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PARLIAMENT OF VICTORIA
Road Safety Amendment (Hoon Driving) Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
3 Principal Act 3
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 4
4 Definitions 4
5 Section 84E substituted 7
84E Meaning of second or subsequent offence 7
6 Powers of Victoria Police 8
7 Seizure of motor vehicle 8
8 New sections 84GA and 84GB inserted 9
84GA Search for motor vehicle 9
84GB Direction to provide location of motor vehicle 10
9 Surrender of motor vehicle 12
10 Impoundment or immobilisation of a motor vehicle 12
11 Powers of persons authorised by Victoria Police 12
12 Content of notice 12
13 Appeal rights 13
14 Offences 14
15 New section 84QA inserted 14
84QA How motor vehicle immobilised by steering wheel
lock may be recovered 14
16 Impoundment or immobilisation order 16
17 Forfeiture order 17
18 New section 84TA inserted 19
84TA Registrar of Personal Property Securities to be notified
of impoundment or immobilisation order or forfeiture
order 19
19 Application for an impoundment or immobilisation order or a
forfeiture order 20
20 New section 84WA inserted 20
84WA Registrar of Personal Property Securities to be notified
of application 20
21 Notice where 2 or more offences charged 21
561524B.I-31/8/2010 i BILL LA INTRODUCTION 31/8/2010
Clause Page
22 Direction not to transfer registration or register motor vehicle 21
23 Hearing of application 22
24 Application for variation of order 24
25 New sections 84ZAB and 84ZAC inserted 27
84ZAB Interest in motor vehicle not to be transferred 27
84ZAC Breach of undertaking 27
26 Police powers 29
27 Search and seizure warrant 29
28 Sale or disposal of uncollected motor vehicles and items 30
29 New sections 84ZQA to 84ZQC inserted 31
84ZQA Notice to be given of intention to sell or dispose 31
84ZQB Registrar of Personal Property Securities to be
notified of intention to sell or dispose 32
84ZQC Registrar of Personal Property Securities to be
notified if vehicle vests in Crown 32
30 Sale or disposal of motor vehicle subject to forfeiture order 33
31 New section 84ZRA inserted 34
84ZRA Notice to be given of intention to sell or dispose 34
32 Application of proceeds of sale 35
33 Disposal of motor vehicle, item or thing subject to disposal order 35
34 Notice to be given of intention to apply for disposal order 35
35 New section 84ZUA inserted 35
84ZUA Registrar of Personal Property Securities to be
notified of intention to apply for disposal order 35
36 Hearing of application for and making of disposal order 36
37 New section 84ZWA inserted 37
84ZWA Registrar of Personal Property Securities to be
notified of disposal order 37
38 Application of proceeds of sale 38
39 New section 103ZC inserted 38
103ZC Transitional provision--Road Safety Amendment
(Hoon Driving) Act 2010 38
40 Statute law revision 39
PART 3--AMENDMENT OF MELBOURNE CITY LINK
ACT 1995 40
41 Power to revoke certain declarations of Link road 40
61A Power to revoke certain declarations of Link road 40
42 Power to revoke certain declarations of Extension road 41
93HA Power to revoke certain declarations of Extension road 41
PART 4--REPEAL OF AMENDING ACT 43
43 Repeal of amending Act 43
ENDNOTES 44
561524B.I-31/8/2010 ii BILL LA INTRODUCTION 31/8/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Road Safety Amendment (Hoon
Driving) Bill 2010
A Bill for an Act to amend the Road Safety Act 1986 to make further
provision regarding the impoundment, immobilisation and forfeiture
of motor vehicles, to amend the Melbourne City Link Act 1995 and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Road Safety Act 1986--
5 (i) to strengthen the application of the
motor vehicle impoundment,
immobilisation and forfeiture
provisions in relation to serious
offences; and
561524B.I-31/8/2010 1 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 1--Preliminary
s. 1
(ii) to extend the period for which a motor
vehicle may be impounded or
immobilised; and
(iii) to provide for mandatory impoundment
5 or immobilisation of motor vehicles in
certain circumstances; and
(iv) to provide for immobilisation of a
motor vehicle by the use of a steering
wheel lock; and
10 (v) to provide police with greater powers to
locate a motor vehicle for the purposes
of impoundment, immobilisation or
forfeiture; and
(vi) to limit the ways in which a court may
15 have regard to any exceptional hardship
caused by impoundment,
immobilisation or forfeiture of a motor
vehicle; and
(vii) to provide for the giving of an
20 undertaking as an alternative to
impoundment, immobilisation or
forfeiture of a motor vehicle; and
(viii) to make provision in relation to search
and seizure warrants; and
25 (ix) to provide for the extinguishing of
interests in a motor vehicle that is
forfeited or abandoned after
impoundment in order to facilitate its
sale or disposal; and
30 (x) to make amendments of a statute law
revision nature; and
(b) to amend the Melbourne City Link Act
1995 to insert a power to revoke certain
declarations of roads.
561524B.I-31/8/2010 2 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (other than Part 2) comes into operation
on the day after the day on which it receives the
Royal Assent.
5 (2) Part 2 of this Act comes into operation on 1 July
2011.
3 Principal Act
In this Act, the Road Safety Act 1986 is called See:
Act No.
the Principal Act. 127/1986.
Reprint No. 12
as at
5 April 2010
and
amending
Act Nos
19/1991,
13/2009,
93/2009,
6/2010,
13/2010,
29/2010,
30/2010 and
45/2010.
