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ROAD SAFETY (AMENDMENT) BILL 2003

                                                                     PARLIAMENT OF VICTORIA

                                                                Road Safety (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents




                                                                                      Act No.


                                                                           TABLE OF PROVISIONS
                                                    Clause                                                                  Page

                                                    PART 1--PRELIMINARY                                                         1
                                                      1.     Purpose                                                            1
                                                      2.     Commencement                                                       3
                                                      3.     Principal Act                                                      3

                                                    PART 2--AMENDMENT OF ROAD SAFETY ACT 1986                                   4
                                                    Division 1--Written-off Vehicles                                            4
                                                      4.     Definitions                                                        4
                                                      5.     When is a vehicle written off?                                     6
                                                      6.     Register of written-off vehicles                                   7
                                                      7.     Appeals regarding written-off vehicle registration                 7
                                                    Division 2--Drink Driving Provisions                                        9
                                                      8.     Breath alcohol analysis                                            9
                                                      9.     Amendment of unproclaimed amending provision                      15
                                                      10.    Future amendments                                                 15
                                                      11.    Requirement to stop at preliminary breath testing station         15
                                                      12.    Requirement to provide blood sample                               16
                                                      13.    Service of certificates                                           16
                                                      14.    Proof of authority to operate breath analysing instrument         17
                                                      15.    PERIN                                                             18
                                                    Division 3--"Owner Onus" Provisions                                        18
                                                      16.    Offences detected by a photographic detection device              18
                                                      17.    Liability of owner for parking infringement                       19
                                                    Division 4--Point to Point Camera System                                   21
                                                      18.    Owner-onus offences                                               21
                                                      19.    New sections 78 and 78A inserted                                  21
                                                             78.     Average speed evidence of actual speed in certain
                                                                     circumstances                                             21
                                                             78A. Evidence of road distance                                    22
                                                      20.    General evidentiary provisions                                    22




                                                                                           i
                                                    551111B.A1-7/11/2003                                 BILL LA AS SENT 7/11/2003

 


 

Clause Page 21. New section 84B inserted 22 84B. Surveillance Devices Act 1999 22 22. Regulations 23 Victorian Legislation and Parliamentary Documents Division 5--Heavy Vehicles 23 23. Identification of uniformed police officers during inspection or search 23 24. Subject-matter for Regulations 24 Division 6--Calculation of Demerit Points 25 25. Demerits Register 25 Division 7--Transitional Provisions 26 26. New section 103D inserted 26 103D. Application of amendments made by the Road 26 Safety (Amendment) Act 2003 Division 8--Minor Amendments 27 27. Minor amendments 27 PART 3--AMENDMENT OF TRANSPORT ACT 1983 28 28. Breath alcohol analysis 28 29. Future amendments 29 30. Requirement to provide blood sample 30 31. Service of certificates under section 98 30 32. Proof of authority to operate breath analysing instrument 31 33. PERIN 31 PART 4--AMENDMENT OF MARINE ACT 1988 32 34. Breath alcohol analysis 32 35. Future amendments 34 36. Requirement to provide blood sample 35 37. Service of certificates under section 32 35 38. Proof of authority to operate breath analysing instrument 35 39. PERIN 36 PART 5--AMENDMENT OF OTHER ACTS 37 40. Amendment of Accident Compensation Act 1985 37 41. Amendment of Transport Accident Act 1986 37 42. Tolling system not surveillance device 38 43. Offences detected by prescribed tolling device 38 44. New section 120 inserted 39 120. Application of amendments made by the Road 39 Safety (Amendment) Act 2003 ii 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Clause Page PART 6--CONSEQUENTIAL AMENDMENTS 40 45. 40 Magistrates' Court Act 1989 Victorian Legislation and Parliamentary Documents ENDNOTES 41 iii 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 7 October 2003 As amended by Assembly 6 November 2003 Victorian Legislation and Parliamentary Documents A BILL to amend the Road Safety Act 1986, the Transport Act 1983, the Marine Act 1988, the Accident Compensation Act 1985, the Transport Accident Act 1986, the Melbourne City Link Act 1995 and the Road Safety (Responsible Driving) Act 2002, to make consequential amendments to the Magistrates' Court Act 1989 and for other purposes. Road Safety (Amendment) Act 2003 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose (1) The main purpose of this Act is to amend the Road Safety Act 1986 so as-- 5 (a) to change how a vehicle may become registered as a written-off vehicle and who 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003 1

 


 

