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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Miscellaneous) Amendment
Bill 2010
A BILL FOR
An Act to amend the Motor Vehicles Act 1959.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Motor Vehicles
Act 1959
4 Amendment of section 72A—Qualified
supervising drivers
5 Amendment of section 79B—Alcohol and drug
dependency assessments and issue of licences
6 Amendment of
section 81A—Provisional licences
7 Amendment of section
81AB—Probationary licences
8 Amendment of section 98AAD—Licence
or learner's permit falsely obtained is void
9 Amendment of section
139BD—Service and commencement of notices of
disqualification
10 Amendment of section 145—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Miscellaneous) Amendment
Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
4—Amendment of
section 72A—Qualified supervising drivers
Section 72A(1)(c)—delete "section 98BE(1a)" and
substitute:
section 98BE(2)
5—Amendment of
section 79B—Alcohol and drug dependency assessments and issue of
licences
(1) Section 79B(1) and (2)—delete subsections (1) and (2)
and substitute:
(1) If an applicant for the issue of a licence—
(a) has been disqualified from holding or obtaining a licence or learner's
permit in this State, or in another State or Territory of the Commonwealth, as a
consequence of a drink driving offence or an alleged drink driving offence
(whether committed, or allegedly committed, in this State or elsewhere);
and
(b) has not held a licence or learner's permit, or an interstate licence
or interstate learner's permit, since the end of the period of disqualification;
and
(c) has—
(i) if the offence was a prescribed drink driving offence—
(A) been convicted of at least 1 other prescribed drink driving
offence; or
(B) been convicted of or expiated at least 2 other drink driving
offences,
committed or allegedly committed within the period of 5 years before
the date of commission or alleged commission of the offence; or
(ii) in any other case—been convicted of or expiated at least
2 other drink driving offences committed or allegedly committed within the
period of 5 years before the date of commission or alleged commission of
the offence,
the Registrar must, before determining the application for the licence,
direct the applicant to attend an assessment clinic for the purpose of
submitting to an examination to determine whether or not the applicant is
dependent on alcohol.
(2) If an applicant for the issue of a licence—
(a) has been disqualified from holding or obtaining a licence or learner's
permit in this State, or in another State or Territory of the Commonwealth, as a
consequence of a drug driving offence or an alleged drug driving offence
(whether committed, or allegedly committed, in this State or elsewhere);
and
(b) has not held a licence or learner's permit, or an interstate licence
or interstate learner's permit, since the end of the period of disqualification;
and
(c) has been convicted of or expiated at least 1 other drug driving
offence committed or allegedly committed within the period of 5 years
before the date of commission or alleged commission of the offence,
the Registrar must, before determining the application for the licence,
direct the applicant to attend an assessment clinic for the purpose of
submitting to an examination to determine whether or not the applicant is
dependent on drugs.
(2) Section 79B(8)—after the definition of assessment
clinic insert:
prescribed drink driving offence means a drink driving
offence other than a category 1 offence.
6—Amendment of
section 81A—Provisional licences
(1) Section 81A(16)—delete "25, drive a high powered motor
vehicle" and substitute:
25 years, drive a high powered vehicle
(2) Section 81A(17)—delete "The Registrar" and substitute:
Subject to the regulations, the Registrar
(3) Section 81A(18)—delete subsection (18)
7—Amendment of
section 81AB—Probationary licences
Section 81AB(7), definition of prescribed circumstances,
(a)—after "81B," insert:
81BB,
8—Amendment of
section 98AAD—Licence or learner's permit falsely obtained is
void
Section 98AAD(2), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $2 500.
9—Amendment of
section 139BD—Service and commencement of notices of
disqualification
Section 139BD(11), definition of notice of
disqualification—delete "81B(2), 81B(11a)" and
substitute:
81B(1), 81BA(4), 81BB(8)
10—Amendment of
section 145—Regulations
Section 145(1)—after paragraph (ge) insert:
and
(gf) providing for matters relating to exemptions under
section 81A(17), including the issue, carriage and production of
certificates of exemption and the use, suspension, cancellation or surrender of
exemptions or certificates of exemption; and