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
Statutes Amendment (Transport Portfolio)
Bill 2008
A BILL FOR
An Act to amend the Harbors and Navigation Act 1993, the
Motor Vehicles Act 1959, the Passenger Transport
Act 1994 and the Road Traffic Act 1961.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Harbors and Navigation
Act 1993
4 Amendment of section 65A—Requirement to have
emergency position indicating radio beacon
Part 3—Amendment of Motor Vehicles
Act 1959
5 Amendment of section 9—Duty to
register
6 Amendment of section 38A—Reduced fees for certain concession
card holders
7 Amendment of section 38AB—Registration fees for trailers
owned by certain concession card holders
8 Amendment of section
43A—Temporary configuration certificate for heavy vehicle
9 Amendment
of section 47—Duty to carry number plates
10 Amendment of section
47A—Classes of number plates and agreements for allotment of
numbers
11 Amendment of section 47B—Issue of number
plates
12 Amendment of section 47C—Return or recovery of number
plates
13 Amendment of section 47D—Offences in connection with number
plates
14 Amendment of section 55C—Action following disqualification or
suspension outside State
15 Substitution of section
56
56 Duty of transferor on transfer of
vehicle
16 Amendment of section 57—Duty of transferee on
transfer of vehicle
17 Substitution of section
57A
57A Power of Registrar to record change of ownership of
motor vehicle
18 Amendment of section 102—Duty to insure against
third party risks
19 Amendment of section 136—Duty to notify change of
name, address etc
20 Amendment of section
139D—Confidentiality
21 Amendment of section 142A—Evidence of
ownership of motor vehicle
Part 4—Amendment of Passenger Transport
Act 1994
22 Amendment of section 28—Accreditation of
drivers
23 Amendment of section 31—Conditions
24 Amendment of
section 54—Inspections
25 Amendment of Schedule
1—Regulations
Part 5—Amendment of Road Traffic
Act 1961
26 Amendment of section
5—Interpretation
27 Amendment of section 45A—Excessive
speed
28 Amendment of section 79B—Provisions applying where certain
offences are detected by photographic detection devices
29 Amendment of
section 110AAB—Driving hours
30 Amendment of section
110C—Offences
31 Amendment of section
163L—Definition
32 Amendment of section
175—Evidence
33 Amendment of section 176—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Transport Portfolio)
Act 2008.
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 Harbors and Navigation
Act 1993
4—Amendment of
section 65A—Requirement to have emergency position indicating radio
beacon
Section 65A(1)—delete "that is in good working order" and
substitute:
that complies with the requirements specified by the regulations
Part 3—Amendment
of Motor Vehicles
Act 1959
5—Amendment of
section 9—Duty to register
(1) Section 9(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $2 500.
(2) Section 9(3), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $2 500.
6—Amendment of
section 38A—Reduced fees for certain concession card
holders
Section 38A(1)(a)(i)—delete "Department of Human Services" and
substitute:
Department for Families and Communities
7—Amendment of
section 38AB—Registration fees for trailers owned by certain concession
card holders
Section 38AB(1)(a)(i)—delete "Department of Human Services" and
substitute:
Department for Families and Communities
8—Amendment of
section 43A—Temporary configuration certificate for heavy
vehicle
Section 43A(3), penalty provision—delete "$750" and
substitute:
$2 500
9—Amendment of
section 47—Duty to carry number plates
(1) Section 47(1), penalty provision—delete "$250" and
substitute:
$5 000
(2) Section 47(1a), penalty provision—delete "$250" and
substitute:
$5 000
10—Amendment of
section 47A—Classes of number plates and agreements for allotment of
numbers
Section 47A(7), penalty provision—delete "$250" and
substitute:
$5 000
11—Amendment of
section 47B—Issue of number plates
Section 47B(2), penalty provision—delete "$250" and
substitute:
$5 000
12—Amendment of
section 47C—Return or recovery of number plates
(1) Section 47C(2)—delete "The" and substitute:
Subject to the regulations, the
(2) Section 47C(3), penalty provision—delete "$250" and
substitute:
$5 000
(3) Section 47C(4)—delete "If" and substitute:
Subject to the regulations, if
13—Amendment of
section 47D—Offences in connection with number plates
(1) Section 47D(1), penalty provision—delete "$250" and
substitute:
$5 000
(2) Section 47D(2), penalty provision—delete "$250" and
substitute:
$5 000
14—Amendment of
section 55C—Action following disqualification or suspension outside
State
Section 55C(2)—delete "person is the registered operator of the motor
vehicle" and substitute:
motor vehicle is registered
Section 56—delete the section and substitute:
56—Duty of transferor on transfer of
vehicle
If the ownership of a motor vehicle is transferred (whether on a sale or
other transaction) at any time during the currency of its registration, the
transferor must either—
(a) make application for cancellation of the registration within
7 days after the transfer; or
(b) do the following:
(i) within 7 days after the transfer—
(A) give to the transferee the current certificate of registration or a
current duplicate certificate of registration issued to the transferor in
respect of the vehicle; and
(B) sign an application, in a form determined by the Minister, to transfer
the registration of the vehicle; and
(C) sign or cause to be signed by a person acting on behalf of the
transferor, in the presence of the transferee or a person acting on behalf of
the transferee, a notice, in a form determined by the Minister, of the transfer
of ownership of the vehicle;
(ii) within 14 days after the transfer, lodge with the Registrar the
notice referred to in subparagraph (i)(C).