LawToday:
www.
legislation.
vic.gov.au
__________________
561524B.I-31/8/2010 3 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 4
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
4 Definitions
(1) In section 84C(1) of the Principal Act--
(a) in the definition of designated period, for
5 "48 hours" substitute "7 days";
(b) for the definition of relevant offence
substitute--
"relevant offence means--
(a) a tier 1 relevant offence; or
10 (b) a tier 2 relevant offence;";
(c) insert the following definitions--
"second or subsequent offence has the
meaning given in section 84E;
tier 1 relevant offence means--
15 (a) a second or subsequent offence
against section 18(1) other than an
offence to which section 18(2)
applies;
(b) a second or subsequent offence
20 against section 30(1);
(c) a second or subsequent offence
against section 49(1)(b), (f) or (g)
in circumstances where the
concentration of alcohol--
25 (i) present in the blood of the
person was 0·10 grams or
more per 100 millilitres of
blood; or
561524B.I-31/8/2010 4 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 4
(ii) present in the breath of the
person was 0·10 grams or
more per 210 litres of
exhaled air;
5 (d) a second or subsequent offence
against section 49(1)(bb), (h)
or (i);
(e) an offence against section 65B or
rule 20 of the Road Rules in
10 circumstances where the motor
vehicle is driven--
(i) at 70 kilometres per hour or
more over the applicable
speed limit; or
15 (ii) if the applicable speed limit
is 110 kilometres per hour, at
a speed of 170 kilometres per
hour or more;
(f) an offence against section 64(1) in
20 circumstances where the motor
vehicle is driven--
(i) at 70 kilometres per hour or
more over the applicable
speed limit; or
25 (ii) if the applicable speed limit
is 110 kilometres per hour, at
a speed of 170 kilometres per
hour or more;
tier 2 relevant offence means--
30 (a) an offence against section 64(1)--
(i) in circumstances involving
improper use of a motor
vehicle; or
561524B.I-31/8/2010 5 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 4
(ii) in circumstances where a
motor vehicle is driven at
45 kilometres per hour or
more over the applicable
5 speed limit but under
70 kilometres per hour over
that limit; or
(iii) in circumstances where a
motor vehicle is driven, if
10 the applicable speed limit is
110 kilometres per hour, at a
speed of 145 kilometres per
hour or more but under
170 kilometres per hour;
15 (b) an offence against section 64A(1);
(c) an offence against section 65(1) in
circumstances involving improper
use of a motor vehicle;
(d) an offence against section 65A(1);
20 (e) an offence against section 68(1)
or (2);
(f) an offence against section 68B;
(g) an offence against section 65B or
rule 20 of the Road Rules in
25 circumstances where the motor
vehicle is driven--
(i) at 45 kilometres per hour or
more over the applicable
speed limit but under
30 70 kilometres per hour over
that limit; or
(ii) if the applicable speed limit
is 110 kilometres per hour, at
a speed of 145 kilometres
561524B.I-31/8/2010 6 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 5
per hour or more but under
170 kilometres per hour;
(h) an offence against rule 291 of the
Road Rules in circumstances
5 involving improper use of a motor
vehicle;
(i) an offence against rule 297 of the
Road Rules in circumstances
involving improper use of a motor
10 vehicle;".
(2) Section 84C(2) of the Principal Act is repealed.
(3) For section 84C(3) of the Principal Act
substitute--
"(3) For the purposes of an application for an
15 impoundment or immobilisation order or a
forfeiture order, charges for more than one
relevant offence arising out of the same
single set of circumstances are to be treated
as one charge for a relevant offence.
20 (3A) For the purposes of subsection (3), if one of
the charges is for a tier 1 relevant offence, all
of the charges are to be treated as one charge
for a tier 1 relevant offence.".
5 Section 84E substituted
25 For section 84E of the Principal Act substitute--
"84E Meaning of second or subsequent offence
(1) In this section--
commencement day means--
(a) in relation to a tier 1 relevant
30 offence (other than an offence
referred to in paragraph (b)), the
commencement of Part 2 of the
Road Safety Amendment (Hoon
Driving) Act 2010;
561524B.I-31/8/2010 7 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 6
(b) in relation to an offence against
section 30(1), the commencement
of Part 2 of the Road Safety and
Other Acts (Vehicle
5 Impoundment and Other
Amendments) Act 2005.
(2) For the purposes of the definition of tier 1
relevant offence, an offence is a second or
subsequent offence only if the first offence
10 was committed on or after the
commencement day.".
6 Powers of Victoria Police
In section 84F(1) of the Principal Act, before
paragraph (a) insert--
15 "(aa) search for, or gain access to, the motor
vehicle; and
(ab) direct a person of or over the age of 18 years
at the premises being searched to provide
information concerning the location of the
20 motor vehicle; and".
7 Seizure of motor vehicle
(1) In section 84G(1) of the Principal Act, for
"impounding or immobilising" substitute
"impoundment, immobilisation or forfeiture of".
25 (2) After section 84G(1)(b) of the Principal Act
insert--
"(ba) from a place that is not a public place
without the consent of the owner or occupier
of that place following a search of that place
30 in accordance with section 84GA; or".
(3) In section 84G(2) of the Principal Act--
(a) in paragraph (b), for "that warrant."
substitute "that warrant; or";
561524B.I-31/8/2010 8 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 8
(b) after paragraph (b) insert--
"(c) in the case of seizure following a
search conducted in accordance with
section 84GA--
5 (i) if the motor vehicle is subject to
an impoundment or
immobilisation order or a
forfeiture order, 10 days after the
date on which the surrender of the
10 vehicle was required by that order;
or
(ii) in any other case, the period
referred to in paragraph (a).".
(4) In section 84G(3)(b) of the Principal Act, after
15 "moving the motor vehicle" insert "or
immobilising the motor vehicle (whether by use of
a steering wheel lock or otherwise)".
8 New sections 84GA and 84GB inserted
After section 84G of the Principal Act insert--
20 "84GA Search for motor vehicle
(1) Subject to subsection (3), for the purpose of
seizing a motor vehicle under this Part, a
member of the police force may, without
consent and without warrant, enter and
25 search--
(a) the garage address for that motor
vehicle; or
(b) any land or premises, or any part of
land or premises, where the member
30 reasonably believes that the motor
vehicle is present (either at that time or
from time to time).
561524B.I-31/8/2010 9 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 8
(2) For the purpose of searching for, or gaining
access to, a motor vehicle under this Part, a
member of the police force may--
(a) open unlocked doors, panels, objects or
5 other things, or open unlocked places;
and
(b) move, but not take away, anything that
is not locked or sealed.
(3) This section does not authorise a member of
10 the police force who is searching for a motor
vehicle under this Part--
(a) to use force; or
(b) if the member is searching business
premises, to enter those premises
15 outside normal business hours; or
(c) to enter any part of a building if that
part is used for residential purposes; or
(d) to enter any part of land or premises if
the entrance to that part is locked; or
20 (e) to open any locked door to any building
on the land.
