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Road Transport Legislation
Amendment Act 1999 No 19
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of Acts and Regulations 2
4 Amendment of Acts and Regulations 2
Schedules
1 Repeals 3
2 Consequential amendment of Acts 4
3 Consequential amendment of Regulations 62
4 Other amendment of Acts 86
[96]
New South Wales
Road Transport Legislation
Amendment Act 1999 No 19
Act No 19, 1999
An Act to repeal the Traffic Act 1909 and certain related legislation; to amend
other legislation consequent on those repeals and the enactment of the Road
Transport (General) Act 1999 and the Road Transport (Safety and Traffic
Management) Act 1999; to amend the Subordinate Legislation Act 1989 to
exempt principal statutory rules that include matters involving the
implementation of certain intergovernmental road transport agreements from the
requirement to prepare regulatory impact statements and to postpone the date for
the staged repeal of certain regulations made under the Traffic Act 1909; to
make amendments in the nature of statute law revision and other amendments
to the Road Transport (Driver Licensing) Act 1998, the Road Transport
(Vehicle Registration) Act 1997 and the Traffic Act 1909; and for other
purposes. [Assented to 1 July 1999]
Section 1 Road Transport Legislation Amendment Act 1999 No 19
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport Legislation Amendment Act 1999.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day or days to
be appointed by proclamation.
(2) Schedule 4 (and so much of section 4 as relates to that Schedule)
commence on the date of assent.
3 Repeal of Acts and Regulations
The Acts and Regulations specified in Schedule 1 are repealed.
4 Amendment of Acts and Regulations
The Acts and Regulations specified in Schedules 2-4 are amended
as set out in those Schedules.
Page 2
Road Transport Legislation Amendment Act 1999 No 19
Repeals Schedule 1
Schedule 1 Repeals
(Section 3)
Acts
Traffic Act 1909 No 5
Traffic Amendment (Confiscation of Keys and Driving Prevention) Act 1998
No 1
Traffic Amendment (Disqualification for Speeding) Act 1997 No 132
Traffic Amendment (Learner Driver Supervisors) Act 1996 No 75
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Traffic Amendment (Penalties and Disqualifications) Act 1998 No 70
Traffic Amendment (Speeding Anti-evasion Measures) Act 1998 No 152
Traffic Amendment (Street and Illegal Drag Racing) Act 1996 No 145
Traffic Amendment (Street and Illegal Drag Racing) Act 1997 No 74
Traffic Amendment (Tyre Deflation--Police Pursuits) Act 1998 No 112
Traffic Amendment (Variable Speed Limits) Act 1998 No 27
Traffic Amendment (Vehicle Identification) Act 1996 No 146
Traffic and Crimes Amendment (Menacing and Predatory Driving) Act 1997
No 75
Traffic Legislation Amendment Act 1997 No 115
Regulations
General Traffic Regulations 1916
General Traffic (Pedestrian) Regulations 1937
Motor Traffic Regulations 1935
Traffic (Savings and Transitional) Regulation 1993
Page 3
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
Schedule 2 Consequential amendment of Acts
(Section 4)
2.1 Bicentennial Park Trust Act 1987 No 29
[1] Section 22 Liability of vehicle owner for parking offences
Omit the definition of owner from section 22 (6). Insert instead:
owner of a vehicle includes the responsible person for the
vehicle within the meaning of the Road Transport (General)
Act 1999.
[2] Section 22 (6), definitions of "registered" and "trader's plate"
Omit the definitions.
2.2 Centennial Park and Moore Park Trust Act 1983 No 145
Section 23 Liability of vehicle owner for certain offences
Omit section 23 (6). Insert instead:
(6) In this section:
owner of a vehicle includes the responsible person for the
vehicle within the meaning of the Road Transport (General)
Act 1999.
2.3 Children (Criminal Proceedings) Act 1987 No 55
[1] Section 3 Definitions
Omit paragraph (a) from the definition of traffic offence in section 3 (1).
Insert instead:
(a) the road transport legislation within the meaning of
the Road Transport (General) Act 1999,
Page 4
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[2] Section 33 Penalties
Omit section 33 (5) (a). Insert instead:
(a) to impose any disqualification under the road
transport legislation within the meaning of the Road
Transport (General) Act 1999 on a person whom it
has found guilty of an offence,
2.4 Community Land Management Act 1989 No 202
[1] Section 116 Open and private access ways
Omit section 116 (1) (a). Insert instead:
(a) the road transport legislation within the meaning of
the Road Transport (General) Act 1999, and
[2] Section 116 (7)
Omit the definition of road or road related area. Insert instead:
road or road related area means a road or road related area
within the meaning of the Road Transport (General) Act
1999 (other than a road or road related area that is the subject
of a declaration made under section 9 (1) (b) of that Act
relating to all of the provisions of that Act).
2.5 Credit Act 1984 No 94
Section 5 Definitions
Omit "Motor Traffic Act 1909" from paragraph (a) of the definition of
commercial vehicle in section 5 (1).
Insert instead "Road Transport (General) Act 1999".
Page 5
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
2.6 Crimes Act 1900 No 40
[1] Section 52A Dangerous driving: substantive matters
Omit the definition of drug from section 52A (9). Insert instead:
drug has the same meaning as it has in the Road Transport
(Safety and Traffic Management) Act 1999.
[2] Section 52A (9), definition of "road"
Omit paragraph (a). Insert instead:
(a) a road or road related area within the meaning of the
Road Transport (General) Act 1999 (other than a road
or road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all
of the provisions of that Act), or
[3] Section 52AA Dangerous driving: procedural matters
Omit section 52AA (2). Insert instead:
(2) Evidence of intoxication. For the purposes of section 52A,
evidence may be given of the concentration of alcohol
present in the accused's blood at the time of the impact
occasioning death or grievous bodily harm occurring at a
place that is not a road or road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road or road related area that is the subject of a
declaration made under section 9 (1) (b) of that Act relating
to all of the provisions of that Act) as determined by a blood
analysis carried out in accordance with Division 4 of Part 2
of the Road Transport (Safety and Traffic Management) Act
1999.
[4] Section 52B Dangerous navigation: substantive matters
Omit the definition of drug from section 52B (9). Insert instead:
drug has the same meaning as it has in the Road Transport
(Safety and Traffic Management) Act 1999.
Page 6
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[5] Section 154AA Car stealing etc
Omit section 154AA (2). Insert instead:
(2) In this section:
motor car means a motor vehicle (but not a trailer) within
the meaning of the Road Transport (General) Act 1999, but
does not include a caravan or motor vehicle constructed
principally for use in agricultural production.
[6] Section 353A Power to search person, make medical examination,
take photograph, finger-prints etc
Omit section 353A (7) (b). Insert instead:
(b) an offence under section 42 of the Road Transport
(Safety and Traffic Management) Act 1999 of driving
a motor vehicle on a road or road related area (other
than a road or road related area that is the subject of
a declaration made under section 9 (1) (b) of the Road
Transport (General) Act 1999) negligently
occasioning death, negligently occasioning grievous
bodily harm, furiously or recklessly or at a speed or in
a manner that is dangerous to the public,
[7] Section 353A (7) (c)
Omit the paragraph. Insert instead:
(c) an offence under any of the following provisions of
the Road Transport (Safety and Traffic Management)
Act 1999:
(i) section 9 (1), (2) (a) or (b), (3) (a) or (b), (4)
(a) or (b), 15 (4) or 16,
(ii) section 12 (1) (a) or (b),
(iii) section 22 (2),
(iv) section 29 (2),
(v) section 43,
(vi) section 70,
Page 7
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[8] Section 356B Effect of Part on other powers and duties
Omit "section 4E of the Traffic Act 1909" from section 356B (1) (b).
Insert instead "Division 3 of Part 2 of the Road Transport (Safety and
Traffic Management) Act 1999".
[9] Section 414A Certificates to be evidence
Omit "section 4AB of the Traffic Act 1909" from section 414A (1A).
Insert instead "section 46 of the Road Transport (Safety and Traffic
Management) Act 1999".
[10] Section 414A (1C)
Omit "section 4AC of the Traffic Act 1909".
Insert instead "section 47 of the Road Transport (Safety and Traffic
Management) Act 1999".
[11] Section 414A (1D) (a)
Omit "Traffic Act 1909".
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
[12] Section 414A (2)
Omit "4E (12) (a) or (b) of the Traffic Act 1909" and "section 4E of
that Act".
Insert instead "section 33 (1) or (2) of the Road Transport (Safety and
Traffic Management) Act 1999" and "Division 3 of Part 2 of that Act"
respectively.
[13] Section 414A (3A)
Omit "section 5AB of the Traffic Act 1909 (Evidence of presence of
drugs)" and "section 5 (2) of that Act".
Insert instead "section 34 or 35 of the Road Transport (Safety and Traffic
Management) Act 1999" and "section 12 of that Act" respectively.
Page 8
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[14] Section 414A (4)
Omit "section 4G of the Traffic Act 1909" and "section 4E of that Act".
Insert instead "33 (4), (5), (6) or (7) of the Road Transport (Safety and
Traffic Management) Act 1999" and "Division 3 of Part 2 of that Act"
respectively.
[15] Section 414A (6) (a)
Omit "Traffic Act 1909".
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
2.7 Criminal Records Act 1991 No 8
Section 11 How are traffic offences to be dealt with?
Omit "(within the meaning of the Traffic Act 1909)" from section 11 (1)
and (4) wherever occurring.
Insert instead "(within the meaning of the road transport legislation
referred to in section 5 of the Road Transport (General) Act 1999)".
2.8 Crown Lands Act 1989 No 6
Section 161 Liability of vehicle owner for certain offences
Omit the definition of owner from section 161 (6). Insert instead:
owner of a vehicle includes the responsible person for the
vehicle within the meaning of the Road Transport (General)
Act 1999.
Page 9
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
2.9 Darling Harbour Authority Act 1984 No 103
Section 23J Application of certain legislation
Omit section 23J (1) (h). Insert instead:
(h) the road transport legislation within the meaning of
the Road Transport (General) Act 1999,
2.10 Driving Instructors Act 1992 No 3
[1] Section 3 Definitions
Omit the definitions of motor vehicle, road and road related area from
section 3 (1).
Insert instead:
motor vehicle means a motor vehicle (including any trailer
towed by the vehicle) within the meaning of the Road
Transport (General) Act 1999.
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
[2] Section 15 Testing of applicant
Omit "the Traffic Act 1909, and of the regulations made under that Act,"
from section 15 (b).
Insert instead "the road transport legislation within the meaning of the
Road Transport (General) Act 1999".
Page 10
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[3] Section 28 Return of licence
Omit "up to the officer in charge of a district registry within the meaning
of the Traffic Act 1909 or to any other place" from section 28 (5).
Insert instead "to a place".
[4] Section 53 Use of unsatisfactory vehicle
Omit "the Traffic Act 1909 and the regulations made under that Act".
Insert instead "the road transport legislation within the meaning of the
Road Transport (General) Act 1999".
[5] Section 54 Employer not to allow use of unsatisfactory vehicle
Omit "the Traffic Act 1909 and the regulations made under that Act".
Insert instead "the road transport legislation within the meaning of the
Road Transport (General) Act 1999".
2.11 Duties Act 1997 No 123
Dictionary
Omit the definition of road. Insert instead:
road means a road or road related area within the meaning of
the Road Transport (Vehicle Registration) Act 1997 (other
than a road or road related area that is the subject of a
declaration made under section 9 (1) (b) of the Road
Transport (General) Act 1999 relating to all of the
provisions of that Act).
2.12 Electricity Safety Act 1945 (1946 No 13)
Section 19F Definitions
Omit the definition of traffic route. Insert instead:
traffic route has the same meaning as it has in section 45E
of the Transport Administration Act 1988.
Page 11
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
2.13 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices
issued
Omit "Traffic Act 1909, section 18B".
Insert in appropriate alphabetical order:
Road Transport (General) Act 1999, Division 1 of Part 3
2.14 Forestry Act 1916 No 55
Section 38C Liability of vehicle owners for parking offences
Omit the definition of owner from section 38C (1). Insert instead:
owner of a motor vehicle includes the responsible person for
the vehicle within the meaning of the Road Transport
(General) Act 1999.
2.15 Impounding Act 1993 No 31
Dictionary of expressions used in this Act
Omit paragraph (a) of the definition of motor vehicle. Insert instead:
(a) a motor vehicle within the meaning of the Road
Transport (General) Act 1999 and includes a caravan
or trailer, and
Page 12
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
2.16 Industrial Relations Act 1996 No 17
[1] Schedule 1 Persons deemed to be employees
Omit clause 2 (2) (b). Insert instead:
(b) motor lorry means any motor vehicle (whether or not
in combination with any trailer) that is constructed
principally for the conveyance of goods or
merchandise or for the conveyance of any kind of
materials used in any trade, business or industry, or
for use in any work whatsoever other than the
conveyance of persons, but does not include a motor
cycle or a tractor,
[2] Dictionary
Omit the definition of motor vehicle. Insert instead:
motor vehicle means a motor vehicle or trailer within the
meaning of the Road Transport (General) Act 1999.
