ROAD TRANSPORT (GENERAL) AMENDMENT BILL 2012

Australian Capital Territory Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

ROAD TRANSPORT (GENERAL) AMENDMENT BILL 2012

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Road Transport (General) Amendment Bill 2012

Contents

Page

Part 1.1Road Transport (Driver Licensing) Act 199934

Part 1.2Road Transport (General) Regulation 200036

Part 1.3Road Transport (Mass, Dimensions and Loading) Act 200938

Part 1.4Road Transport (Offences) Regulation 200538

Part 1.5Road Transport (Vehicle Registration) Regulation 200063

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Road Transport (General) Amendment Bill 2012

A Bill for

An Act to amend the Road Transport (General) Act 1999, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Road Transport (General) Amendment Act 2012.

2 Commencement

(1) This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision (other than a provision mentioned in subsection (2)) has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

(2) If any of the following provisions has not commenced within 2 years beginning on this Act’s notification day, the provision automatically commences on the first day after that period:

(a) section 4;

(b) sections 9 to 12;

(d) section 30;

(e) schedule 1, amendment 1.16.

(3) The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to a provision mentioned in subsection (2).

3 Legislation amended

This Act amends the Road Transport (General) Act 1999.

Note This Act also amends the following legislation (see sch 1):

• Road Transport (Driver Licensing) Act 1999

• Road Transport (General) Regulation 2000

• Road Transport (Mass, Dimensions and Loading) Act 2009

• Road Transport (Offences) Regulation 2005

• Road Transport (Vehicle Registration) Regulation 2000.

4 Offences against this Act—application of Criminal Code etc

Section 5A, note 1

insert

• s 43B (Offence—driving interstate corporate vehicle)

5 Section 10

substitute

10 Who is a responsible person for a vehicle?

For the road transport legislation, each of the following is a responsible person for a vehicle:

(a) for a registered vehicle—a registered operator of the vehicle, unless the vehicle has been disposed of by the operator;

(b) for an unregistered vehicle to which a trader’s plate is attached—the person to whom the trader’s plate is issued under the Road Transport (Vehicle Registration) Act 1999;

(c) for an unregistered vehicle to which no trader’s plate is attached—a person who was last recorded as a registered operator of the vehicle;

(d) anyone else prescribed by regulation.

Note A statutory instrument may make different provisions about different matters and apply the provisions differently by reference to stated exceptions or factors (see Legislation Act, s 48).

6 Rights, liabilities and obligations of multiple responsible persons

Section 11 (3)

omit

7 New section 21A

in division 3.1, insert

21A Definitions—pt 3

In this part:

illegal user declaration means a statutory declaration made by a responsible person for a registrable vehicle in relation to an infringement notice offence involving the vehicle that includes—

(a) a statement that, at the time of the offence, another person was in possession or control of the vehicle without the consent of an owner of the vehicle; and

(b) any information prescribed by regulation.

infringement notice—see section 24 (2).

infringement notice declaration means any of the following:

(a) an illegal user declaration;

(b) a known user declaration;

(d) an unknown user declaration.

known user declaration means a statutory declaration made by a person in relation to an infringement notice offence involving a registrable vehicle that includes—

(a) a statement that, at the time of the offence, the person was not in possession or control of the vehicle; and

(b) sufficient information to identify and locate the person last known to be in possession or control of the vehicle; and

reminder notice—see section 27 (2).

sold vehicle declaration means a statutory declaration made by a person in relation to an infringement notice offence involving a registrable vehicle that includes—

(a) a statement that the person had sold or otherwise disposed of the vehicle or any interest in the vehicle before the time of the offence and was not in possession or control of the vehicle at the time of the offence; and

(b) sufficient information to identify and locate the person to whom the vehicle was sold or disposed of or in whom an interest otherwise vested; and

unknown user declaration means a statutory declaration made by a person in relation to an infringement notice offence involving a registrable vehicle that includes—

(a) a statement that the person—

(i) was not in possession or control of the vehicle at the time of the offence; and

(ii) does not know the identity of the person who was in possession or control of the vehicle at that time, despite genuine efforts to identify that person; and

(b) a statement about the efforts made by the person to identify the person in possession or control of the vehicle at the time of the offence; and

8 Divisions 3.2 and 3.3

substitute

Division 3.2 Infringement and reminder notices

24 Infringement notices

(1) This section applies if an authorised person believes on reasonable grounds that an infringement notice offence has been committed.

(2) A notice for the offence (an infringement notice) may be served on a person in the way prescribed by regulation.

(3) An infringement notice must not be served—

(a) if a regulation prescribes a period within which an infringement notice must be served—after the end of the prescribed period; or

(b) in any other case—later than 1 year after the day the infringement notice offence to which the notice relates was committed.

(4) For subsection (3) (b), if the infringement notice offence is an ongoing offence, the day the infringement notice offence was committed is the last day of the ongoing offence.

Note See s 31 for the time within which a prosecution for an infringement notice must be begun.

25 Infringement notices—contents

An infringement notice must include the information prescribed by regulation.

26 Infringement notice—payment of penalty etc

(1) This section applies if—

(a) an infringement notice for an infringement notice offence is served on a person; and

(b) the infringement notice has not been withdrawn.

Note See s 36 for withdrawal of infringement notices.

(2) The person must do 1 of the following within 28 days after the date the infringement notice is served:

(a) pay the infringement notice penalty stated in the notice;

(b) apply for withdrawal of the infringement notice;

Note See s 34 for applications for withdrawal of infringement notices.

(c) if the person asserts he or she was not the person who committed the offence—give the administering authority an infringement notice declaration;

(d) if the person disputes liability for the offence—give the administering authority written notice disputing liability.

Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B.

Note 2 See s 51 for disputing liability for an infringement notice offence.

Note 3 If a person disputes liability for an infringement notice offence, the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53).

Note 4 A person served with an infringement notice may apply for an extension of time to do something mentioned in s (2) (see s 29).

Note 5 If a person served with an infringement notice does nothing under s (2) within 28 days or any extension of time allowed under s 29, a reminder notice will be served on the person (see s 27).

