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ROAD TRANSPORT (ROAD RULES) (CONSEQUENTIAL AMENDMENTS) REGULATION 2017 (NO 1) (NO 44 OF 2017)
Road Transport (Road Rules) (Consequential Amendments) Regulation 2017 (No 1)
Subordinate law SL2017–44
made under the
Dangerous Goods (Road Transport) Act 2009, s 196 (Regulation-making
power)
Road Transport (Driver Licensing) Act
1999, s 26 (Regulation-making power)
Road Transport (General) Act
1999, s 233 (General regulation-making power)
Road Transport (Public
Passenger Services) Act 2001, s 126 (Regulation-making power)
Road
Transport (Vehicle Registration) Act 1999, s 13 (General regulation-making
power)
Victims of Crime Act 1994, s 30 (Regulation-making
power)
EXPLANATORY STATEMENT
Introduction
This explanatory statement relates to the Road Transport (Road Rules)
(Consequential Amendments) Regulation 2017 (No 1) (the regulation). It has
been prepared in order to assist the reader of the regulation. This explanatory
statement must be read in conjunction with the regulation. It is not, and is
not meant to be, a comprehensive description of the regulation. What is said
about a provision is not taken as an authoritative guide to the meaning of a
provision, this being a task for the courts.
Overview
The Regulation amends the below listed legislation as a
consequence to the commencement of the Road Transport (Road Rules) Regulation
2017 and Road Transport (Safety and Traffic Management) Regulation
2017:
a) Dangerous Goods (Road Transport) Regulation 2010
a) Road Transport (Driver Licensing) Regulation 2000
b) Road Transport (General) Regulation 2000
c) Road Transport (Offences) Regulation 2005
d) Road Transport (Public Passenger Services) Regulation 2002
e) Road Transport (Vehicle Registration) Regulation 2000
f) Victims of Crime Regulation 2000.
These amendments are set out
in Schedule 1 of the regulation and primarily removes references to the
Australian Road Rules (ARRs) and Road Transport (Safety and Traffic
Management) Regulation 2000, and where necessary, replaces them respectively
with references to the Road Transport (Road Rules) Regulation 2017 and
Road Transport (Safety and Traffic Management) Regulation
2017.
This regulation also repeals the:
b) Road Transport (Safety and Traffic Management) Regulation 2000 (SL2000-10)
c) Road Transport (Safety and Traffic Management) Australian Road Rules Incorporation 2013 (No 1) (NI2013-329)
d) Road Transport (General) (Australian Road Rules – Heavy Motorised Wheelchairs) Exemption 2007 (No 1) (DI2007-207)
e) Road Transport (General) (Motorcycle Lane Filtering Trial) Exemption
2015 (No 1) (DI2015-2).
The provisions of these regulations and
instruments have been incorporated into the Road Transport (Road Rules)
Regulation 2017.
There are no human rights implications associated
with this regulation.
There are no climate change implications associated
with this regulation.
Notes on clauses
Clause 1
Name of regulation
This clause specifies the name of the
regulation as the Road Transport (Road Rules) (Consequential Amendments)
Regulation 2017 (No 1).
Clause 2
Commencement
This clause provides that the regulation will
commence on the commencement of the Road Transport (Road Rules) Regulation
2017.
Clause 3
Legislation amended-sch 1
This clause specifies that the
legislation amended by this regulation is mentioned in schedule 1 of the
regulation.
Clause 4 Legislation repealed
This clause specifies that the
legislation repealed by this regulation is the:
• Road Transport (Safety and Traffic Management) Regulation 2000
(SL2000-10)
• Road Transport (Safety and Traffic Management)
Australian Road Rules Incorporation 2013 (No 1) (NI2013-329).
It also specifies that the instruments repealed by this regulation are
the:
• Road Transport (General) (Australian Road Rules – Heavy
Motorised Wheelchairs) Exemption 2007 (No 1) (DI2007-207)
• Road Transport (General) (Motorcycle Lane Filtering Trial)
Exemption 2015 (No 1) (DI2015-2).
Schedule 1 Legislation
amended
Part 1.1 Dangerous Goods (Road Transport) Regulation 2010
This
part of the regulation makes consequential amendments to the Dangerous Goods
(Road Transport) Regulation 2010.
Section 1.1 Dictionary, note 3
This section removes the dot point
reference to the Australian Road Rules.
Part 1.2 Road Transport (Driver Licensing) Regulation 2000
This
part of the regulation makes consequential amendments to the Road Transport
(Driver Licensing) Regulation 2000.