2.17 Justices Act 1902 No 27
[1] Section 107 Stay of execution of conviction, order or sentence
pending appeal
Omit section 107 (4). Insert instead:
(4) Despite subsection (1), any period during which the stay is
in force is not to be taken into account when calculating the
length of a period of disqualification from holding a driver
licence resulting from a conviction under the road transport
legislation within the meaning of the Road Transport
(General) Act 1999.
Page 13
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[2] Section 111 Supreme Court may confirm conviction, order or
sentence with effect from an earlier day
Omit section 111 (4). Insert instead:
(4) Despite subsections (1) and (2), any period during which a
stay of execution was in force in respect of a conviction
under the road transport legislation within the meaning of the
Road Transport (General) Act 1999 is not to be taken into
account when calculating the length of a period of
disqualification from holding a driver licence resulting from
the conviction.
[3] Section 112 Appeals relating to certain traffic offences committed
by children
Omit paragraph (a) from the definition of traffic offence in section
112 (2).
Insert instead:
(a) the road transport legislation within the meaning of
the Road Transport (General) Act 1999, or
[4] Section 127 Stay of execution of conviction, order or sentence
pending appeal
Omit section 127 (4). Insert instead:
(4) Despite subsection (1), any period during which the stay is
in force is not to be taken into account when calculating the
length of a period of disqualification from holding a driver
licence resulting from a conviction under the road transport
legislation within the meaning of the Road Transport
(General) Act 1999.
[5] Section 133D Appeals relating to certain traffic offences committed
by children
Omit paragraph (a) from the definition of traffic offence in section
133D (2).
Insert instead:
(a) the road transport legislation within the meaning of
the Road Transport (General) Act 1999, or
Page 14
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[6] Section 133P Court may confirm conviction, order or sentence with
effect from an earlier day
Omit section 133P (4). Insert instead:
(4) Despite subsections (1) and (2), any period during which a
stay of execution was in force in respect of a conviction
under the road transport legislation within the meaning of the
Road Transport (General) Act 1999 is not to be taken into
account when calculating the length of a period of
disqualification from holding a driver licence resulting from
the conviction.
[7] Section 133AH Stay of execution of conviction, order or sentence
pending appeal
Omit section 133AH (4). Insert instead:
(4) Despite subsection (1), any period during which the stay is
in force is not to be taken into account when calculating the
length of a period of disqualification from holding a driver
licence resulting from a conviction under the road transport
legislation within the meaning of the Road Transport
(General) Act 1999.
[8] Section 154 Regulations
Omit section 154 (1C).
2.18 Liquor Act 1982 No 147
Section 152A Confiscation of proof of age cards
Omit ", the Registered Clubs Act 1976 or the Traffic Act 1909" from
section 152A (1) (c), (4) (c) and (5) (b) wherever occurring.
Insert instead "or the Registered Clubs Act 1976".
Page 15
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
2.19 Local Government Act 1993 No 30
[1] Section 633C
Omit the section. Insert instead:
633C Part not to affect roads and traffic functions under other
Acts
The provisions of this Part:
(a) do not limit or restrict the operation of the road
transport legislation with respect to roads or road
related areas within the meaning of the Road
Transport (General) Act 1999 or the Roads Act 1993
with respect to public roads, and
(b) do not authorise the erection of any device if the
erection of any such device is inconsistent with a
function exercisable under the Road Transport
(Safety and Traffic Management) Act 1999 with
respect to roads or road related areas within the
meaning of that Act or under the Roads Act 1993 with
respect to public roads.
[2] Section 651 Liability of vehicle owner for certain offences
Omit section 651 (9). Insert instead:
(9) In this section:
(a) a reference to a penalty notice is a reference to a
penalty notice under Division 1 of Part 3 of the Road
Transport (General) Act 1999, and
(b) a reference to an owner of a vehicle is a reference to
the responsible person for the vehicle within the
meaning of the Road Transport (General) Act 1999,
and
(c) a reference to an authorised officer is a reference to a
prescribed officer within the meaning of section 15 of
the Road Transport (General) Act 1999.
Page 16
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[3] Dictionary
Omit ", but does not include a metered space (within the meaning of the
Traffic Act 1909)" from the definition of public car park.
Insert instead ", but does not include a pay parking space under the Road
Transport (Safety and Traffic Management) Act 1999 prescribed by the
regulations".
2.20 Marine (Boating Safety--Alcohol and Drugs) Act 1991 No 80
[1] Section 3 Definitions
Omit the definitions of analyst, breath analysing instrument, breath
analysis and breath test from section 3 (1).
Insert instead:
analyst, breath analysing instrument, breath analysis and
breath test have the same meanings as they have in the Road
Transport (Safety and Traffic Management) Act 1999.
[2] Section 3 (1), definition of "drug"
Omit the definition. Insert instead:
drug has the same meaning as it has in the Road Transport
(Safety and Traffic Management) Act 1999.
[3] Section 3 (1), definition of "hospital"
Omit "section 4F of the Traffic Act 1909" from the definition.
Insert instead "section 19 of the Road Transport (Safety and Traffic
Management) Act 1999".
[4] Sections 11 (1), 24 (3) (c), 25 (5) (f) and 26 (4) (f)
Omit "Traffic Act 1909" wherever occurring.
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
Page 17
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
2.21 Marine Safety Act 1998 No 121
[1] Section 20 Definitions
Omit the definition of drug from section 20 (1). Insert instead:
drug has the same meaning as it has in the Road Transport
(Safety and Traffic Management) Act 1999.
[2] Schedule 1 Alcohol and drugs--breath analysis and related matters
Omit "Traffic Act 1909" from clauses 1 (2), 2 (1), 15 (3) (c), 16 (5) (f)
and 17 (4) (f) wherever occurring.
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
2.22 Maritime Services Act 1935 No 47
Section 30C Liability of vehicle owner for parking offences
Omit the definition of Owner from section 30C (6). Insert instead:
Owner of a vehicle includes the responsible person for the
vehicle within the meaning of the Road Transport (General)
Act 1999.
2.23 Motor Accidents Act 1988 No 102
[1] Section 3 Definitions
Omit the definition of excluded area from section 3 (1). Insert instead:
excluded area means a road or road related area within the
meaning of the Road Transport (Vehicle Registration) Act
1997 that is the subject of a declaration made under section
9 (1) (b) of the Road Transport (General) Act 1999 relating
to all of the provisions of the Road Transport (Vehicle
Registration) Act 1997.
Page 18
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[2] Section 3 (1), definition of "light rail vehicle"
Omit "Traffic Act 1909" from the definition of light rail vehicle in
section 3 (1).
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
[3] Section 3 (1), definition of "motor vehicle"
Omit the definition (and related note). Insert instead:
motor vehicle means a motor vehicle or trailer within the
meaning of the Road Transport (General) Act 1999.
Note. The Road Transport (General) Act 1999 defines motor vehicle
to mean a vehicle that is built to be propelled by a motor that forms part
of the vehicle.
[4] Section 3 (1), definition of "road related area"
Omit the definition. Insert instead:
road related area means an area (other than an excluded
area):
(a) referred to in paragraph (a), (b), (c), (d) or (e) of the
definition of road related area in section 4 of the
Road Transport (Vehicle Registration) Act 1997, or
(b) referred to in paragraph (f) of that definition that has
been declared under section 9 (1) (a) of the Road
Transport (General) Act 1999 to be an area to which
the Road Transport (Vehicle Registration) Act 1997
applies.
[5] Section 3 (1), definition of "trailer"
Omit the definition (and related note). Insert instead:
trailer means a trailer within the meaning of the Road
Transport (General) Act 1999.
Note. The Road Transport (General) Act 1999 defines trailer to mean
a vehicle that is built to be towed, or is towed, by a motor vehicle, but
does not include a motor vehicle that is being towed.
Page 19
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[6] Section 3 (1), definition of "vehicle"
Omit the definition (and related note). Insert instead:
vehicle means a vehicle within the meaning of the Road
Transport (General) Act 1999.
Note. The Road Transport (General) Act 1999 defines vehicle to
mean any description of vehicle on wheels (including a light rail
vehicle) but not including other vehicles used on railways or tramways.
[7] Section 42 Accident must be reported within 28 days
Omit "(whether under section 8 of the Motor Traffic Act 1909 or
otherwise)" from section 42 (1).
Insert instead "(whether under the regulations made under the Road
Transport (Safety and Traffic Management) Act 1999 or otherwise)".
[8] Section 74 Contributory negligence--generally
Omit section 74 (2) (a) (i)-(iii). Insert instead:
(i) section 9 of the Road Transport (Safety and
Traffic Management) Act 1999, or
(ii) section 12 of Road Transport (Safety and
Traffic Management) Act 1999,
[9] Section 74 (2) (c) and (d)
Omit the paragraphs. Insert instead:
(c) where the injured person (not being a minor) or the
deceased person was, contrary to the requirements of
regulations made under the Road Transport (Safety
and Traffic Management) Act 1999, not wearing a
seat belt as required by those regulations at the time
of the motor accident,
(d) where the injured person or the deceased person was,
at the time of the motor accident, contrary to the
requirements of regulations made under the Road
Transport (Safety and Traffic Management) Act 1999,
not wearing a protective helmet.
Page 20
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[10] Section 74 (5)
Omit the subsection. Insert instead:
(5) If, in relation to the motor accident, the injured person or
deceased person is convicted of an offence under the Road
Transport (Safety and Traffic Management) Act 1999 of:
(a) refusing or failing to submit to breath analysis, to
undergo a breath test, to submit to an assessment of
sobriety or to provide samples of the person's blood
and urine, or
(b) wilfully altering the concentration of alcohol in the
person's blood, or
(c) preventing a sample of the person's blood from being
taken,
the person is taken, for the purposes of this section, to have
been convicted of an offence under section 9 (4) of the Road
Transport (Safety and Traffic Management) Act 1999.
[11] Section 76 Defence of voluntary assumption of risk
Omit section 76 (3). Insert instead:
(3) For the purposes of subsection (2), a motor vehicle is
engaged in motor racing if it is participating in an organised
motor sports event or an activity that is an offence under
section 40 of the Road Transport (Safety and Traffic
Management) Act 1999.
2.24 Motor Dealers Act 1974 No 52
Section 4 Definitions
Omit paragraph (a) from the definition of inspection report in section
4 (1).
Insert instead:
(a) where no report is prescribed for the purposes of
paragraph (b), an inspection report issued in
accordance with the regulations made under the Road
Transport (Vehicle Registration) Act 1997, or
Page 21
Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
2.25 Motor Vehicle Sports (Public Safety) Act 1985 No 24
[1] Section 3, definitions
Omit the definition of motor vehicle. Insert instead:
motor vehicle means a motor vehicle within the meaning of
the Road Transport (General) Act 1999.
[2] Section 3, definition of "motor vehicle racing ground"
Omit "a road or road related area within the meaning of the Traffic Act
1909 (other than a road or road related area that is the subject of a
declaration made under section 2A (1) (b) of that Act)".
Insert instead "a road or road related area within the meaning of the Road
Transport (General) Act 1999 (other than a road or road related area that
is the subject of a declaration made under section 9 (1) (b) of that Act
relating to all of the provisions of that Act )".
2.26 Motor Vehicles Taxation Act 1988 No 111
[1] Section 3 Definitions
Omit the definitions of motor tricycle and motor vehicle from section
3 (1).
Insert in appropriate alphabetical order:
motor tricycle means any motor vehicle with 3 wheels and
having a GVM (within the meaning of the Road Transport
(Vehicle Registration) Act 1997) of 1 tonne or less.
motor vehicle means a motor vehicle (other than a light rail
vehicle) or trailer within the meaning of the Road Transport
(General) Act 1999.
[2] Section 3 (1), definition of "pensioner"
Omit "by virtue of the regulations under the Traffic Act 1909" from
paragraph (c).
Insert instead "under the Road Transport (Driver Licensing) Act 1998".
Page 22
Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[3] Section 3 (1), definition of "road"
Omit the definition. Insert instead:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
[4] Section 3 (1), definition of "road related area"
Omit the definition. Insert instead:
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
[5] Section 3 (1), definition of "station waggon"
Omit the definition. Insert instead:
station waggon has the same meaning as it has in the Road
Transport (Vehicle Registration) Regulation 1998.
2.27 Mount Panorama Motor Racing Act 1989 No 108
[1] Section 3 Definitions
Omit the definition of road. Insert instead:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[2] Section 3, definition of "road related area"
Omit the definition. Insert instead:
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
[3] Section 12 Suspension and application of certain legislation etc
Omit section 12 (1) (b). Insert instead:
(b) section 40 of the Road Transport (Safety and Traffic
Management) Act 1999, and
[4] Section 12 (3)
Omit the subsection. Insert instead:
(3) For the purposes of the road transport legislation within the
meaning of the Road Transport (General) Act 1999, any
road or road related area temporarily closed for the purposes
of constituting the whole or part of the race track at the
Mount Panorama Circuit on a day or days specified in a
permit is not, while so closed, a road or road related area
within the meaning of that legislation.
