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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 38
Traffic
Amendment Bill 2009
Mr
Giles
A Bill for an Act to amend the Traffic Act and related legislation
NORTHERN TERRITORY OF AUSTRALIA
TRAFFIC AMENDMENT ACT 2009
____________________
Act No. [ ] of 2009
____________________
Table of provisions
Part VA Vehicle
impounding and
forfeiture
29AG Application
of
Division
91A Certain
driving offences prescribed for section 29AB of Act
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Traffic Act and related legislation
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Traffic Amendment Act 2009.
This Act commences on the date fixed by the Administrator by Gazette notice.
Part
2 Amendment of Traffic
Act
3 Act
amended
This Part amends the Traffic Act.
4 Repeal and substitution of Part VA heading
Part VA, heading
repeal, substitute
Part VA Vehicle impounding and forfeiture
5 Amendment of section 29AA (Object of Part)
Section 29AA
omit
all words after "is to"
substitute
provide for impounding and forfeiture of vehicles in relation to certain offences under this Act
6 Amendment of section 29AB (Definitions)
(1) Section 29AB
insert (in alphabetical order)
Class A prescribed driving offence, see definition prescribed driving offence in this section.
Class B prescribed driving offence means:
(a) a Class B1 prescribed driving offence; or
(b) a Class B2 prescribed driving offence.
Class B1 prescribed driving offence, see definition prescribed driving offence in this section.
Class B2 prescribed driving offence, see definition prescribed driving offence in this section.
subsequent offence means:
(a) a Class A subsequent offence mentioned in section 29AG(1)(b); or
(b) a Class B subsequent offence mentioned in section 29AG(2)(a).
(2) Section 29AB, definition prescribed driving offence
omit, substitute
prescribed driving offence means an offence by the driver of a motor vehicle against a provision of this Act prescribed by the Regulations as any of the following:
(a) a Class A prescribed driving offence;
(b) a Class B1 prescribed driving offence;
(c) a Class B2 prescribed driving offence.
7 Amendment of section 29AD (Power of police officer to impound vehicle)
(1) Section 29AD(1)
omit
prescribed driving offence
substitute
Class A prescribed driving offence
(2) Section 29AD(4)(d)
omit
prescribed driving offences
substitute
Class A prescribed driving offences
8 Repeal and substitution of section 29AG
Section 29AG
repeal, substitute
(1) This Division applies if, within 2 years after a person (the offender) being found guilty of a Class A prescribed driving offence (the first Class A offence):
(a) the offender is found guilty of another Class A prescribed driving offence (the second Class A offence); or
(b) the offender is found guilty of one or more further Class A prescribed driving offences (each of which is a Class A subsequent offence) after being found guilty of the second Class A offence.
(2) This Division also applies if a person (the offender):
(a) is found guilty of a Class B prescribed driving offence (a Class B subsequent offence) within 5 years after being found guilty of a Class B prescribed driving offence; and
(b) has, at any time, been found guilty of 3 or more Class B prescribed driving offences, of which at least one was a Class B1 prescribed driving offence.
9 Amendment of section 29AH (Sentencing for second offence)
(1) Section 29AH, heading
omit
second offence
substitute
second Class A offence
(2) Section 29AH(1) to (3), (5)(a) and (b) and (8)
omit (all references)
second offence
substitute
second Class A offence
10 Amendment of section 29AT (Impounding determination, impounding order and forfeiture order)
(1) Section 29AT(1)(a), (2)(a) and (b) and (4)(a) and (b)
omit (all references)
prescribed
substitute
Class A prescribed
(2) After section 29AT(4)
insert
(4A) A person must not enter into a transaction relating to a motor vehicle, or unlawfully remove anything fitted or attached to the vehicle, if:
(a) a driver of the vehicle is charged with, or issued with a summons for, a Class B prescribed driving offence (the relevant offence); and
(b) the driver was found guilty of one or more Class B prescribed driving offences during the 5 years immediately before being charged with the relevant offence and had at any time been found guilty of another Class B prescribed driving offence; and
(c) at least one of the Class B prescribed driving offences mentioned in paragraph (a) or (b) was a Class B1 prescribed driving offence; and
(d) the person knows about the matters mentioned in paragraphs (a), (b) and (c); and
(e) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for a forfeiture order for the relevant offence.
Maximum penalty: 400 penalty units or imprisonment not exceeding 2 years.
11 Amendment of section 51 (Regulatory offences)
Section 51
omit
29AT(1), (2), (4) and (5)
substitute
29AT(1), (2), (4), (4A) and (5)
12 Amendment of section 56 (Transitional matters for Transport Legislation (Hoon Behaviour) Amendment Act 2009)
(1) Section 56(4)
omit
all words after "29AD(4)(d),"
substitute
29AG(1) and (2) and 29AT(1), (2), (4) and (4A)
(2) Section 56(4), example
omit, substitute
Example
A person was found guilty of a Class A prescribed driving offence 10 months before the commencement. The person is again found guilty of a Class A prescribed driving offence 2 months after the commencement. The Commissioner of Police may therefore apply for an impounding order in relation to the vehicle used in committing the second Class A offence.
Part
3 Amendment of Traffic
Regulations
13 Regulations
amended
This Part amends the Traffic Regulations.
14 Repeal and substitution of regulation 91A
Regulation 91A
repeal, substitute
91A Certain driving offences prescribed for section 29AB of Act
For the definition of prescribed driving offence in section 29AB of the Act:
(a) an offence against any of the following provisions is a Class A prescribed driving offence:
(i) regulation 37(1A);
(ii) regulation 37A(1);
(iii) regulation 37B(1); and
(b) an offence against any of the following provisions is a Class B1 prescribed driving offence:
(i) section 21 of the Act;
(ii) section 29AAA of the Act;
(iii) section 29AAE of the Act; and
(c) an offence against any of the following provisions is a Class B2 prescribed driving offence:
(i) section 22 of the Act;
(ii) section 23 of the Act;
(iii) section 24 of the Act;
(iv) section 25 of the Act;
(v) section 26 of the Act.
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