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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Trials of Automotive Technologies)
Amendment Bill 2015
A BILL FOR
An Act to amend the
Motor
Vehicles Act 1959
.
Contents
Part 2—Amendment of Motor Vehicles
Act 1959
4Amendment of section 116—Claim against
nominal defendant where vehicle uninsured
Part 4A—Trials of automotive
technologies
134CMinister may publish or adopt
guidelines
134DMinister may authorise trials
of automotive technologies
134EExemptions from this and other
Acts
134FRevocation and suspension of
exemption
134GOffence to
contravene etc condition of exemption
134IOffence to
hinder authorised trial or interfere with equipment
134JImmunity
relating to official powers or functions
134KCommencement of
prosecutions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Trials of Automotive
Technologies) Amendment Act 2015.
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 116—Claim against nominal defendant where vehicle
uninsured
Section 116(1), definition of uninsured motor
vehicle—delete the definition and substitute:
uninsured motor vehicle means a motor vehicle in relation to
which no policy of insurance as required by this Part is in force, but does not
include—
(a) a prescribed agricultural machine (within the meaning of
section 12) in relation to which there is in force a policy of public
liability insurance referred to in section 12(2b); or
(b) a motor vehicle in relation to which there is in force a policy of
public liability insurance referred to in section 12B(2); or
(c) a motor vehicle of a kind exempted by the regulations from insurance
under this Part in relation to which there is in force a policy of insurance as
required by the regulations; or
(d) a motor vehicle in relation to which there is in force a policy of
public liability insurance referred to in section 134H(a); or
(e) a motor vehicle in relation to which there is in force a policy of
insurance—
(i) that complies with the law of some other State or Territory of the
Commonwealth; and
(ii) under which the owner and driver of the motor vehicle are insured
against liability that might be incurred by either or both of them in respect of
the death of, or bodily injury to, any person caused by, or arising out of the
use of, the motor vehicle in this State.
After section 134A insert:
Part 4A—Trials of automotive
technologies
134B—Interpretation
(1) In this Part—
authorisation notice, in respect of a trial of automotive
technology, means a notice authorising the trial under
section 134D(1)
;
authorised trial means a trial the subject of an
authorisation notice;
authorised trial period means the period specified in an
authorisation notice during which an authorised trial may be
undertaken;
exemption means an exemption under
section 134E
, as in force from time to time.
(2) For the purposes of this Part, a particular technology will be taken
to be automotive technology if the technology—
(a) is related to the design, construction or use of wholly or partly
autonomous motor vehicles; or
Note—
These vehicles are commonly referred to as driverless cars or driverless
vehicles.
(b) otherwise relates to advances in the design or construction of motor
vehicles.
134C—Minister may publish or adopt
guidelines
(1) The Minister may, by notice in the Gazette, publish or adopt
guidelines in connection with the operation of this Part.
(2) The Minister may, by subsequent notice in the Gazette, vary,
substitute or revoke guidelines published or adopted under this
section.
(3) A copy of any guidelines published or adopted under this section
must—
(a) be published on a website determined by the Minister; and
(b) be kept available for public inspection, without charge and during
ordinary office hours, at an office or offices specified by the
Minister.
134D—Minister may authorise trials of automotive
technologies
(1) The Minister may,
by notice in the Gazette (an authorisation notice), authorise a
specified person to undertake a trial of automotive technology in accordance
with this Part.
(2) Before authorising a trial under this Part, the Minister
must—
(a) be satisfied that the person has in place, or will have in place
before the trial commences, arrangements for public liability insurance that
comply with any requirements under
section 134H
; and
(b) comply with any other requirements set out in the regulations for the
purposes of this subsection,
however a failure to comply with this subsection will not, of itself,
invalidate the authorisation of a trial.
(3) Subject to
section 134L
, an authorisation notice—
(a) must specify—
(i) the area or areas of the State in which the trial may be undertaken;
and
(ii) the authorised trial period in respect of the trial; and
(iii) the scope and nature of the trial; and
(iv) the name of the person authorised to undertake the trial;
and
(b) must contain any other information required by the regulations in
respect of the trial; and
(c) may include such other information as the Minister thinks
appropriate.
(4) An authorisation may be conditional or unconditional (including, to
avoid doubt, a condition requiring compliance with guidelines prepared or
adopted by the Minister under
section 134C
).
(5) The Minister must, not later than 1 month before the commencement of
an authorised trial, cause details of the authorised trial to be published on a
website determined by the Minister (however a failure to comply with this
subsection will not, of itself, invalidate the authorisation of a
trial).
(6) The Minister
may vary or revoke an authorisation, or vary, revoke or add a condition of an
authorisation, for any reason the Minister thinks fit.
134E—Exemptions from this and other
Acts
(1) Subject to this section, the Minister may, for a purpose related to an
authorised trial, exempt a person or class of persons, or a vehicle or class of
vehicles, from the operation of a provision or provisions of this or any other
Act, law or standard.
(2) An exemption may be granted on the Minister's own initiative or on an
application made in a manner and form determined by the Minister.
(3) In the case of an exemption from a provision or provisions of an Act
for which the Minister is not responsible, the Minister must consult with the
Minister responsible for the administration of that Act before granting the
exemption.
(4) An exemption—
(a) must be by notice in the Gazette (whether as part of an authorisation
notice or otherwise); and
(b) may be conditional or unconditional; and
(c) remains in force (subject to any suspension under
section 134F
) until—
(i) the day on which the authorised trial period ends; or
(ii) the end of the period specified in the exemption; or
(iii) the exemption is revoked,
whichever occurs first.