2.28 National Parks and Wildlife Act 1974 No 80
Section 159 Liability of vehicle owner for parking offences
Omit the definition of owner from section 159 (1). Insert instead:
owner of a vehicle includes the responsible person for the
vehicle within the meaning of the Road Transport (General)
Act 1999.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
2.29 Passenger Transport Act 1990 No 39
[1] Section 3 Definitions
Omit the definition of road. Insert instead:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
[2] Section 3, definition of "road related area"
Omit the definition. Insert instead:
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
2.30 Police Powers (Vehicles) Act 1998 No 166
[1] Section 3 Definitions
Omit the definition of owner. Insert instead:
owner of a vehicle means the responsible person for the
vehicle within the meaning of the Road Transport (General)
Act 1999 and includes:
(a) a person who is not such an owner but who usually
has the care, control and custody of the vehicle, and
(b) any other person prescribed by the regulations for the
purposes of this definition.
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[2] Section 3, definition of "road"
Omit the definition. Insert instead:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
[3] Section 3, definition of "road related area"
Omit the definition. Insert instead:
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
2.31 Police Service Act 1990 No 47
[1] Section 211A Testing of police officers for alcohol and prohibited
drugs
Omit section 211A (4C). Insert instead:
(4C) Any such medical practitioner must take the sample if
informed by the authorised person that the sample is required
to be taken by the practitioner, but not a sample of blood if
such a sample is taken under Division 4 of Part 2 of the Road
Transport (Safety and Traffic Management) Act 1999
instead. That Division applies to any taking of a sample
pursuant to this subsection as if the sample were a sample of
blood taken under that Division.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[2] Section 211A (4D)
Omit the subsection. Insert instead:
(4D) Any sample taken under subsection (4C) is to be dealt with,
and a report on the analysis of the sample is to be provided,
in accordance with the regulations. However, nothing in this
section or the regulations derogates from the operation of
Division 4 of Part 2 of the Road Transport (Safety and
Traffic Management) Act 1999.
[3] Section 211A (7)
Omit "Traffic Act 1909" from paragraph (b) of the definition of
breath test.
Insert instead "Road Transport (Safety and Traffic Management)
Act 1999".
2.32 Protection Of The Environment Operations Act 1997 No 156
[1] Section 160 Defences
Omit "(being a motor vehicle that immediately before that removal or
other action was not registrable under the Traffic Act 1909)" from section
160 (3) (c).
Insert instead "(being a motor vehicle that immediately before that
removal or other action was not registrable under the Road Transport
(Vehicle Registration) Act 1997)".
[2] Section 160 (6) (b)
Omit the paragraph. Insert instead:
(b) was not registrable under the Road Transport (Vehicle
Registration) Act 1997.
[3] Section 165 Suspension of registration
Omit "suspend the registration of a motor vehicle under the Traffic Act
1909" from section 165 (1).
Insert instead "suspend the registration of a motor vehicle under the
Road Transport (Vehicle Registration) Act 1997".
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[4] Section 165 (6)
Omit the subsection. Insert instead:
(6) While the registration of a motor vehicle is suspended under
this section, the motor vehicle is taken, for the purposes of
this Act, the Road Transport (Vehicle Registration) Act 1997
and any other Act, not to be registered under that Act.
[5] Section 166 Prohibition on registration
Omit "Traffic Act 1909" from section 166 (1) (a).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
[6] Dictionary
Omit the definition of motor vehicle. Insert instead:
motor vehicle has the same meaning as it has in the Road
Transport (General) Act 1999.
[7] Dictionary, "owner of a motor vehicle"
Omit the definition. Insert instead:
owner of a motor vehicle includes the responsible person for
the vehicle within the meaning of the Road Transport
(General) Act 1999.
2.33 Rail Safety Act 1993 No 50
[1] Schedule 2 Railway employees--alcohol or other drugs
Omit the definitions of analyst, breath analysing instrument, breath
analysis and breath test from clause 1 (1).
Insert instead:
analyst, breath analysing instrument, breath analysis and
breath test have the same meanings as they have in the Road
Transport (Safety and Traffic Management) Act 1999.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[2] Schedule 2, clause 1 (1), definition of "drug"
Omit paragraph (b). Insert instead:
(b) any substance that is a drug within the meaning of the
Road Transport (Safety and Traffic Management)
Act 1999.
[3] Schedule 2, clause 1 (1), definition of "hospital"
Omit "section 4F of the Traffic Act 1909" from the definition.
Insert instead "section 19 of the Road Transport (Safety and Traffic
Management) Act 1999".
[4] Schedule 2, clauses 1 (2), 20 (3) (c), 21 (5) (f) and 22 (4) (f)
Omit "Traffic Act 1909" wherever occurring
Insert instead "Road Transport (Safety and Traffic Management)
Act 1999".
[5] Dictionary of words and expressions
Omit "Traffic Act 1909" from the definition of railway safety work.
Insert instead "Road Transport (Safety and Traffic Management)
Act 1999".
2.34 Recreation Vehicles Act 1983 No 136
[1] Section 4 Definitions
Omit the definition of district registry from section 4 (1). Insert instead:
district registry means a motor registry within the meaning
of section 20 of the Road Transport (General) Act 1999.
[2] Section 4 (1), definition of "motor vehicle"
Omit the definition. Insert instead:
motor vehicle means a motor vehicle (other than a light rail
vehicle) or trailer within the meaning of the Road Transport
(General) Act 1999.
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[3] Section 5
Omit the section. Insert instead:
5 Application of road transport legislation
(1) Except as provided by or under this Act, the road transport
legislation does not apply to or in respect of a motor vehicle,
or the driving of a motor vehicle, in a recreation vehicle area.
(2) Subsection (1) does not limit the operation of section 15 of
the Road Transport (General) Act 1999 in respect of
offences committed under this Act or the regulations.
(3) In this Act, road transport legislation has the same meaning
as it has in the Road Transport (General) Act 1999.
[4] Section 23 Application of certain offences under Road Transport
(Safety and Traffic Management) Act 1999
Omit "Sections 4, 4E and 5 (2) of the Traffic Act 1909" from section
23 (1).
Insert instead "Sections 9, 12 and 42 of the Road Transport (Safety and
Traffic Management) Act 1999".
[5] Section 23 (2)
Omit "sections 4, 4E and 5 (2) of the Traffic Act 1909".
Insert instead "sections 9, 12 and 42 of the Road Transport (Safety and
Traffic Management) Act 1999".
[6] Section 44 Regulations
Omit section 44 (3) (e). Insert instead:
(e) provide that any specified provision of the road
transport legislation within the meaning of the Road
Transport (General) Act 1999 applies (subject to such
variations, if any, as are specified in the regulations
under this Act) to and in respect of a motor vehicle, or
the driving of a motor vehicle, in a recreation vehicle
area,
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
2.35 Road Obstructions (Special Provisions) Act 1979 No 9
[1] Section 3 Definitions
Omit the definition of motor vehicle from section 3 (1). Insert instead:
motor vehicle means a motor vehicle or trailer within the
meaning of the Road Transport (General) Act 1999.
[2] Section 3 (1), definition of "public road"
Omit the definition. Insert instead:
public road means a road or road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road that is the subject of a declaration made under
section 9 (1) (b) of that Act relating to all of the provisions
of that Act).
2.36 Road Transport (Driver Licensing) Act 1998 No 99
[1] Section 1 Name of Act
Insert before section 1:
Note. This Act and the regulations made under it form part of the road
transport legislation identified by section 5 of the Road Transport
(General) Act 1999. Other road transport legislation includes the Road
Transport (General) Act 1999, the Road Transport (Safety and Traffic
Management) Act 1999, the Road Transport (Heavy Vehicles
Registration Charges) Act 1995, the Road Transport (Vehicle
Registration) Act 1997 and the regulations made under those Acts. As
part of the road transport legislation, this Act is subject to various
provisions in the Road Transport (General) Act 1999 concerning the
administration and enforcement of the road transport legislation
generally.
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[2] Section 3 Objects of Act
Omit the note to the section. Insert instead:
Note. This Act and the regulations under this Act establish a driver
licensing system, including a demerit points system and providing for
the issue, suspension, cancellation and renewal of driver licences and
the classes of driver licences. Licences may be cancelled for offences
under the Fines Act 1996 as a result of failure to pay fines, in addition
to the Authority's powers of cancellation under this Act and the
regulations.
[3] Section 19 Regulations generally
Omit "Ministerial Council" from section 19 (2).
Insert instead "Australian Transport Council".
[4] Section 21 Review of prescribed decisions by Administrative
Decisions Tribunal
Omit the section.
[5] Part 3 Offences
Omit the note under the Part heading.
[6] Section 25
Omit the section. Insert instead:
25 Driver must be licensed
(1) A person must not, unless exempted by the regulations:
(a) drive a motor vehicle on any road or road related area
without being licensed for that purpose, or
(b) employ or permit any person not so licensed to drive
a motor vehicle on any road or road related area.
Maximum penalty: 20 penalty units.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
(2) A person who has never been licensed must not, unless
exempted by the regulations, drive a motor vehicle on any
road or road related area without being licensed for that
purpose.
Maximum penalty: 20 penalty units (in the case of a first
offence) or 30 penalty units or imprisonment for a period 18
months or both (in the case of a second or subsequent
offence).
(3) If a person is convicted of an offence under subsection (2)
(being a second or subsequent offence), the person is
disqualified by the conviction (and without any specific
order) for a period of 3 years from holding a driver licence.
The disqualification is in addition to any penalty imposed for
the offence.
Note. Section 26 of the Road Transport (General) Act 1999 provides
for the effect of a disqualification (whether or not by order of a court).
(4) For the purposes of subsection (2), a person has not been
licensed in connection with an offence if the person has not
held a drivers licence (or equivalent) of any kind in Australia
for the period of at least 5 years immediately before being
convicted of the offence.
(5) An offence under this section is a second or subsequent
offence for the purposes of this section if:
(a) it is the second or subsequent occasion on which the
person is convicted of an offence against this section
within the period of 5 years immediately before the
person is convicted of the offence, or
(b) within the period of 5 years immediately before the
person is convicted of the offence, the person was
convicted of:
(i) an offence under section 6 (1C) or 7A of the
Traffic Act 1909 (as in force before its repeal),
or
(ii) an offence under section 25 (2).
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
(6) A person who has never been licensed cannot be convicted
under both this section and section 25A in respect of driving
on the same occasion. However, nothing in this section
prevents the person from being convicted of an offence
under section 25A in respect of driving that constitutes an
offence under this section.
(7) A person cannot be convicted under both subsection (1) (a)
and (2) in respect of driving on the same occasion. A person
charged with an offence under subsection (2) can be
convicted instead of an offence under subsection (1) (a), but
a person charged with an offence under subsection (1) (a)
cannot be convicted instead of an offence under subsection
(2).
(8) Subsection (1) does not apply to or in respect of a light rail
vehicle within the meaning of the Road Transport (Safety
and Traffic Management) Act 1999.
25A Offences committed by disqualified drivers or drivers whose
licences are suspended or cancelled
(1) A person who is disqualified by or under any Act from
holding or obtaining a driver licence must not:
(a) drive a motor vehicle on a road or road related area
during the period of disqualification, or
(b) make an application for a driver licence during the
period of disqualification and in respect of the
application state his or her name falsely or incorrectly
or omit to mention the disqualification.
Maximum penalty: 30 penalty units or imprisonment for 18
months or both (in the case of a first offence) or 50 penalty
units or imprisonment for 2 years or both (in the case of a
second or subsequent offence).
(2) A person whose driver licence is suspended must not:
(a) drive on a road or road related area a motor vehicle of
the class to which the suspended driver licence
relates, or
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
(b) make an application for a driver licence during the
period of suspension for a motor vehicle of the class
to which the suspended driver licence relates and in
respect of such an application state his or her name
falsely or incorrectly or omit to mention the
suspension.
Maximum penalty: 30 penalty units or imprisonment for 18
months or both (in the case of a first offence) or 50 penalty
units or imprisonment for 2 years or both (in the case of a
second or subsequent offence).
(3) A person whose application for a driver licence is refused or
whose driver licence is cancelled must not:
(a) drive on a road or road related area a motor vehicle of
the class to which the cancelled licence or the refused
application related without having subsequently
obtained a driver licence for a motor vehicle of that
class, or
(b) make an application for a driver licence for a motor
vehicle of the class to which the cancelled licence or
the refused application related and in respect of the
application state his or her name falsely or incorrectly
or omit to mention the cancellation or refusal.
Maximum penalty: 30 penalty units or imprisonment for 18
months or both (in the case of a first offence) or 50 penalty
units or imprisonment for 2 years or both (in the case of a
second or subsequent offence).
(4) For the purposes of subsection (3) (b), a person who applies
for a driver licence for a class of motor vehicle need not
mention a previous cancellation of a driver licence (or
refusal of an application for a driver licence) for that class of
motor vehicle if the person has obtained a driver licence after
any such cancellation or refusal by means of an application
that stated his or her name correctly and mentioned the
cancellation or refusal.
(5) Subsections (1) and (3) (a) do not apply to the driving of a
motor vehicle in circumstances prescribed by the regulations.