Road Safety (Amendment) Act 2003 Act No. Part 1--Preliminary s. 1 has standing to appeal against a written-off vehicle registration; Victorian Legislation and Parliamentary Documents (b) to amend the drink driving provisions to allow breath analysing instruments to 5 measure the concentration of alcohol in breath instead of blood, to facilitate the proof of authority to operate such instruments and expand the means by which certain certificates may be served; 10 (c) to enable a chain of nominations of the actual driver to be made under the "owner onus" provisions relating to camera detected traffic offences and parking infringements and include trailers in the coverage of 15 camera detected traffic offences; (d) to facilitate the use of point to point camera systems for the detection and prosecution of offences under the Act; (e) to require uniformed police officers to 20 identify themselves when exercising powers of inspection or searches concerning heavy vehicles and widen the regulation-making powers with respect to speeding heavy vehicles; 25 (f) to clarify the operation of the demerit points provisions in relation to drivers who hold, or have held, a full driver licence. (2) This Act also makes amendments to the Transport Act 1983, the Marine Act 1988, the 30 Accident Compensation Act 1985, the Transport Accident Act 1986 and the Melbourne City Link Act 1995 corresponding to certain amendments made to the Road Safety Act 1986 by this Act. 2 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 1--Preliminary s. 2 2. Commencement (1) This Part and Part 2 (except sections 7 and 10), Victorian Legislation and Parliamentary Documents Part 3 (except section 29), Part 4 (except section 35) and Part 5 come into operation on the 5 day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. 10 (3) If a provision of this Act does not come into operation before 1 January 2005, it comes into operation on that day. 3. Principal Act See: In this Act, the Road Safety Act 1986 is called Act No. 15 the Principal Act. 127/1986. Reprint No. 7 as at 19 June 2002 and amending Act Nos 46/2002 and 44/2003. LawToday: www.dms. dpc.vic. gov.au __________________ 3 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 Victorian Legislation and Parliamentary Documents Division 1--Written-off Vehicles 4. Definitions (1) In section 16B of the Principal Act-- 5 (a) insert the following definitions-- ' "corresponding category" means a specified category of written-off vehicle on an interstate written-off vehicles register that the Governor in 10 Council by Order published in the Government Gazette declares to be a category that corresponds to a specified category of written-off vehicle under this Division; 15 "domestic partner" of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or 20 financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not 25 include a person who provides domestic support and personal care to the person-- (a) for fee or reward; or (b) on behalf of another person or an 30 organisation (including a government or government agency, a body corporate or a 4 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 charitable or benevolent organisation);'; Victorian Legislation and Parliamentary Documents (b) for the definition of "repairable write-off" substitute-- 5 ' "repairable write-off" means a written-off vehicle that-- (a) is not a statutory write-off; or (b) is entered on an interstate-written off vehicles register in a 10 corresponding category to repairable write-off under this Division;'; (c) in the definition of "statutory write-off"-- (i) at the end of paragraph (f) insert "or"; 15 (ii) after the Examples at the foot of paragraph (f) insert-- "(g) entered on an interstate written-off vehicles register in a corresponding category to 20 statutory write-off under this Division;". (2) At the end of section 16B of the Principal Act insert-- '(2) The Governor in Council may, by Order 25 published in the Government Gazette, declare that a specified category of written- off vehicle on an interstate written-off vehicles register corresponds to a specified category of written-off vehicle under this 30 Division. 5 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 5 (3) The Chief Commissioner of Police may authorise in writing for the purposes of section 16D(4) a specified member or Victorian Legislation and Parliamentary Documents members of the police force. 5 (4) For the purposes of the definition of "domestic partner" in sub-section (1)-- (a) in determining whether persons are domestic partners of each other, all the circumstances of their relationship are 10 to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case; 15 (b) a person is not a domestic partner of another person only because they are co-tenants.'. 5. When is a vehicle written off? (1) In section 16C(1)(b) of the Principal Act, for "the 20 insurer or self-insurer of the vehicle or, if there is no insurer or self-insurer, the registered operator of the vehicle" substitute "an insurer (whether or not the insurer of the vehicle) or the self-insurer of the vehicle or, if there is no insurer or self-insurer 25 of the vehicle, the registered operator of the vehicle or, if the registration of the vehicle has been cancelled, the person who was the registered operator of the vehicle immediately before that cancellation". 30 (2) After section 16C(1) of the Principal Act insert-- "(1A) For the purposes of this Division, a motor vehicle is also written off if it is entered on an interstate written-off vehicles register.". 6 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 6 (3) After section 16C(5) of the Principal Act insert-- "(6) An insurer or self-insurer, in making a Victorian Legislation and Parliamentary Documents determination under sub-section (1)(b), may determine that the vehicle is a statutory 5 write-off or a repairable write-off.". 6. Register of written-off vehicles (1) After section 16D(2) of the Principal Act insert-- "(2A) In entering a vehicle on the register of written-off vehicles, the Corporation is 10 entitled to rely on a determination made by an insurer or self-insurer under section 16C(1)(b) that a written-off vehicle is a statutory write-off or a repairable write-off and is not required to make any enquiries of 15 its own in relation to the matter before entering the vehicle on the register as such.". (2) After section 16D(3) of the Principal Act insert-- "(4) If-- (a) a vehicle is entered on the register of 20 written-off vehicles as a repairable write-off; and (b) a member of the police force authorised by the Chief Commissioner of Police for the purposes of this sub-section 25 notifies the Corporation in writing that the entry of the vehicle on the register should be as a statutory write-off-- the Corporation must amend the entry accordingly.". 