27 Reminder notice—service and contents

(1) This section applies if—

(a) an infringement notice for an infringement notice offence is served on a person; and

(b) the infringement notice has not been withdrawn; and

(i) has not done anything mentioned in section 26 (2) in relation to the infringement notice, has not been granted an extension of time to do something mentioned in section 26 (2), and at least 28 days have passed since the date the infringement notice was served; or

(ii) if the person has been granted an extension of time to do something mentioned in section 26 (2)—has not done anything mentioned in that subsection within the extended time.

Note For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B.

(2) The administering authority must arrange for service of a notice (a reminder notice) on the person.

Note If a reminder notice has been served on a person for an infringement notice offence, the total amount payable by the person for the infringement notice penalty for the offence is the prescribed amount of the penalty payable for the offence plus the prescribed amount payable for the cost of serving the reminder notice (see dict, def infringement notice penalty).

(3) The reminder notice must include the information prescribed by regulation.

28 Action on service of reminder notice—payment of penalty etc

(1) This section applies if—

(a) a reminder notice is served on a person; and

(b) the infringement notice to which the reminder notice relates has not been withdrawn.

Note See s 36 for withdrawal of infringement notices.

(2) The person must do 1 of the following within 28 days after the date the reminder notice is served:

(a) pay the infringement notice penalty stated in the reminder notice;

(b) apply for withdrawal of the infringement notice;

Note See s 34 for applications for withdrawal of infringement notices.

(c) if the person asserts he or she was not the person who committed the infringement notice offence to which the infringement notice relates—give the administering authority an infringement notice declaration;

(d) if the person disputes liability for the infringement notice offence—give the administering authority written notice disputing liability.

Note 1 See s 51 for disputing liability for an infringement notice offence.

Note 2 If a person disputes liability for an infringement notice offence, the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53).

Note 3 A person served with an infringement notice may apply for an extension of time to do something mentioned in s (2) (see s 29).

29 Extension of time to do things

(1) A person may apply for an extension of the time for doing something mentioned in section 26 (2) (Infringement notice—payment of penalty etc) or section 28 (2) (Action on service of reminder notice—payment of penalty etc).

(2) The administering authority for the infringement notice offence must—

(a) allow the application; or

(b) refuse the application.

(3) The administering authority must tell the person—

(a) the date of the authority’s decision; and

(b) if the authority allows the application—when the additional time begins and ends; and

(4) If the administering authority refuses an application, the person must do the thing not later than the time prescribed by regulation.

(5) A regulation may make provision in relation to the following:

(a) the making of an application to extend the time to do something mentioned in section 26 (2) or section 28 (2);

(b) any conditions in relation to an application;

(d) any conditions applying to a grant of an extension of time;

(e) the maximum amount by which the time for doing something mentioned in section 26 (2) or section 28 (2) may be extended.

30 Extension of time—guidelines

(1) The Minister may issue guidelines for deciding applications for extensions of time, including applications for extensions of time made after the time for doing something in section 26 (2) or section 28 (2) has ended.

(2) The administering authority for an infringement notice offence must comply with any guidelines for deciding an application for an extension of time.

(3) A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

31 Time for beginning prosecution for infringement notice offence

A prosecution for an infringement notice offence must be begun not later than 1 year after the earlier of—

(a) the day the person served with the notice disputes liability for the offence; and

(b) the last day the person served with the notice may dispute liability for the offence.

Division 3.3 Infringement notice offences involving registrable vehicles—responsible person’s liability

32 Meaning of all reasonable steps—div 3.3

(1) In this division:

all reasonable steps—a responsible person for a registrable vehicle takes all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of an infringement notice offence involving the vehicle—

(a) if—

(i) the person gives the administering authority an infringement notice declaration for the offence within the time required under division 3.2 (Infringement and reminder notices) (including any additional time allowed under that division); and

(ii) the administering authority accepts the infringement notice declaration for this division; and

(b) if the administering authority requires an approved form to be completed in relation to the offence—if the person completes the form properly; and

(c) if the person responds to any correspondence from the administering authority within 14 days after the correspondence is served on the person.

Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B.

Note 2 The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).

Note 3 Infringement notice declaration—see s 21A.

(2) For subsection (1), definition of all reasonable steps, paragraph (b), an approved form is properly completed by a responsible person only if—

(a) if the approved form requires particular information to be included in the form—the responsible person complies with the requirement; and

(b) the information the responsible person includes in the form is accurate; and

Note 1 Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with:

(a) the form to be signed;

(b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form);

(d) particular information to be included in the form, or a particular document to be attached to or given with the form;

(e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

33 Responsible person’s obligations

(1) This section applies if—

(a) an infringement notice for an infringement notice offence is served on a responsible person for a registrable vehicle; and

(b) the responsible person was not in possession or control of the vehicle at the time of the offence.

(2) The responsible person for the registrable vehicle must take all reasonable steps to give the administering authority sufficient information to identify and locate the individual who was in possession or control of the vehicle at the time of the offence.

Note The responsible person for a registrable vehicle involved in an infringement notice offence is taken to be the individual in possession or control of the vehicle at the time of the offence unless the responsible person proves, on the balance of probabilities, that the person was not in possession or control of the vehicle at the time of the offence (see s 53AA).

34 Infringement notice—application for withdrawal

(1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority for the withdrawal of the infringement notice.

(2) An application must—

(a) be in writing; and

(b) state the grounds relied on for the infringement notice to be withdrawn.

(3) For this section, an infringement notice declaration made and given by the person to the administering authority in relation to the offence is taken to be an application by the person under subsection (1).

35 Application for withdrawal—decision

(1) On application by a person under section 34, the administering authority must—

(a) withdraw the infringement notice; or

(b) refuse to withdraw the infringement notice; or

(c) in writing, ask the applicant or a person mentioned in the application for further information to assist the authority to make a decision under this section.

(2) If the administering authority asks for further information, the information must be given in the form of a statutory declaration.

Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(3) If the application is in the form of an infringement notice declaration, the administering authority may refuse to withdraw the infringement notice if it is satisfied on reasonable grounds that the applicant has not taken all reasonable steps to assist the authority to identify and locate the individual who was in possession or control of the vehicle at the time of the offence.

Note The guidelines may include other grounds for refusing to withdraw an infringement notice declaration.

(4) The administering authority must give the applicant written notice of its decision under this section and, if the decision is to refuse to withdraw the infringement notice, reasons for the refusal.