(6) An offence under this section is a second or subsequent
offence for the purposes of this section if:
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
(a) it is the second or subsequent occasion on which the
person is convicted of an offence against this section
within the period of 5 years immediately before the
person is convicted of the offence, or
(b) within the period of 5 years immediately before the
person is convicted of the offence, the person was
convicted of:
(i) a major offence within the meaning of the
Road Transport (General) Act 1999, or
(ii) an offence under section 6 (1C) of the Traffic
Act 1909 (as in force before its repeal), or
(iii) an offence under section 25 (2).
(7) If a person is convicted by a court of an offence under
subsection (1), (2) or (3) (a), the person:
(a) is disqualified by the conviction (and without any
specific order) for the relevant disqualification period
from the date of expiration of the existing
disqualification or suspension or from the date of
such conviction, whichever is the later, from holding
a driver licence, and
(b) may also be disqualified, for such additional period as
the court may order, from holding a driver licence.
Note. Section 26 of theRoad Transport (General) Act 1999 provides
for the effect of a disqualification (whether or not by order of a court).
(8) The disqualification referred to in subsection (7) is in
addition to any penalty imposed for the offence.
(9) Subsections (1)-(3) apply to a person who is disqualified
from holding a licence, or whose licence is suspended or
cancelled, by a court in Australia or under any law in this
State or another State or Territory.
(10) In this section, the relevant disqualification period is:
(a) in the case of a first offence under subsection (1)--12
months, or
(b) in the case of a second or subsequent offence under
subsection (1)--2 years.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
[7] Section 26 Evidentiary provisions
Omit the section.
[8] Section 27 Proceedings for offences
Omit the section.
[9] Section 28 Application orders and emergency orders
Omit the section.
[10] Section 29 Power to include or exclude areas
Omit the section.
[11] Section 30 Power to exclude persons or vehicles
Omit the section.
[12] Section 31 Personal liability
Omit the section.
[13] Section 33 Cancellation of driver licences by Authority
Omit "section 18B of the Traffic Act 1909" from section 33 (1) (a).
Insert instead "Division 1 of Part 3 of the Road Transport (General)
Act 1999".
[14] Section 33 (5)
Omit the subsection. Insert instead:
(5) In this section:
speeding offence means an offence that involves exceeding
a speed limit fixed by or under the Road Transport (Safety
and Traffic Management) Act 1999.
[15] Schedule 3 Savings, transitional and other provisions
Omit clause 4.
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[16] Dictionary, definition of "Ministerial Council"
Omit the definition. Insert in appropriate alphabetical order:
Australian Transport Council means the Australian
Transport Council referred to in section 3 of the National
Road Transport Commission Act 1991 of the
Commonwealth or its successor.
[17] Dictionary, definition of "penalty notice"
Omit the definition. Insert instead:
penalty notice means:
(a) a notice issued under Division 1 of Part 3 of the Road
Transport (General) Act 1999, or
(b) a penalty reminder notice issued under the Fines Act
1996.
[18] Dictionary, definition of "road related area"
Omit paragraph (e) of the definition. Insert instead:
(e) a shoulder of a road, or
(f) any other area that is open to or used by the public
and that has been declared under section 9 of the
Road Transport (General) Act 1999 to be an area to
which specified provisions of this Act or the
regulations apply.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
2.37 Road Transport (Heavy Vehicles Registration Charges) Act
1995 No 72
[1] Section 1 Name of Act
Insert before section 1:
Note. This Act and the regulations made under it form part of the road
transport legislation identified by section 5 of the Road Transport
(General) Act 1999. Other road transport legislation includes the Road
Transport (General) Act 1999, the Road Transport (Driver Licensing)
Act 1998, the Road Transport (Vehicle Registration) Act 1997 and the
regulations made under those Acts. As part of the road transport
legislation, this Act is subject to various provisions in the Road
Transport (General) Act 1999 concerning the administration and
enforcement of the road transport legislation generally.
[2] Section 3 Definitions
Omit paragraph (d) of the definition of eligible pensioner. Insert instead:
(d) who is the holder of a current licence to drive a
vehicle, being a licence for which no fee was payable
by virtue of the Road Transport (Driver Licensing)
Act 1998 or the regulations made under that Act, or
[3] Section 3, definitions of "road", "road related area" and "vehicle"
Omit the definitions. Insert in appropriate alphabetical order:
road means an area that is open to or used by the public and
is developed for, or has as one of its main uses, the driving
or riding of motor vehicles.
road related area means:
(a) an area that divides a road, or
(b) a footpath or nature strip adjacent to a road, or
(c) an area that is open to the public and is designated for
use by cyclists or animals, or
(d) an area that is not a road and that is open to or used
by the public for driving, riding or parking vehicles,
or
(e) a shoulder of a road, or
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
(f) any other area that is open to or used by the public
and that has been declared under section 9 of the
Road Transport (General) Act 1999 to be an area to
which specified provisions of this Act or the
regulations apply.
road transport legislation has the same meaning as it has in
the Road Transport (General) Act 1999.
vehicle means a motor vehicle or trailer within the meaning
of the Road Transport (General) Act 1999.
[4] Section 3 (2)
Insert at the end of section 3:
(2) Notes included in this Act are explanatory notes and do not
form part of this Act.
[5] Section 32 Powers to do certain things not affected
Omit "the Traffic Act 1909".
Insert instead "the road transport legislation (other than this Act)".
2.38 Road Transport (Vehicle Registration) Act 1997 No 119
[1] Section 1 Name of Act
Insert before section 1:
Note. This Act and the regulations made under it form part of the road
transport legislation identified by section 5 of the Road Transport
(General) Act 1999. Other road transport legislation includes the Road
Transport (General) Act 1999, the Road Transport (Driver Licensing)
Act 1998, the Road Transport (Heavy Vehicles Registration Charges)
Act 1995 and the regulations made under those Acts. As part of the
road transport legislation, this Act is subject to various provisions in the
Road Transport (General) Act 1999 concerning the administration and
enforcement of the road transport legislation generally.
[2] Section 4 Definitions
Omit paragraph (e) of the definition of road related area. Insert instead:
(e) a shoulder of a road, or
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
(f) any other area that is open to or used by the public
and that has been declared under section 9 of the
Road Transport (General) Act 1999 to be an area to
which specified provisions of this Act or the
regulations apply.
[3] Section 15 Regulations to establish registration system
Omit section 15 (2) (j).
[4] Section 16 Regulations may exclude registrable vehicles from this
Act
Omit section 16 (3).
[5] Section 17 Review of prescribed decisions by Administrative
Decisions Tribunal
Omit the section.
[6] Section 21A
Insert after section 21:
21A Offences relating to identification numbers of engines and
other parts of motor vehicles or trailers
A person must not:
(a) if the person is not the manufacturer--stamp or affix
or cause or permit any person to stamp or affix any
identification number on or to the engine, engine
block or any other part prescribed by the regulations
of a motor vehicle or trailer without the written
authority of the Authority and except as prescribed by
the regulations, or
(b) except as required or permitted by or under this
Act--alter, deface, remove or obliterate any
identification number stamped on or otherwise
affixed to the engine, engine block or any other part
prescribed by the regulations of a motor vehicle or
trailer, or
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
(c) without lawful authority or excuse, have in the
person's possession any engine, engine block or other
prescribed part of a motor vehicle or trailer knowing
that the identification number stamped on or
otherwise affixed to it has been altered, defaced,
removed or obliterated otherwise than as required or
permitted by or under this Act.
Maximum penalty: 20 penalty units or imprisonment for 6
months, or both.
[7] Section 22 Evidentiary provisions
Omit the section.
[8] Section 22A Proceedings for offences
Omit the section.
[9] Section 24 Application orders and emergency orders
Omit the section.
[10] Section 25 Power to include or exclude areas
Omit the section.
[11] Section 25A Power to exclude registrable vehicles
Omit the section.
[12] Section 27C
Insert after section 27B:
27C Seizure of number-plate
A police officer or person authorised by the Authority may
seize any number-plate:
(a) that is attached to:
(i) a registrable vehicle the registration of which
has expired not less than 15 days before the
date on which the number-plate is seized, or
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Acts Schedule 2
(ii) a registrable vehicle the registration of which
has been cancelled, or
(b) that has been used in contravention of a provision of
the regulations that is prescribed by the regulations.
[13] Section 28 Indemnity
Omit the section.
[14] Schedule 3 Savings and transitional provisions
Omit clause 9.
2.39 Roads Act 1993 No 33
[1] Section 5 Right of passage along public road by members of the
public
Omit section 5 (3) (a). Insert instead:
(a) by or under the road transport legislation within the
meaning of the Road Transport (General) Act 1999,
or
[2] Section 52 Tollways
Omit section 52 (3). Insert instead:
(3) A tollway is not a road or road related area within the
meaning of the Road Transport (General) Act 1999 for the
purposes of any Act or law, or any provision of an Act or
law, prescribed by the regulations for the purposes of this
section.
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 2 Consequential amendment of Acts
[3] Section 102 Liability for damage to public road
Omit section 102 (1). Insert instead:
(1) A person who causes damage to a public road, or to any road
work on a public road or any traffic control facility on a road
or road related area within the meaning of the Road
Transport (General) Act 1999 (other than a road or road
related area that is the subject of a declaration made under
section 9 (1) (b) of that Act relating to all of the provisions
of that Act), is liable to pay to the appropriate roads authority
the cost incurred by that authority in making good the
damage.
[4] Section 124 Traffic Act 1909 to prevail
Omit the section.
[5] Section 144 Permits for road events
Omit section 144 (3). Insert instead:
(3) A permit may not be granted with respect to an activity for
which an approval is required under section 40 of the Road
Transport (Safety and Traffic Management) Act 1999 unless
such an approval is in force.
[6] Section 144B Roads authority not to obstruct light rail system
Omit section 144B (4). Insert instead:
(4) Nothing in this section prevents the temporary closure of any
road or road related area within the meaning of the Road
Transport (General) Act 1999 (other than a road or road
related area that is the subject of a declaration made under
section 9 (1) (b) of that Act relating to all of the provisions
of that Act) or the taking of other action that is authorised by
section 74 of the Road Transport (Safety and Traffic
Management) Act 1999.
[7] Section 225 Certain fines to be paid into RTA Fund
Omit "Traffic Act 1909".
Insert instead "Road Transport (General) Act 1999".
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[8] Section 231A Vehicles contravening load requirements
Omit the definition of road or road related area from section 231A (6).
Insert instead:
road or road related area means a road or road related area
within the meaning of the Road Transport (General) Act
1999 (other than a road or road related area that is the subject
of a declaration made under section 9 (1) (b) of that Act
relating to all of the provisions of that Act).
[9] Section 244 Liability of owner of vehicle for certain driving offences
Omit section 244 (9). Insert instead:
(9) If action is taken under Division 1 of Part 3 of the Road
Transport (General) Act 1999 in relation to an offence to
which this section applies:
(a) a reference in this section to a penalty notice is taken
to be a reference to a penalty notice under that
Division, and
(b) a reference in this section to an owner of a vehicle is
a reference to a responsible person for a vehicle
within the meaning of that Act, and
(c) a reference in this section to an authorised officer is a
reference to an authorised officer within the meaning
of that Division.
[10] Section 264A National road transport regulations
Omit section 264A (4) (b). Insert instead:
(b) apply any provisions of the road transport legislation
within the meaning of the Road Transport (General)
Act 1999 relating to the prosecution of offences or
enforcement or relating to evidential matters to the
exclusion of provisions of this Act or other
regulations made under this Act relating to those
matters.
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[11] Section 264A (8)
Omit the subsection. Insert instead:
(8) A regulation may be made under this section even though it
may be made under the road transport legislation within the
meaning of the Road Transport (General) Act 1999.
[12] Section 264B
Insert after section 264A:
264B Regulations may provide that Roads Act 1993 does not apply
in certain circumstances
For the purpose of facilitating the administration and
enforcement of the road transport legislation (within the
meaning of the Road Transport (General) Act 1999), the
regulations may provide that any specified provision of the
Roads Act 1993 (or any specified regulation made under any
provision of that Act) does not apply to a vehicle, person or
animal (or any class of vehicles, persons or animals) to the
extent specified by the regulations.
[13] Dictionary
Omit the definition of traffic control facility. Insert instead:
traffic control facility has the same meaning as it has in Part
6 of the Transport Administration Act 1988, and carry out
traffic control work includes carry out any activity in
connection with the construction, erection, installation,
maintenance, repair, removal or replacement of a traffic
control facility.
2.40 Royal Botanic Gardens and Domain Trust Act 1980 No 19
[1] Section 22A Liability of vehicle owner for parking offences
Omit the definition of owner from section 22A (7). Insert instead:
owner of a vehicle includes the responsible person for the
vehicle within the meaning of the Road Transport (General)
Act 1999.
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[2] Section 22A (7), definitions of "registered" and "trader's plate"
Omit the definitions.
2.41 Search Warrants Act 1985 No 37
Section 10 Definitions
Omit "section 4BD of the Traffic Act 1909," from the definition of
search warrant.
Insert in appropriate alphabetical order:
section 41 of the Road Transport (General) Act 1999,
2.42 State Sports Centre Trust Act 1984 No 68
[1] Section 20A Liability of vehicle owner for parking offences
Omit paragraph (b) from the definition of owner in section 20A (7).