Section 1.2 Section 99 (2), note, par (a)
This section removes the
reference to the Australian Road Rules. This is a consequential amendment as
the definition of bicycle has not been carried over to the Road
Transport (Road Rules) Regulation 2017 from the Australian Road Rules as the
term is defined in the Road Transport (General) Act 1999,
dictionary.
Section 1.3 Dictionary, note 4
This section removes the dot point
reference to the Australian Road Rules.
Part 1.3 Road Transport (General) Regulation 2000
This part of the
regulation makes consequential amendments to the Road Transport (General)
Regulation 2000.
Section 1.4 Section 6 (3)
This section removes the reference
Australian Road Rules, rule 304 and replaces it with a reference to the Road
Transport (Road Rules) Regulation 2017, section 304 (Direction by police
officer or authorised person).
Section 1.5 Section 6 (3), note 2
This section removes the
reference ARR, rule 304 and replaces it with a reference to the
Road Transport (Road Rules) Regulation 2017, section 304.
Section 1.6 Section 6 (4), definition of authorised
This
section removes the reference Australian Road Rules, rule 304 and replaces it
with a reference to the Road Transport (Road Rules) Regulation 2017,
section 304.
Section 1.7 Section 7 (1)
This section removes the reference
Australian Road Rules, rule 304 (Direction by police officer or authorised
person) and replaces it with a reference to the Road Transport (Road Rules)
Regulation 2017, section 304 (Direction by police officer or authorised
person).
Section 1.8 Section 7 (3)
This section removes the reference
Australian Road Rules, rule 304 and replaces it with a reference to the
Road Transport (Road Rules) Regulation 2017, section 304.
Section 1.9 Section 7 (3), note 2
This section removes the
reference ARR, rule 304 and replaces it with a reference to the Road
Transport (Road Rules) Regulation 2017, section 304.
Section 1.10 Section 7 (4)
This section removes the reference
Australian Road Rules, rule 304 and replaces it with a reference to the
Road Transport (Road Rules) Regulation 2017, section 304.
Section 1.11 Section 8
This section removes the reference Road
Transport (Safety and Traffic Management) Regulation 2000, section 100 (2)
(g) and replaces it with a reference to the Road Transport (Safety and
Traffic Management) Regulation 2017, section 64 (2) (g).
Section 1.12 Schedule 1, part 1.9
Schedule 1 of the Road
Transport (General) Regulation 2000 identifies the responsible body who may
conduct an internal review of a decision and which provisions under the road
transport law may be reviewed internally. The amendment inserts new Part 1.8A
(Road Transport (Road Rules) Regulation 2017) which lists the responsible
body and provisions under the new Road Transport (Road Rules) Regulation
2017 that may be received internally.
The amendment also substitutes
a new Part 1.9 (Road Transport (Safety and Traffic Management) Regulation
2017) which lists the responsible body and provisions under the new
Road Transport (Safety and Traffic Management) Regulation 2017 that may
be reviewed internally.
Section 1.13 Schedule 2, part 2.1
Schedule 2 of the Road
Transport (General) Regulation 2000 identifies the responsible body who may
conduct a reviewable decision and which provisions under the road transport law
may be reviewed. The amendment substitutes a new Part 2.1 (Road Transport
(Safety and Traffic Management) Regulation 2017) which lists the
responsible body and provisions under the new Road Transport (Safety and
Traffic Management) Regulation 2017 that may be a reviewed decision.
Section 1.14 Schedule 3, part 3.2, item 9, column 2
This section
removes the reference to the old Road Transport (Safety and Traffic
Management) Regulation 2000 and replaces it with a reference to the new
Road Transport (Safety and Traffic Management) Regulation 2017.
Section 1.15 Dictionary, note 3
This section removes
the reference made to the Australian Road Rules.
Section 1.16 Dictionary, definition of parking permit
This
section identifies that the definition of parking permit is located in
the new Road Transport (Safety and Traffic Management) Regulation 2017,
section 64.
Part 1.4 Road Transport (Offences) Regulation 2005
This part of
the regulation makes consequential amendments to the Road Transport
(Offences) Regulation 2005.
Section 1.17 Section 3, note 1
In the example of note 1, this
section has been amended to reference the Road Transport (Road Rules)
Regulation 2017, section 23 (2) for the definition of school
zone.