(5) The Minister may
vary an exemption, or vary, revoke or add a condition of an exemption, for any
reason the Minister thinks fit.
134F—Revocation and suspension of
exemption
(1) The Minister must revoke an exemption if authorisation of the
authorised trial to which the exemption relates is revoked.
(2) The Minister may revoke an exemption if—
(a) the Minister is of the opinion that it is no longer in the public
interest for the authorised trial to which the exemption relates to continue;
or
(b) the person authorised to undertake the trial—
(i) has not complied with a requirement under
section 134H
; or
(ii) has contravened or failed to comply with a condition of the
exemption.
(3) The Minister may suspend the operation of the whole or part of an
exemption if the Minister is of the opinion that it is appropriate to do
so.
(4) A revocation or suspension—
(a) must be by notice in writing served personally on the person
authorised to undertake the trial, or a person nominated by him or her;
and
(b) must be published on a website determined by the Minister (however a
failure to comply with this paragraph will not, of itself, invalidate the
revocation or suspension); and
(c) has effect from the day or time specified in the notice and, in the
case of a suspension, remains in force for the period specified in the
notice.
(5) If the Minister suspends the operation of an exemption, the Minister
may, by notice in the Gazette, vary the authorisation notice in respect of the
trial as the Minister thinks fit (including, to avoid doubt, by extending the
authorised trial period).
134G—Offence to contravene etc condition of
exemption
(1) A person who
contravenes or fails to comply with a condition of an exemption is guilty of an
offence
Maximum penalty: $2 500.
(2) If a person
contravenes or fails to comply with a condition of an exemption, the exemption
does not, while the contravention or non-compliance continues, operate in that
person's favour.
(3) If, by virtue of
subsection (2)
, a person is guilty of an offence against the provision of this or any
other Act, law or standard from which the person was exempted by an exemption,
the person may be proceeded against either for that offence or for an offence
against
subsection (1)
.
134H—Requirement for insurance
A person authorised to undertake an authorised trial must ensure that there
is in force at all times during the authorised trial period—
(a) a policy of public liability insurance indemnifying the owner and any
authorised driver or operator of the vehicle in an amount not less than the
amount specified by the Minister in relation to the trial in relation to death
or bodily injury caused by, or arising out of, the use of the vehicle on a road;
and
(b) a policy of public liability insurance indemnifying the owner and any
authorised driver or operator of the vehicle in an amount not less than the
amount specified by the Minister in relation to the trial in relation to damage
to property caused by, or arising out of, the use of the vehicle on a road;
and
(c) any other policy of insurance that the Minister may reasonably require
in relation to the trial.
134I—Offence to hinder authorised trial or
interfere with equipment
(1) A person who,
without reasonable excuse—
(a) hinders or obstructs the undertaking of an authorised trial;
or
(b) interferes with any equipment or device relating to an authorised
trial,
is guilty of an offence.
Maximum penalty: $10 000.
(2) In proceedings for an offence against
subsection (1)
, it is a defence for the defendant to prove that he or she did not know,
and could not reasonably have been expected to have known, that the activity
allegedly constituting the offence would, in fact, hinder or obstruct the
undertaking of an authorised trial, or constitute interference with equipment or
a device (as the case requires).
(3) Without limiting the ways in which a person can interfere with
equipment or a device, a person will be taken to interfere with equipment or a
device if the person interferes with an electronic signal being sent to, or
from, the equipment or device.
134J—Immunity relating to official powers or
functions
(1) This section applies to the same persons as section 74 of the
Public
Sector Act 2009
.
(2) Subject to this
Act, no civil liability attaches to a person to whom this section applies for an
act or omission done in good faith and without negligence in relation to an
authorised trial.
(3) An action that would, but for
subsection (2)
, lie against a person lies instead against the Crown, except in the case
of a member of a body corporate or the governing body of a body corporate or a
person employed or appointed by, or a delegate of, a body corporate, in which
case it lies instead against the body corporate.
(4) This section
does not prejudice rights of action of the Crown or a public sector agency in
respect of an act or omission of a person not in good faith.
134K—Commencement of
prosecutions
(1) A prosecution for an offence against this or any other Act that
relates to an authorised trial must not be commenced without the consent
of—
(a) in the case of an offence against this Act or any other Act for which
the Minister is responsible—the Minister; or
(b) in the case of an offence against an Act for which another Minister is
responsible—that Minister.
(2) In proceedings for an offence against this or any other Act, a
document apparently signed by a Minister stating that the Minister consents to a
particular prosecution will be accepted, in the absence of proof to the
contrary, as proof of that consent.
134L—Confidentiality
Without limiting
section 134D
, the Minister must (unless he or she considers it inappropriate to do so)
take reasonable steps to prevent information—
(a) that is commercially sensitive in nature; and
(b) that is the subject of a request to the Minister by a person connected
with an authorised trial or a proposed trial for the information to be kept
confidential,
from being published or otherwise made public under this Part.
134M—Report to Parliament
(1) The Minister must, within 6 months after the completion of an
authorised trial, prepare a report in relation to the authorised
trial.
(2) A report must contain the information required by the regulations in
relation to the authorised trial to which the report relates.
(3) The Minister must cause a copy of a report under this section to be
laid before both Houses of Parliament within 12 sitting days after his or her
receipt of the report.