84GB Direction to provide location of motor
vehicle
(1) For the sole purpose of locating a motor
25 vehicle to be seized under this Part, a
member of the police force may direct a
person to provide information concerning the
location of that motor vehicle if--
(a) the person is of or over the age of
30 18 years; and
561524B.I-31/8/2010 10 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 8
(b) both the person and the member of the
police force are present at the garage
address of the motor vehicle or at
premises where the member reasonably
5 believes that the motor vehicle is
present (either at that time or from time
to time).
(2) A person of or over the age of 18 years must
not--
10 (a) knowing the location of the motor
vehicle referred to in a direction under
subsection (1), fail to comply with the
direction; or
(b) in purported compliance with a
15 direction under subsection (1), give
information that the person knows to be
false or misleading in a material
particular.
Penalty: 5 penalty units.
20 (3) A person is not excused from complying
with a direction given under subsection (1)
on the ground that complying with the
direction may result in information being
provided that--
25 (a) might incriminate the person; or
(b) may make the person liable to a
penalty.
(4) Any information, document or other thing
obtained as a direct or indirect consequence
30 of a person complying with a direction given
under subsection (1) is admissible in
evidence against the person in--
(a) a proceeding for making a false or
misleading statement; or
561524B.I-31/8/2010 11 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 9
(b) any proceeding under this section--
but is not otherwise admissible in evidence
against that person.".
9 Surrender of motor vehicle
5 In section 84H(4) of the Principal Act, for
"section 84F or 84G" substitute "sections 84F
to 84GB".
10 Impoundment or immobilisation of a motor vehicle
In section 84I(b) of the Principal Act, after "wheel
10 clamps" insert ", a steering wheel lock".
11 Powers of persons authorised by Victoria Police
In section 84J(d) of the Principal Act, after "wheel
clamps" insert ", a steering wheel lock".
12 Content of notice
15 (1) After section 84L(f)(iv) of the Principal Act
insert--
"(v) if the motor vehicle has been immobilised by
use of a steering wheel lock, the address and
telephone number of the police station from
20 which the key for that steering wheel lock
may be collected; and".
(2) For section 84L(g) of the Principal Act
substitute--
"(g) that the Chief Commissioner of Police may
25 apply to the relevant court for an
impoundment or immobilisation order or a
forfeiture order in accordance with this Part
if the requirements of this Part relating to
previous relevant offences (if any) are
30 satisfied; and".
561524B.I-31/8/2010 12 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 13
13 Appeal rights
(1) Before section 84O(1) of the Principal Act
insert--
"(1AA) In this section--
5 offender means a person believed to have
committed the relevant offence in
relation to which the motor vehicle was
impounded or immobilised.".
(2) In section 84O(3) of the Principal Act, for "On"
10 substitute "Subject to subsections (3A), (3B) and
(3C), on".
(3) After section 84O(3) of the Principal Act insert--
"(3A) If--
(a) the offender is disqualified from
15 obtaining a driver licence or permit; or
(b) the offender's driver licence or permit is
suspended--
for a period longer than the period of
impoundment or immobilisation, the
20 Magistrates' Court must not consider any
exceptional hardship caused to the offender.
(3B) The Magistrates' Court must not make an
order under subsection (3) on the grounds of
exceptional hardship relating to the
25 offender's employment unless the applicant
satisfies the Court that--
(a) driving the impounded or immobilised
motor vehicle is essential (not merely
convenient) for the offender's
30 employment; and
(b) no other transport to his or her place of
employment is available to the
offender; and
561524B.I-31/8/2010 13 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 14
(c) the offender, after making reasonable
enquiries, is unable to arrange for
another person to drive the offender to
his or her place of employment.
5 (3C) In determining whether to make an order
under subsection (3), the Magistrates' Court
must have regard to the safety of the public
and the public interest in preventing the use
of a motor vehicle that the Court considers is
10 reasonably likely in all the circumstances to
be used for further driving offences.".
14 Offences
(1) After section 84P(2)(a) of the Principal Act
insert--
15 "(ab) if the motor vehicle is immobilised by use of
a steering wheel lock and immediately after
the vehicle is moved the person who moved
the vehicle or arranged for it to be moved
informs a member of the police force of the
20 new location of the vehicle; or".
(2) In section 84P(3) of the Principal Act, after
"authorised person" insert "or a member of the
police force".
15 New section 84QA inserted
25 After section 84Q of the Principal Act insert--
"84QA How motor vehicle immobilised by
steering wheel lock may be recovered
(1) This section applies if a motor vehicle has
been immobilised under this Part by use of a
30 steering wheel lock and--
(a) under section 84Q(1), that motor
vehicle must be released; or
561524B.I-31/8/2010 14 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 15
(b) a decision under section 84N, or an
order under section 84O, has been
made to release that motor vehicle.
(2) The member of the police force who served
5 the notice under section 84K must make the
key to that steering wheel lock available at
the police station specified in accordance
with section 84L(f)(v) for collection by--
(a) if the motor vehicle is to be released to
10 a specified person in accordance with
an order under section 84O, that
person; or
(b) in any other case, the registered
operator or any other person entitled to
15 possession of the motor vehicle.
(3) A person who collects a key to a steering
wheel lock must not, without reasonable
excuse, fail to return the key and the steering
wheel lock to the police station from which
20 the key was collected within 24 hours after
collecting the key.
Penalty: 60 penalty units.
(4) A person must not copy, or attempt to copy,
a key to a steering wheel lock.
25 Penalty: 60 penalty units.
(5) It is not an offence against subsection (4) for
any of the following persons to copy, or
attempt to copy, a key to a steering wheel
lock--
30 (a) a member of the police force;
(b) a person engaged or employed by a
member of the police force for the
purpose of copying the key.
561524B.I-31/8/2010 15 BILL LA INTRODUCTION 31/8/2010
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Part 2--Amendment of Road Safety Act 1986
s. 16
(6) A person (other than a member of the police
force or an authorised person) must not
unlock, or attempt to unlock, a steering
wheel lock fitted under this Division with
5 any thing other than a key made available
under subsection (2).
Penalty: 60 penalty units.".