30 7. Appeals regarding written-off vehicle registration (1) In section 16E(1)(b) of the Principal Act, for "refuse to amend" substitute "amend, or refuse to amend,". 7 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 7 (2) For section 16E(2) of the Principal Act substitute-- Victorian Legislation and Parliamentary Documents "(2) An appeal may be made under sub- section (1) by-- 5 (a) a person who notified the Corporation that the vehicle was a written-off vehicle; or (b) the person who was the registered operator of the vehicle when it became 10 a written-off vehicle or, if the registration of the vehicle was then cancelled, immediately before that cancellation; or (c) a person who was the spouse or a 15 domestic partner of a person referred to in paragraph (a) or (b) when the notification was made or the vehicle became a written-off vehicle (as the case requires). 20 (2A) A person may only appeal on one or more of the following grounds-- (a) in the case of an appeal against an amendment of an entry made under section 16D(4), that the vehicle was not 25 a statutory write-off when the amendment was made; (b) in the case of an appeal against any other amendment of, or against a refusal to amend, an entry, that the 30 vehicle did not satisfy the criteria for the category of written-off vehicle under which it was registered when it was entered on the register; 8 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 8 (c) in the case of an appeal against a refusal to remove an entry, that the vehicle was not a written-off vehicle Victorian Legislation and Parliamentary Documents when it was entered on the register.". 5 (3) In section 16E(3)(a) of the Principal Act, for "refusal" substitute "decision". Division 2--Drink Driving Provisions 8. Breath alcohol analysis (1) In section 3(1) of the Principal Act-- 10 (a) in paragraph (b) of the definition of "breath analysing instrument" after "blood" insert "or breath"; (b) for paragraph (a) of the definition of "drink- driving infringement" substitute-- 15 "(a) the concentration of alcohol-- (i) in the blood of the person is less than 015 grams per 100 millilitres of blood; or (ii) in the breath of the person is less 20 than 015 grams per 210 litres of exhaled air-- as the case requires; and"; (c) for paragraph (b) of the definition of "prescribed concentration of alcohol" 25 substitute-- "(b) in the case of any other person-- (i) a concentration of alcohol present in the blood of that person of 005 grams per 100 millilitres of 30 blood; or 9 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 8 (ii) a concentration of alcohol present in the breath of that person of Victorian Legislation and Parliamentary Documents 005 grams per 210 litres of exhaled air;". 5 (2) In section 47(c) of the Principal Act, after "blood" insert "or breath". (3) In section 48(1)(a) of the Principal Act-- (a) after "blood" (where first occurring) insert "or breath"; 10 (b) after "blood" (where secondly occurring) insert "or breath (as the case requires)". (4) In section 48(1A) of the Principal Act, after "blood" (where first occurring) insert "or breath". (5) In section 49(1)(b) of the Principal Act, after 15 "blood" insert "or breath". (6) In section 49(1)(f) of the Principal Act, after "blood" (where twice occurring) insert "or breath". (7) In section 49(7)(a) of the Principal Act, after 20 "blood" insert "or breath". (8) For section 50(1)(a) of the Principal Act substitute-- "(a) the concentration of alcohol-- (i) in the blood of that person was less than 25 005 grams per 100 millilitres of blood; or (ii) in the breath of that person was less than 005 grams per 210 litres of exhaled air-- 30 as the case requires; and". (9) In section 50(1A) of the Principal Act, after "blood" (where twice occurring) insert "or breath". 10 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 8 (10) In section 50(1AB) of the Principal Act-- (a) after "the blood" insert "or breath"; Victorian Legislation and Parliamentary Documents (b) after "of blood" (where twice occurring) insert "or 210 litres of exhaled air (as the 5 case requires)". (11) For section 50(3)(b) of the Principal Act substitute-- "(b) the concentration of alcohol-- (i) in the blood of that person was less than 10 010 grams per 100 millilitres of blood; or (ii) in the breath of that person was less than 010 grams per 210 litres of exhaled air-- 15 as the case requires; and". (12) For section 50(4A)(a)(i) of the Principal Act substitute-- "(i) a first offence and the level of concentration of alcohol-- 20 (A) in that person's blood was 015 grams or more per 100 millilitres of blood; or (B) in that person's breath was 015 grams or more per 210 litres of exhaled air-- as the case requires; or". 25 (13) For section 50AAA(2)(b) of the Principal Act substitute-- "(b) in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol-- 30 (i) in the person's blood at the relevant time was 015 grams or more per 100 millilitres of blood; or 11 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 8 (ii) in the person's breath at the relevant time was 015 grams or more per Victorian Legislation and Parliamentary Documents 210 litres of exhaled air-- as the case requires--". 5 (14) For section 50AAB(3)(a)(ii) of the Principal Act substitute-- "(ii) in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol-- 10 (A) in the person's blood at the relevant time was less than 015 grams per 100 millilitres of blood; or (B) in the person's breath at the relevant time was less than 015 grams per 15 210 litres of exhaled air-- as the case requires; or". (15) In section 50A(1) of the Principal Act-- (a) after "blood" (where first occurring) insert "or breath (as the case requires)"; 20 (b) after "blood" (where secondly occurring) insert "or 210 litres of exhaled air (as the case requires)". (16) In section 51(1)(a) of the Principal Act-- (a) after "blood" (where first occurring) insert 25 "or breath (as the case requires)"; (b) for sub-paragraphs (i) and (ii) substitute-- "(i) if the person holds a full driver licence-- (A) 015 grams or more per 30 100 millilitres of blood; or (B) 015 grams or more per 210 litres of exhaled air; or 12 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 8 (ii) if the person holds a learner permit or probationary driver licence-- Victorian Legislation and Parliamentary Documents (A) 007 grams or more per 100 millilitres of blood; or 5 (B) 007 grams or more per 210 litres of exhaled air; or". (17) In section 51(1B) of the Principal Act-- (a) in paragraph (b), after "person's" (where first occurring) insert "breath or"; 10 (b) in paragraph (c)(i) and (ii) for "per 100 millilitres of blood or more" substitute "or more per 210 litres of exhaled air or 100 millilitres of blood (as the case requires)". 15 (18) In section 51(3)(b)(ii) of the Principal Act, before "blood" insert "breath or". (19) Insert the following heading to section 52 of the Principal Act-- "Zero blood or breath alcohol". 