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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Amendment (Electronic
Traffic Infringement Notices Trial) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to establish a trial for the service of penalty notices under the Road
Transport Act 2013 to email addresses or mobile phone numbers where the persons on whom
those penalty notices are to be served elect to have the penalty notices served on them in that way.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Clause 3 inserts proposed section 196A into the Road Transport Act 2013 (the Principal Act).
The proposed section establishes a trial for the service of penalty notices to email addresses or
mobile phone numbers. The trial is to last for 2 years from the date of commencement of the
proposed section (although the length of the trial can be extended by regulation). In addition to the
methods of service of penalty notices set out in section 196 of the Principal Act, a police officer
can serve a penalty notice by causing it to be sent to an email address or mobile phone number. A
police officer may do this only if he or she is authorised by the Commissioner of Police to serve
penalty notices in that way and the person on whom the penalty notice is to be served has elected
to have the penalty notice served in that way and has voluntarily provided an email address or
mobile phone number for the purposes of that service. A penalty notice is taken to be served on a
person if it is sent to an email address or mobile phone number that is recorded by a police officer
as having been provided by the person for the purposes of the proposed section. A police officer
is not to serve a penalty notice under the proposed section on a person under the age of 16 years.
b2013-123-31.d08
First print
New South Wales
Road Transport Amendment (Electronic
Traffic Infringement Notices Trial) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport Act 2013 No 18 2
b2013-123-31.d08
New South Wales
Road Transport Amendment (Electronic
Traffic Infringement Notices Trial) Bill 2013
No , 2013
A Bill for
An Act to amend the Road Transport Act 2013 to establish a trial for the service of penalty notices
to email addresses or mobile phone numbers where persons elect to have the penalty notices
served on them in that way.
Road Transport Amendment (Electronic Traffic Infringement Notices Trial) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport Amendment (Electronic Traffic Infringement Notices 3
Trial) Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Road Transport Act 2013 No 18 7
Section 196A 8
Insert after section 196: 9
196A Trial of service of penalty notices by electronic means 10
(1) The object of this section is to establish a trial for the service of penalty 11
notices to email addresses or mobile phone numbers where the persons 12
on whom those penalty notices are to be served elect to have the penalty 13
notices served in that way. 14
(2) This section has effect for 2 years from the date of commencement of 15
this section or for such longer period as may be prescribed by the 16
regulations. 17
(3) This section provides for additional means of service to those set out in 18
section 196. 19
(4) A police officer may serve a penalty notice by causing the penalty 20
notice to be sent to an email address or mobile phone number but only 21
if: 22
(a) the police officer has been authorised by the Commissioner of 23
Police to serve penalty notices in that way for the purposes of the 24
trial, and 25
(b) the person on whom the penalty notice is to be served has elected 26
to have the penalty notice served in that way and has voluntarily 27
provided an email address or mobile phone number for the 28
purposes of that service. 29
(5) A penalty notice is taken to have been served on a person if it is sent to 30
an email address or mobile phone number that is recorded by a police 31
officer as having been provided by the person for the purposes of this 32
section. 33
(6) A police officer is not to serve a penalty notice under this section on a 34
person under the age of 16 years. 35
Page 2
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