16 Impoundment or immobilisation order
(1) For section 84S(1) of the Principal Act
10 substitute--
"(1) On the application of the Chief
Commissioner of Police under section
84U(1), if a driver is found guilty of--
(a) a tier 1 relevant offence; or
15 (b) a tier 2 relevant offence and within the
period of 3 years immediately
preceding the commission of that
offence the driver has committed one or
more relevant offences (whether a tier 1
20 relevant offence or a tier 2 relevant
offence)--
the relevant court must order, subject to
section 84Z, that the motor vehicle used in
the commission of the relevant offence
25 before the court or a substituted motor
vehicle--
(c) be impounded or immobilised for a
period of 28 days or, on the application
of the Chief Commissioner of Police,
30 any longer period not exceeding
3 months in total (including any period
of impoundment or immobilisation
during the designated period); or
561524B.I-31/8/2010 16 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 17
(d) be forfeited to the Crown by order
under section 84T(1).
Notes
1 Section 84Z allows a court to decline to make an
5 impoundment or immobilisation order in certain
circumstances.
2 An application under section 84ZG for a search
and seizure warrant may be heard and
determined immediately after an application
10 under section 84U(1) if an impoundment or
immobilisation order is made.".
(2) For section 84S(2) of the Principal Act
substitute--
"(2) An order under subsection (1) may only be
15 made if the relevant court is satisfied that, if
the application is in respect of the motor
vehicle used in the commission of the
relevant offence, at the time that offence was
committed that motor vehicle was not--
20 (a) a stolen motor vehicle; or
(b) a hired motor vehicle; or
(c) being used in any prescribed
circumstances.".
17 Forfeiture order
25 (1) For section 84T(1) of the Principal Act
substitute--
"(1) On the application of the Chief
Commissioner of Police under section
84U(1), if a driver is found guilty of--
30 (a) a tier 1 relevant offence and within the
period of 3 years immediately
preceding the commission of that
offence the driver has committed one or
more tier 1 relevant offences or two or
35 more tier 2 relevant offences; or
561524B.I-31/8/2010 17 BILL LA INTRODUCTION 31/8/2010
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Part 2--Amendment of Road Safety Act 1986
s. 17
(b) a tier 2 relevant offence and within the
period of 3 years immediately
preceding the commission of that
offence the driver has committed two or
5 more relevant offences (whether tier 1
relevant offences or tier 2 relevant
offences or a combination of both)--
the relevant court may order, subject to
section 84Z, that the motor vehicle used in
10 the commission of the relevant offence
before the court or a substituted motor
vehicle be forfeited to the Crown.
(1A) If the relevant court is satisfied of the matters
referred to in subsection (1) but declines to
15 make an order under that subsection, the
court must order, subject to section 84Z, that
the motor vehicle used in the commission of
the relevant offence or a substituted motor
vehicle be impounded or immobilised by
20 order under section 84S(1).
Notes
1 Section 84Z allows a court to decline to make an
impoundment or immobilisation order or a
forfeiture order in certain circumstances.
25 2 An application under section 84ZG for a search
and seizure warrant may be heard and
determined immediately after an application
under section 84U(1) if a forfeiture order or
impoundment or immobilisation order is made.".
30 (2) For section 84T(2) of the Principal Act
substitute--
"(2) An order under subsection (1) or in
accordance with (1A) may only be made if
the relevant court is satisfied that, if the
35 application is in respect of the motor vehicle
used in the commission of the relevant
561524B.I-31/8/2010 18 BILL LA INTRODUCTION 31/8/2010
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Part 2--Amendment of Road Safety Act 1986
s. 18
offence, at the time that offence was
committed that motor vehicle was not--
(a) a stolen motor vehicle; or
(b) a hired motor vehicle; or
5 (c) being used in any prescribed
circumstances.".
18 New section 84TA inserted
After section 84T of the Principal Act insert--
"84TA Registrar of Personal Property Securities
10 to be notified of impoundment or
immobilisation order or forfeiture order
(1) If a court makes an impoundment or
immobilisation order under section 84S or a
forfeiture order under section 84T, the Chief
15 Commissioner of Police must serve notice of
that order on the Registrar of Personal
Property Securities (within the meaning of
the Personal Property Securities Act 2009 of
the Commonwealth) as soon as practicable
20 after the order takes effect.
Note
See section 84ZB for when an order takes effect.
(2) A notice under subsection (1) must specify--
(a) the motor vehicle in respect of which
25 the order is made; and
(b) the kind of order made; and
(c) the period of the order; and
(d) the date on which the order takes effect;
and
30 (e) in the case of a forfeiture order, that the
motor vehicle was forfeited to the
Crown.
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Part 2--Amendment of Road Safety Act 1986
s. 19
(3) The Corporation may serve notice under
subsection (1) on behalf of the Chief
Commissioner of Police.".
19 Application for an impoundment or immobilisation
5 order or a forfeiture order
(1) In section 84U(1)(b) of the Principal Act, before
"the driver" insert "unless subsection (1A)
applies,".
(2) After section 84U(1) of the Principal Act insert--
10 "(1A) Subsection (1)(b) does not apply to an
application for an impoundment or
immobilisation order in relation to a tier 1
relevant offence.".
20 New section 84WA inserted
15 After section 84W of the Principal Act insert--
"84WA Registrar of Personal Property Securities
to be notified of application
(1) If the Chief Commissioner of Police gives
notice of an application under
20 section 84W(1), he or she must serve notice
of that application on the Registrar of
Personal Property Securities (within the
meaning of the Personal Property Securities
Act 2009 of the Commonwealth)
25 immediately after giving notice under
section 84W(1).
(2) A notice under subsection (1) must--
(a) specify the motor vehicle in respect of
which the order is sought; and
30 (b) state the matters described in section
84W(3)(a) and (b).
(3) The Corporation may serve notice under
subsection (1) on behalf of the Chief
Commissioner of Police.".
561524B.I-31/8/2010 20 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 21
21 Notice where 2 or more offences charged
(1) For section 84Y(3)(a) of the Principal Act
substitute--
"(a) that the Chief Commissioner of Police
5 intends to apply to the relevant court for an
impoundment or immobilisation order or a
forfeiture order in accordance with this Part
if the requirements of this Part relating to
previous relevant offences (if any) are
10 satisfied; and".
(2) In section 84Y(5) of the Principal Act--
(a) in paragraph (a), for "relevant offence"
substitute "tier 2 relevant offence";
(b) in paragraph (b), for "the second or third
15 relevant offence" substitute "the relevant
offences in relation to which the notice is
served";
(c) in paragraph (c), for "relevant offence"
substitute "tier 2 relevant offence".