36 Infringement notice—withdrawal

(1) If an infringement notice is served on a person for an infringement notice offence, the administering authority may withdraw the infringement notice, whether or not—

(a) the person has applied, or is taken to have applied, for withdrawal of the infringement notice under section 34; or

(b) the infringement notice penalty (or part of it) has been paid for the offence; or

(2) If the administering authority decides to withdraw an infringement notice, the authority must do so by written notice (a withdrawal notice) served on the person.

(3) The withdrawal notice must—

(a) include the infringement notice number and the date the infringement notice was served; and

(b) tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4).

(4) The effect of the service of a withdrawal notice is as follows:

(a) this part, other than this section, ceases to apply to the infringement notice;

(b) if the infringement notice penalty (or part of it) has been paid—the administering authority must repay the amount paid.

(5) However, nothing in this section prevents the administering authority—

(a) serving an infringement notice, or commencing a proceeding, for the offence against another person; or

(b) if the administering authority is satisfied that a withdrawal notice was served on a person in error, or as a result of misrepresentation or a false declaration—serving an infringement notice, or commencing a proceeding, for the offence against the person.

37 Infringement notice—effect of refusal to withdraw

(1) If the administering authority for an infringement notice offence refuses to withdraw an infringement notice for the offence, the applicant for the withdrawal must—

(a) if a reminder notice has not been served on the applicant—do something mentioned in section 26 (2) (a), (c) or (d); or

(b) if a reminder notice has been served on the applicant—do something mentioned in section 28 (2) (a), (c) or (d).

Note If the applicant pays the penalty, the demerit points for the offence will be recorded against the person—see the Road Transport (Driver Licensing) Act 1999, s 13A.

(2) The applicant must do something under subsection (1) not later than the later of—

(a) 7 days after the applicant is given notice of the refusal; and

(b) 28 days after the infringement notice or reminder notice was served (or any extension of time allowed under section 29).

38 Infringement notice—guidelines for withdrawal

(1) The Minister may issue guidelines for the withdrawal of infringement notices.

(2) The administering authority for an infringement notice offence must comply with the guidelines.

(3) A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

39 Infringement notice—effect of penalty payment

(1) This section applies—

(a) if—

(i) a person has been served with an infringement notice for an infringement notice offence; and

(ii) the person pays the infringement notice penalty for the offence in accordance with this part; and

(iii) when the payment was made—

(A) the infringement notice had not been withdrawn; and

(B) an information had not been laid in the Magistrates Court against the person for the offence; or

(b) if—

(i) more than 1 infringement notice for the same infringement notice offence has been served on the person and none of the infringement notices have been withdrawn; and

(ii) the person pays the infringement notice penalty for the offence, in accordance with this part, in relation to 1 notice (together with any costs and disbursements payable under this part in relation to the notice); or

(i) an infringement notice for an infringement notice offence involving a registrable vehicle has been served; and

(ii) a responsible person for the vehicle at the time of the offence pays the infringement notice penalty for the offence in accordance with this part; and

(iii) when the payment was made—

(A) the infringement notice had not been withdrawn; and

(B) an information had not been laid in the Magistrates Court against a responsible person for the vehicle for the offence.

(2) The person—

(a) is no longer liable for the offence; and

(b) must not be prosecuted for the offence; and

(3) This section is subject to section 36 (Infringement notice—withdrawal).

9 Infringement notice—payment of penalty etc

Section 26, new note

insert

Note 6 A corporation served with an infringement notice for an infringement notice offence involving a registrable vehicle has obligations under div 3.3A.

10 Action on service of reminder notice—payment of penalty etc

Section 28, new note

insert

Note 4 A corporation served with a reminder notice for an infringement notice offence involving a registrable vehicle has obligations under div 3.3A.

11 Responsible person’s obligations

Section 33 (1), new paragraph (aa)

insert

(aa) the responsible person is an individual; and

12 New division 3.3A

insert

Division 3.3A Demerit points offences—corporation’s liability

40 Definitions—div 3.3A

In this division:

corporation’s vehicle means a vehicle for which a corporation is the registered owner.

41 Meaning of all reasonable steps—div 3.3A

(1) In this division:

all reasonable steps—a corporation that is the registered owner of a vehicle takes all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of a demerit points offence involving the vehicle—

(a) if the corporation gives the administering authority an infringement notice declaration for the offence within the time required under division 3.2 (Infringement and reminder notices) (including any additional time allowed under that division); and

(b) if the administering authority requires an approved form to be completed in relation to the offence—if the corporation completes the form properly; and

(c) if the person responds to any correspondence from the administering authority within 14 days after the correspondence is served on the person.

Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B.

Note 2 Infringement notice declaration—see s 21A.

Note 3 See s 55 for statutory declarations by corporations.

(2) For subsection (1), definition of all reasonable steps, paragraph (b), an approved form is properly completed by a corporation only if—

(a) if the approved form requires particular information to be included in the form—the corporation complies with the requirement; and

(b) the information the corporation includes in the form is accurate; and

Note Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with:

(a) the form to be signed;

(b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form);

(d) particular information to be included in the form, or a particular document to be attached to or given with the form;

(e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).

42 Demerit points offences—suspension of registration etc

(1) This section applies if—

(a) a corporation is the registered owner of a vehicle; and

(b) an infringement notice has been served on the corporation by an authorised person for a demerit points offence involving the vehicle; and

(d) the corporation has failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of the demerit points offence; and

(e) in relation to at least 1 previous demerit points offence involving a corporation’s vehicle, the corporation failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of that demerit points offence.

(2) The road transport authority must—

(a) send the corporation a written notice (a suspension warning notice) containing the following information:

(i) the particulars of the demerit points offence, including the infringement notice penalty for the offence and the additional penalty stated in the reminder notice (if any), and the infringement notice and reminder notice (if any) for the offence, to which the suspension warning notice relates;

(ii) a statement to the effect that if the corporation continues to fail to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation’s vehicle involved in the offence by a stated date (the suspension date), the authority will take suspension action on the suspension date;

(iii) any information prescribed by regulation;

(iv) any other information the road transport authority considers appropriate; and

(b) if in response to the suspension warning notice, the corporation fails to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation’s vehicle involved in the offence, before the suspension date—take the following action (the suspension action) on the suspension date:

(i) if the vehicle involved in the offence is registered in the ACT—suspend the vehicle’s registration;

(ii) if the vehicle involved in the offence is registered in another jurisdiction—suspend the right of everyone to drive the vehicle in the ACT;

(iii) if the corporation has sold, transferred or otherwise disposed of its interest in the vehicle involved in the offence—

(A) suspend the registration of another of the corporation’s vehicles (the other vehicle); or

(B) if the other vehicle is registered in another jurisdiction—suspend the right of everyone to drive the other vehicle in the ACT.

