South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Owner Offences) Amendment
Bill 2010
A BILL FOR
An Act to amend the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Road Traffic
Act 1961
3Amendment of section 79B—Provisions
applying where certain offences are detected by photographic detection
devices
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Owner Offences) Amendment
Act 2010.
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 Road Traffic
Act 1961
3—Amendment
of section 79B—Provisions applying where certain offences are detected by
photographic detection devices
Section 79B—after subsection (2a) insert:
(2ab) Subject to
subsection (2ac),
if a natural person is guilty of an offence against this section and the person
proves, either by statutory declaration provided to the Commissioner of Police
or in proceedings before a court, that at the time of the
offence—
(a) he or she was not driving the vehicle; and
(b) the vehicle was being used for business purposes,
then the following provisions apply:
(c) if the person has
not elected to be prosecuted—
(i) the Commissioner of Police must withdraw the expiation notice given to
the person in relation to the offence; and
(ii) a police officer
must give a new expiation notice to the person in relation to the offence and
the expiation fee is the fee that would be applicable to such an offence under
subsection (2a) where the owner is a body corporate; and
(iii) no notice may be issued to the person under section 45B in
respect of the expiation notice referred to in
subparagraph (ii);
(d) the maximum penalty for the offence is—
(i) if the vehicle appears to have been involved in a red light offence
and a speeding offence arising out of the same incident—$4 000;
or
(ii) in any other case—$2 000;
(e) despite a provision of the Motor
Vehicles Act 1959, no demerit points are incurred by the person in
relation to the offence;
(f) subsection (2b) does not apply in relation to the offence.
(2ac)
Subsection (2ab)
does not apply in relation to an offence against this section
if—
(a) the expiation fee, or an instalment, in respect of the original
expiation notice given to the owner in relation to the offence has been paid;
or
(b) an enforcement order has been made under the Expiation
of Offences Act 1996 in relation to the original expiation notice
given to the owner for the offence.