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ROAD SAFETY AMENDMENT (HOON DRIVING AND OTHER MATTERS) BILL 2011

                 PARLIAMENT OF VICTORIA

Road Safety Amendment (Hoon Driving and Other
              Matters) Bill 2011



                      TABLE OF PROVISIONS
Clause                                                                 Page

PART 1--PRELIMINARY                                                       1
  1      Purposes                                                         1
  2      Commencement                                                     2

PART 2--AMENDMENT OF THE ROAD SAFETY AMENDMENT
(HOON DRIVING) ACT 2010                                                   3
  3      Definitions                                                      3
  4      Repeal of sections 18 and 20                                     3
  5      Amendment of section 29                                          3
  6      Application of proceeds of sale                                  4
  7      Repeal of sections 35 and 37                                     4

PART 3--AMENDMENT OF THE ROAD SAFETY ACT 1986                             5
  8      Breath analysing instruments                                     5
  9      Improper use of motor vehicle                                    5
  10     Speed trials                                                     7
  11     Insertion of definitions                                         7
  12     Period in which relevant offences can be taken into account      8
  13     New section 84TA inserted                                        8
         84TA Application to register financing statement after
                   impoundment or immobilisation order or forfeiture
                   order                                                  8
  14     New section 84WA inserted                                        9
         84WA Application to register financing statement after
                   serving notice of application                          9
  15     New sections 84ZQB and 84ZQC inserted                            9
         84ZQB Application to register financing statement after
                   giving notice of intention to sell etc.                9
         84ZQC Application to register financing statement if motor
                   vehicle vests in Crown                                10
  16     New section 84ZUA inserted                                      11
  17     New section 84ZWA inserted                                      11




571022B.I-24/5/2011                   i      BILL LA INTRODUCTION 24/5/2011

 


 

Clause Page 18 New Division 6 inserted in Part 6A 12 Division 6--Inspection of impounded, immobilised or forfeited motor vehicles 12 84ZY Power to inspect motor vehicles 12 19 Disqualification for drug-driving infringement 13 20 New section 103ZD inserted 13 103ZD Transitional provision--Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 13 21 Statute law revision 16 PART 4--AMENDMENT OF THE POLICE REGULATION ACT 1958 17 22 Disclosure of information 17 23 Statute law revision 17 PART 5--REPEAL 18 24 Repeal of amending Act 18 ENDNOTES 19 571022B.I-24/5/2011 ii BILL LA INTRODUCTION 24/5/2011