(3) The suspension date must be at least 10 days after the suspension warning notice is sent to the corporation.

(4) If the road transport authority takes suspension action, the authority must send the corporation a notice (a suspension confirmation notice) including statements about the following:

(a) the suspension date;

(b) the action taken on the suspension date;

(d) any information prescribed by regulation;

(e) any other information the road transport authority considers appropriate.

(5) The suspension action takes effect—

(a) on the suspension date; or

(b) if any other suspension action has been taken against the corporation under another provision of the road transport legislation—when that other suspension action ends.

(6) A suspension ends on the earliest of the following:

(a) 6 months after the day the suspension action takes effect;

(b) the day the corporation gives the administering authority the information it needs to identify and locate the individual who was in possession or control of the corporation’s vehicle at the time of the demerit points offence;

(c) the day the registration of the corporation’s vehicle is transferred under the Road Transport (Vehicle Registration) Act 1999 to another person and the corporation no longer has any interest in the vehicle.

43 Demerit points offence—effect of suspension

(1) If the registration of a corporation’s vehicle is suspended under section 42, the road transport authority must not renew the registration until after the suspension ends.

(2) The road transport authority must not register a corporation’s vehicle if the right of everyone to drive the vehicle in the ACT is suspended under section 42.

43A Demerit points offence—review of suspension

(1) If the registration of a corporation’s vehicle is suspended under section 42, the corporation may apply to the Magistrates Court for a review of the suspension.

(2) The Magistrates Court may hear and decide the application and may make an order—

(a) confirming the suspension; or

(b) revoking the suspension.

(3) The court may make an order under subsection (2) (b) only if the court is satisfied that the corporation has taken all reasonable steps to assist the administering authority to identify and locate the person who was in possession or control of the vehicle involved in the demerit points offence to which the suspension relates.

43B Offence—driving interstate corporate vehicle

(1) A person commits an offence if—

(a) the right of everyone to drive an interstate corporate vehicle in the ACT is suspended under section 42; and

(b) the person drives the vehicle in the ACT.

Maximum penalty: 20 penalty units.

(2) An offence against this section is a strict liability offence.

(3) In this section:

interstate corporate vehicle means a corporation’s vehicle that is registered in another jurisdiction.

13 Suspension for nonpayment of infringement notice penalties

Section 44 (1) (b)

before

vehicle

insert

registrable

14 New section 44 (10)

insert

(10) In this section:

time for payment, of an infringement notice penalty, includes any extension of time allowed for payment under section 29 (Extension of time to do things).

15 Sections 48 to 50

substitute

48 Review of suspension

(1) A person in relation to whom a suspension is in force under this division may apply to the Magistrates Court for a review of the suspension.

(2) The Magistrates Court may hear and decide an application and may make an order—

(a) confirming the suspension; or

(b) revoking the suspension.

(3) The court may make an order under subsection (2) (b) only if it is satisfied that 1 or more of the conditions mentioned in section 44 (1) (Suspension for nonpayment of infringement notice penalties)—

(a) did not exist when the suspension action was taken; or

(b) no longer exists.

(4) In this section:

suspension action—see section 44 (2) (b).

16 Disputing liability for infringement notice offence

Section 51 (3)

substitute

Note For the time within which liability must be disputed after a person is served with an infringement notice or reminder notice, see s 26 and s 28.

17 Extension of time to dispute liability

Section 52

omit

18 Procedure if liability disputed

Section 53 (4)

omit

section 29 (Effect of payment of infringement notice penalty)

substitute

section 39 (Infringement notice—effect of penalty payment)

19 Section 53 (6), note

substitute

Note For the time within which a prosecution must be begun, see s 31.

20 New section 53AA

in division 3.5, insert

53AA Presumption against responsible person

If the responsible person for a registrable vehicle involved in an infringement notice offence is served with an infringement notice for the offence, it is presumed in any proceeding against the person for the offence, unless the contrary is proved, that the responsible person was the individual in possession or control of the vehicle at the time of the offence.

Note The responsible person for a registrable vehicle bears a legal burden of proving that the responsible person was not the individual in possession or control of the vehicle at the time of the offence (see Criminal Code, s 59 (c)).

21 Costs of application for declaration

Section 57

omit

22 Effect of disqualification

Section 66 (4) (a)

omit

to the court

substitute

to the registrar

23 Section 66 (5)

substitute

(5) If a driver licence is surrendered to the registrar of a court, the registrar must give the licence to the road transport authority.

24 Section 79

substitute

79 Registrar to provide particulars of convictions, orders etc

(1) This section applies if a court—

(a) convicts a person, or finds a person guilty, of an offence—

(i) against the road transport legislation; or

(ii) of culpable driving; or

(b) makes an order against a person under the road transport legislation.

(2) The registrar must give particulars of the conviction, finding or order to the road transport authority.

25 Person not to hinder or obstruct

New section 231 (2)

insert

(2) In this section:

hinder or obstruct, a person mentioned in subsection (1), includes fail to give the person information requested by the person.

26 New part 13

insert

Part 13 Transitional—Road Transport (General) Amendment Act 2012

300 Meaning of commencement day—pt 13

In this part:

commencement day means the day this part commences.

301 Existing infringement notice declaration

(1) This section applies if, immediately before the commencement day, an existing infringement notice declaration had not been finally dealt with.

(2) This Act, as in force immediately before the commencement day, continues to apply to the existing infringement notice declaration.

(3) In this section:

existing infringement notice declaration means any of the following:

(a) an illegal user declaration mentioned in section 38 (Illegal user declarations), as in force immediately before the commencement day;

(b) a known user declaration mentioned in section 39 (Known user declarations), as in force immediately before the commencement day;

(c) a sold vehicle declaration mentioned in section 40 (Sold vehicle declarations), as in force immediately before the commencement day;

(d) an unknown user declaration mentioned in section 41 (Unknown user declarations), as in force immediately before the commencement day.

finally dealt with—an infringement notice declaration is finally dealt with if—

(a) the time for any appeal or review in relation to the declaration has ended; or

(b) any appeal or review in relation to the declaration has been decided or withdrawn.