Maximum penalty: $1 250.
16—Amendment of
section 57—Duty of transferee on transfer of vehicle
(1) Section 57(1)—delete "section 56(b)(iii)" and
substitute:
section 56(b)(i)(C)
(2) Section 57(1), penalty provision—delete "$250" and
substitute:
$1 250
(3) Section 57(2)—delete "deliver to" and substitute:
lodge with
(4) Section 57(2), penalty provision—delete "$250" and
substitute:
$1 250
(5) Section 57—after subsection (2) insert:
(2a) If the transferee fails to lodge an application required under
subsection (2) within 14 days after the transfer of the vehicle, the
Registrar may refuse to enter into any transaction with the transferee until
such an application is lodged.
17—Substitution of
section 57A
Section 57A—delete the section and substitute:
57A—Power of Registrar to record change of
ownership of motor vehicle
If application to transfer the registration of a motor vehicle has not been
made but—
(a) a notice under section 56(b)(i)(C) has been lodged with the Registrar
in relation to the vehicle; or
(b) the Registrar is satisfied on the basis of other evidence that the
ownership of the vehicle has been transferred to a particular person,
the Registrar may, without registering the vehicle in the name of the
transferee, record on the register the transferee as the owner of the
vehicle.
18—Amendment of
section 102—Duty to insure against third party risks
(1) Section 102(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $5 000.
(2) Section 102(2), penalty provision—delete "$2 500" and
substitute:
$5 000
19—Amendment of
section 136—Duty to notify change of name, address
etc
Section 136—delete "$250" wherever occurring and substitute in each
case:
$1 250
20—Amendment of
section 139D—Confidentiality
Section 139D(1)(f)—delete "approved by the Minister" and
substitute:
prescribed by the regulations
21—Amendment of
section 142A—Evidence of ownership of motor vehicle
Section 142A—delete "section 56(b)(iii)" and substitute:
section 56(b)(i)(C)
Part 4—Amendment
of Passenger Transport
Act 1994
22—Amendment of
section 28—Accreditation of drivers
Section 28(1)—after the penalty provision insert:
Expiation fee: $315.
23—Amendment of
section 31—Conditions
Section 31(7)—after the penalty provision insert:
Expiation fee: In the case of an accreditation under Division
2—$210.
24—Amendment of
section 54—Inspections
Section 54(18)—after the penalty provision insert:
Expiation fee: $210.
25—Amendment of
Schedule 1—Regulations
Schedule 1—after item 50 insert:
51 The fixing of expiation fees, not
exceeding $500, for alleged offences against the regulations.