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 A Bill for an Act to amend the Road Safety Act 1986, the Road Safety Amendment (Hoon Driving) Act 2010, the Police Regulation Act 1958 and other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Road Safety Act 1986 and the 5 Road Safety Amendment (Hoon Driving) Act 2010 in relation to impoundment, immobilisation and forfeiture of motor vehicles, loss of traction offences, speed trial offences, breath analysing instruments and 10 drug-driving infringements; and 571022B.I-24/5/2011 1 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 1--Preliminary s. 2 (b) to amend the Police Regulation Act 1958 to facilitate the disclosure of information required for financing statements and financing change statements under Part 6A 5 of the Road Safety Act 1986; and (c) to make minor amendments of a statute law revision nature. 2 Commencement (1) This Part comes into operation on the day on 10 which this Act receives the Royal Assent. (2) Section 23 is taken to have come into operation on 30 June 2010. (3) Section 8 comes into operation on 1 July 2011. (4) Subject to subsection (5), sections 11, 13, 14, 15, 15 16, 17 and 22 come into operation on a day to be proclaimed. (5) If a provision referred to in subsection (4) does not come into operation before 1 February 2012, it comes into operation on that day. 20 (6) Subject to subsection (7), section 12 comes into operation on a day to be proclaimed. (7) If section 12 does not come in operation before 1 July 2012, it comes into operation on that day. (8) The remaining provisions of this Act come into 25 operation on the day after the day on which this Act receives the Royal Assent. __________________ 571022B.I-24/5/2011 2 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 2--Amendment of the Road Safety Amendment (Hoon Driving) Act s. 3 2010 PART 2--AMENDMENT OF THE ROAD SAFETY AMENDMENT (HOON DRIVING) ACT 2010 3 Definitions (1) In section 4(1)(a) of the Road Safety See: Act No. 5 Amendment (Hoon Driving) Act 2010, for 76/2010. "14 days" substitute "30 days". Statute Book: www. legislation. (2) In section 4(1)(c) of the Road Safety vic.gov.au Amendment (Hoon Driving) Act 2010, in the definition of tier 2 relevant offence, after 10 paragraph (i) insert-- "(j) an offence against rule 265(3), 266(1), 268(4A) or 268(4B) of the Road Rules in circumstances where the number of passengers in the motor vehicle exceeds the 15 number of seats available to them in the motor vehicle;". 4 Repeal of sections 18 and 20 Sections 18 and 20 of the Road Safety Amendment (Hoon Driving) Act 2010 are 20 repealed. 5 Amendment of section 29 (1) For the heading to section 29 of the Road Safety Amendment (Hoon Driving) Act 2010 substitute-- 25 "New section 84ZQA inserted". (2) In section 29 of the Road Safety Amendment (Hoon Driving) Act 2010-- (a) in proposed section 84ZQA(3) of the Road Safety Act 1986, for "expired." substitute 30 'expired.".'; and (b) proposed sections 84ZQB and 84ZQC of the Road Safety Act 1986 are repealed. 571022B.I-24/5/2011 3 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 2--Amendment of the Road Safety Amendment (Hoon Driving) Act s. 6 2010 6 Application of proceeds of sale In section 32 of the Road Safety Amendment (Hoon Driving) Act 2010-- (a) after "before" insert "the motor vehicle 5 vested in the Crown or"; and (b) after "took effect" insert "(as the case requires)". 7 Repeal of sections 35 and 37 Sections 35 and 37 of the Road Safety 10 Amendment (Hoon Driving) Act 2010 are repealed. __________________ 571022B.I-24/5/2011 4 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 8 PART 3--AMENDMENT OF THE ROAD SAFETY ACT 1986 8 Breath analysing instruments (1) In section 3(1) of the Road Safety Act 1986, in See: Act No. the definition of breath analysing instrument, 127/1986. 5 after paragraph (a) insert-- Reprint No. 12 as at 5 April 2010 '(ab) the apparatus known as the Alcotest 9510 and AUS to which a plate is attached on which amending Act Nos there is written, inscribed or impressed the 19/1991, numbers "8320869" whether with or without 13/2009, 10 other expressions or abbreviations of 93/2009, 6/2010, expressions, commas, full stops, hyphens or 13/2010, 19/2010, other punctuation marks and whether or not 29/2010, all or any of the numbers are boxed in; or'. 30/2010, 45/2010, (2) In section 58(5) of the Road Safety Act 1986, for 63/2010, 74/2010, 15 'the expressions "Alcotest 7110" and "3530791" ' 75/2010, substitute-- 76/2010 and 77/2010. 'the expressions-- LawToday: www. legislation. (a) "Alcotest 7110" and "3530791"; or vic.gov.au (b) "Alcotest 9510 AUS" and "8320869"--'. 20 9 Improper use of motor vehicle (1) After section 65A(2) of the Road Safety Act 1986 insert-- "(2A) Subsection (1) does not apply to a person who drives a motor vehicle in the manner 25 described in subsection (1) on land other than a highway in the course of-- (a) an event or function that-- (i) is conducted at a motor sport venue; and 30 (ii) is authorised by the operator of the venue; or 571022B.I-24/5/2011 5 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 9 (b) an event or function that-- (i) is organised, conducted or sanctioned by a motoring organisation; and 5 (ii) is conducted in accordance with the rules of conduct of the motoring organisation; or (c) driver training that-- (i) is supervised by a person for 10 financial gain or in the course of any trade or business; and (ii) is conducted at a venue designed, or primarily used, for driver training or at a motor sport venue; 15 or (d) vehicle testing by, or authorised by, a manufacturer of vehicles or vehicle components; or (e) training activities of Victoria Police. 20 (2B) In subsection (2A)-- motor sport venue means a permanent venue for motor sports that-- (a) has a permanent track; and (b) is used for 2 or more motor sport 25 events or functions each year; and (c) is on land the use of which for motor sports and any development associated with that use is lawful. Examples 30 1 Calder Park Raceway. 2 Sandown Motor Raceway. 3 Winton Motor Raceway. 