Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Road Safety Amendment Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
General
Part 1 sets out the purposes of the Road Safety Amendment Bill 2012
("Bill"). The main purposes of the Bill are to make amendments
to the Road Safety Act 1986 to establish a safe driving programs
scheme for "hoon" offenders, make changes to the vehicle
impoundment and immobilisation scheme to reduce costs
associated with the administration of that scheme and introduce
new criteria for assessing whether a damaged light motor vehicle
is a statutory write-off.
Part 1 also sets out the commencement dates for the Bill.
The Bill comes into operation on a day or days to be proclaimed.
If a provision of the Bill does not come into operation before
1 April 2013, it comes into operation on that day.
Part 2 amends the Road Safety Act 1986 to--
introduce new criteria for determining whether a
damaged light motor vehicle is a statutory write-off;
require a person found guilty of having committed
certain driving offences (and who has had his or her
vehicle impounded or immobilised as a result of the
commission of that offence) to complete an approved
safe driving program; and
introduce a new process for the expeditious sale or
disposal of abandoned, impounded or immobilised
vehicles and address a range of operational issues in
relation to the operation of the vehicle impoundment
and immobilisation scheme.
571186 1 BILL LA INTRODUCTION 30/4/2012
Part 3 makes minor amendments of a statute law revision nature to the
Road Safety Act 1986 and the Road Management Act 2004.
Part 4 provides for the repeal of this Bill.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill, which are--
to amend the Road Safety Act 1986 to--
require a person who has been found guilty of
certain driving offences and who has had his or
her vehicle impounded or immobilised as a result
of the commission of that offence to complete a
safe driving program;
provide further powers for the relocation or sale
of vehicles that have been impounded or
immobilised and to make other amendments to
Part 6A of the Road Safety Act 1986;
introduce new, nationally agreed criteria for
assessing whether a damaged light motor vehicle
(other than a motor cycle) is a statutory write-off;
and
to make minor amendments of a statute law revision
nature to the Road Safety Act 1986 and the Road
Management Act 2004.
Clause 2 provides for the commencement of the Bill. Clause 2(1) provides
that the Bill comes into operation on a day or days to be
proclaimed. Clause 2(2) provides that if any provision of the Bill
does not come into operation before 1 April 2013, it comes into
operation on that day.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
Clause 3 Subclause (a) amends section 16B of the Road Safety Act 1986
to substitute a new definition of a repairable write-off in place of
the existing definition of that term. The new definition addresses
a circularity in the existing definition and, consistent with the
definition of a "statutory write-off", makes reference to "a motor
2
vehicle that is written off" (within the meaning of section 16C of
the Road Safety Act 1986) rather than to a "written-off vehicle",
which is separately defined in section 16B of the Road Safety
Act 1986.
Subclause (b) amends section 16B of the Road Safety Act 1986
to substitute a new definition of a statutory write-off in place of
the existing definition of that term. The new definition provides
that the term refers to a motor vehicle to which section 16BA of
the Road Safety Act 1986 applies. Section 16BA is inserted by
clause 4 of the Bill and introduces new, nationally agreed criteria
for assessing whether a damaged light motor vehicle (except a
motor cycle) is a statutory write-off.
Subclause (c) inserts the following new definitions into the Road
Safety Act 1986, all of which relate to the new criteria for
assessing damaged light motor vehicles.
A new definition of ATM, meaning "aggregate trailer
mass", is inserted. This term is referred to in the new
definition of "MRC", which term, in turn, is used in the
new definition of a "light motor vehicle".
A new definition of GTMR, meaning "gross trailer mass
rating", is inserted. This term is referred to in the new
definition of "MRC", which term, in turn, is used in the
new definition of a "light motor vehicle".
A new definition of light motor vehicle, is inserted.
Consistent with the definition of this term contained in
regulation 5 of the Road Safety (Vehicles) Regulations
2009, a "light motor vehicle" is defined to mean a motor
vehicle (except a motor cycle) with an MRC that does
not exceed 4·5 tonnes. This new category of vehicle is
referred to in the new section 16BA inserted by clause 4
of the Bill and the new, nationally agreed criteria for
assessing whether a vehicle included in this category is
a statutory write-off appear in the new clause 4 of
Schedule 6 to the Road Safety Act 1986, inserted by
clause 28 of the Bill.