20 (20) In section 52(2) of the Principal Act, after "blood" insert "or breath". (21) In section 55(1)(a) of the Principal Act, after "blood" insert "or breath". (22) In section 55(2A) of the Principal Act, after 25 "blood" insert "or 210 litres of exhaled air". (23) In section 55(4) of the Principal Act, after "blood" insert "or breath". (24) In section 55(9A)(b) and (14) of the Principal Act, after "blood" insert "or 210 litres of exhaled air". 30 (25) In section 58(1) and (2) of the Principal Act, after "blood" (wherever occurring) insert "or breath". 13 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 8 (26) In section 58A(1) of the Principal Act-- (a) before "blood" (where first occurring) insert Victorian Legislation and Parliamentary Documents "breath or"; (b) after "per" insert "210 litres of exhaled air 5 or"; (c) after "blood" (where thirdly occurring) insert "(as the case requires)". (27) In section 84A of the Principal Act, after "blood" insert "or breath". 10 (28) In section 88(2)(a) of the Principal Act, after "blood" insert "or breath". (29) In section 89C(1) of the Principal Act-- (a) after "blood" (where first and secondly occurring) insert "or breath"; 15 (b) in paragraph (a)(i) and (ii), for "per 100 millilitres of blood or more" substitute "or more per 100 millilitres of blood or 210 litres of exhaled air (as the case requires)". 20 (30) In section 89C(8) of the Principal Act-- (a) after "person's blood" insert "or breath"; (b) after "per 100 millilitres of blood" insert "or 210 litres of exhaled air (as the case requires)". 25 (31) In the heading of Column 1 of Schedule 1 to the Principal Act, after "blood" (where secondly occurring) insert "or in breath in grams per 210 litres of exhaled air". 14 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 9 9. Amendment of unproclaimed amending provision Act No. In section 10(f) of the Road Safety (Responsible 46/2002. Victorian Legislation and Parliamentary Documents Driving) Act 2002-- (a) after "100 millilitres of blood" (where first 5 occurring) insert "or 210 litres of exhaled air (as the case requires)"; (b) for "per 100 millilitres of blood or more" (where twice occurring) substitute "or more per 100 millilitres of blood or 210 litres of 10 exhaled air (as the case requires)". 10. Future amendments (1) In section 3(1) of the Principal Act, in paragraph (b) of the definition of "breath analysing instrument" omit "blood or". 15 (2) In section 48(1A) of the Principal Act omit "blood or". (3) In section 49(1)(f) of the Principal Act omit "blood or", where twice occurring. (4) In section 55(1)(a) of the Principal Act omit 20 "blood or". (5) In section 55(2A) of the Principal Act omit "100 millilitres of blood or". (6) In section 55(4) of the Principal Act omit "blood or". 25 (7) In section 55(9A)(b) and (14) of the Principal Act omit "100 millilitres of blood or". (8) In section 58(1) and (2) of the Principal Act omit "blood or", wherever occurring. 11. Requirement to stop at preliminary breath testing 30 station (1) In section 49(1)(d) of the Principal Act, after "vehicle" insert ", and remain stopped,". 15 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 12 (2) In section 53(1)(b) of the Principal Act, after "stop" insert ", and remain stopped". Victorian Legislation and Parliamentary Documents (3) In section 54(3) of the Principal Act, after "vehicle" insert "and remain stopped until a 5 member of the police force on duty at the station indicates that the driver may proceed". 12. Requirement to provide blood sample In section 55(9A) of the Principal Act, for "or (2AA)" substitute ", (2AA) or (2A)". 10 13. Service of certificates (1) In section 57(5) of the Principal Act omit "personally". (2) After section 57(5) of the Principal Act insert-- "(5A) A copy of a certificate given under this 15 section may be served on the accused by-- (a) delivering it to the accused personally; or (b) leaving it for the accused at his or her last or most usual place of residence or 20 of business with a person who apparently resides or works there and who apparently is not less than 16 years of age.". (3) In section 57(6) of the Principal Act, for "the 25 person who has personally" substitute "a person who has". (4) In section 57(12) of the Principal Act, after "(5)," insert "(5A),". (5) In section 57A(6) of the Principal Act omit 30 "personally". 16 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 14 (6) After section 57A(6) of the Principal Act insert-- "(6A) A copy of a certificate given under this Victorian Legislation and Parliamentary Documents section may be served on the accused by-- (a) delivering it to the accused personally; 5 or (b) leaving it for the accused at his or her last or most usual place of residence or of business with a person who apparently resides or works there and 10 who apparently is not less than 16 years of age.". (7) In section 57A(7) of the Principal Act, for "the person who has personally" substitute "a person who has". 15 14. Proof of authority to operate breath analysing instrument For section 58(3) of the Principal Act substitute-- "(3) In any proceeding under this Act-- 20 (a) the statement of any person that on a particular date he or she was authorised by the Chief Commissioner of Police under section 55 to operate breath analysing instruments; or 25 (b) a certificate purporting to be signed by the Chief Commissioner of Police that a person named in it is authorised by the Chief Commissioner under section 55 to operate breath analysing 30 instruments-- is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that person.". 17 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 15 15. PERIN (1) Insert the following heading to section 89E of the Victorian Legislation and Parliamentary Documents Principal Act-- "Application and modification of Schedule 7 to 5 Magistrates' Court Act 1989". (2) In section 89E(1) of the Principal Act-- (a) in paragraph (c), for "and (b)." substitute "and (b);"; (b) after paragraph (c) insert-- 10 "(d) clause 10A.". Division 3--"Owner Onus" Provisions 16. Offences detected by a photographic detection device (1) In section 66(1), (3), (3A), (4) and (5) of the 15 Principal Act, after "motor vehicle" (wherever occurring) insert "or trailer". (2) In section 66(3)(a) of the Principal Act-- (a) for sub-paragraph (iii) substitute-- "(iii) a courtesy letter under Schedule 7 to 20 the Magistrates' Court Act 1989--"; (b) for "the informant" substitute "an enforcement official". (3) After section 66(3)(a) of the Principal Act insert-- 25 "(ab) another person against whom a charge has been filed, or on whom a traffic infringement notice has been served, in relation to the driving of the motor vehicle or trailer at the relevant time supplies to an enforcement 30 official in a sworn statement in writing or in a statutory declaration the name and address 18 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 17 of the person who was driving the motor vehicle or trailer at the relevant time; or". Victorian Legislation and Parliamentary Documents (4) In section 66(3)(b) of the Principal Act, for "the informant" substitute "an enforcement official". 