of that Act if the most recent relevant offence is alleged to have been committed on or after the commencement of section 12 of that Act.
(2)For the purposes of subsection (1), if a relevant offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 12 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011, the relevant offence is alleged to have been committed before the commencement of section 12 of that Act.
(3)Section 84TA as inserted by section 13 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to an impoundment or immobilisation order or a forfeiture order made on or after the commencement of section 13 of that Act, irrespective of when the offence is alleged to have been committed.
(4)Section 84WA as inserted by section 14 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84W(1) served on or after the commencement of section 14 of that Act, irrespective of when the offence is alleged to have been committed.
(5)Section 84ZQB as inserted by section 15 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84ZQA(1) given on or after the commencement of section 15 of that Act, irrespective of when the offence is alleged to have been committed.
(6)Section 84ZQC as inserted by section 15 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to the vesting of a motor vehicle under section 84ZQ(4) on or after the commencement of section 15 of that Act, irrespective of when the offence is alleged to have been committed.
(7)Section 84ZUA as inserted by section 16 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84ZU(1) given on or after the commencement of section 16 of that Act, irrespective of when the offence is alleged to have been committed.
(8)Section 84ZWA as inserted by section 17 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a disposal order made on or after the commencement of section 17 of that Act, irrespective of when the offence is alleged to have been committed.
(9)Section 84ZY as inserted by section 18 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to any motor vehicle that is subject to impoundment, immobilisation or forfeiture on or after the commencement of section 18 of that Act, irrespective of when impoundment, immobilisation or forfeiture occurred.
(10)Section 89D(1A) as amended by section 19 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a drug-driving infringement alleged to have been committed on or after the commencement of section 19 of that Act.
(11)For the purposes of subsection (10), if a drug-driving infringement is alleged to have been committed between 2 dates, one before and one after the commencement of section 19 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011, the drug-driving infringement is alleged to have been committed before the commencement of section 19 of that Act.".
21Statute law revision
(1)In the heading to section 29 of the Road Safety Act 1986, for "Magistrate's Court" substitute "Magistrates' Court".
(2)In section 5 of the Road Legislation Miscellaneous Amendments Act 2010, in proposed section 62(1A) of the Melbourne City Link Act 1995, before "Roads Corporation" (wherever occurring) insert "the".
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PART 4—AMENDMENT OF THE POLICE REGULATION ACT 1958
22Disclosure of information
After section 127A(1F) of the Police Regulation Act 1958 insert—
"(1G)Subsection (1) does not prevent a member of police personnel acting on behalf of the Chief Commissioner of Police from accessing or disclosing to the Registrar of Personal Property Securities appointed under the Personal Property Securities Act 2009 of the Commonwealth information required to apply for registration of a financing statement or a financing change statement under that Act in the performance of duties of the Chief Commissioner under Part 6A of the Road Safety Act 1986.".
23Statute law revision
In section 43(4) of the Superannuation Legislation Amendment Act 2010, for "Part III" substitute "Part II".
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PART 5—REPEAL
24Repeal of amending Act
This Act is repealed on 1 July 2013.
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 984).
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 25 May 2011
Legislative Council: 16 June 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Road Safety Amendment (Hoon Driving) Act 2010, the Police Regulation Act 1958 and other Acts and for other purposes."
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