302 Transitional regulations

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Road Transport (General) Amendment Act 2012.

(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act.

303 Expiry—pt 13

This part expires 3 years after the commencement day.

Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

27 Dictionary, note 2

insert

• registrar

28 Dictionary, new definition of all reasonable steps

insert

all reasonable steps, for division 3.3 (Infringement notice offences involving registrable vehicles—responsible person’s liability)—see section 32.

29 Dictionary, definition of all reasonable steps

substitute

all reasonable steps—

(a) for division 3.3 (Infringement notice offences involving registrable vehicles—responsible person’s liability)—see section 32; and

(b) for division 3.3A (Demerit points offences—corporation’s liability)—see section 41.

30 Dictionary, new definitions

insert

corporation’s vehicle, for division 3.3A (Demerit points offences—corporation’s liability)—see section 40.

demerit points offence—see the Road Transport (Driver Licensing) Act 1999, section 13.

31 Dictionary, definition of illegal user declaration

substitute

illegal user declaration, for part 3 (Infringement notices for certain offences)—see section 21A.

32 Dictionary, definitions of infringement notice and infringement notice declaration

substitute

infringement notice—see section 24 (2) (Infringement notices).

infringement notice declaration, for part 3 (Infringement notices for certain offences)—see section 21A.

33 Dictionary, definition of known user declaration

substitute

known user declaration, for part 3 (Infringement notices for certain offences)—see section 21A.

34 Dictionary, definition of reminder notice

substitute

reminder notice—see section 27 (2) (Reminder notice—service and contents).

35 Dictionary, definition of sold vehicle declaration

substitute

sold vehicle declaration, for part 3 (Infringement notices for certain offences)—see section 21A.

36 Dictionary, definition of unknown user declaration

substitute

unknown user declaration, for part 3 (Infringement notices for certain offences)—see section 21A.

Schedule 1 Consequential amendments

(see s 3)

Part 1.1 Road Transport (Driver Licensing) Act 1999

[1.1] Section 12 (3) (d), note

substitute

Note For when an infringement notice penalty is payable, see the Road Transport (General) Act 1999, div 3.2.

[1.2] Section 13A (1)

omit

Road Transport (General) Act 1999

substitute

General Act

[1.3] Section 13A (1) (b)

substitute

(b) the person is served with an infringement notice for the offence and—

(i) the infringement notice penalty for the offence has been paid in full or in part; or

(ii) the infringement notice penalty for the offence has not been paid in full or in part in the time required for its payment under the General Act (the required time), and the person has not in the required time given the administering authority—

(A) an infringement notice declaration for the offence; or

(B) a notice disputing liability for the offence in accordance with the General Act; or

Note For when an infringement notice penalty is payable, see the General Act, div 3.2.

[1.4] Section 13A (1) (d) and note

substitute

(d) the person is served with an infringement notice for the offence and, as a result, gives the administering authority an infringement notice declaration, and the administering authority does not accept the declaration for the General Act, division 3.3 and refuses to withdraw the infringement notice.

[1.5] New section 13A (3)

insert

(3) In this section:

General Act means the Road Transport (General) Act 1999.

infringement notice declaration—see the General Act, section 21A.

Part 1.2 Road Transport (General) Regulation 2000

[1.6] Section 5 (1) (c)

substitute

(c) the road transport authority, or the administering authority for an infringement notice offence, is taken to have complied with an obligation under the relevant legislation to give notice to the responsible person for the vehicle if the authority gives notice—

(i) if the address for service recorded in a record or register under the road transport legislation is the same for each responsible person—to at least 1 of them; or

(ii) if the address for service is different for 2 or more of the responsible people—to each of them.

[1.7] Section 9

omit

[1.8] Section 9B (1) (b) (i)

omit

residential

substitute

home

[1.9] Schedule 1, new part 1.5

insert

Part 1.5 Road Transport (General) Act 1999

column 1 item	column 2 provision	column 3 decision
1	29 (2) (b)	administering authority for infringement notice offence—refuse an application to extend time
2	35 (1) (b)	administering authority for infringement notice offence—refuse to withdraw infringement notice

[1.10] Dictionary, note 2

insert

• home address

Part 1.3 Road Transport (Mass, Dimensions and Loading) Act 2009

[1.11] New section 12A

insert

12A Rights, liabilities and obligations of multiple responsible people

(1) This section applies if there is more than 1 responsible person for a heavy vehicle or heavy combination at any time.

(2) In this Act, a reference to the responsible person for the heavy vehicle or heavy combination includes each responsible person for the heavy vehicle or heavy combination.

Part 1.4 Road Transport (Offences) Regulation 2005

[1.12] New sections 4A to 4D

in part 2, insert

4A Meaning of identifying particulars—pt 2

In this part:

identifying particulars—

(a) for an animal involved in an infringement notice offence—see section 4B; and

(b) for a registrable vehicle involved in an infringement notice offence—see section 4C; and

4B Identifying particulars for animal for infringement notice offence involving an animal—pt 2

(1) In this part:

identifying particulars, for an animal involved in an infringement notice offence, means the following particulars:

(a) species;

(b) colour;

(d) any collar;

(e) any brands or tattoos;

(f) any marks or scars;

(g) any other noticeable distinguishing marks or features;

(h) breed;

(i) sex;

(j) age;

(k) any electronically coded implant.

(2) Subsection (1) (e) to (k) does not apply if it is not possible for the person issuing the infringement notice to decide those particulars.

4C Identifying particulars for vehicle for infringement notice offence involving registrable vehicle—pt 2

(1) In this part:

identifying particulars, for a registrable vehicle involved in an infringement notice offence, means the following particulars:

(a) any registration number;

(b) body type;

(c) if there is no numberplate or registration label on the vehicle and a vehicle or engine identification number for the vehicle is known—the vehicle or engine identification number;

(d) make;

(e) the identifier (if any) for the jurisdiction of registration shown on any numberplate;

(f) if relevant to the offence—the number of passengers in the vehicle.

(2) For a camera-detected offence, subsection (1) (d) to (f) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.