20 22 Direction not to transfer registration or register
motor vehicle
In section 84YA(3)(b) of the Principal Act--
(a) in subparagraph (i), for "relevant offence"
substitute "tier 2 relevant offence";
25 (b) in subparagraph (ii), for "the second or third
relevant offence" substitute "the relevant
offences in relation to which the notice is
served";
(c) in subparagraph (iii), for "relevant offence"
30 substitute "tier 2 relevant offence".
561524B.I-31/8/2010 21 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 23
23 Hearing of application
(1) Before section 84Z(1) of the Principal Act
insert--
"(1AA) In this section--
5 offender means a person believed to have
committed the relevant offence in
relation to which the motor vehicle is to
be impounded, immobilised or
forfeited.".
10 (2) In section 84Z(3) of the Principal Act, for "The"
substitute "Subject to subsections (3A), (3B) and
(3C), the".
(3) After section 84Z(3) of the Principal Act insert--
"(3A) The court must not decline to make an
15 impoundment or immobilisation order or a
forfeiture order on the grounds of
exceptional hardship caused to the offender
if--
(a) either--
20 (i) the offender is disqualified from
obtaining a driver licence or
permit; or
(ii) the offender's driver licence or
permit is suspended; and
25 (b) in the case of an application relating to
an impoundment or immobilisation
order, the suspension or disqualification
is for a period longer than 3 months.
(3B) The court must not decline to make an
30 impoundment or immobilisation order or a
forfeiture order on the grounds of
exceptional hardship relating to the
offender's employment unless the offender,
561524B.I-31/8/2010 22 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 23
or another person appearing before the court,
satisfies the court that--
(a) driving the impounded or immobilised
motor vehicle is essential (not merely
5 convenient) for the offender's
employment; and
(b) no other transport to his or her place of
employment is available to the
offender; and
10 (c) the offender, after making reasonable
enquiries, is unable to arrange for
another person to drive the offender to
his or her place of employment.
(3C) In determining whether to decline to make an
15 impoundment or immobilisation order or a
forfeiture order on the ground of exceptional
hardship, the court must have regard to the
safety of the public and the public interest in
preventing the use of a motor vehicle that the
20 court considers is reasonably likely in all the
circumstances to be used for further driving
offences.
(3D) If the court declines to make an
impoundment or immobilisation order or a
25 forfeiture order on the ground of exceptional
hardship, it may require the applicant (other
than the offender) to give an undertaking that
the motor vehicle will not be made available
to be driven by the offender during a period
30 not exceeding--
(a) 3 months if the application is for an
impoundment or immobilisation order
and--
561524B.I-31/8/2010 23 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 24
(i) the offender is disqualified from
obtaining a driver licence or
permit for a period not exceeding
3 months; or
5 (ii) the offender's driver licence or
permit is suspended for a period
not exceeding 3 months; or
(b) 12 months in any other case.
Note
10 Section 84ZAC provides for the impoundment,
immobilisation or forfeiture of the motor vehicle on
breach of an undertaking.
(3E) A person is deemed to be released from an
undertaking under subsection (3D) if, on
15 appeal--
(a) the driver is found not guilty of the
relevant offence in relation to which the
motor vehicle was impounded,
immobilised or forfeited and is not
20 found guilty of any other relevant
offence arising out of the same single
set of circumstances; or
(b) the conviction for that relevant offence
is set aside.".
25 24 Application for variation of order
(1) Before section 84ZA(1) of the Principal Act
insert--
"(1AA) In this section--
offender means a person believed to have
30 committed the relevant offence in
relation to which the motor vehicle was
impounded, immobilised or forfeited.".
561524B.I-31/8/2010 24 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 24
(2) After section 84ZA(2) of the Principal Act
insert--
"(2A) An application under subsection (1) cannot
be made on the grounds of exceptional
5 hardship caused to the offender if--
(a) either--
(i) the offender is disqualified from
obtaining a driver licence or
permit; or
10 (ii) the offender's driver licence or
permit is suspended; and
(b) in the case of an application relating to
an impoundment or immobilisation
order, the suspension or disqualification
15 is for a period longer than the period of
impoundment or immobilisation.
(2B) An application under subsection (1) cannot
be made on the grounds of exceptional
hardship if the impoundment or
20 immobilisation order or forfeiture order was
made in accordance with section 84ZAC.".
(3) In section 84ZA(4) of the Principal Act, for "The"
substitute "Subject to subsections (5), (6) and (7),
the".
25 (4) After section 84ZA(4) of the Principal Act
insert--
"(5) The court must not make an order under
subsection (4) on the grounds of exceptional
hardship relating to the offender's
30 employment unless the applicant satisfies the
court that--
(a) driving the impounded or immobilised
motor vehicle is essential (not merely
convenient) for the offender's
35 employment; and
561524B.I-31/8/2010 25 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 24
(b) no other transport to his or her place of
employment is available to the
offender; and
(c) the offender, after making reasonable
5 enquiries, is unable to arrange for
another person to drive the offender to
his or her place of employment.
(6) In determining whether to make an order
under subsection (4), the court must have
10 regard to the safety of the public and the
public interest in preventing the use of a
motor vehicle that the court considers is
reasonably likely in all the circumstances to
be used for further driving offences.
15 (7) If the court makes an order under subsection
(4) setting aside the impoundment or
immobilisation order or forfeiture order, it
may require the applicant (other than the
offender) to give an undertaking that the
20 motor vehicle will not be made available to
be driven by the offender during a period not
exceeding--
(a) 3 months if the application is for an
impoundment or immobilisation order
25 and--
(i) the offender is disqualified from
obtaining a driver licence or
permit for a period not exceeding
3 months; or
30 (ii) the offender's driver licence or
permit is suspended for a period
not exceeding 3 months; or
561524B.I-31/8/2010 26 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 25
(b) 12 months in any other case.
Note
Section 84ZAC provides for the impoundment,
immobilisation or forfeiture of the motor vehicle on
5 breach of the undertaking.
(8) A person is deemed to be released from an
undertaking given under subsection (7) if, on
appeal--
(a) the driver is found not guilty of the
10 relevant offence in relation to which the
motor vehicle was impounded,
immobilised or forfeited and is not
found guilty of any other relevant
offence arising out of the same single
15 set of circumstances; or
(b) the conviction for that relevant offence
is set aside.".