571022B.I-24/5/2011 6 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 10 (2C) Subsection (2A) does not affect any requirement made by or under any other Act.". (2) In section 65A(3) of the Road Safety Act 1986-- 5 (a) in paragraph (b), for "declaration." substitute "declaration; or"; and (b) after paragraph (b) insert-- "(c) while the persons are participating in an activity, event or function, or a class of 10 activities, events or functions, specified in the declaration.". (3) In section 65A(5)(b) of the Road Safety Act 1986, for "organised and conducted by" substitute "sanctioned, or organised and 15 conducted, by". 10 Speed trials In section 68(4) of the Road Safety Act 1986, for "organised and conducted by" substitute "sanctioned, or organised and conducted, by". 20 11 Insertion of definitions In section 84C(1) of the Road Safety Act 1986 insert the following definitions-- "Commonwealth Act means the Personal Property Securities Act 2009 of the Commonwealth; 25 Commonwealth Registrar means the Registrar of Personal Property Securities appointed under the Commonwealth Act; financing change statement has the same meaning as in the Commonwealth Act; 30 financing statement has the same meaning as in the Commonwealth Act;". 571022B.I-24/5/2011 7 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 12 12 Period in which relevant offences can be taken into account (1) In section 84S(1)(b) of the Road Safety Act 1986, for "3 years" substitute "6 years". 5 (2) In section 84T(1) of the Road Safety Act 1986, for "3 years" (wherever occurring) substitute "6 years". (3) In section 84U(1)(b) of the Road Safety Act 1986, for "3 years" substitute "6 years". 10 13 New section 84TA inserted After section 84T of the Road Safety Act 1986 insert-- "84TA Application to register financing statement after impoundment or 15 immobilisation order or forfeiture order (1) As soon as practicable after an impoundment or immobilisation order under section 84S or a forfeiture order under section 84T is made, the Chief Commissioner of Police must 20 apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the 25 subject of the order. Note A financing statement includes a statement of the reason why the property is registered. (2) The Corporation may apply to register a 30 financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.". 571022B.I-24/5/2011 8 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 14 14 New section 84WA inserted After section 84W of the Road Safety Act 1986 insert-- "84WA Application to register financing 5 statement after serving notice of application (1) As soon as practicable after serving notice under section 84W(1) of an intended application, the Chief Commissioner of 10 Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor 15 vehicle that is the subject of the intended application. Note A financing statement includes a statement of the reason why the property is registered. 20 (2) The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.". 15 New sections 84ZQB and 84ZQC inserted 25 After section 84ZQA of the Road Safety Act 1986 insert-- "84ZQB Application to register financing statement after giving notice of intention to sell etc. 30 (1) As soon as practicable after giving notice under section 84ZQA(1) of an intention to sell or otherwise dispose of a motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in 35 accordance with the Commonwealth Act, to 571022B.I-24/5/2011 9 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 15 register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle. Note 5 A financing statement includes a statement of the reason why the property is registered. (2) The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of 10 the Chief Commissioner of Police. 84ZQC Application to register financing statement if motor vehicle vests in Crown (1) Within 7 days after a motor vehicle vests in the Crown under section 84ZQ(4), the Chief 15 Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires), in respect of 20 the motor vehicle. Note A financing statement includes a statement of the reason why the property is registered. (2) The Corporation may apply to register a 25 financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.". 571022B.I-24/5/2011 10 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 16 16 New section 84ZUA inserted After section 84ZU of the Road Safety Act 1986 insert-- "84ZUA Application to register financing 5 statement after giving notice of application for disposal order (1) As soon as practicable after giving notice under section 84ZU(1) of an intention to make application for a disposal order for a 10 motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement 15 (as the case requires) in respect of the motor vehicle. Note A financing statement includes a statement of the reason why the property is registered. 20 (2) The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.". 17 New section 84ZWA inserted 25 After section 84ZW of the Road Safety Act 1986 insert-- "84ZWA Application to register financing statement after making of disposal order (1) Within 7 days after the making of a disposal 30 order under section 84ZW, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change 35 statement (as the case requires) in respect of 571022B.I-24/5/2011 11 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 18 the motor vehicle that is the subject of the order. Note A financing statement includes a statement of the 5 reason why the property is registered. (2) The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.". 10 18 New Division 6 inserted in Part 6A After Division 5 of Part 6A of the Road Safety Act 1986 insert-- "Division 6--Inspection of impounded, immobilised or forfeited motor vehicles 15 84ZY Power to inspect motor vehicles (1) A member of the police force or a person referred to in section 13(6) may inspect at any reasonable time a motor vehicle that has been impounded, immobilised or forfeited 20 under this Part if the member or person believes on reasonable grounds that the motor vehicle does not comply with this Act or the regulations. (2) An inspection may include any tests which 25 the inspecting member of the police force or person considers appropriate. (3) If, on inspecting a motor vehicle, a member of the police force or a person referred to in section 13(6) discovers that the motor 30 vehicle does not comply with this Act or the regulations, the member or person may take any action under section 14.". 