4D Identifying particulars for authorised person for infringement notice offence—pt 2

In this part:

identifying particulars, for an authorised person, means—

(a) for an authorised person who is a police officer—the police officer’s service number; and

(b) for an authorised person authorised by the administering authority for an infringement notice offence to serve infringement or reminder notices for the offence—the unique number given to the person by the administering authority under section 11 (People authorised for infringement notices etc to have unique number).

[1.13] Sections 12 to 14

substitute

12 Infringement notices—service—Act, s 24 (2)

(1) An authorised person may serve an infringement notice for an infringement notice offence on—

(a) if the identity of the person who is believed to have committed the offence (the suspected offender) is known—the suspected offender; or

(b) if the identity of the suspected offender is not known, but the offence involves a registrable vehicle—the responsible person for the vehicle.

Note For how documents may be served, see the Legislation Act, pt 19.5.

(2) For subsection (1) (a), an infringement notice may be served—

(a) if it is reasonably practicable to serve the notice on the suspected offender personally—on the offender personally; or

(b) if it is not reasonably practicable to serve the notice on the suspected offender personally—by sending the notice to the offender, by prepaid post addressed to the offender, at—

(i) the offender’s home address or business address; or

(ii) if the offender has an address for service in a record or register kept under the road transport legislation or a corresponding law—the recorded address for service.

Note Corresponding law—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

(3) For subsection (1) (b), an infringement notice may be served on a responsible person for the registrable vehicle—

(a) if it is reasonably practicable to access the vehicle—by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a prominent position; or

(b) if it is not reasonably practicable to access the vehicle—by sending it to the responsible person, by prepaid post addressed to the person, at—

(i) the person’s home address or business address; or

(ii) if the person has an address for service in a record or register kept under the road transport legislation or a corresponding law—the recorded address for service.

Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B.

Note 2 The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).

(4) A person commits an offence if—

(a) an infringement notice is placed on or attached to a vehicle; and

(b) the person does something that prevents the responsible person for the vehicle receiving or reading the infringement notice; and

(c) the person is reckless about whether the person’s action prevents the responsible person for the vehicle receiving or reading the infringement notice.

Maximum penalty: 20 penalty units.

Note The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).

13 Infringement notices for camera-detected offences—time of service—Act, s 24 (2)

An infringement notice for a camera-detected offence may only be served on a responsible person for the vehicle involved in the offence within 28 days after the day the offence was committed.

Note Section 14 applies if an infringement notice declaration made in relation to a camera-detected offence is accepted by the administering authority for the offence and the administering authority serves an infringement notice on a person nominated in the declaration as being in possession or control of the vehicle at the time of the offence.

14 Infringement notices—service on nominated person—Act, s 24 (2)

(1) This section applies if—

(a) the administering authority for an infringement notice offence involving a registrable vehicle accepts an infringement notice declaration under the Act, part 3 (Infringement notices for certain offences); and

(b) the infringement notice declaration states the name of the person (the nominated person) who was in possession or control of the vehicle at the time of the offence; and

(2) The administering authority must serve the infringement notice on the nominated person as soon as practicable, but not later than 1 year, after the authority accepts the infringement notice declaration.

14A Infringement notices—contents—Act, s 25

(1) The following information is prescribed:

(a) a unique identifying number;

(b) the date the notice was issued;

(c) if the notice is served on an individual—the individual’s name or surname and initials, and home address or address for service recorded for the individual in a record or register kept under the road transport legislation or a corresponding law;

(d) if the notice is served on a corporation—the corporation’s identifying details under a record or register kept under the road transport legislation or a corresponding law;

(e) a short description of the infringement notice offence, as set out in schedule 1 (Short descriptions, penalties and demerit points), (or the law and provision of the law contravened by the person), including the place where the offence was committed and the date and approximate time of the offence;

(f) if the offence involved a registrable vehicle—the identifying particulars (if any) for the vehicle;

(g) if the offence involved an animal—the identifying particulars (if any) for the animal;

(h) the infringement notice penalty payable for the offence;

(i) the identifying particulars of the authorised person who gave the notice;

(j) any additional information the administering authority considers appropriate.

(2) An infringement notice served on a person must contain the following additional information:

(a) a statement telling the person that, within 28 days after the notice is served on the person, the person may do 1 of the following (an infringement notice response):

(i) pay the infringement notice penalty for the offence;

(ii) give the administering authority an infringement notice declaration for the offence;

(iii) dispute liability for the offence;

(iv) apply to the administering authority for additional time to pay the penalty, give an infringement notice declaration or dispute liability for the offence;

(b) a statement to the effect that if the person does not make an infringement notice response—

(i) a reminder notice for the offence will be served on the person; and

(ii) the person may be prosecuted for the offence;

(c) a statement to the effect that if a reminder notice is served on the person, the amount of the infringement notice penalty payable is increased by the cost of serving the reminder notice;

Note Section 7 prescribes the cost of serving a reminder notice.

(d) a statement that the notice may be withdrawn before or after the penalty is paid;

(e) a statement to the effect that, if the person pays the penalty within the required time—

(i) any liability of the person for the offence is discharged; and

(ii) the person will not be prosecuted for the offence; and

(iii) the person will not be taken to have been convicted of the offence;

(f) a statement to the effect that, if the person wants to dispute liability for the offence, the issue may be referred to the Magistrates Court;

(g) a statement to the effect that, if the issue is referred to the Magistrates Court, the person may be—

(i) convicted of the offence; and

(ii) ordered to pay a penalty and costs; and

(iii) subject to other court orders;

(h) a statement to the effect that if the offence involved a registrable vehicle and the person does not pay the infringement notice penalty, or dispute liability for the offence, within the required time, payment of the penalty may be enforced under the Act, division 3.4 (Enforcement procedures);

(i) how the person may pay the infringement notice penalty, give an infringement notice declaration or dispute liability for the offence;

(j) how the person may apply for additional time to pay the infringement notice penalty, give an infringement notice declaration or dispute liability for the offence;

(k) if the offence involved a registrable vehicle—

(i) how many demerit points the person will incur if the person pays the infringement notice penalty or is convicted of the offence; and

(ii) general information about the enforcement procedures under the Act, division 3.4; and

(iii) a statement that, in a proceeding against the responsible person for a registrable vehicle for an infringement notice offence involving the vehicle, the responsible person is presumed to be the individual in possession or control of the vehicle at the time of the offence, unless the contrary is proved by the responsible person; and

(iv) a statement that the responsible person for the vehicle has an obligation to take all reasonable steps under the Act, part 3 to assist the administering authority to identify and locate the individual who the responsible person asserts was in possession or control of the vehicle at the time of the offence; and

(v) general information about the Act, division 3.3 (Infringement notice offences involving registrable vehicles—responsible person’s liability); and

(vi) information about how the person may make and give the administering authority an infringement notice declaration under that division; and

(vii) if the offence is a camera-detected offence—information about how to inspect and obtain a copy of the image taken by the approved camera detection device.