Insert instead:
(b) in the case of a motor vehicle--the responsible person
for the vehicle within the meaning of the Road
Transport (General) Act 1999.
[2] Section 20A (7), definitions of "registered" and "trader's plate"
Omit the definitions.
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2.43 Summary Offences Act 1988 No 25
Section 3 Definitions
Omit the definitions of road and road related area from section 3 (1).
Insert instead:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
2.44 Supreme Court Act 1970 No 52
[1] Section 69C Stay of execution of conviction, order or sentence
pending appeal
Omit "Traffic Act 1909" from section 69C (5).
Insert instead "road transport legislation within the meaning of the Road
Transport (General) Act 1999".
[2] Section 87 Common law claim--running down cases
Omit section 87 (3). Insert instead:
(3) In subsection (2):
motor vehicle means a motor vehicle or trailer within the
meaning of the Road Transport (General) Act 1999, but does
not include a vehicle used on a tramway.
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
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road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
2.45 Sydney Harbour Foreshore Authority Act 1998 No 170
Section 23
Omit the section. Insert instead:
23 Parking
(1) The Authority has, in relation to core land, non-core land and
managed land, the same functions as a council and other
persons and bodies have under the pay parking regulations.
(2) The regulations may provide for how references to persons
and areas in the pay parking regulations are to be read in
their application to the Authority and to core land, non-core
land and managed land.
(3) In this section, pay parking regulations means regulations
made under the Road Transport (Safety and Traffic
Management) Act 1999 in respect of pay parking.
2.46 Sydney Harbour Tunnel (Private Joint Venture) Act 1987 No 49
Section 14 Sydney Harbour Tunnel not a public road or road or
road related area
Omit section 14 (2). Insert instead:
(2) The provisions of the road transport legislation within the
meaning of the Road Transport (General) Act 1999 apply to
and in respect of the Sydney Harbour Tunnel as if it were a
road or road related area.
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2.47 Tow Truck Act 1989 No 158
[1] Section 3 Definitions
Omit the definition of motor vehicle from section 3 (1). Insert instead:
motor vehicle means a motor vehicle (other than a light rail
vehicle) or trailer within the meaning of the Road Transport
(General) Act 1999.
[2] Section 3 (1), definitions of "road" and "road related area"
Omit the definitions. Insert instead:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
2.48 Tow Truck Industry Act 1998 No 111
[1] Section 3 Definitions
Omit the definition of motor vehicle from section 3 (1). Insert instead:
motor vehicle means a motor vehicle (other than a light rail
vehicle) or trailer within the meaning of the Road Transport
(General) Act 1999.
[2] Section 3 (1), definitions of "road" and "road related area"
Omit the definitions. Insert instead:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
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road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
[3] Section 17 Application for licence
Omit section 17 (2) (e). Insert instead:
(e) provide proof that the applicant is the responsible
person (within the meaning of the Road Transport
(General) Act 1999) for each of those tow trucks, and
[4] Section 26 Restrictions on granting drivers certificate
Omit "the Traffic Act 1909 or" from section 26 (5).
2.49 Transport Administration Act 1988 No 109
[1] Part 6, Division 1
Insert after the Part heading:
Division 1 Interpretation
45E Interpretation
(1) In this Part:
approaches, in relation to an intersection or railway
crossing, means so much of the approaches to the
intersection or crossing as consist of roads or road related
areas or of parts of roads or road related areas.
distribution district of an electricity distributor means the
electricity distributor's distribution district within the
meaning of the Electricity Supply Act 1995.
electricity distributor means an electricity distributor within
the meaning of the Electricity Supply Act 1995.
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electricity structure means any structure erected or
maintained by an electricity distributor for the purpose of
transmission or distribution of electricity or for the purpose
of public lighting.
intersection means an intersection or junction of roads or
road related areas.
public authority means a public or local authority
constituted by or under an Act, and includes the following:
(a) the Police Service,
(b) any Government department,
(c) a statutory body representing the Crown,
(d) a person or body prescribed by the regulations for the
purposes of this definition.
road has the same meaning as it has in the Road Transport
(General) Act 1999.
road related area has the same meaning as it has in the Road
Transport (General) Act 1999.
traffic control facility means:
(a) traffic control lights on roads or road related areas,
and equipment used in connection with traffic control
lights, or
(b) any sign, marking, structure or device containing or
relating to a requirement or direction, contravention
of which is an offence arising under:
(i) this Act or the regulations, or
(ii) any other Act, regulation or by-law prescribed
for the purposes of this subparagraph, or
(c) any other sign, marking, structure or device that is
intended to promote safe or orderly traffic movement
on roads or road related areas or to warn, advise or
inform the drivers of vehicles, or pedestrians, of any
matter or thing in relation to vehicular or pedestrian
traffic or road conditions or hazards, or
(d) any bridge or subway or other facility for use by
pedestrians over, across, under or alongside a road or
road related area, or
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(e) any other thing prescribed as a traffic control facility
by the regulations.
traffic route means:
(a) a main road or secondary road within the meaning of
the Roads Act 1993, or
(b) a public road within the meaning of that Act (other
than a main road or secondary road) in respect of
which the Authority has, by reason of the volume of
vehicular or pedestrian traffic carried on it,
determined requires lighting to a standard approved
by the Authority.
(2) A reference (however expressed) in this Part to any thing,
person or traffic, on a road or road related area, includes a
reference to any thing, person or traffic above, over, across,
in or under a road or road related area.
[2] Part 6, Division 1, heading
Omit the heading. Insert instead:
Division 1A Constitution and management of Roads and
Traffic Authority
[3] Part 6, Division 1A
Insert after section 49:
Division 1B Functions of Roads and Traffic Authority
[4] Section 52A
Insert after section 52:
52A Functions relating to traffic management and safety
(1) The functions of the Authority include the following:
(a) to review the traffic arrangements in the State
(including arrangements in connection with the
movement, regulation and control of traffic and the
parking of vehicles),
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(b) to formulate or adopt plans and proposals for the
improvement of those arrangements,
(c) to establish general standards and principles in
connection with:
(i) the design, construction, erection, affixing,
marking, maintenance, repair, alteration,
operation or removal of traffic control
facilities, and
(ii) the design of intersections and the approaches
to them or the approaches to railway level
crossings,
for purposes connected with traffic safety and the
movement, regulation and control of traffic,
(d) to promote traffic safety,
(e) to co-ordinate the activities of public authorities so far
as those activities relate to:
(i) the carrying out of plans and proposals
formulated or adopted by the Authority for the
improvement of traffic arrangements, or
(ii) the design, construction, erection, affixing,
marking, maintenance, repair, alteration,
operation or removal of traffic control
facilities, or
(iii) traffic safety, or
(iv) any other matter connected with the
Authority's functions under this Part.
(2) The Authority may:
(a) promote traffic safety measures or activities,
including measures or activities for:
(i) the safety and protection of the public,
including pedestrians, on roads or road related
areas, and
(ii) the prevention of accidents on roads or road
related areas, and
(iii) the minimising of the effect of accidents on
roads or road related areas, and
(iv) the protection of property from damage from
accidents on roads or road related areas, and
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(b) promote or engage in the dissemination and
publication by suitable media of advice and
information resulting from research or otherwise for
the education and guidance of, and observance by,
drivers of or persons travelling in vehicles, or persons
on roads or road related areas, or manufacturers of,
repairers of, or dealers in, vehicles or vehicle parts,
and
(c) make reports or recommendations to the Minister for
Roads, or any other person or body, in relation to the
following:
(i) traffic arrangements, and the movement,
regulation and control of traffic, on roads or
road related areas,
(ii) traffic planning,
(iii) traffic safety,
(iv) the parking of vehicles,
(v) the operation, maintenance or alteration of
traffic control facilities,
(vi) any other matter connected with the
Authority's functions under this Part, and
(d) carry out or promote research or investigations into
matters connected with any of the Authority's
functions under this Part including research or
investigations into:
(i) traffic control facilities, and
(ii) the cause of accidents, their incidence and the
ways and means that may be adopted for their
prevention or for controlling or mitigating
their effects.
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[5] Part 6, Division 1C
Insert after section 53:
Division 1C Directions and recommendations to public
authorities
53A Directions to public authorities
(1) The Authority may, from time to time, direct public
authorities to implement plans or proposals formulated or
adopted, general standards or general principles established,
or other decisions made, by the Authority in the exercise of
the Authority's functions under this Part.
(2) The Authority may communicate directions under this
section to such public authorities, and in such manner, as it
thinks fit.
(3) While a direction communicated to a public authority under
this section and applicable to its functions is in force, it is the
duty of the public authority, by the exercise of its functions
in accordance with law, to comply with the direction, except
if to do so:
(a) would be impracticable because of emergency,
accident or other special circumstances, or
(b) would affect the functions of any person or body with
respect to the laying or making of any information or
complaint, the continuance or discontinuance of any
proceedings for an alleged offence or any other
manner of dealing with an alleged offence.
(4) The failure of a public authority to comply with a direction
of the Authority under this section does not invalidate any
act, matter or thing to which the direction relates, and in
particular does not invalidate the construction, erection,
affixing or marking of any traffic control facility or any
direction that is contained in or relates to the facility.
(5) A direction may be given under this section so as to apply
generally or in any particular case or class of cases.
(6) The power to give a direction includes the power to amend
or revoke a direction.
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(7) The Authority may bring proceedings in the Supreme Court
for an order to require a public authority to comply with a
direction under this section.
(8) The Supreme Court may, in any such proceedings, make
such order as it thinks fit.
53B Recommendations as to lighting of roads and road related
areas
(1) The Authority may, for the purpose of promoting traffic
safety, make recommendations to a public authority in
relation to the public authority's functions in connection
with the lighting of roads or road related areas, including
recommendations in relation to the following:
(a) general principles relating to the provision of lighting
on roads or road related areas,
(b) the need for lighting on any particular road or road
related area or part of a road or road related area,
(c) the need for the improvement of lighting on any
particular road or road related area or part of a road or
road related area.
(2) It is the duty of a public authority to which recommendations
are made under this section to give them proper
consideration and, as far as may be reasonably practicable,
to carry them into effect.
53C Inter-relationship of Division with law relating to local
government
(1) If the provisions of this Division are inconsistent with the
provisions of the Local Government Act 1993 (or any
statutory rule made under any Act), the provisions of this
Division prevail.
(2) Nothing in this Division applies to or in respect of any sign,
mark, structure or device containing or relating to a
requirement or direction, contravention of which gives rise
to an offence under the Local Government Act 1993 (or any
regulation under that Act), but not under any other Act or
regulation.
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(3) Any person who or body which would not, but for this
subsection, have the power to co-operate with, or do or
perform any act or thing in conjunction with, the Authority
is authorised by this section so to co-operate or do or
perform the act or thing.
[6] Sections 80A-80C
Insert after section 80:
80A Payments of subsidies to councils for traffic route lighting
(1) The Authority may, with the approval of the Minister, grant
annual subsidies to councils for the lighting, to a standard
approved by the Authority, of traffic routes.
(2) Before granting any such subsidy the Authority may require
a council to enter into an agreement with the Authority to
secure the carrying out of the purposes for which, and the
terms and conditions on and subject to which, the subsidy is
granted.
80B Authority to make available money for subsidies
(1) In the period of 12 months commencing on 1 July each year,
the Authority must make available the amount of subsidies
that the Minister with the concurrence of the Treasurer
estimates will be granted to councils under this Part in that
period of 12 months.
(2) The Minister, before the commencement of each period of
12 months referred to in subsection (1), is to serve a notice
on the Authority specifying the amount of the payment
required.
(3) An amount payable under this section in any period of 12
months is to be paid in such sum or sums, at such time or
times during that period and in such manner as the Minister
may require in and by the notice referred to in subsection (2).
(4) The Authority may make the whole or any part of a payment
required by this section out of the Roads and Traffic
Authority Fund.
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80C Payments of subsidies to electricity distributors for removal
or relocation of electricity structures
(1) The Authority may, with the approval of the Minister, grant
subsidies to an electricity distributor for or towards the cost
of removing or relocating electricity structures erected,
within the distribution district of the distributor, on or
adjacent to public roads, being electricity structures which
the Authority has determined require removal or relocation
for the purposes of traffic safety.
(2) Before granting any such subsidy, the Authority may require
an electricity distributor referred to in subsection (1) to enter
into an agreement with the Authority to secure the carrying
out of the purposes for which, and the terms and conditions
upon and subject to which, the subsidy is granted.
[7] Schedule 7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Road Transport Legislation Amendment Act 1999 (but only
in relation to the amendments to this Act).
[8] Schedule 7, Part 6
Insert after Part 5:
Part 6 Provisions consequent on enactment of
Road Transport Legislation Amendment Act
1999
77 Definitions
(1) In this Part:
amending Act means the Road Transport Legislation
Amendment Act 1999.
repealed Act means the Traffic Act 1909 as in force
immediately before its repeal by the amending Act.
(2) For the purposes of this Part, a provision of this Act
corresponds to a provision of the repealed Act if the
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provision is in the same (or in substantially the same) terms
as the provision in the repealed Act.