25 New sections 84ZAB and 84ZAC inserted
After section 84ZA of the Principal Act insert--
20 "84ZAB Interest in motor vehicle not to be
transferred
If a person is bound by an undertaking under
section 84Z(3D) or 84ZA(7), the person
must not, before the expiry of the period of
25 the undertaking, without the approval of the
relevant court, sell or otherwise dispose of
any interest in the motor vehicle in relation
to which the undertaking was given.
Penalty: 60 penalty units.
30 84ZAC Breach of undertaking
(1) In this section--
relevant motor vehicle means the motor
vehicle in relation to which an
undertaking was given;
561524B.I-31/8/2010 27 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 25
undertaking means an undertaking under
section 84Z(3D) or 84ZA(7).
(2) If--
(a) a person has given an undertaking to a
5 relevant court; and
(b) it appears to the court that the person
has failed to comply with the
undertaking--
the court must direct that the person and the
10 registered operator for the relevant motor
vehicle (if not the person who has given the
undertaking) be served with a notice stating
the matters referred to in subsection (3).
Note
15 See section 93 for how a notice may be served.
(3) A notice served under subsection (2) must
state that--
(a) the relevant court intends to deal with
an apparent breach of the undertaking
20 at the specified time on a specified
date; and
(b) the person who gave the undertaking is
required to attend before the relevant
court at that time and date; and
25 (c) if the person who gave the undertaking
is not the registered operator for the
relevant motor vehicle, the registered
operator may attend before the relevant
court at that time and date.
30 (4) If a notice is served under subsection (2) on a
person and he or she fails to attend before the
relevant court at the time and date specified,
the relevant court may deal with the apparent
breach of the undertaking in the absence of
35 the person.
561524B.I-31/8/2010 28 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 26
(5) If the relevant court is satisfied that a person
has failed to comply with an undertaking, the
court may--
(a) make an impoundment or
5 immobilisation order in accordance
with section 84S in relation to the
relevant motor vehicle; or
(b) make a forfeiture order in accordance
with section 84T in relation to the
10 relevant motor vehicle--
as the case requires.
(6) In considering whether to make an
impoundment or immobilisation order or a
forfeiture order under subsection (5), the
15 relevant court must not consider whether
making that order will cause exceptional
hardship to any person.".
26 Police powers
In section 84ZC of the Principal Act--
20 (a) after "same powers to" insert "search for
and";
(b) for "and (3)" substitute ", 84G(3), 84GA,
84GB".
27 Search and seizure warrant
25 Before section 84ZH(2)(a) of the Principal Act
insert--
"(aa) direct a person to provide information
concerning the location of the motor vehicle
specified in the warrant in accordance with
30 section 84GB;".
561524B.I-31/8/2010 29 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 28
28 Sale or disposal of uncollected motor vehicles and
items
(1) After section 84ZQ(1) of the Principal Act
insert--
5 "(1A) A purchaser of a motor vehicle, item or thing
sold in accordance with subsection (1)
acquires good title to that vehicle, item or
thing.".
(2) For section 84ZQ(3)(b) of the Principal Act
10 substitute--
"(b) the Chief Commissioner has given notice in
accordance with section 84ZQA at least
14 days before that sale or disposal; and".
(3) Section 84ZQ(3)(c) of the Principal Act is
15 repealed.
(4) After section 84ZQ(3) of the Principal Act
insert--
"(4) Subject to subsection (5), if notice is given
under section 84ZQA of an intention to sell
20 or otherwise dispose of a motor vehicle and
any uncollected item or thing left in or on it,
14 days after that notice is given the motor
vehicle and any items or things left in or on
it vest absolutely in the Crown, free from all
25 other interests, rights, titles or claims in or to
ownership or possession.
(5) Subsection (4) does not apply to a motor
vehicle, item or thing if, within 14 days after
notice is given under section 84ZQA, the
30 Chief Commissioner of Police determines
that the motor vehicle, item or thing should
not be sold or otherwise disposed of.
(6) Subsection (4) has effect despite any other
Act (other than the Charter of Human Rights
35 and Responsibilities) or law to the contrary.".
561524B.I-31/8/2010 30 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 29
29 New sections 84ZQA to 84ZQC inserted
After section 84ZQ of the Principal Act insert--
"84ZQA Notice to be given of intention to sell or
dispose
5 (1) The Chief Commissioner of Police must give
notice of intention to sell or otherwise
dispose of a motor vehicle, and any
uncollected item or thing left in or on the
motor vehicle, under section 84ZQ by--
10 (a) serving notice of the intention on--
(i) the driver of the motor vehicle;
and
(ii) if the driver of the motor vehicle
is not the registered operator of
15 the motor vehicle, the registered
operator; and
(iii) any person who the Chief
Commissioner is aware has an
interest in the motor vehicle; and
20 (iv) the Corporation; and
(b) publishing the notice of intention in a
newspaper circulating generally in the
State.
(2) A notice under subsection (1) must state--
25 (a) that the Chief Commissioner of Police
intends to sell or otherwise dispose of
the motor vehicle, and any uncollected
item or thing left in or on the motor
vehicle, not less than 14 days after the
30 notice is given; and
(b) information that identifies the motor
vehicle, including the motor vehicle's
registration number (if applicable); and
561524B.I-31/8/2010 31 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 29
(c) that 14 days after the notice has been
given, the motor vehicle and any
uncollected item or thing left in or on it
will vest absolutely in the Crown, free
5 from all other interests, rights, titles or
claims in or to ownership or possession.
(3) The Chief Commissioner of Police must not
give notice under this section unless all
proceedings in relation to the relevant
10 offence that led to the impoundment or
immobilisation of the relevant motor vehicle
have been finalised and any appeal period
has expired.
84ZQB Registrar of Personal Property Securities
15 to be notified of intention to sell or dispose
(1) If the Chief Commissioner of Police gives
notice of a motor vehicle of an intention to
sell or otherwise dispose of a motor vehicle
under section 84ZQA(1), he or she must
20 serve notice of that intention on the Registrar
of Personal Property Securities (within the
meaning of the Personal Property Securities
Act 2009 of the Commonwealth)
immediately after giving notice under
25 section 84ZQA(1).
(2) A notice under subsection (1) must state the
matters described in section 84ZQA(2).