(3) In this section:

the required time, to pay a penalty, or dispute liability, for an infringement notice offence, means—

(a) 28 days after the day the infringement notice for the offence was served; or

(b) any additional time allowed under the Act, section 29 (Extension of time to do things).

14B Reminder notices—contents—Act, s 27 (3)

(1) The following information is prescribed:

(a) a unique identifying number;

(b) a short description of the infringement notice offence, as set out in schedule 1 (Short descriptions, penalties and demerit points), (or the law and provision of the law contravened by the person), including the place where the offence was committed and the date and approximate time of the offence;

(d) the date the infringement notice was issued;

(e) the date the reminder notice is issued;

(f) the identifying particulars of the authorised person giving the reminder notice;

(g) a statement to the effect that—

(i) the infringement notice penalty has not been paid; and

(ii) the person must do a thing mentioned in the Act, section 28 (2) within 28 days after the reminder notice is served;

(h) that the infringement notice has not been withdrawn;

(i) if the infringement notice was served under the Act, section 24 (2) (Infringement notices)—that the administering authority has not received an infringement notice declaration from the person for the offence;

(j) that written notice disputing liability has not been received by the administering authority from the person for the offence;

(k) that the infringement notice penalty has been increased by the amount payable by the person for the cost of serving the reminder notice;

Note Section 7 prescribes the cost of serving a reminder notice.

(l) the infringement notice penalty now payable for the offence;

(m) a statement telling the person that, within the required time after the reminder notice is served on the person, the person may do 1 of the following (a reminder notice response):

(i) pay the infringement notice penalty now payable for the offence;

(ii) give the administering authority an infringement notice declaration for the offence;

(iii) dispute liability for the offence;

(iv) apply to the administering authority for additional time to pay the penalty, give an infringement notice declaration or dispute liability for the offence;

(n) a statement that the notice may be withdrawn before or after the penalty is paid;

(o) a statement to the effect that, if the person pays the penalty within the required time—

(i) any liability of the person for the offence is discharged; and

(ii) the person will not be prosecuted for the offence; and

(iii) the person will not be taken to have been convicted of the offence;

(p) a statement to the effect that, if the person wants to dispute liability for the offence, the issue may be referred to the Magistrates Court;

(q) a statement to the effect that, if the issue is referred to the Magistrates Court, the person may be—

(i) convicted of the offence; and

(ii) ordered to pay a penalty and costs; and

(iii) subject to other court orders;

(r) a statement to the effect that if the person does not pay the infringement notice penalty or dispute liability for the offence within the required time—

(i) the person may be prosecuted for the offence; or

(ii) if the offence involved a registrable vehicle—payment of the penalty may be enforced under the Act, division 3.4 (Enforcement procedures);

(s) any additional information the administering authority considers appropriate.

(2) The reminder notice must also contain the following information:

(a) how the person may pay the infringement notice penalty or dispute liability for the offence;

(b) how the person may apply for additional time to pay the infringement notice penalty or dispute liability for the offence;

(i) how many demerit points the person will incur if the person pays the infringement notice penalty or is convicted of the offence; and

(ii) general information about the enforcement procedures under the Act, division 3.4; and

(v) general information about the Act, division 3.3 (Infringement notice offences involving registrable vehicles—responsible person’s liability); and

(vi) information about how the person may make and give the administering authority an infringement notice declaration under that division; and

(vii) if the offence is a camera-detected offence—information about how to inspect and obtain a copy of the image taken by the approved camera detection device.

(3) In this section:

the required time, for a person to pay a penalty for an infringement notice offence, means—

(a) 28 days after the day the reminder notice for the offence was served; or

(b) any additional time allowed under the Act, section 29 (Extension of time to do things); or

(i) 7 days after the day the person is given written notice of the refusal;

(ii) 28 days after the date of issue of the reminder notice.

14C Extension of time—application within time—Act, s 29 (5)

(1) A person may apply to the administering authority for an extension of time to do something mentioned in the Act, section 26 (2) or section 28 (2)—

(a) if—

(i) the person has been served with an infringement notice for the offence; and

(ii) the person has not done anything mentioned in the Act, section 26 (2) in relation to the infringement notice; and

(iii) the time for doing something under that section, including any extension of time previously given under the Act, section 29, (the allowed time) has not ended; or

(b) if—

(i) the person has been served with a reminder notice in relation to an infringement notice for the offence; and

(ii) the person has not done anything mentioned in the Act, section 28 (2) in relation to the reminder notice; and

(iii) the time for doing something under that section including any extension of time given under a previous application of the Act, section 29, (the allowed time) has not ended.

(2) An application must be—

(a) in writing; and

(b) include any information required by the administering authority; and

Note 1 If a form is approved under the Act, s 225 for this provision, the form must be used.

Note 2 See the Act, s 29 (2) and (3) for what the administering authority must do on receiving an application.

(3) If the administering authority refuses an application, the person must do something mentioned in the Act, section 26 (2) or section 28 (2) not later than—

(a) 7 days after the person is told about the decision; and

(b) 28 days after the notice to which the application relates was served.

14D Extension of time—application out-of-time—Act, s 29 (5)

(1) A person may apply to the administering authority for an extension of time to do something mentioned in the Act, section 26 (2) or section 28 (2) if—

(a) the person has been served with a reminder notice in relation to an infringement notice for the offence; and

(b) the person has not done anything mentioned in the Act, section 28 (2) in relation to the reminder notice; and

(c) the time for doing something under that section including any extension of time given under a previous application of the Act, section 29, has ended.

(2) An application must—

(a) be in writing; and

(b) state the special circumstances relied on; and

Note 1 If a form is approved under the Act, s 225 for this provision, the form must be used.

Note 2 See the Act, s 29 (2) and (3) for what the administering authority must do on receiving an application.

(3) The administering authority must allow the application if it reasonably believes special circumstances justify allowing an extension of time.