5 (5) After section 66(3) of the Principal Act insert-- '(3AA) In sub-section (3) "an enforcement official" means-- (a) the informant in any proceeding commenced against the owner or 10 another person; or (b) the person who served (or caused to be served) a traffic infringement notice on the owner or another person; or (c) the person who served (or caused to be 15 served) a courtesy letter under Schedule 7 to the Magistrates' Court Act 1989-- in relation to the driving of the motor vehicle or trailer at the relevant time.'. 20 (6) In section 66(3A) and (4) of the Principal Act, after "(3)(a)" insert "or (ab)". 17. Liability of owner for parking infringement (1) In section 86(3)(a) of the Principal Act-- (a) for sub-paragraph (iii) substitute-- 25 "(iii) a courtesy letter under Schedule 7 to the Magistrates' Court Act 1989--"; (b) for "the informant" substitute "an enforcement official". 19 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 17 (2) After section 86(3)(a) of the Principal Act insert-- Victorian Legislation and Parliamentary Documents "(ab) another person against whom a charge has been filed, or on whom a parking 5 infringement notice has been served, in relation to the parking infringement concerned supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address 10 of the person who was in charge of the motor vehicle at the relevant time; or". (3) For section 86(4) of the Principal Act substitute-- '(4) In sub-section (3) "an enforcement 15 official" means-- (a) the informant in any proceeding commenced against the owner or another person; or (b) the person who served (or caused to be 20 served) a parking infringement notice on the owner or another person; or (c) the person who served (or caused to be served) a courtesy letter under Schedule 7 to the Magistrates' Court 25 Act 1989 on the owner or another person-- in relation to the parking infringement concerned.'. (4) In section 86(4A) and (5) of the Principal Act, 30 after "(3)(a)" insert "or (ab)". 20 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 18 Division 4--Point to Point Camera System 18. Owner-onus offences Victorian Legislation and Parliamentary Documents In section 66(1)(b) of the Principal Act, after "device" insert "or by a prescribed process". 5 19. New sections 78 and 78A inserted After section 77 of the Principal Act insert-- '78. Average speed evidence of actual speed in certain circumstances (1) If, in any proceedings for an offence against 10 this Act or the regulations-- (a) the speed at which a motor vehicle travelled is relevant; and (b) the prosecution relies on the average speed of the motor vehicle between 15 2 points on a road as determined in accordance with sub-section (2)-- the average speed so determined is evidence, and in the absence of evidence of the actual speed of the motor vehicle to the contrary is 20 proof, of the speed of the motor vehicle. (2) For the purposes of sub-section (1), the average speed of a motor vehicle between 2 points on a road expressed in kilometres per hour is calculated in accordance with the 25 following formula and rounded down to the next whole number-- D×36 T where-- D is the shortest distance, expressed in metres, that would be travelled by a 30 motor vehicle on the road between the 2 points; 21 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 20 T is the time, expressed in seconds, that has elapsed between the motor vehicle passing the first and second points. Victorian Legislation and Parliamentary Documents (3) This section does not derogate from any 5 other mode of proof of the speed of the motor vehicle. 78A. Evidence of road distance (1) A certificate in the prescribed form purporting to be issued by an approved 10 surveyor certifying as to the shortest distance, expressed in metres, that would be travelled by a motor vehicle on a road between 2 points is admissible in evidence in any proceedings and, in the absence of 15 evidence to the contrary, is proof of that distance. (2) In this section, "approved surveyor" means a licensed surveyor within the meaning of the Surveyors Act 1978 who is approved for 20 the purposes of this section by the Surveyor- General or by the Corporation.'. 20. General evidentiary provisions After section 84(7)(a) of the Principal Act insert-- 25 "(ab) an image or message produced by a prescribed process when used in the prescribed manner; or". 21. New section 84B inserted After section 84A of the Principal Act insert-- 30 "84B. Surveillance Devices Act 1999 A prescribed process is not a surveillance device within the meaning of the Surveillance Devices Act 1999.". 22 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 22 22. Regulations In items 39, 39A, 49B and 49C of Schedule 2 to Victorian Legislation and Parliamentary Documents the Principal Act, after "devices" insert "or processes". 5 Division 5--Heavy Vehicles 23. Identification of uniformed police officers during inspection or search (1) For section 116(4) of the Principal Act substitute-- 10 "(4) In the case of an inspector who is a member of the police force and who is in uniform, before starting to inspect or search the vehicle he or she must, if requested to do so by the driver or person, state orally his or her 15 name, rank and place of duty.". (2) In section 116(6) of the Principal Act, for "or (3)" substitute ", (3) or (4)". (3) For section 117(3) of the Principal Act substitute-- 20 "(3) An inspector who is a member of the police force and who is in uniform conducting an inspection or a search of a heavy vehicle under this Division must, if requested to do so by the driver or other person apparently in 25 charge of the vehicle, state orally his or her name, rank and place of duty unless he or she has already done so to that driver or other person in compliance with section 116 or this sub-section.". 23 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 24 (4) For section 126(5) of the Principal Act substitute-- Victorian Legislation and Parliamentary Documents "(5) In the case of an inspector who is a member of the police force and who is in uniform, 5 before starting to inspect or search the premises he or she must, if requested to do so by an occupier, state orally his or her name, rank and place of duty.". (5) In section 126(6) of the Principal Act, for "or (4)" 10 substitute ", (4) or (5)". (6) For section 127(3) of the Principal Act substitute-- "(3) An inspector who is a member of the police force and who is in uniform conducting an 15 inspection or a search of premises under this Division must, if requested to do so by an occupier (within the meaning of section 126) of the premises, state orally his or her name, rank and place of duty unless he or she has 20 already done so to that occupier in compliance with section 126 or this sub- section.". 