(3) The Corporation may serve notice under
subsection (1) on behalf of the Chief
30 Commissioner of Police.
84ZQC Registrar of Personal Property Securities
to be notified if vehicle vests in Crown
(1) If, under section 84ZQ(4), a motor vehicle
vests in the Crown, the Chief Commissioner
35 of Police must give notice to the Registrar of
Personal Property Securities (within the
561524B.I-31/8/2010 32 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 30
meaning of the Personal Property Securities
Act 2009 of the Commonwealth) within
7 days of the motor vehicle vesting in the
Crown.
5 (2) A notice under subsection (1) must state--
(a) information that identifies the motor
vehicle, including the motor vehicle's
registration number (if applicable); and
(b) that under section 84ZQ(4) the motor
10 vehicle vested absolutely in the Crown,
free from all other interests, rights,
titles or claims in or to ownership or
possession; and
(c) the date on which the motor vehicle
15 vested in the Crown.
(3) The Corporation may give notice under
subsection (1) on behalf of the Chief
Commissioner of Police.".
30 Sale or disposal of motor vehicle subject to
20 forfeiture order
(1) After section 84ZR(1) of the Principal Act
insert--
"(1A) A purchaser of a motor vehicle, item or thing
sold in accordance with subsection (1)
25 acquires good title to that vehicle, item or
thing.".
(2) After section 84ZR(2) of the Principal Act
insert--
"(3) The Chief Commissioner of Police must not
30 sell or otherwise dispose of a motor vehicle
that is the subject of a forfeiture order unless
14 days have elapsed since notice was given
under section 84ZRA.".
561524B.I-31/8/2010 33 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 31
31 New section 84ZRA inserted
After section 84ZR of the Principal Act insert--
"84ZRA Notice to be given of intention to sell or
dispose
5 (1) The Chief Commissioner of Police must give
notice of intention to sell or otherwise
dispose of a motor vehicle that is the subject
of a forfeiture order, and any uncollected
item or thing left in or on the motor vehicle,
10 by--
(a) serving notice of the intention on--
(i) the driver of the motor vehicle;
and
(ii) if the driver of the motor vehicle
15 is not the registered operator of
the motor vehicle, the registered
operator; and
(iii) any person who the Chief
Commissioner is aware has an
20 interest in the motor vehicle; and
(iv) the Corporation; and
(b) publishing the notice of intention in a
newspaper circulating generally in the
State.
25 (2) A notice under subsection (1) must state--
(a) that the Chief Commissioner of Police
intends to sell or otherwise dispose of
the motor vehicle, and any uncollected
item or thing left in or on the motor
30 vehicle, no earlier than 14 days after the
notice is served; and
(b) information that identifies the motor
vehicle, including the motor vehicle's
registration number (if applicable).".
561524B.I-31/8/2010 34 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s.32
32 Application of proceeds of sale
In section 84ZS(c) of the Principal Act, after
"arrangement" insert ", that existed immediately
before the forfeiture order took effect".
5 33 Disposal of motor vehicle, item or thing subject to
disposal order
After section 84ZT(1) of the Principal Act
insert--
"(1A) A purchaser of a motor vehicle, item or thing
10 sold in accordance with subsection (1)
acquires good title to that vehicle, item or
thing.".
34 Notice to be given of intention to apply for disposal
order
15 After section 84ZU(3)(b) of the Principal Act
insert--
"(ba) that on the making of the disposal order, the
motor vehicle, and all items or things left in
or on the motor vehicle, will vest absolutely
20 in the Crown, free from all other interests,
rights, titles or claims in or to ownership or
possession; and".
35 New section 84ZUA inserted
After section 84ZU of the Principal Act insert--
25 "84ZUA Registrar of Personal Property Securities
to be notified of intention to apply for
disposal order
(1) If the Chief Commissioner of Police gives
notice of an application for a disposal order
30 under section 84ZU(1), he or she must serve
notice of that application on the Registrar of
Personal Property Securities (within the
meaning of the Personal Property Securities
Act 2009 of the Commonwealth)
561524B.I-31/8/2010 35 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 36
immediately after giving notice under
section 84ZU.
(2) A notice under subsection (1) must state the
matters described in section 84ZU(3)(a), (b)
5 and (ba).
(3) The Corporation may serve notice under
subsection (1) on behalf of the Chief
Commissioner of Police.".
36 Hearing of application for and making of disposal
10 order
For section 84ZW(3) of the Principal Act
substitute--
"(3) The court must not decline to make a
disposal order on the grounds of exceptional
15 hardship relating to the accused if--
(a) the accused is disqualified from
obtaining a driver licence or permit; or
(b) the driver licence or permit held by the
accused is suspended.
20 (4) The court must not decline to make a
disposal order on the grounds of exceptional
hardship relating to the employment of the
accused unless the accused, or another
person appearing before the court, satisfies
25 the court that--
(a) driving the impounded or immobilised
vehicle is essential (not merely
convenient) for the employment of the
accused; and
30 (b) no other transport to his or her place of
employment is available to the accused;
and
561524B.I-31/8/2010 36 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 37
(c) the accused, after making reasonable
enquiries, is unable to arrange for
another person to drive the accused to
his or her place of employment.
5 (5) If the court makes the disposal order, the
motor vehicle vests absolutely in the Crown,
free from all other interests, rights, titles or
claims in or to ownership or possession.
(6) Subsection (5) has effect despite any other
10 Act (other than the Charter of Human Rights
and Responsibilities) or law to the contrary.".
37 New section 84ZWA inserted
After section 84ZW of the Principal Act insert--
"84ZWA Registrar of Personal Property Securities
15 to be notified of disposal order
(1) The Chief Commissioner of Police must give
notice of a disposal order made under
section 84ZW to the Registrar of Personal
Property Securities (within the meaning of
20 the Personal Property Securities Act 2009 of
the Commonwealth) within 7 days after the
making of that order.
(2) A notice under subsection (1) must state--
(a) information that identifies the motor
25 vehicle that is the subject of the
disposal order, including the motor
vehicle's registration number (if
applicable); and
(b) that a disposal order was made in
30 relation to the motor vehicle; and
(c) that on the making of the disposal
order, the motor vehicle vested
absolutely in the Crown, free from all
other interests, rights, titles or claims in
35 or to ownership or possession.