(4) If the administering authority refuses an application, the person must do something mentioned in the Act, section 26 (2) or section 28 (2) not later than 7 days after the person is told about the decision.

14E Maximum amount of extended time allowed—

Act, s 29 (5)

The maximum amount of time the administering authority may allow on an application under section 14C or section 14D is as follows:

(a) for an application to extend the time to do a thing mentioned in the Act, section 26 (2)—6 months;

(b) for an application to extend the time to do a thing mentioned in the Act, section 28 (2)—6 months.

14F Illegal user declaration—Act, s 21A, def illegal user declaration, par (b)

The following information is prescribed:

(a) if the person is an individual—a statement to the effect that the person was not the person who was in possession or control of the vehicle at the time of the offence;

(b) if the vehicle was stolen or illegally used or taken—

(i) the date and time when the vehicle was first noticed to be stolen or illegally used or taken; and

(ii) the name and home address or business address of each person who had access to the vehicle before it was stolen or illegally used or taken; and

(iii) the last place the vehicle was known to be parked before it was stolen or illegally used or taken; and

(iv) the name and home address or business address of each person who had access to the vehicle before it was stolen or illegally used or taken; and

(v) the name and home address or business address of the person last known to have lawfully used the vehicle before it was stolen or illegally used or taken;

(d) if the responsible person knows the name or home address or business address of the person who illegally used or took the vehicle—that person’s name or home address or business address.

Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14G Known user declaration—Act, s 21A, def known user declaration, par (c)

The following information is prescribed:

(a) if the person is an individual—a statement to the effect that the person was not the person who was in possession or control of the vehicle at the time of the offence;

(b) the name and home address or business address of the person (the known user) who was the person who was in possession or control of the vehicle at the time of the offence;

Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14H Sold vehicle declaration—Act, s 21A, def sold vehicle declaration, par (c)

The following information is prescribed:

(a) a statement to the effect that the vehicle (or all the person’s interest in the vehicle) was sold or otherwise disposed of by the person, or any interest in the vehicle ceased to be vested in the person, before the time of the offence;

(b) a statement to the effect that, at the time of the offence, the person did not have possession or control of the vehicle;

(i) the name and home address or business address of the person (the buyer) to whom the vehicle (or the person’s interest in the vehicle) was sold or disposed of; and

(ii) if the buyer is not an individual—the buyer’s ABN or ACN, if applicable; and

(iii) the date and, if relevant to the offence, time of the sale or disposal; and

(iv) if an agent made the sale or disposal for the person—the agent’s name and home address or business address; and

(v) whether the person had any interest in the vehicle at the time of the offence;

(d) that the person completed and signed an application for transfer of registration as disposer of the vehicle and gave the completed form to the buyer;

Note See the Road Transport (Vehicle Registration) Regulation 2000, s 73 for obligations of disposers of vehicles.

(e) whether the person told the road transport authority that the person disposed of the vehicle.

Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14I Unknown user declaration—Act, s 21A, def unknown user declaration, par (c)

The following information is prescribed:

(a) if the person is an individual—a statement explaining why the person did not have possession or control of the vehicle at the time of the offence;

(b) if the person is a corporation—a statement about whether or not the vehicle was being used for an approved corporate use at the time of the offence;

(c) a statement explaining why the person could not find out the identity of the person who was in possession or control of the vehicle at that time;

(d) a statement about the steps, including any inquiries, the person has taken to establish the identity of the person who was in possession or control of the vehicle at that time;

(e) the name and home address or business address of the last person known to the responsible person to have been the person who was in possession or control of the vehicle;

(f) the name and home address or business address of each person who at that time had access to the vehicle.

Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14J Contents of suspension warning notice—Act, s 42 (2) (a) (iii)

The following information is prescribed:

(a) the date of the notice;

(b) the corporation’s name, ACN (if known) and business address;

(c) the demerit points offence to which the notice relates, including the date and time when, and the place where, the offence occurred;

(d) that the corporation has not taken all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation’s vehicle at the time of the demerit points offence;

(e) that the infringement notice for the demerit points offence has not been withdrawn;

(f) that any suspension action takes effect on the suspension date and continues until the time stated in the Act, section 42 (6).

14K Contents of suspension confirmation notice—Act, s 42 (4) (d)

The following information is prescribed:

(a) the date of the notice;

(b) the corporation’s name, ACN (if known) and business address;

(c) the demerit points offence to which the notice relates, including the date and time when, and the place where, the offence occurred;

(d) that the corporation has not taken all reasonable steps to assist the administering authority to identify the individual in possession or control of the corporation’s vehicle at the time of the demerit points offence;

(e) that the infringement notice for the demerit points offence has not been withdrawn.

14L Content of suspension notice—Act, s 44 (3) (c)

The following information is prescribed:

(a) the date of the notice;

(b) the name and home address or business address of the person;

(c) that the infringement notice penalty to which the notice relates has not been paid, and the notice has not been withdrawn;

(d) that any suspension action takes effect on the suspension date and continues until the suspension is revoked under the Act, part 3.

[1.14] Section 16

omit

[1.15] Schedule 1, part 1.7, item 2

omit

[1.16] Schedule 1, part 1.7, item 3

substitute

43B (1)

drive interstate corporate vehicle when right to drive vehicle in ACT suspended under s 42

440

[1.17] Schedule 1, new part 1.9

insert

Part 1.9 Road Transport (Offences) Regulation 2005

column 1 item	column 2 offence provision and, if relevant, case	column 3 short description	column 4 offence penalty (pu)	column 5 infringement penalty ($)	column 6 demerit points
1	12 (4)	do something to prevent responsible person receiving/reading infringement notice on vehicle	20	275

Part 1.5 Road Transport (Vehicle Registration) Regulation 2000

[1.18] New section 28 (ca)

insert

(ca) for 2 individuals seeking to be recorded as registered operators of the same light vehicle—the name and address of the individual who is to be the contact person for the service of notices under the road transport legislation in relation to the vehicle; and

[1.19] New section 162 (5) (d)

insert

(d) the individual nominated as the contact person for the service of notices relating to the vehicle is taken to be the responsible person for the vehicle for an infringement notice offence involving the vehicle.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 29 March 2012.

2 Notification

Notified under the Legislation Act on 2012.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

[Index] [Search] [Download] [Related Items] [Help]