A new definition of MRC is inserted. This term is used
in the new definition of a light motor vehicle and is
defined as the mass rating for charging in relation to a
light motor vehicle, being--
3
the maximum mass of the vehicle, including any
load, recorded on the compliance plate as the
GVM, GTMR or ATM of the vehicle; or
if the vehicle has no compliance plate--its
operating mass.
Clause 4 inserts a new section 16BA into the Road Safety Act 1986, after
section 16B of that Act. The effect of this new provision is to
implement the new nationally agreed criteria for determining
whether a damaged light motor vehicle (except a motor cycle) is
a statutory write-off (rather than a repairable write-off). The new
damage assessment criteria were developed by the National
Motor Vehicle Theft Reduction Council and have been approved
by the association of Australian and New Zealand road transport
and traffic authorities (Austroads).
The new section 16BA(1) provides that a vehicle will be a
statutory write-off if it meets one or more of the criteria specified
in clause 4 of Schedule 6 to the Road Safety Act 1986 (which is
inserted by clause 28 of the Bill).
The new section 16BA sets out the criteria for determining when
vehicles that are not light motor vehicles are statutory write-offs.
This provision reproduces the existing criteria for these
categories of vehicles that was formerly set out in the definition
of a "statutory write-off" in section 16B of the Road Safety Act
1986. While previously covering light motor vehicles as well as
other categories of vehicles, those criteria now apply to a
determination as to whether any motor vehicle except a light
motor vehicle is a statutory write-off.
The new section 16BA refers to three different categories of
vehicles for the purposes of determining whether a motor vehicle
is a statutory write off-- (1) a motor vehicle that is not a light
motor vehicle or a motor cycle; (2) a motor cycle; and (3) a
motor vehicle other than a light motor vehicle.
Section 16BA(2)(a) provides that a motor vehicle that is not a
light motor vehicle or a motor cycle is a statutory write-off if it is
written off and--
4
has been damaged by at least 3 of the following impact
damage indicators--
damage to an area of the roof equal to or
exceeding 300 millimetres by 300 millimetres; or
damage to an area of the cabin floor equal to or
exceeding 300 millimetres by 300 millimetres; or
damage to an area of the firewall equal to or
exceeding 300 millimetres by 300 millimetres; or
damage to the suspension; or
damage (cracked or broken) to major mechanical
components such as the engine block and
transmission casings; or
has been--
immersed in salt water above the doorsill for any
period; or
immersed in fresh water up to the dashboard or
steering wheel for more than 48 hours.
Section 16BA(3) provides that a motor cycle is a statutory write-
off if the motor cycle is written off and--
has impact damage (excluding scratching) to the
suspension and at least 2 areas of structural frame
damage; or
has been--
fully immersed in salt water for any period; or
fully immersed in fresh water for more than
48 hours.
The new section 16BA(4) provides that a motor vehicle that is
not a light motor vehicle is a statutory write-off if the motor
vehicle is written off and--
has been burnt to such an extent that it is only fit for
wrecking or scrap; or
has been stripped of all, or a combination of most,
interior and exterior body parts, panels and components.
5
The new section 16BA(5) provides that a motor vehicle is a
statutory write-off if the motor vehicle is written off and is
entered on an interstate written-off vehicles register in a
corresponding category to statutory write-off under Division 3 of
Part 2 of the Road Safety Act 1986.
Clause 5 inserts a new Part 6AB into the Road Safety Act 1986 (after
Part 6AA) to create a new safe driving programs scheme for
offenders who commit an "applicable offence". This implements
a Government commitment to require "hoon" offenders to
complete a safe driving course.
The new Part 6AB is divided into four divisions. Division 1
(sections 84BJ to 84BK) covers preliminary matters. Division 2
(sections 84BL to 84BN) addresses requirements for the
completion of an approved safe driving program. Division 3
(sections 84BO to 84BS) addresses requirements relating to the
approval of safe driving programs and providers of safe driving
programs. Division 4 (sections 84BT to 84BV) addresses fees
and charges relating to the safe driving programs scheme.