78 Traffic routes under section 10X of repealed Act
A public road that was a traffic route within the meaning of
paragraph (b) of the definition of traffic route in section 10X
of the repealed Act immediately before its repeal is taken to
be a traffic route within the meaning of section 45E (1) of
this Act.
79 Directions to public authorities under section 2G of repealed
Act
Any direction given by the Authority to a public authority
under section 2G of the repealed Act that was in force
immediately before the repeal of that Act is taken to be a
directive given to the public authority under section 53A of
this Act.
80 Recommendations to public authorities under section 2H of
repealed Act in respect of lighting
Any recommendation made by the Authority to a public
authority under section 2H of the repealed Act that was in
force immediately before the repeal of that Act is taken to be
a recommendation made to the public authority under section
53B of this Act.
81 Subsidies granted but not paid under Part 3C or 3D of
repealed Act
(1) Any subsidy granted to a council under Part 3C of the
repealed Act that is still payable to the council immediately
before the repeal of that Act is taken to be a subsidy granted
and payable to the council under the corresponding
provisions of Division 3 of Part 8 of this Act (as amended by
the amending Act).
(2) Any subsidy granted to an electricity distributor under Part
3D of the repealed Act that is still payable to the council
immediately before the repeal of that Act is taken to be a
subsidy granted and payable to the electricity distributor
under the corresponding provisions of Division 3 of Part 8 of
this Act (as amended by the amending Act).
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82 Running of subsidy periods under section 10Z of repealed
Act
If a period of 12 months commencing on a 1 July
commenced under section 10Z of the repealed Act had not
expired immediately before the repeal of that section, section
80B applies to the unexpired period as if it had been in force
when the period of 12 months first commenced.
2.50 Workers Compensation Act 1987 No 70
Section 10 Journey claims
Omit "Traffic Act 1909" from section 10 (1B).
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
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Schedule 3 Consequential amendment of
Regulations
(Section 4)
3.1 Ambulance Services (Staff) Regulation 1995
Clause 13 Offences to be reported
Omit the definition of traffic offence from clause 13 (4). Insert instead:
traffic offence means any of the following offences:
(a) the offence under section 42 of the Road Transport
(Safety and Traffic Management) Act 1999 relating to
driving a motor vehicle upon a road or road related
area furiously or recklessly or at a speed or in a
manner which is dangerous to the public,
(b) the offence under section 42 of the Road Transport
(Safety and Traffic Management) Act 1999 relating to
driving a motor vehicle upon a road or road related
area negligently,
(c) the offence under section 43 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relates to menacing driving),
(d) the offences under section 9 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relate to presence of prescribed concentration of
alcohol in person's blood),
(e) the offences under section 19 (2) of the Road
Transport (General) Act 1999 (which relate to
refusing to produce a motor vehicle driver's licence
when required or to state a name and home address,
or stating a false name and home address),
(f) the offences under section 12 (1) of the Road
Transport (Safety and Traffic Management) Act 1999
(which relate to driving etc. while under the influence
of alcohol or any other drug),
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(g) the offences under section 25A (1) and (3) of the
Road Transport (Driver Licensing) Act 1998 (which
relate to driving while unlicensed),
(h) the offences under section 70 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relate to failing to stop after an accident and give
assistance).
3.2 Charitable Fundraising Regulation 1998
Clause 27 Soliciting from occupants of motor vehicles
Omit clause 27 (2). Insert instead:
(2) In this clause:
road means a road within the meaning of the Road
Transport (General) Act 1999 (other than a road that is the
subject of a declaration made under section 9 (1) (b) of that
Act relating to all of the provisions of that Act).
road related area means a road related area within the
meaning of the Road Transport (General) Act 1999 (other
than a road related area that is the subject of a declaration
made under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
3.3 Crimes (Detention After Arrest) Regulation 1998
Clause 13 Custody managers not prevented from exercising
other functions
Omit clause 13 (b). Insert instead:
(b) any function under the provisions of Part 2 of the
Road Transport (Safety and Traffic Management) Act
1999 (such as carrying out a breath analysis).
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3.4 Dangerous Goods Regulation 1978
[1] Clause 15A Register of drivers of vehicles used to carry dangerous
goods
Omit clause 15A (8) (b). Insert instead:
(b) who has committed an offence against the Act, this
Regulation or the road transport legislation within the
meaning of the Road Transport (General) Act 1999,
[2] Clause 281A
Omit the clause. Insert instead:
281A Use of liquefied flammable gas in motor vehicles
A person must not put any liquefied flammable gas in the
air-conditioning system of a motor vehicle (within the
meaning of the Road Transport (Vehicle Registration) Act
1997).
3.5 Dangerous Goods (Gas Installations) Regulation 1998
Clause 26 Identification labels
Omit "Traffic Act 1909" from clause 26 (2).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
3.6 Driving Instructors Regulation 1993
Clause 10 Duplicate driving controls
Omit clause 10 (2) (d). Insert instead:
(d) to an implement within the meaning of the Road
Transport (Vehicle Registration) Regulation 1998.
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3.7 Fines Regulation 1997
[1] Clause 12 Vehicle or vessel offences: section 38
Omit "Traffic Act 1909" from clause 12 (1) wherever occurring.
Insert instead "Road Transport (Safety and Traffic Management)
Act 1999".
[2] Clause 12 (2)
Omit the matter relating to the Traffic Act 1909, section 18A.
Insert in appropriate alphabetical order:
· Road Transport (General) Act 1999, section 43
3.8 Fire Brigades (General) Regulation 1997
[1] Clause 8 Appointments to the permanent fire brigade
Omit clause 8 (2) (c). Insert instead:
(c) holds a current driver licence under the Road
Transport (Driver Licensing) Act 1998, and
[2] Clause 9 Appointments to volunteer fire brigades
Omit clause 9 (3) (c). Insert instead:
(c) holds a current driver licence under the Road
Transport (Driver Licensing) Act 1998, and
[3] Clause 17 Unacceptable behaviour
Omit clause 17 (3). Insert instead:
(3) In this clause:
drug has the same meaning as it has in the Road Transport
(Safety and Traffic Management) Act 1999 (paragraph (a) of
the definition of drug in the Dictionary of that Act
excepted).
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3.9 Home Building Regulation 1997
Clause 6 "Dwelling"--certain residential buildings and other
structures excluded
Omit "Traffic Act 1909" from clause 6 (h).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
3.10 Justices (Short Descriptions of Motor Traffic and Other
Offences) Regulation 1986
Schedule 1
Omit the matter relating to the General Traffic Regulations 1916, the
General Traffic (Pedestrian) Regulations 1937, the Motor Traffic
Regulations 1935 and the Traffic Act 1909.
3.11 Local Government (Approvals) Regulation 1993
[1] Clause 98 Activities for which approval is not required
Omit clause 98 (d) (iii). Insert instead:
(iii) in a motor vehicle registered under the Road
Transport (Vehicle Registration) Act 1997 that
is used primarily for road transport.
[2] Clause 98 (e) (iii)
Omit the subparagraph. Insert instead:
(iii) in a motor vehicle registered under the Road
Transport (Vehicle Registration) Act 1997 that
is used primarily for road transport.
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3.12 Local Government (Caravan Parks, Camping Grounds and
Moveable Dwellings) Regulation 1995
[1] Dictionary
Omit the definition of campervan. Insert instead:
campervan means a moveable dwelling (other than a
caravan) that is designed so as to be registrable as a motor
vehicle under the Road Transport (Vehicle Registration) Act
1997, and includes a camper trailer.
[2] Dictionary, definition of "caravan"
Omit the definition. Insert instead:
caravan means a moveable dwelling that is designed so as
to be registrable as a trailer under the Road Transport
(Vehicle Registration) Act 1997, but does not include a
camper trailer.
[3] Dictionary, definition of "park van"
Omit the definition. Insert instead:
park van means a moveable dwelling (other than a tent),
whether or not capable of being registered under the Road
Transport (Vehicle Registration) Act 1997, that:
(a) is or usually is continuously located on a short-term
site, and
(b) is provided for hire, and
(c) is used by a site occupier other than the owner of the
moveable dwelling primarily for holiday purposes.
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[4] Dictionary, definition of "relocatable home"
Omit the definition. Insert instead:
relocatable home means:
(a) a manufactured home, or
(b) any other moveable dwelling (whether or not
self-contained) that comprises one or more major
sections, including any associated structure that forms
part of the dwelling,
but does not include a tent, caravan or campervan or any
moveable dwelling that is capable of being registered under
the Road Transport (Vehicle Registration) Act 1997.
3.13 Medical Practice Regulation 1998
Clause 6 Offences for which notice of conviction of medical
practitioner not required
Omit clause 6 (1). Insert instead:
(1) All the offences under the road transport legislation (within
the meaning of the Road Transport (General) Act 1999) are
prescribed offences for the purposes of section 71 of the Act,
except for the following offences:
(a) an offence under section 42 of the Road Transport
(Safety and Traffic Management) Act 1999 relating to
driving a motor vehicle upon a public street furiously
or recklessly or at a speed or in a manner which is
dangerous to the public,
(b) an offence under section 42 of the Road Transport
(Safety and Traffic Management) Act 1999 relating to
driving a motor vehicle upon a public street
negligently if the registered medical practitioner is, by
way of penalty, sentenced to imprisonment or fined a
sum of not less than $200,
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(c) any offence under section 19 (2) of the Road
Transport (General) Act 1999 (which relates to
refusing to produce a driver licence when required or
to state name and home address, or stating a false
name and home address),
(d) any offence under section 12 (1) of the Road
Transport (Safety and Traffic Management) Act 1999
(which relates to driving etc while under the influence
of alcohol or any other drug),
(e) any offence under section 25A (1), (2) or (3) of the
Road Transport (Driver Licensing) Act 1998 (which
relates to driving while unlicensed),
(f) any offence under section 70 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relates to failing to stop after an accident),
(g) any offence under section 9 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relates to presence of prescribed concentration of
alcohol in person's blood),
(h) an offence under section 43 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relates to menacing driving),
(i) any other offence under the road transport legislation
if the court orders the disqualification of the medical
practitioner from holding a driver licence.
3.14 Motor Dealers Regulation 1986
[1] Clause 4 Definitions
Omit the definition of plate date from clause 4 (1). Insert instead:
plate date means the date on an identification plate within
the meaning of the Road Transport (Vehicle Registration)
Regulation 1998.
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Schedule 3 Consequential amendment of Regulations
[2] Clause 4 (1), definition of "vehicle identification number" or "VIN"
Omit "(as defined in Regulation 2 of the Motor Traffic
Regulations 1935)".
Insert instead "(as defined in the Road Transport (Vehicle Registration)
Regulation 1998)".
[3] Clause 27 Certificate of inspection
Omit "the regulations under the Traffic Act 1909" from clause 27 (1).
Insert instead "the Road Transport (Vehicle Registration) Act 1997".
3.15 Noise Control (Miscellaneous Articles) Regulation 1995
[1] Clause 3 Definitions
Omit "Traffic Act 1909" from the definition of mobile air compressor
in clause 3 (1).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
[2] Clause 17 Labelling of mobile garbage compactors
Omit "Traffic Act 1909" from clause 17 (1).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
3.16 Noise Control (Motor Vehicles and Motor Vehicle
Accessories) Regulation 1995
[1] Clause 4 Sale of motor vehicles generally
Omit "Traffic Act 1909" from clause 4 (2) (b).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Regulations Schedule 3
[2] Clause 6 Sale of motor vehicle horns generally
Omit clause 6 (3) (f). Insert instead:
(f) a vehicle in respect of which the Roads and Traffic
Authority has given written approval for the
attachment of a horn or similar device for the
purposes of Schedule 4 to the Road Transport
(Vehicle Registration) Regulation 1998.
[3] Clause 18 Use of motor vehicle horns generally
Omit clause 18 (2) (f). Insert instead:
(f) a vehicle in respect of which the Roads and Traffic
Authority has given written approval for the
attachment of a horn or similar device for the
purposes of Schedule 4 to the Road Transport
(Vehicle Registration) Regulation 1998.
[4] Clause 29 Defective vehicle notices
Omit "Traffic Act 1909" from clause 29 (3) (c).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
[5] Clause 31 Suspension of registration pending inspection
Omit "Traffic Act 1909" from clause 31 (1).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
[6] Clause 32 Prohibition on registration of certain motor vehicles
Omit "Traffic Act 1909" from clause 32 (1) (a).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
3.17 Passenger Transport (Bus Services) Regulation 1995
[1] Clause 8 Records of drivers
Omit "Traffic Act 1909" from clause 8 (1) (b).
Insert instead "Road Transport (Driver Licensing) Act 1998".
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 3 Consequential amendment of Regulations
[2] Clause 13 Overloading
Omit "Traffic Act 1909" from clause 13 (5).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
[3] Clause 51 Buses registered interstate
Omit "Traffic Act 1909".
Insert instead "Road Transport (Vehicle Registration) Act 1997".
3.18 Passenger Transport (Private Hire Vehicle Services)
Regulation 1995
[1] Clause 4 Maximum age of private hire vehicles
Omit "a compliance plate was fitted to the vehicle in accordance with
paragraph 4A of Schedule F to the Motor Traffic Regulations 1935" from
clause 4 (3).