571022B.I-24/5/2011 12 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 19 19 Disqualification for drug-driving infringement In section 89D(1A) of the Road Safety Act 1986, after "excessive speed infringement" insert "or a drug-driving infringement". 5 20 New section 103ZD inserted After section 103ZC of the Road Safety Act 1986 insert-- "103ZD Transitional provision--Road Safety Amendment (Hoon Driving and Other 10 Matters) Act 2011 (1) Sections 84S, 84T and 84U as amended by section 12 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 apply to-- 15 (a) previous relevant offences committed on or after the commencement of section 12 of that Act; and (b) previous relevant offences committed before the commencement of section 12 20 of that Act if the most recent relevant offence is alleged to have been committed on or after the commencement of section 12 of that Act. 25 (2) For the purposes of subsection (1), if a relevant offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 12 of the Road Safety Amendment (Hoon 30 Driving and Other Matters) Act 2011, the relevant offence is alleged to have been committed before the commencement of section 12 of that Act. 571022B.I-24/5/2011 13 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 20 (3) Section 84TA as inserted by section 13 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to an impoundment or 5 immobilisation order or a forfeiture order made on or after the commencement of section 13 of that Act, irrespective of when the offence is alleged to have been committed. 10 (4) Section 84WA as inserted by section 14 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84W(1) served on or after the commencement of 15 section 14 of that Act, irrespective of when the offence is alleged to have been committed. (5) Section 84ZQB as inserted by section 15 of the Road Safety Amendment (Hoon 20 Driving and Other Matters) Act 2011 applies to a notice under section 84ZQA(1) given on or after the commencement of section 15 of that Act, irrespective of when the offence is alleged to have been 25 committed. (6) Section 84ZQC as inserted by section 15 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to the vesting of a motor vehicle 30 under section 84ZQ(4) on or after the commencement of section 15 of that Act, irrespective of when the offence is alleged to have been committed. (7) Section 84ZUA as inserted by section 16 of 35 the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84ZU(1) 571022B.I-24/5/2011 14 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 20 given on or after the commencement of section 16 of that Act, irrespective of when the offence is alleged to have been committed. 5 (8) Section 84ZWA as inserted by section 17 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a disposal order made on or after the commencement of section 17 of that Act, 10 irrespective of when the offence is alleged to have been committed. (9) Section 84ZY as inserted by section 18 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 15 applies to any motor vehicle that is subject to impoundment, immobilisation or forfeiture on or after the commencement of section 18 of that Act, irrespective of when impoundment, immobilisation or forfeiture 20 occurred. (10) Section 89D(1A) as amended by section 19 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a drug-driving infringement 25 alleged to have been committed on or after the commencement of section 19 of that Act. (11) For the purposes of subsection (10), if a drug-driving infringement is alleged to have been committed between 2 dates, one before 30 and one after the commencement of section 19 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011, the drug-driving infringement is alleged to have been committed before the 35 commencement of section 19 of that Act.". 571022B.I-24/5/2011 15 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 3--Amendment of the Road Safety Act 1986 s. 21 21 Statute law revision (1) In the heading to section 29 of the Road Safety Act 1986, for "Magistrate's Court" substitute "Magistrates' Court". 5 See: Act No. (2) In section 5 of the Road Legislation 75/2010. Miscellaneous Amendments Act 2010, in Statute Book: proposed section 62(1A) of the Melbourne City www. legislation. Link Act 1995, before "Roads Corporation" vic.gov.au (wherever occurring) insert "the". __________________ 571022B.I-24/5/2011 16 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 4--Amendment of the Police Regulation Act 1958 s. 22 PART 4--AMENDMENT OF THE POLICE REGULATION ACT 1958 22 Disclosure of information After section 127A(1F) of the Police Regulation See: Act No. 5 Act 1958 insert-- 6338. Reprint No. 13 "(1G) Subsection (1) does not prevent a member of as at 27 May 2010 police personnel acting on behalf of the and Chief Commissioner of Police from amending Act Nos accessing or disclosing to the Registrar of 1/2010, 10 Personal Property Securities appointed under 13/2010, 40/2010, the Personal Property Securities Act 2009 of 53/2010, the Commonwealth information required to 63/2010 and 2/2011. apply for registration of a financing LawToday: statement or a financing change statement www. 15 under that Act in the performance of duties legislation. vic.gov.au of the Chief Commissioner under Part 6A of the Road Safety Act 1986.". 23 Statute law revision In section 43(4) of the Superannuation See: Act No. 20 Legislation Amendment Act 2010, for "Part III" 40/2010. substitute "Part II". Statute Book: www. legislation. vic.gov.au __________________ 571022B.I-24/5/2011 17 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Part 5--Repeal s. 24 PART 5--REPEAL 24 Repeal of amending Act This Act is repealed on 1 July 2013. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 984). 571022B.I-24/5/2011 18 BILL LA INTRODUCTION 24/5/2011

 


 

Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571022B.I-24/5/2011 19 BILL LA INTRODUCTION 24/5/2011

 


 

 


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