24. Subject-matter for Regulations (1) In item 8 of Schedule 2 to the Principal Act, after 25 "suspended" insert "(including, in the case of a heavy vehicle to which a requirement referred to in item 39B or 39C applies, where the Corporation is notified of the vehicle being detected exceeding a specified speed in another State or a Territory)". 30 (2) In items 39B and 39C of Schedule 2 to the Principal Act, after "Requiring" insert "in specified circumstances (including where the Corporation is notified of the vehicle being detected exceeding a specified speed in another 35 State or a Territory)". 24 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 25 (3) In Schedule 2 to the Principal Act, after item 39C insert-- Victorian Legislation and Parliamentary Documents "39D. The circumstances in which a requirement referred to in item 39B or 39C applying to a heavy vehicle or to 5 an owner of a heavy vehicle continues to apply to the vehicle or to an owner of the vehicle despite any transfer of registration since the imposing of the requirement.". Division 6--Calculation of Demerit Points 10 25. Demerits Register Act No. (1) In section 5(3) of the Road Safety (Responsible 46/2002. Driving) Act 2002, in the proposed new paragraph (a) of section 25(3B) of the Road Safety Act 1986-- 15 (a) after "driver licence" insert "or who holds a learner permit or probationary driver licence and also holds, or has held, a full driver licence"; (b) after "the licence" insert "or permit". 20 (2) In section 5(3) of the Road Safety (Responsible Driving) Act 2002, in the proposed new paragraph (ab) of section 25(3B) of the Road Safety Act 1986, after "probationary driver licence" insert "and who does not hold, and has 25 never held, a full driver licence". (3) In section 5(5) of the Road Safety (Responsible Driving) Act 2002, in the proposed new paragraph (a) of section 25(3D) of the Road Safety Act 1986-- 30 (a) in sub-paragraph (i), after "full driver licence" insert "or a learner permit or probationary driver licence held by a person who also holds, or has held, a full driver licence"; 25 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 26 (b) after "probationary driver licence" insert "held by a person who does not hold, and has never held, a full driver licence". Victorian Legislation and Parliamentary Documents Division 7--Transitional Provisions 5 26. New section 103D inserted After section 103C of the Principal Act insert-- "103D. Application of amendments made by the Road Safety (Amendment) Act 2003 (1) The amendments to section 16E of this Act 10 made by section 7 of the Road Safety (Amendment) Act 2003 apply to an entry on the register of written-off vehicles, whether the entry was made before, on or after the commencement of that section 7 but section 15 16E (as in force immediately before that commencement) continues to apply with respect to any appeal made under that section before that commencement. (2) The amendments to sections 66 and 86 of 20 this Act made by Division 3 of Part 2 of the Road Safety (Amendment) Act 2003 apply to offences alleged to have been committed before, on or after the commencement of that Division and irrespective of whether or not a 25 charge was filed or a courtesy letter, traffic infringement notice or parking infringement notice was served before that commencement.". 26 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 2--Amendment of Road Safety Act 1986 s. 27 Division 8--Minor Amendments 27. Minor amendments Victorian Legislation and Parliamentary Documents (1) In section 3(1) of the Principal Act, for the definition of "dentist" substitute-- 5 ' "dentist" means a registered dentist within the meaning of the Dental Practice Act 1999;'. (2) In section 3(1) of the Principal Act, after paragraph (a) of the definition of "parking infringement" insert-- 10 "(b) a local law made by a municipal council; or". (3) In section 25(2) of the Principal Act, for "points incurred" substitute "points incurred,". (4) In section 52(1D) of the Principal Act, for "48(1AA)" substitute "3AA(1)(c)". 15 (5) Section 66(3)(a)(ii) of the Principal Act is repealed. (6) Section 77(1) of the Principal Act is repealed. (7) In section 86(3)(a) of the Principal Act-- (a) after sub-paragraph (i) insert "or"; 20 (b) sub-paragraph (ii) is repealed. (8) In section 112(3) of the Principal Act, for "sub- sections (1)(c) and (1)(d)" substitute "sub-section (1)(c) or inspections and searches under sub- section (1)(d)". 25 (9) In section 119 of the Principal Act, in paragraph (a) of the definition of "authorised inspector", for "112(1)(b)" substitute "112(1)(c)". __________________ 27 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 3--Amendment of Transport Act 1983 s. 28 PART 3--AMENDMENT OF TRANSPORT ACT 1983 Victorian Legislation and Parliamentary Documents 28. Breath alcohol analysis See: (1) In section 92 of the Transport Act 1983, omit Act No. "blood--". 9921. Reprint No. 9 5 (2) In section 93(1) of the Transport Act 1983, for as at 15 July 2003 the definition of "prescribed concentration of and alcohol" substitute-- amending Act Nos ' "prescribed concentration of alcohol" means 54/2002, 23/2003, any concentration of alcohol present in the 34/2003, 10 breath or blood of a person;'. 44/2003 and 59/2003. LawToday: (3) In section 93(5) of the Transport Act 1983-- www.dms. dpc.vic. (a) after "blood" (where first occurring) insert gov.au "or breath"; (b) after "blood" (where secondly occurring) 15 insert "or breath (as the case requires)". (4) In section 93(6) of the Transport Act 1983, after "blood" (where first occurring) insert "or breath". (5) In section 94(1)(a) of the Transport Act 1983, after "blood" insert "or breath". 20 (6) In section 94(1)(d) of the Transport Act 1983, after "blood" (where twice occurring) insert "or breath". (7) In section 94(6)(a) of the Transport Act 1983, after "blood" insert "or breath". 25 (8) In section 95(2)(a)(ii) of the Transport Act 1983, after "blood" insert "or breath". (9) In section 96(1)(a) of the Transport Act 1983, after "blood" insert "or breath". (10) In section 96(2) of the Transport Act 1983, after 30 "blood" insert "or 210 litres of exhaled air". 