Insert instead "an identification plate fitted to the vehicle in accordance
with the Road Transport (Vehicle Registration) Regulation 1998".
[2] Clause 8 Records of drivers
Omit "Traffic Act 1909" from clause 8 (1) (b).
Insert instead "Road Transport (Driver Licensing) Act 1998".
3.19 Passenger Transport (Taxi-cab Services) Regulation 1995
[1] Clause 3 Definitions
Omit the definition of taxi stand. Insert instead:
taxi stand means a taxi stand appointed under clause 51 of
this Regulation or a taxi stand or taxi zone (however
described) established under regulations made under the
Road Transport (Safety and Traffic Management) Act 1999.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Regulations Schedule 3
[2] Clause 12 Stand-by taxi-cabs
Omit "Traffic Act 1909" from clause 12 (3).
Insert instead "Road Transport (Vehicle Registration) Act 1997".
[3] Clause 16 Records of drivers
Omit "Traffic Act 1909" from clause 16 (1) (b).
Insert instead "Road Transport (Driver Licensing) Act 1998".
3.20 Physiotherapists Registration Regulation 1995
Clause 29
Omit the clause. Insert instead:
29 Offences for which notice of conviction of physiotherapist
not required
All the offences under the road transport legislation (within
the meaning of the Road Transport (General) Act 1999) are
prescribed offences for the purposes of section 24 (2A) of
the Act, except for the following offences:
(a) an offence under section 42 of the Road Transport
(Safety and Traffic Management) Act 1999 relating to
driving a motor vehicle upon a public street furiously
or recklessly or at a speed or in a manner which is
dangerous to the public,
(b) an offence under section 42 of the Road Transport
(Safety and Traffic Management) Act 1999 relating to
driving a motor vehicle upon a public street
negligently if the physiotherapist is, by way of
penalty, sentenced to imprisonment or fined a sum of
not less than $200,
(c) any offence under section 19 (2) of the Road
Transport (General) Act 1999 (which relates to
refusing to produce a driver licence when required or
to state name and home address, or stating a false
name and home address),
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 3 Consequential amendment of Regulations
(d) any offence under section 12 (1) of the Road
Transport (Safety and Traffic Management) Act 1999
(which relates to driving etc while under the influence
of alcohol or any other drug),
(e) any offence under section 25A (1), (2) or (3) of the
Road Transport (Driver Licensing) Act 1998 (which
relate to driving while unlicensed),
(f) any offence under section 70 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relates to failing to stop after an accident),
(g) any offence under section 9 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relates to presence of prescribed concentration of
alcohol in person's blood),
(h) an offence under section 43 of the Road Transport
(Safety and Traffic Management) Act 1999 (which
relates to menacing driving),
(i) any other offence under the road transport legislation
if the court orders the disqualification of the
physiotherapist from holding a driver licence.
3.21 Police Service Regulation 1990
[1] Clause 66B Definitions
Omit "Traffic Act 1909" from the definition of breath analysing
instrument.
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
[2] Clause 66B, definition of "breath test"
Omit "Traffic Act 1909" from paragraph (b) of the definition.
Insert instead "Road Transport (Safety and Traffic Management) Act
1999".
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Road Transport Legislation Amendment Act 1999 No 19
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[3] Clause 66C Operation of this Part
Omit "Traffic Act 1909" from clause 66C (1) and (2) wherever occurring.
Insert instead "Road Transport (Safety and Traffic Management)
Act 1999".
3.22 Registration of Interests in Goods Regulation 1994
[1] Clause 4 Definitions
Omit the clause. Insert instead:
4 Definitions
In this Division:
registration number includes an unregistered vehicle permit
issued in respect of a motor vehicle under the Road
Transport (Vehicle Registration) Regulation 1998 or similar
legislation of a participating State.
vehicle identification number means the number allocated
to a vehicle under the International Standards Organisation
vehicle identification system required under an Australian
Design Rule adopted by a regulation made under the Road
Transport (Vehicle Registration) Act 1997.
[2] Clause 6 Prescribed information relating to motor vehicles (sec 5
(1A) and (2))
Omit clause 6 (2) (a) and (b). Insert instead:
(a) information received from the Roads and Traffic
Authority in relation to a motor vehicle whose
registration has been cancelled under the Fines Act
1996,
(b) information received from the Roads and Traffic
Authority in relation to a motor vehicle whose
registration is subject to an exemption or concession
under the Road Transport (Vehicle Registration)
Regulation 1998,
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 3 Consequential amendment of Regulations
3.23 Road Transport (Driver Licensing) Regulation 1999
[1] Clause 12 Learner driver must be accompanied
Omit clause 12 (5) (b). Insert instead:
(b) take all reasonable precautions to prevent a
contravention of the road transport legislation within
the meaning of the Road Transport (General) Act
1999.
[2] Clause 14 Heavy vehicle learners
Omit clause 14 (2).
[3] Clause 15 Provisional licences
Omit clause 15 (5) (a). Insert instead:
(5) In addition to any other ground on which a licence may be
cancelled by the Authority, a provisional licence may be
cancelled immediately by the Authority on any of the
following grounds:
(a) the holder of the licence is convicted of an offence
under the Act or this Regulation or of a penalty notice
offence referred to in section 15 of the Road
Transport (General) Act 1999,
(b) the holder of the licence pays a penalty pursuant to
section 15 of the Road Transport (General) Act 1999
in respect of any such offence.
[4] Clause 40 Downgrading of driver licence
Omit clause 40 (1) (a). Insert instead:
(a) by the operation of the road transport legislation
(within the meaning of the Road Transport (General)
Act 1999) as a result of the imposition on the holder
of the licence of a period of disqualification, or
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Road Transport Legislation Amendment Act 1999 No 19
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[5] Clause 64 Fee exemption for eligible pensioners
Omit paragraph (d) from the definition of eligible pensioner in clause
64 (2).
Insert instead:
(d) who is the holder of a current driver licence, being a
licence for which no fee was payable by virtue of this
Regulation, or
3.24 Road Transport (Mass, Loading and Access) Regulation 1996
[1] Clause 10 Exemption by notice in Gazette
Omit clause 10 (1) (b). Insert instead:
(b) a dimension limit in the Road Transport (Vehicle
Registration) Regulation 1998.
[2] Clause 10 (3)
Omit the note. Insert instead:
Note. Gazette is defined in the Interpretation Act 1987 to mean the
New South Wales Government Gazette.
[3] Clause 11 What must be included in a Class 1 notice?
Omit clause 11 (1) (c). Insert instead:
(c) the provisions of this Regulation and the Road
Transport (Vehicle Registration) Regulation 1998
from which exemption is given, and
[4] Clause 12 Exemption by permit
Omit clause 12 (1). Insert instead:
(1) An owner of a Class 1 vehicle may apply to the Authority for
a permit exempting the vehicle from a requirement of
Schedule 1 or the Road Transport (Vehicle Registration)
Regulation 1998.
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Schedule 3 Consequential amendment of Regulations
[5] Clause 12 (4)
Omit the note to the subclause. Insert instead:
Note. Clause 90 of the Road Transport (Vehicle Registration)
Regulation 1998 provides that a person or vehicle is exempted from a
dimension limit or any other requirement of those Regulations if that
person or vehicle is exempted from that limit or requirement under this
Regulation.
[6] Clause 13 What must be included in a Class 1 permit?
Omit clause 13 (1) (c). Insert instead:
(c) the provisions of Schedule 1 or the Road Transport
(Vehicle Registration) Regulation 1998 from which
exemption is given, and
[7] Clause 23 Exemption by notice in Gazette
Omit clause 23 (1) (b). Insert instead:
(b) a dimension limit in the Road Transport (Vehicle
Registration) Regulation 1998.
[8] Clause 23 (3)
Omit the note to the subclause. Insert instead:
Note. Clause 90 of the Road Transport (Vehicle Registration)
Regulation 1998 provides that a person or vehicle is exempted from a
dimension limit or any other requirement of those Regulations if that
person or vehicle is exempted from that limit or requirement under this
Regulation.
[9] Clause 24 Exemption by permit
Omit clause 24 (1). Insert instead:
(1) An owner of a Class 3 vehicle may apply to the Authority for
a permit exempting the Class 3 vehicle from a requirement
of Schedule 1 or the Road Transport (Vehicle Registration)
Regulation 1998.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Regulations Schedule 3
[10] Clause 25 Power to grant Class 3 permit
Omit clause 25 (b). Insert instead:
(b) a dimension limit in the Road Transport (Vehicle
Registration) Regulation 1998.
[11] Clause 26 What must be included in a Class 3 notice or permit?
Omit clause 26 (1) (b). Insert instead:
(b) the provisions of Schedule 1 and the Road Transport
(Vehicle Registration) Regulation 1998 from which
exemption is given, and
[12] Clause 27 Issuing a Class 3 notice or permit
Omit clause 27 (1) (b). Insert instead:
(b) a dimension limit in Schedule 1 and the Road
Transport (Vehicle Registration) Regulation 1998 is
not exceeded by more than 10%.
[13] Clause 27 (2)
Omit the subclause. Insert instead:
(2) In the case of a combination, if each of the individual
vehicles that make up the combination, together with any
load, comply in all respects with the mass and dimension
limits of Schedule 1 and the Road Transport (Vehicle
Registration) Regulation 1998, the conditions of a Class 3
notice or Class 3 permit may allow an increase in the total
length limit or the total mass limit, or both, prescribed in that
Schedule and that Regulation for the combination as a
whole.
[14] Clause 27 (4) (b)
Omit the paragraph. Insert instead:
(b) the carrying of more than one large indivisible item
does not cause the vehicle or combination and its load
to exceed a dimension limit in Schedule 1 or the Road
Transport (Vehicle Registration) Regulation 1998
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 3 Consequential amendment of Regulations
that would not have been exceeded by the carrying of
only one of the large indivisible items, and
[15] Clause 36 Failure to comply with a condition of a Class 1, 2 or 3
notice or permit
Omit "Schedule 1, the Road Transport (Vehicle Registration) Regulation
1998 or the Motor Traffic Regulations 1935" from clause 36 (2).
Insert instead "Schedule 1 or the Road Transport (Vehicle Registration)
Regulation 1998".
[16] Clause 36 (4)
Omit "Schedule 1, the Road Transport (Vehicle Registration) Regulation
1998 or the Motor Traffic Regulations 1935".
Insert instead "Schedule 1 or the Road Transport (Vehicle Registration)
Regulation 1998".
[17] Clause 36 (5)
Omit "Schedule 1, the Road Transport (Vehicle Registration) Regulation
1998 or the Motor Traffic Regulations 1935".
Insert instead "Schedule 1 or the Road Transport (Vehicle Registration)
Regulation 1998".
[18] Clause 36 (6)
Omit the note to the subclause. Insert instead:
Note. Clause 90 of the Road Transport (Vehicle Registration)
Regulation 1998 provides that a person or vehicle is exempted from a
dimension limit or any other requirement of those Regulations if that
person or vehicle is exempted from that limit or requirement under this
Regulation.
[19] Clause 41A
Omit the clause:
41A Definitions
In this Part:
articulated vehicle and tractor have the same meanings as
they have in the Road Transport (Vehicle Registration)
Regulation 1998.
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Road Transport Legislation Amendment Act 1999 No 19
Consequential amendment of Regulations Schedule 3
[20] Schedule 1 Mass and loading requirements for heavy vehicles
Omit clause 7 (1) from Part 2. Insert instead:
(1) A vehicle or a combination, and its load, must not exceed a
size limit set for the vehicle or combination in the Road
Transport (Vehicle Registration) Regulation 1998.
[21] Schedule 2 Oversize and overmass vehicles
Omit clause 2 (1) from Part 1. Insert instead:
(1) A vehicle or combination described in Table 3 must not,
together with any load, exceed a dimension limit specified in
the Table for that vehicle or combination, or the
corresponding limit in the Road Transport (Vehicle
Registration) Regulation 1998 or Schedule 1, whichever is
the greater.
[22] Schedule 2, Part 4
Omit the note to clause 30. Insert instead:
Note. Clause 90 of the Road Transport (Vehicle Registration)
Regulation 1998 provides that a person or vehicle is exempted from a
dimension limit or any other requirement of those Regulations if that
person or vehicle is exempted from that limit or requirement under this
Regulation.
[23] Schedule 2, Part 5
Omit clause 33 (2). Insert instead:
(2) A light referred to in subclause (1) must flash yellow unless
the vehicle is a police vehicle or a vehicle belonging to an
Authority and the light is of a colour approved under
Schedule 4 to the Road Transport (Vehicle Registration)
Regulation 1998.
[24] Dictionary
Omit paragraph (e) of the definition of Class 1 vehicle. Insert instead:
(e) a dimension limit in Schedule 1 or the Road
Transport (Vehicle Registration) Regulation 1998.
