National Transport Commission (Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1) Regulations 2009
Select Legislative Instrument No. 311, 2009
made under the
National Transport Commission Act 2003
Compilation No. 1
Compilation date: 5 March 2016
Includes amendments up to: F2016L00170
Registered: 24 May 2016
About this compilation
This compilation
This is a compilation of the National Transport Commission (Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1) Regulations 2009 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Page
1 Name of Regulations
2 Commencement
3 Proposed amendments to model legislation
Schedule 1—Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1
Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the National Transport Commission (Model Amendments to the National Driver Licensing Scheme (Supporting Principles) – Package No. 1) Regulations 2009.
2 Commencement
These Regulations commence on the day after they are registered.
3 Proposed amendments to model legislation
Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out model legislation to amend the model legislation set out in Schedule 2 to the National Transport Commission (Road Transport Legislation—Driver Licensing) Regulations 2006.
Note 1: The model legislation does not have the force of law (see paragraph 7(2)(a) of the National Transport Commission Act 2003).
Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Schedule 1—Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1
(regulation 3)
Contents
1. Name
2. Purpose
3. Approval
4. Document being amended by these Regulations
5. Release of information in demerit point register and driver licence register
6. Substitution of demerit point table
Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1
The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.
1. Name
These are the Model Amendments to the National Driver Licensing Scheme (Supporting Principles) – Package No. 1.
2. Purpose
The purpose of these Amendments is to amend the Supporting Principles of the National Driver Licensing Scheme –
(a) to insert a note enabling jurisdictions to refer to their own privacy legislation in regulating the release of information held in certain registers; and
(b) to make changes to the demerit points table in clause 21.
3. Approval
These Amendments were approved by the Australian Transport Council on 7 November 2008.
4. Document being amended by these Regulations
These Amendments amend the Supporting Principles of the National Driver Licensing Scheme.
5. Release of information in demerit point register and driver licence register
At the end of clause 12 insert –
"[Local variations – jurisdictions with their own privacy legislation may prefer to refer to the relevant equivalent provisions of that legislation rather than to the Commonwealth Act.]".
6. Substitution of demerit point table
For the table at the end of clause 21 substitute –
Table
Column 1 | Column 2 | Column 3 |
Offence | Demerit points | Australian Road Rules provision where offence created, or as otherwise indicated |
Exceeding speed limit by 45 km/h or more | 6 | 20 |
Exceeding speed limit by 30 km/h or more but less than 45 km/h. | 4 | 20 |
Fatigue driving (critical risk breach) | 4 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 44, 45, 46, 49, 51, 52 |
Fatigue driving exceed AFM outer limits (less than 7 days) 30 mins work/rest time (critical risk breach) | 4 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Fatigue driving exceed AFM outer limits (7 days or more) >1 hour work time (critical risk breach) | 4 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Excessive speed approaching a children’s or pedestrian crossing | 3 | 80(1), 81(1) |
Disobeying traffic signal | 3 | 56(1), 56(2), 57(1), 57(2), 59(1), 60, 60A(1), 60A(2), 61(2), 66(1), 66(4), 152(1), 281, 282, 284, 286(2), 286(3) |
Disobeying stop or give way traffic sign or line | 3 | 67(1), 68(1), 69(1), 70, 71(1), 101(1), 101(2), |
Disobeying traffic direction by a police or authorised officer | 3 | 304(1) |
Failing to give way | 3 | 38, 62, 63(2), 63(3), 64, 72(1), 73(1), 74(1), 75(1), 76(1), 76(2), 77(1), 79(1), 83, 84(1), 85, 86(1), 87(1), 87(3), 114(1), 114(2), 148(1), 148(2), 148A, 149, 288(4), 289(2) |
Failing to stop or give way at pedestrian, children’s or level crossing | 3 | 65(2), 80(2), 80(3), 80(4), 81(2), 82, 121, 122, 123 |
Driving with an unrestrained passenger under the age of 16 years | 3 | 266(1) |
Driving with an unrestrained passenger 16 years old and above | 3 | 265(3) |
Driving contrary to a major defect notice | 3 | Road Transport Reform (Heavy Vehicles Registration) Regulations: 42(2) |
Driving on wrong side of double dividing lines, or on wrong side of divided highway | 3 | 132(2), 135(1), 132(2A) |
Exceeding the speed limit by 15 km/h or more but less than 30 km/h | 3 | 20 |
Driving without a seat belt | 3 | 264(1) |
Driving in a tram lane or in the path of a tram | 3 | 76(1), 76(2), 155(1) |
Driving in the path of a police or emergency vehicle | 3 | 78(1), 78(2) |
Motorcyclist not wearing a helmet | 3 | 270(1) |
Use mobile phone while driving | 3 | 300 |
Risk colliding with alighting, boarding or waiting tram passengers | 3 | 162(1), 163(1), 164(1) |
Careless or negligent driving | 3 | unspecified |
Fatigue driving (severe risk breach) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 44, 45, 46, 49, 51, 52 |
Fatigue driving (driving while impaired) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 28 |
Fatigue driving exceed AFM outer limits (less than 7 days) >15 mins but 30 mins work/rest time (severe risk breach) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Fatigue driving exceed AFM outer limits (7 days or more) >30 mins but 1 hour work time (severe risk breach) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Improper overtaking or passing | 2 | 93(1), 94, 140, 141(1), 142(1), 143(1), 143(2), 144, 160(2), 160(3), 161(2), 161(3) |
Turning or stopping without signalling | 2 | 46(1), 48(1), 53(1), 53(2), 53(3), 112(2), 112(3), 113(2), 113(3), 117(1), 117(2), 118(1) |
Turning improperly | 2 | 27(1), 28(1), 28(1A), 29, 31(1), 32(1), 33(1), 34(1), 37, 39(1), 39(2), 40, 41, 42, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2) |
Failing to keep left (other than double dividing lines) | 2 | 115(1), 129(1), 130(2), 131, 132(1), 132(2), 132(2A) |
Driving contrary to a minor defect notice | 1 | Road Transport Reform (Heavy Vehicles Registration) Regulations: 42(2) |
Failure to dip headlights | 1 | 218(1), 219 |
Following too closely | 1 | 126, 127(1) |
Driving at night without lights on | 1 | 215(1), 216(1) |
Exceeding the speed limit by less than 15 km/h | 1 | 20 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
National Transport Commission (Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1) Regulations 2009 | 16 Nov 2009 (F2009L04187) | 17 Nov 2009 (r 2) |
|
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 36): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
r 3..................... | am F2016L00170 |