28 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 3--Amendment of Transport Act 1983 s. 29 (11) In section 96(4) of the Transport Act 1983, after "blood" insert "or breath". Victorian Legislation and Parliamentary Documents (12) In section 96(8)(b) and (17) of the Transport Act 1983, after "blood" insert "or 210 litres of exhaled 5 air". (13) In section 99(1) and (2) of the Transport Act 1983, after "blood" (wherever occurring) insert "or breath". (14) In section 117(4A)(a) of the Transport Act 1983, 10 after "blood" insert "or breath". (15) In section 208 of the Transport Act 1983, for paragraph (a) of the definition of "safety work infringement" substitute-- "(a) the concentration of alcohol in the blood or 15 breath of the worker is less than 015 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); and". (16) In section 215B(2) of the Transport Act 1983, after "blood" insert "or breath". 20 29. Future amendments (1) In section 93(6) of the Transport Act 1983 omit "blood or". (2) In section 94(1)(d) of the Transport Act 1983 omit "blood or" (where twice occurring). 25 (3) In section 95(2)(a)(ii) of the Transport Act 1983 omit "blood or". (4) In section 96(1)(a) of the Transport Act 1983 omit "blood or". (5) In section 96(2) of the Transport Act 1983 omit 30 "100 millilitres of blood or". (6) In section 96(4) of the Transport Act 1983 omit "blood or". 29 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 3--Amendment of Transport Act 1983 s. 30 (7) In section 96(8)(b) and (17) of the Transport Act 1983 omit "100 millilitres of blood or". Victorian Legislation and Parliamentary Documents (8) In section 99(1) and (2) of the Transport Act 1983 omit "blood or" (wherever occurring). 5 30. Requirement to provide blood sample (1) In section 96(2) of the Transport Act 1983, after "sub-section (1)" insert "or (1A)". (2) In section 96(8) of the Transport Act 1983, after "(1)" insert ", (1A) or (2)". 10 31. Service of certificates under section 98 (1) In section 98(5) of the Transport Act 1983 omit "personally". (2) After section 98(5) of the Transport Act 1983 insert-- 15 "(5A) A copy of a certificate given under this section may be served on the accused by-- (a) delivering it to the accused personally; or (b) leaving it for the accused at his or her 20 last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age.". 25 (3) In section 98(6) of the Transport Act 1983, for "the person who has personally" substitute "a person who has". (4) In section 98(14) of the Transport Act 1983, after "(5)," insert "(5A),". 30 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 3--Amendment of Transport Act 1983 s. 32 32. Proof of authority to operate breath analysing instrument Victorian Legislation and Parliamentary Documents For section 99(8) of the Transport Act 1983 substitute-- 5 "(8) In any proceeding under this Act-- (a) the statement of any person that on a particular date he or she was authorised by the Chief Commissioner of Police under section 96 to operate breath 10 analysing instruments; or (b) a certificate purporting to be signed by the Chief Commissioner of Police that a person named in it is authorised by the Chief Commissioner under section 96 15 to operate breath analysing instruments-- is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that person.". 20 33. PERIN In section 215E(1) of the Transport Act 1983, after "and (6)," insert "10A,". __________________ 31 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 4--Amendment of Marine Act 1988 s. 34 PART 4--AMENDMENT OF MARINE ACT 1988 Victorian Legislation and Parliamentary Documents 34. Breath alcohol analysis See: (1) In section 3(1) of the Marine Act 1988, in the Act No. definition of "prescribed concentration of 52/1988. 5 Reprint No. 5 alcohol"-- as at 7 February (a) in paragraph (a), after "blood" insert "or 2002 breath"; and amending (b) for paragraph (b) substitute-- Act Nos 77/2001, 11/2002 and "(b) in the case of any other person-- 46/2002. 10 LawToday: (i) a concentration of alcohol present www.dms. in the blood of that person of dpc.vic. gov.au 005 grams per 100 millilitres of blood; or (ii) a concentration of alcohol present 15 in the breath of that person of 005 grams per 210 litres of exhaled air;". (2) In section 27(1) of the Marine Act 1988-- (a) after "blood" (where first occurring) insert 20 "or breath"; (b) after "blood" (where secondly occurring) insert "or breath (as the case requires)". (3) In section 27(1A) of the Marine Act 1988, after "blood" (where first occurring) insert "or breath". 25 (4) In section 28(1)(b) of the Marine Act 1988, after "blood" insert "or breath". (5) In section 28(1)(e) of the Marine Act 1988, after "blood" (where twice occurring) insert "or breath". 30 (6) In section 28(8)(a) of the Marine Act 1988, after "blood" insert "or breath". 32 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 4--Amendment of Marine Act 1988 s. 34 (7) For section 28C(1)(a) of the Marine Act 1988 substitute-- Victorian Legislation and Parliamentary Documents "(a) section 28(1)(b), (e) or (f) where it is alleged that the concentration of alcohol-- 5 (i) in the blood of that person was 015 grams or more per 100 millilitres of blood; or (ii) in the breath of that person was 015 grams or more per 210 litres of 10 exhaled air; or". (8) In section 31(1)(a) of the Marine Act 1988, after "blood" insert "or breath". (9) In section 31(2A) of the Marine Act 1988, after "blood" insert "or 210 litres of exhaled air". 15 (10) In section 31(4) of the Marine Act 1988, after "blood" insert "or breath". (11) In section 31(9A)(b) and (12B) of the Marine Act 1988, after "blood" insert "or 210 litres of exhaled air". 20 (12) In section 33(1) and (2) of the Marine Act 1988, after "blood" (wherever occurring) insert "or breath". (13) In section 33A(1) of the Marine Act 1988-- (a) before "blood" (where first occurring) insert 25 "breath or"; (b) after "per" insert "210 litres of exhaled air or"; (c) after "blood" (where thirdly occurring) insert "(as the case requires)". 33 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 4--Amendment of Marine Act 1988 s. 35 (14) For section 61A(1)(a) of the Marine Act 1988 substitute-- Victorian Legislation and Parliamentary Documents "(a) the concentration of alcohol-- (i) in the blood of the person is less than 5 015 grams per 100 millilitres of blood; or (ii) in the breath of the person is less than 015 grams per 210 litres of exhaled air-- 10 as the case requires; and". (15) In section 61BA(1)(a) of the Marine Act 1988, before "blood" insert "breath or". 35. Future amendments (1) In section 27(1A) of the Marine Act 1988 omit 15 "blood or". (2) In section 28(1)(e) of the Marine Act 1988 omit "blood or" (where twice occurring). (3) In section 31(1)(a) of the Marine Act 1988 omit "blood or". 20 (4) In section 31(2A) of the Marine Act 1988 omit "100 millilitres of blood or". (5) In section 31(4) of the Marine Act 1988 omit "blood or". (6) In section 31(9A)(b) and (12B) of the Marine Act 25 1988 omit "100 millilitres of blood or". (7) In section 33(1) and (2) of the Marine Act 1988 omit "blood or" (wherever occurring). 34 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 4--Amendment of Marine Act 1988 s. 36 36. Requirement to provide blood sample In section 31(9A) of the Marine Act 1988, for Victorian Legislation and Parliamentary Documents "or (2)" substitute ", (2) or (2A)". 