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 3 Consequential amendment of Regulations
[25] Dictionary, definition of "Class 2 vehicle"
Omit the definition. Insert instead:
Class 2 vehicle means a restricted access vehicle that
complies with the mass and dimension limits prescribed in
the Road Transport (Vehicle Registration) Regulation 1998
and, except as provided in paragraph (b) of the definition of
restricted access vehicle, Schedule 1 and is:
(a) a B-double, or
(b) a road train, or
(c) a controlled access bus not more than 14.5 m long, or
(d) a combination carrying vehicles on more than one
deck that, together with its load, meets one or both of
the following criteria:
(i) its height exceeds 4.3 m but does not exceed
4.6 m,
(ii) its length exceeds 19 m, or
(e) a single motor vehicle, or a combination, that exceeds
4.3 m, but does not exceed 4.6 m, in height and is
built to carry cattle, sheep, pigs or horses.
[26] Dictionary, definition of "controlled access bus"
Omit paragraph (a) of the definition. Insert instead:
(a) an articulated vehicle with the meaning of the Road
Transport (Vehicle Registration) Regulation 1998, or
[27] Dictionary, definition of "oversize"
Omit the definition. Insert instead:
oversize means having a dimension that, including the
dimension of any load, exceeds a relevant dimension limit in
this Regulation or the Road Transport (Vehicle Registration)
Regulation 1998.
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Road Transport Legislation Amendment Act 1999 No 19
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[28] Dictionary, definition of "restricted access vehicle"
Omit paragraph (b) (iv) of the definition. Insert instead:
(iv) any other dimension limit prescribed in this
Regulation or the Road Transport (Vehicle
Registration) Regulation 1998.
3.25 Road Transport (Vehicle Registration) Regulation 1998
[1] Clause 42 Suspension or cancellation of registration
Omit clause 42 (5) (b). Insert instead:
(b) a provision of the road transport legislation (within
the meaning of the Road Transport (General) Act
1999) other than this Act or the regulations.
[2] Clause 43 Procedures for suspension and cancellation of
registration
Omit clause 43 (2) (b) (iv). Insert instead:
(iv) if there is a right under the Road Transport
(General) Act 1999 or a regulation made under
that Act to appeal against the decision or to
have it reviewed--advises the registered
operator of the right of appeal or review.
[3] Clause 75 Change or replacement of vehicle part
Omit the note to clause 75. Insert instead:
Note. Section 50 of the Road Transport (General) Act 1999 empowers
police officers to enter premises carrying out vehicle repairs for the
purpose of tracing stolen motor vehicles and motor vehicle parts.
[4] Schedule 1 Application of Act and Regulation
Omit clause 2 (2).
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[5] Dictionary
Omit paragraph (d) of the definition of eligible pensioner in clause 1.
Insert instead:
(d) who is the holder of a current driver licence, being a
licence for which no fee was payable under the Road
Transport (Driver Licensing) Act 1998, or
[6] Dictionary, clause 1
Omit the definition of emergency vehicle. Insert instead:
emergency vehicle means:
(a) any vehicle apparently carrying a member of the
Police Service on urgent duty, or
(b) any fire engine, reel or other vehicle apparently
proceeding in the charge of a fire fighter to a fire or
other emergency, or
(c) any ambulance vehicle apparently proceeding to the
scene of an accident or to a hospital with an injured
person or apparently conveying, or apparently
proceeding to any place to convey, a person who is
seriously ill, or
(d) any Red Cross vehicle apparently carrying blood for
an urgent transfusion.
[7] Dictionary, clause 1
Omit the definition of penalty notice. Insert instead:
penalty notice means a penalty notice served on a person
under Division 1 of Part 3 of the Road Transport (General)
Act 1999.
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3.26 Roads (General) Regulation 1994
[1] Clause 3 Definitions
Omit the definition of motor vehicle. Insert instead:
motor vehicle has the same meaning as it has in the Road
Transport (General) Act 1999.
[2] Clause 3, definition of "vehicle"
Omit the definition. Insert instead:
vehicle has the same meaning as it has in the Road Transport
(General) Act 1999.
3.27 Tow Truck Regulation 1990
Clause 4 definitions
Omit the definition of owner from clause 4 (1). Insert instead:
owner of a motor vehicle includes the responsible person for
the vehicle within the meaning of the Road Transport
(General) Act 1999.
3.28 Transport Administration (Railway Offences) Regulation 1994
Clause 31 Certain vehicles crossing railway line at level
crossing
Omit clause 31 (2) (a). Insert instead:
(a) the vehicle and load comply with the relevant
regulations made under the Road Transport (Safety
and Traffic Management) Act 1999 and the Roads Act
1993 (or are the subject of a relevant permit under
either of those Acts), and
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 4 Other amendment of Acts
Schedule 4 Other amendment of Acts
(Section 4)
4.1 Road Transport (Driver Licensing) Act 1998 No 99
[1] Section 14 Demerit points register
Omit "who does not hold an Australian driver licence" from section
14 (3).
Insert instead "(whether or not a person holds an Australian driver
licence)".
[2] Section 14 (4)
Omit the subsection. Insert instead:
(4) For the purposes of subsection (3), if a person applies for a
driver licence (including for the renewal of a licence) having
incurred 12 or more demerit points within a 3 year period
ending on the day on which the applicant last committed an
offence for which demerit points have been recorded against
the applicant:
(a) the Authority may refuse the person's application and
take action under section 16A, or
(b) the Authority may grant the licence and take action
under section 16 or 16A.
[3] Section 16 Consequences of incurring demerit points
Omit section 16 (3):
(3) Despite subsection (2), the Authority is not required to take
action under that subsection if it is of the opinion:
(a) that it would be unreasonable to do so, having regard
to the date when any relevant offence was committed,
or
(b) it would be more appropriate for the person to be
dealt with under section 14 (4) and 16A.
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Road Transport Legislation Amendment Act 1999 No 19
Other amendment of Acts Schedule 4
[4] Section 16 (8)
Omit "within 21 days after being served with a notice of licence
suspension by the Authority, notify the Authority in writing".
Insert instead "after being served with a notice of licence suspension by
the Authority (but before the commencement of the period of
suspension), notify the Authority in a form approved by the Authority".
[5] Section 16A
Insert after section 16:
16A Ineligibility to apply for driver licences by persons incurring
demerit points
(1) Licence ineligibility for demerit points
The Authority may give a notice of licence ineligibility to the
applicant for a licence (not being a provisional licence or
learner licence) who incurs 12 or more demerit points within
the 3 year period ending on the day on which the person last
committed an offence for which demerit points have been
recorded against the person.
Note. Provisional licence holders are dealt with in section 17.
(2) However, the Authority may not give a person both a notice
of licence ineligibility and a notice of licence suspension
under section 16 in respect of the same 3 year period.
(3) The notice of licence ineligibility must specify the date on
which the ineligibility is to take effect (not being a date that
is earlier than the date on which the notice is given) and must
contain any other matters specified by the regulations. If the
notice is delivered to the applicant personally, the specified
date is taken to be the date on which it is so delivered unless
the notice provides for a later date.
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Road Transport Legislation Amendment Act 1999 No 19
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(4) The period of licence ineligibility under subsection (1) is the
period applicable under the following table:
Table
Licence ineligibility for demerit points
Column 1 Column 2
Number of demerit points Period of licence
incurred within previous 3 ineligibility
years
12 to 15 3 months
16 to 19 4 months
20 or more 5 months
(5) If a person who has been served with a notice of licence
ineligibility does not make an election under subsection (7),
the person is not entitled:
(a) to be issued with a driver licence for the ineligibility
period applicable under this section from the date
specified in the notice, and
(b) to apply for a driver licence for that period.
(6) On the commencement of an ineligibility period or a period
of good behaviour (see subsection (7)), all demerit points
recorded in the demerit points register against the person at
the date of the notice are taken to be deleted.
(7) Alternative to ineligibility
A person who incurs at least 12 demerit points within the 3
year period ending on the day on which the person last
committed an offence for which demerit points have been
recorded against the person may notify the Authority in a
form approved by the Authority that he or she elects, as an
alternative to undergoing the ineligibility period, to be of
good behaviour for a period of 12 months from the day on
which the licence ineligibility would otherwise have had
effect.
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Road Transport Legislation Amendment Act 1999 No 19
Other amendment of Acts Schedule 4
(8) If a person who makes an election in accordance with
subsection (7) incurs 2 or more demerit points during the 12
months' good behaviour period:
(a) the Authority must give the person a notice
suspending the person's driver licence, commencing
on a day specified in the notice, for twice the period
that would have applied to the person under this
section if the person had not made the election, and
(b) the person's driver licence is suspended for that
period from the date specified in the notice.
(9) On the commencement of the period of suspension referred
to in subsection (8), all demerit points recorded in the
demerit points register against the person at the date of the
notice, and taken into account for the purpose of the notice,
are taken to be deleted.
(10) Despite subsections (6) and (9), demerit points incurred by
a person:
(a) after the person is served with a notice of licence
ineligibility but before the licence ineligibility takes
effect, or
(b) if the person makes an election in accordance with
subsection (7), after the person is served with the
notice of licence ineligibility and before the 12
months' period of good behaviour begins, are not
taken to be deleted under this section when the
licence ineligibility takes effect or period of good
behaviour begins and are to be taken into account for
the purposes of subsection (1) from the end of the
licence ineligibility or period of good behaviour.
(11) Nothing in subsection (7) or (10) prevents the Authority
from retaining records of deleted demerit points incurred by
any person.
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 4 Other amendment of Acts
[6] Section 33 Cancellation and suspension of driver licences by
Authority in respect of speeding offences
Omit "cancelled" and "cancel" from section 33 (1) and (2) wherever
occurring.
Insert instead "cancelled or suspended" and "cancel or suspend"
respectively.
[7] Section 33 (3A)
Insert after section 33 (3):
(3A) If a person's driver licence is suspended by the Authority
under this section, the person's licence is suspended for such
period as may be determined by the Authority and specified
in a notice served on the person by the Authority.
[8] Section 33 (5)
Insert "or (5BA)" after "(5B)" wherever occurring.
[9] Section 33A
Insert after section 33:
33A Effect of expiry of driver licence during a suspension period
If the driver licence of a person expires during a period of
suspension for the licence imposed under section 16, 16A or
33:
(a) the person cannot apply to the Authority for another
driver licence during the unexpired portion of the
suspension period, and
(b) the person's driver licence is taken to be suspended
during the unexpired portion of the suspension period
for the purposes of any offence provision under this
Act or any other law in relation to driving a vehicle
while a person's driver licence is suspended.
[10] Section 34 Unpaid fees and charges
Insert "or charges" after "fees".
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Other amendment of Acts Schedule 4
[11] Schedule 3 Savings, transitional and other provisions
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Schedule 4 to Road Transport Legislation
Amendment Act 1999
9 Validation--licence granted with good behaviour condition
granted as alternative to licence refusal
Any election made by the holder of a driver licence before
the commencement of Schedule 4.1 to the Road Transport
(Driver Licensing) Act 1998 to be of good behaviour for a
specified period as an alternative to having his or her
application for a licence refused by the Authority:
(a) is validated to the extent of any invalidity if the
election would have been valid had section 14 (as
amended) and 16A been in force at the time the
election was made, and
(b) is taken for all purposes to have been an election
made under section 16A.
4.2 Road Transport (Vehicle Registration) Act 1997 No 119
Section 15 Regulations to establish registration system
Insert after section 15 (2) (e):
(e1) provide for the waiver or postponement (or partial
waiver or postponement), in accordance with the
regulations, of the registration fees for a registrable
vehicle under this Act or for fees for an unregistered
vehicle permit, and
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Road Transport Legislation Amendment Act 1999 No 19
Schedule 4 Other amendment of Acts
4.3 Subordinate Legislation Act 1989 No 146
[1] Section 10 Staged repeal of statutory rules
Omit "1 September 1999" from section 10 (4).
Insert instead "1 December 1999".
[2] Schedule 3 Matters not requiring regulatory impact statements
Insert after clause 4:
4A. Matters involving the substantial implementation of the
Heavy Vehicles Agreement or the Light Vehicles Agreement
set out in the National Road Transport Commission Act
1991 of the Commonwealth that have been the subject of
regulatory assessment in accordance with the Agreement.
4.4 Traffic Act 1909 No 5
Section 10AA Effect of disqualification
Omit section 10AA (2). Insert instead:
(2) A disqualification to hold an Australian driver licence
(within the meaning of the Road Transport (Driver
Licensing) Act 1998) held under a law in force in another
State or internal Territory by a person who holds a driver
licence issued in this State is, for the purposes of subsection
(1), to be treated as if it were a disqualification to hold the
driver licence issued in this State.
(2A) A person who is so disqualified must:
(a) if present at the court (being a court in this State) and
in possession of his or her driver licence--surrender
the licence to the court immediately after being
convicted, or
(b) if present at the court (being a court in this State) but
not in possession of the licence or if not present at the
court--surrender the licence to the Authority as soon
as practicable after being convicted, or
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Road Transport Legislation Amendment Act 1999 No 19
Other amendment of Acts Schedule 4
(c) if the person is to be treated under subsection (2) as
having been disqualified from holding a driver licence
issued in this State--surrender the licence to the
Authority as soon as practicable after being
disqualified from holding the Australian driver
licence referred to in that subsection.
[Minister's second reading speech made in--
Legislative Assembly on 27 May 1999
Legislative Council on 23 June 1999]
BY AUTHORITY
Page 93
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