Section 1.18 Section 8 (1) (a) and (b)
Section 8 of the Road
Transport (Offences) Regulation 2005 identifies the administering authority
for infringement notice offences. This amendment substitutes references to the
Australian Road Rules with reference to the new Road Transport (Road Rules)
Regulation 2017, reflects the new relevant part and section numbering and
includes infringement notice offence provisions that were in the old Road
Transport (Safety and Traffic Management) Regulation 2000 and are now in the
new Road Transport (Road Rules) Regulation 2017. This amendment does not
change the administering authority for any of the infringement notice offences.
Section 1.19 Section 21 (2) (a)
This section substitutes
references to the Australian Road Rules with references to the Road Transport
(Road Rules) Regulation 2017 and reflects the new numbering of the relevant
part and section.
Section 1.20 Schedule 1, part 1.2
Schedule 1 of the Road
Transport (Offences) Regulation 2005, provides the short descriptions,
penalty amounts and the number of demerit points that apply to the offences
under the relevant road transport laws. This amendment removes part 1.2
(Australian Road Rules) which refers to offence provisions under the Australian
Road Rules.
Section 1.21 Schedule 1, part 1.12, item 6
Schedule 1, part 1.12
(Road Transport (Safety and Traffic Management) Act 1999) provides the short
descriptions, penalty amounts and the number of demerit points that apply to the
offences under the Road Transport (Safety and Traffic Management) Act
1999. This section amends the short description of item 6.1 and 6.2 to
bring the wording into line with the offence provision under section 5B (2) of
the Road Transport (Safety and Traffic Management) Act 1999.
Section 1.22 Schedule 1, part 1.13
As a consequential amendment to
the making of the new Road Transport (Road Rules) Regulation 2017 and the
adoption of the 10th and 11th ARR amendment packages, this
section inserts new part 1.12A (Road Transport (Road Rules) Regulation 2017),
which provides the short descriptions, penalty amounts and the number of demerit
points that apply to the offences now under that regulation.
This
section also amends part 1.13 (Road Transport (Safety and Traffic Management)
Regulation 2017) which provides short descriptions, penalty amounts and the
number of demerit points that apply to the remaining offences under the new
Road Transport (Safety and Traffic Management) Regulation 2017. These
amendments include the new section numbering of offence provisions and some
minor grammatical amendments.
Section 1.23 Dictionary, note 3
This section removes the dot point
reference to the Australian Road Rules.
Section 1.24 Dictionary, definition of school zone
This
section removes the reference Australian Road Rules, rule 23 and replaces it
with a reference to the Road Transport (Road Rules) Regulation 2017,
section 23.
Part 1.5 Road Transport (Public Passenger Services) Regulation
2002
This part of the regulation makes consequential amendments to the
Road Transport (Public Passenger Services) Regulation 2002.
Section 1.25 Section 52 (2) (e)
This section amends section 52 (2)
(e) by removing the unnecessary reference to the Australian Road Rules.
Section 1.26 Section 132 (3), note 1
This section removes the
reference Australian Road Rules, r 265 and r 266, and replaces it with a
reference to the Road Transport (Road Rules) Regulation 2017, s 265
and s 266.
Section 1.27 Section 132 (3), note 2
This section removes the
reference to Australian Road Rules, r 267, and replaces it with a reference to
the Road Transport (Road Rules) Regulation 2017, s 267.
Section 1.28 Section 132 (3), note 3
Section 132 (3), note 3
refers the reader to Australian Road Rule, r 267 (1) which provides that a
person is exempt from wearing a seatbelt if the person is exempt under another
law of this jurisdiction. As there is no Territory law to exempt a person from
wearing a seatbelt, Australian Road Rule, r 267 (1) is not carried over to the
new Road Transport (Road Rules) Regulation 2017. As a consequence this
section removes note 3 from section 132 (3) of the regulation.
Section 1.29 Section 138 (2), note 1
This section removes the
reference to Australian Road Rules, r 265 and r 266, and replaces it with a
reference to the Road Transport (Road Rules) Regulation 2017, s 265
and s 266.
Section 1.30 Section 138 (2), note 2
This section removes the
reference Australian Road Rules, r 267, and replaces it with a reference to the
Road Transport (Road Rules) Regulation 2017, s 267.
Section 1.31 Section 138 (2), note 3
Section 138 (2), note 3
refers the reader to Australian Road Rule, r 267 (1) which provides that a
person is exempt from wearing a seatbelt if the person is exempt under another
law of this jurisdiction. As there is no Territory law to exempt a person from
wearing a seatbelt, Australian Road Rule, r 267 (1) is not carried over to the
new Road Transport (Road Rules) Regulation 2017. As a consequence this
section removes note 3 from section 138 (2) of the regulation.