561524B.I-31/8/2010 37 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 38
(3) The Corporation may give notice under
subsection (1) on behalf of the Chief
Commissioner of Police.".
38 Application of proceeds of sale
5 In section 84ZX(1)(c) of the Principal Act, after
"arrangement" insert ", that existed immediately
before the disposal order was made".
39 New section 103ZC inserted
After section 103ZB of the Principal Act insert--
10 "103ZC Transitional provision--Road Safety
Amendment (Hoon Driving) Act 2010
(1) Part 6A as amended by Part 2 of the Road
Safety Amendment (Hoon Driving) Act
2010 applies to relevant offences alleged to
15 have been committed on or after the
commencement of Part 2 of that Act.
(2) Subject to subsection (3), Part 6A as in force
immediately before the commencement of
Part 2 of the Road Safety Amendment
20 (Hoon Driving) Act 2010 continues to apply
to a relevant offence alleged to have been
committed before the commencement of
Part 2 of that Act.
(3) For the purposes of sections 84S(1) and
25 84T(1), in determining whether a driver has
committed previous relevant offences, a
relevant offence committed before the
commencement of Part 2 of the Road Safety
Amendment (Hoon Driving) Act 2010 is to
30 be taken to be a tier 2 relevant offence.
(4) For the purposes of subsections (1), (2) and
(3), if a relevant offence is alleged to have
been committed between two dates, one
before and one after the commencement of
35 Part 2 of the Road Safety Amendment
561524B.I-31/8/2010 38 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 2--Amendment of Road Safety Act 1986
s. 40
(Hoon Driving) Act 2010, the offence is
alleged to have been committed before the
commencement of Part 2 of that Act.".
40 Statute law revision
5 (1) In section 77(5A) of the Principal Act, for
"prosecutor authorised under subsection (2A)"
substitute "person referred to in subsection
(2)(db)".
(2) In section 84ZB(1)(b) of the Principal Act, for
10 "made" substitute "imposed".
(3) In section 84ZF(1)(a)(ii) of the Principal Act, for
"owners'" substitute "owner's".
(4) In section 84ZU(1) of the Principal Act, for
"defendant" (wherever occurring) substitute
15 "accused".
__________________
561524B.I-31/8/2010 39 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 3--Amendment of Melbourne City Link Act 1995
s. 41
PART 3--AMENDMENT OF MELBOURNE CITY LINK ACT
1995
41 Power to revoke certain declarations of Link road
See: After section 61 of the Melbourne City Link Act
Act No.
5 107/1995. 1995 insert--
Reprint No. 7
as at "61A Power to revoke certain declarations of
1 September
2008 Link road
and
amending (1) The Minister may revoke, in whole or in
Act Nos part, a declaration made under section 61 in
14/2007,
10 30/2007, respect of land to which a lease under
66/2008, section 60 does not apply, whether the
6/2009,
17/2009, declaration has been made under section 61
28/2009, as enacted or as previously enacted.
93/2009 and
6/2010.
LawToday:
(2) A revocation under subsection (1) must
15 www. specify the land which is the subject of the
legislation.
vic.gov.au
wholly or partially revoked declaration.
(3) The Minister must cause a notice of a
revocation under subsection (1) to be
published in the Government Gazette.
20 (4) On the publication of a notice of a revocation
under subsection (3), the land specified in
the revocation ceases to be--
(a) a freeway or an arterial road within the
meaning of the Road Management
25 Act 2004; and
(b) a road open to and for use by the public
for passage with vehicles, and all rights,
easements and privileges existing or
claimed in it as a road either in the
30 public or by any body or person as
incident to any express or implied grant
or past dedication or supposed
dedication or by user or operation of
law, cease; and
561524B.I-31/8/2010 40 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 3--Amendment of Melbourne City Link Act 1995
s. 42
(c) a highway within the meaning of the
Road Safety Act 1986.
(5) The partial revocation of a declaration under
subsection (1) is not to be taken to affect any
5 toll zone specified in relation to that part of
the land which is the subject of that part of
the declaration that has not been revoked.
(6) On a revocation of the whole or a part of a
declaration under subsection (1), any
10 reference to the Link road in a notice of a toll
zone specified under section 71(1), so far as
it relates to any period on or after the
revocation, is taken not to include any land
that was the subject of the revocation.".
15 42 Power to revoke certain declarations of Extension
road
After section 93H of the Melbourne City Link
Act 1995 insert--
"93HA Power to revoke certain declarations of
20 Extension road
(1) The Minister may revoke, in whole or in
part, a declaration made under section 93H
in respect of land to which a lease under
section 93G does not apply, whether the
25 declaration has been made under section 93H
as enacted or as previously enacted.
(2) A revocation under subsection (1) must
specify the land which is the subject of the
wholly or partially revoked declaration.
30 (3) The Minister must cause a notice of a
revocation under subsection (1) to be
published in the Government Gazette.
561524B.I-31/8/2010 41 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 3--Amendment of Melbourne City Link Act 1995
s. 42
(4) On the publication of a notice of a revocation
under subsection (3), the land specified in
the revocation ceases to be--
(a) an arterial road within the meaning of
5 the Road Management Act 2004; and
(b) a road open to and for use by the public
for passage with vehicles, and all rights,
easements and privileges existing or
claimed in it as a road either in the
10 public or by any body or person as
incident to any express or implied grant
or past dedication or supposed
dedication or by user or operation of
law, cease; and
15 (c) a highway within the meaning of the
Road Safety Act 1986.
(5) The partial revocation of a declaration under
subsection (1) is not to be taken to affect any
toll zone specified in relation to that part of
20 the land which is the subject of that part of
the declaration that has not been revoked.
(6) On a revocation of the whole or a part of a
declaration under subsection (1), any
reference to the Extension road in a notice of
25 a toll zone specified under section 71(1), so
far as it relates to any period on or after the
revocation, is taken not to include any land
that was the subject of the revocation.".
__________________
561524B.I-31/8/2010 42 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Part 4--Repeal of Amending Act
s. 43
PART 4--REPEAL OF AMENDING ACT
43 Repeal of amending Act
This Act is repealed on 1 July 2012.
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 1984).
561524B.I-31/8/2010 43 BILL LA INTRODUCTION 31/8/2010
Road Safety Amendment (Hoon Driving) Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561524B.I-31/8/2010 44 BILL LA INTRODUCTION 31/8/2010
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