Part 5—Amendment
of Road Traffic
Act 1961
26—Amendment of
section 5—Interpretation
(1) Section 5(1), definitions of registered operator and
registered owner—delete the definitions and
substitute:
registered operator of a vehicle means—
(a) in the case of a vehicle other than a combination but including a
vehicle in a combination—the person registered or recorded as the operator
of the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles
Act 1959 or by another Australian Authority on a register maintained
under an Australian road law; or
(b) in the case of a combination—the person registered or recorded
as the operator of the towing vehicle in the combination by the Registrar of
Motor Vehicles under the Motor Vehicles Act 1959 or by another
Australian Authority on a register maintained under an Australian road
law;
registered owner of a vehicle means—
(a) in the case of a vehicle other than a combination but including a
vehicle in a combination—a person registered or recorded as an owner of
the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles
Act 1959 or by another Australian Authority on a register maintained
under an Australian road law; or
(b) in the case of a combination—a person registered or recorded as
an owner of the towing vehicle in the combination by the Registrar of Motor
Vehicles under the Motor Vehicles Act 1959 or by another Australian
Authority on a register maintained under an Australian road law;
(2) Section 5(1), definition of road-related area,
(d)—delete "motor" wherever occurring
(3) Section 5(1), definition of unladen mass—delete ",
prescribed accessories"
27—Amendment of
section 45A—Excessive speed
Section 45A(1), expiation fee provision—delete the expiation fee
provision
28—Amendment of
section 79B—Provisions applying where certain offences are detected by
photographic detection devices
(1) Section 79B(1)—after the definition of owner
insert:
owner registration offence means an offence against
subsection (2) constituted of being the owner of a vehicle that appears from
evidence obtained through the operation of a photographic detection device to
have been involved in the commission of a registration offence;
(2) Section 79B(1), definition of prescribed
offence—delete the definition and substitute:
prescribed offence means—
(a) an offence against section 45A; or
(b) an offence against a prescribed provision of this Act; or
(c) a registration offence; or
(d) an offence against a prescribed provision of the Motor Vehicles
Act 1959;
(3) Section 79B(1)—after the definition of red light
offence insert:
registration of a motor vehicle means registration of the
vehicle under the Motor Vehicles Act 1959;
registration offence means—
(a) an offence against section 9(1) of the Motor Vehicles
Act 1959 constituted of driving an unregistered motor vehicle on a
road; or
(b) an offence against section 102(1) of the Motor Vehicles
Act 1959 constituted of driving an uninsured motor vehicle on a
road;
(4) Section 79B(1)—after the definition of speeding
offence insert:
uninsured motor vehicle means a motor vehicle in relation to
which no policy of insurance as required by Part 4 of the Motor Vehicles
Act 1959 is in force;
unregistered motor vehicle means a motor vehicle without
registration in force under the Motor Vehicles Act 1959.
(5) Section 79B—after subsection (2b) insert:
(2c) If—
(a) the registration of a motor vehicle has expired; and
(b) the owner of the vehicle is given an expiation notice for an owner
registration offence involving the vehicle (the first owner registration
offence); and
(c) the vehicle was last registered in the name of that owner;
and
(d) since the vehicle was last registered, that owner has not been charged
with, or been given an expiation notice for, a registration offence involving
that vehicle,
the first owner registration offence subsumes all other owner registration
offences involving that vehicle and committed by that owner within 7 days of the
date of the commission of the first owner registration offence.
(2d) However, if within 7 days of the date of the commission of the first
owner registration offence, the owner is charged with, or given an expiation
notice for, a registration offence involving the same vehicle, any owner
registration offences involving that vehicle and committed by that owner after
the commission of the registration offence are not subsumed by the first owner
registration offence.
(6) Section 79B(4)—delete "an offence" and substitute:
an expiable offence
(7) Section 79B—after subsection (4) insert:
(4a) Subsection (4) does not apply in relation to an owner registration
offence if—
(a) the owner of the vehicle involved in the offence has, within the
immediately preceding period of 5 years, expiated or been found guilty of
an owner registration offence; or
(b) there is in operation an order under section 70F of the Criminal
Law (Sentencing) Act 1988 restricting the owner of the vehicle involved
in the offence from transacting any business with the Registrar of Motor
Vehicles.
29—Amendment of
section 110AAB—Driving hours
Section 110AAB(2)(f)—delete "inspectors" and substitute:
authorised officers
30—Amendment of
section 110C—Offences
(1) Section 110C(2), expiation fee provision—delete the expiation
fee provision
(2) Section 110C(3), expiation fee provision—delete the expiation
fee provision
31—Amendment of
section 163L—Definition
Section 163L, definition of approved officer—delete the
definition and substitute:
approved officer means—
(a) an authorised officer, or an authorised officer of a class, for the
time being nominated by the Minister as an approved officer for the purposes of
this Division; or
(b) a police officer, or a police officer of a class, for the time being
nominated by the Commissioner of Police as an approved officer for the purposes
of this Division.
32—Amendment of
section 175—Evidence
(1) Section 175(3)(a)—delete "a police officer or an inspector" and
substitute:
an authorised officer or a police officer
(2) Section 175(3)(ab)—delete "this Act" and substitute:
the regulations
(3) Section 175(3)(ac)—delete "this Act" and substitute:
the regulations
33—Amendment of
section 176—Regulations
Section 176(2)—delete subsection (2)