Section 1.32 Section 270 (5), note 1
This section removes the
reference Australian Road Rules, r 265 and r 266, and replaces it with a
reference to the Road Transport (Road Rules) Regulation 2017, s 265 and s
266.
Section 1.33 Section 270 (5), note 2
This section removes the
reference Australian Road Rules, r 267, and replaces it with a reference to the
Road Transport (Road Rules) Regulation 2017, s 267.
Section 1.34 Section 270 (5), note 3
Section 270 (5), note 3
refers the reader to Australian Road Rule, r 267 (1) which provides that a
person is exempt from wearing a seatbelt if the person is exempt under another
law of this jurisdiction. As there is no Territory law to exempt a person from
wearing a seatbelt, Australian Road Rule, r 267 (1) is not carried over to the
new Road Transport (Road Rules) Regulation 2017. As a consequence this
section removes note 3 from section 270 (5) of the regulation.
Section 1.35 Section 286 (2) (e)
This section amends section 286
(2) (e) by removing the unnecessary reference to the meaning of the Australian
Road Rules, dictionary for a wheeled recreational device.
Section 1.36 Dictionary, note 4
This section removes the dot point
reference to the Australian Road Rules.
Section 1.37 Dictionary, definition of taxi zone, paragraph
(a)
This section removes the reference Australian Road Rule, rule 182 and
replaces it with a reference to the Road Transport (Road Rules)
Regulation 2017, section 182.
Section 1.38 Dictionary, definition of wheelchair
This
section removes the reference Australian Road Rules and replaces it with a
reference to the Road Transport (Road Rules) Regulation
2017.
Section 1.39 Dictionary, new definition of wheeled recreational
device
This amendment inserts in the dictionary the definition of
wheeled recreational device, by a signpost to the definition in the
Road Transport (Road Rules) Regulation 2017, dictionary.
Part 1.6 Road Transport (Vehicle Registration) Regulation
2000
This part of the regulation makes consequential amendments to the
Road Transport (Vehicle Registration) Regulation 2000.
Section 1.40 Section 20, note, paragraph (a)
This section removes
the reference to the Australian Road Rules. This is a consequential amendment
as the definition of bicycle has not been carried over to the Road
Transport (Road Rules) Regulation 2017 from the Australian Road Rules as the
term is defined in the Road Transport (General) Act 1999,
dictionary.
Section 1.41 Schedule 1, part 1.7 heading, note
This amendment
removes the reference Australian Road Rules and replaces it with a reference to
the Road Transport (Road Rules) Regulation 2017.
Section 1.42 Schedule 1, part 1.8 heading, note
This amendment
removes the reference Australian Road Rules and replaces it with a reference to
the Road Transport (Road Rules) Regulation 2017.
Section 1.43 Dictionary, note 4
This section removes the dot point
reference to the Australian Road Rules.
Section 1.44 Dictionary, definition of emergency
worker
This section removes the reference Road Transport (Safety
and Traffic Management) Regulation 2000 and replaces it with a reference to
the Road Transport (Road Rules) Regulation 2017.
Section 1.45 Dictionary, definition of road train
This
amendment inserts in the dictionary the definition of road train, by a
signpost to the definition in the Heavy Vehicle National Law (ACT),
section 5.
Part 1.7 Victims of Crime Regulation 2000
This part of the
regulation makes consequential amendments to the Victims of Crime Regulation
2000.
Section 1.46 Schedule 2, parts 2.1 and 2.2
Schedule 2 of the
Victims of Crime Regulation 2000 provides a list of offences that are
excluded from the victims services levy. This amendment substitutes part 2.1
(Australian Road Rules) with the new part 2.1 (Road Transport (Road Rules)
Regulation 2017). Part 2.1 contains offences that are excluded from the victims
services levy. Part 2.1 has been amended to reflect the consequential
amendments as a result of the new Road Transport (Road Rules) Regulation
2017.
The amendment also substitutes part 2.2 (Road Transport
(Safety and Traffic Management) Regulation 2000) with the new part 2.2 (Road
Transport (Safety and Traffic Management) Regulation 2017). Part 2.2 contains
the offences that are excluded from the victims services levy. Part 2.2 has
been amended to reflect the consequential amendments as a result of the new
Road Transport (Safety and Traffic Management) Regulation
2017.