37. Service of certificates under section 32 5 (1) In section 32(5) of the Marine Act 1988 omit "personally". (2) After section 32(5) of the Marine Act 1988 insert-- "(5A) A copy of a certificate given under this 10 section may be served on the accused by-- (a) delivering it to the accused personally; or (b) leaving it for the accused at his or her last or most usual place of residence or 15 of business with a person who apparently resides or works there and who apparently is not less than 16 years of age.". (3) In section 32(6) of the Marine Act 1988, for "the 20 person who has personally" substitute "a person who has". 38. Proof of authority to operate breath analysing instrument For section 33(3) of the Marine Act 1988 25 substitute-- "(3) In any proceeding under this Act-- (a) the statement of any person that on a particular date he or she was authorised by the Chief Commissioner of Police 30 under section 31 to operate breath analysing instruments; or 35 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 4--Amendment of Marine Act 1988 s. 39 (b) a certificate purporting to be signed by the Chief Commissioner of Police that a person named in it is authorised by the Victorian Legislation and Parliamentary Documents Chief Commissioner under section 31 5 to operate breath analysing instruments-- is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that person.". 10 39. PERIN In section 61C(1) of the Marine Act 1988-- (a) in paragraph (c), for "and (b)." substitute "and (b);"; (b) after paragraph (c) insert-- 15 "(d) clause 10A.". __________________ 36 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 5--Amendment of Other Acts s. 40 PART 5--AMENDMENT OF OTHER ACTS Victorian Legislation and Parliamentary Documents See: 40. Amendment of Accident Compensation Act 1985 Act No. 10191. In section 82(4A)(c) of the Accident Reprint No. 12 Compensation Act 1985, for "was 0.24 grams or as at 5 6 March 2003 more per 100 millilitres of blood" substitute "in and the person's blood was 024 grams or more per amending Act Nos 100 millilitres of blood or in the person's breath 50/1994, was 024 grams or more per 210 litres of exhaled 60/1996, 107/1997 and air, as the case requires". 60/2003. LawToday: www.dms. dpc.vic. gov.au 10 See: 41. Amendment of Transport Accident Act 1986 Act No. 111/1986. (1) In section 40(3) of the Transport Accident Act Reprint No. 8 1986-- as at 1 August 2001 and (a) in paragraph (b), for "was 024 grams or amending more per 100 millilitres of blood" substitute Act Nos 15 27/2001, "in the person's blood was 024 grams or 44/2001, more per 100 millilitres of blood or in the 54/2001 and 11/2002. person's breath was 024 grams or more per LawToday: 210 litres of exhaled air, as the case www.dms. dpc.vic. requires"; and gov.au 20 (b) after "the blood" insert "or breath". (2) In section 40(4)(b) of the Transport Accident Act 1986, for "was more than 005 grams per 100 millilitres of blood" substitute "in the person's blood was more than 005 grams per 25 100 millilitres of blood or in the person's breath was more than 005 grams per 210 litres of exhaled air, as the case requires". (3) In sections 40(5), 40A(4)(b) and 40A(5)(a) and (c) of the Transport Accident Act 1986, after 30 "blood" insert "or breath". 37 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 5--Amendment of Other Acts s. 42 (4) In section 40A(5)(b) of the Transport Accident Act 1986, after "the blood" insert "or breath". Victorian Legislation and Parliamentary Documents 42. Tolling system not surveillance device See: At the end of section 70 of the Melbourne City Act No. 5 Link Act 1995 insert-- 107/1995. Reprint No. 5 "(2) The tolling system that complies with the as at 31 December Agreement, the Integration and Facilitation 2002 and Agreement or the Extension Agreement (as amending Act No. the case requires) is not a surveillance device 59/2003. 10 within the meaning of the Surveillance LawToday: www.dms. Devices Act 1999.". dpc.vic. gov.au 43. Offences detected by prescribed tolling device (1) In section 87(3)(a) and (b) of the Melbourne City Link Act 1995, for "the enforcement officer" 15 substitute "an enforcement official". (2) After section 87(3)(a) of the Melbourne City Link Act 1995 insert-- "(ab) another person against whom a charge has been filed, or on whom an infringement 20 notice has been served, in relation to the driving of the vehicle at the relevant time supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address of the 25 person who was driving the vehicle at the relevant time; or". (3) After section 87(3) of the Melbourne City Link Act 1995 insert-- '(3A) In sub-section (3) "an enforcement 30 official" means-- (a) the informant in any proceeding commenced against the owner or another person; or 38 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 5--Amendment of Other Acts s. 44 (b) the enforcement officer who caused an infringement notice to be served on the owner or another person; or Victorian Legislation and Parliamentary Documents (c) the person who served (or caused to be 5 served) a courtesy letter under Schedule 7 to the Magistrates' Court Act 1989 on the owner or another person-- in relation to the driving of the vehicle at the 10 relevant time.'. (4) In section 87(4) and (5) of the Melbourne City Link Act 1995, after "(3)(a)" insert "or (ab)". 44. New section 120 inserted After section 119 of the Melbourne City Link 15 Act 1995 insert-- "120. Application of amendments made by the Road Safety (Amendment) Act 2003 The amendments to section 87 of this Act made by Part 5 of the Road Safety 20 (Amendment) Act 2003 apply to offences alleged to have been committed before, on or after the commencement of that Part and irrespective of whether or not a charge was filed or a courtesy letter or infringement 25 notice was served before that commencement.". __________________ 39 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Part 6--Consequential Amendments s. 45 PART 6--CONSEQUENTIAL AMENDMENTS Victorian Legislation and Parliamentary Documents 45. Magistrates' Court Act 1989 In clause 14(2) of Schedule 7 to the Magistrates' Court Act 1989-- 5 (a) in paragraph (b)(ii), for "by the owner of the vehicle under section 86(3)(a)" substitute "under section 86(3)(a) or (ab)"; (b) in paragraph (c)(ii), for "by the owner of the motor vehicle under section 66(3)(a)" 10 substitute "under section 66(3)(a) or (ab)"; (c) in paragraph (d)(ii), for "by the owner of the vehicle under section 87(3)(a)" substitute "under section 87(3)(a) or (ab)". 40 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

Road Safety (Amendment) Act 2003 Act No. Endnotes ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 41 551111B.A1-7/11/2003 BILL LA AS SENT 7/11/2003

 


 

 


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