The new section 84BJ(1) sets out a number of definitions relating
to the new scheme. An applicable offence is defined to mean--
an offence against section 64(1) (dangerous driving)--
in circumstances involving improper use of a
motor vehicle; or
in circumstances where a motor vehicle is driven
at 45 kilometres per hour or more over the
applicable limit; or
in circumstances where a motor vehicle is driven,
if the applicable speed limit is 110 kilometres per
hour, at a speed of 145 kilometres per hour or
more;
an offence against section 65(1) (careless driving) in
circumstances involving improper use of a motor
vehicle;
an offence against section 65A(1) (loss of traction);
an offence against section 68(1) (participating in a speed
trial) or section 68(2) (organising or managing a speed
trial);
6
an offence against section 65B (heavy vehicles
exceeding the speed limit by 35km/h or more) or rule 20
(obeying the speed limit) where the motor vehicle is
driven--
at 45 kilometres per hour or more over the
applicable speed limit; or
if the applicable speed limit is 110 kilometres per
hour, at a speed of 145 kilometres per hour or
more;
an offence against rule 291 of the Road Rules (making
unnecessary noise or smoke) in circumstances involving
improper use of a motor vehicle;
an offence against rule 297 of the Road Rules (driver to
have proper control of a vehicle) in circumstances
involving improper use of a motor vehicle.
The following definitions are also provided for in
section 84BJ(1)--
approved provider is defined to mean a person or body approved
under section 84BO;
approved safe driving program is defined to mean a program
approved under section 84BO;
court is defined to mean, in relation to an applicable offence--
the court hearing and determining the charge for the
applicable offence; or
if an application for an exemption under section
84BL(3) is made on a day after the determination of the
charge for the applicable offence, the court hearing the
application;
improper use of a motor vehicle is defined to mean, in relation to
a particular offence, the driving of a motor vehicle in a manner
that intentionally causes the vehicle to undergo loss of traction in
one or more of its wheels.
Road Rules are defined to mean the Road Safety Road Rules
2009.
7
The new section 84BJ(2) provides that, for the purposes of the
safe driving programs scheme, more than one applicable offence
arising out of the same set of circumstances are to be treated as a
single applicable offence.
The new section 84BJ(3) provides that, for the purposes of
section 84BJ(2), a single set of circumstances means one
continuous period during which a person continues to drive or
be in charge of a motor vehicle.
The new section 84BK provides that an order by a court for a
person to complete a safe driving program under Part 6AB is in
addition to, and does not limit or otherwise affect, any other
penalty that may be imposed in respect of an applicable offence.
The new section 84BL(1) provides that a court must order a
person to complete an approved safe driving program if the
person has--
committed an applicable offence; and
in relation to the offence--
has had his or her vehicle impounded or
immobilised by police under Division 2 of
Part 6A of the Road Safety Act 1986; or
has had his or her vehicle impounded,
immobilised or forfeited under a court order
made under Division 3 of Part 6A of the Road
Safety Act 1986.
The new section 84BL(2) provides that, notwithstanding that (a)
and (b), above, are satisfied, the court must not order a person to
complete an approved safe driving program if the person
provides to the court written evidence that he or she has already
completed an approved safe driving program provided by an
approved provider. The intention of this provision is to ensure
that a person is not required to complete an approved safe driving
program provided by an approved provider more than once.
The new section 84BL(3) provides that a court may, in
exceptional circumstances, exempt a person from completing an
approved safe driving program. This provision is intended to
allow the court to exempt a person from an order to complete an
approved safe driving program if it is satisfied that there are
extraordinary circumstances justifying such an exemption.
8
These circumstances might, for instance, encompass severe
financial hardship or circumstances in which a person is unable
to access a safe driving program within a reasonable distance
from his or her place of residence. Ultimately, it will be a matter
for the court to determine whether exceptional circumstances
sufficient to warrant an exemption exist in any particular case.
The new section 84BL(4) provides that a person may apply to the
court for an exemption under section 84BL(3)--
at the hearing of the charge for the applicable offence;
or
at any time after the court has made an order under
section 84BL(1).
Section 84BL(5) provides that the court must notify VicRoads of
the making of an order under section 84BL(1) or the granting of
an exemption under section 84BL(3).
The new section 84BM provides that if the court orders a person
to complete an approved safe driving program under section
84BL(1), VicRoads must give notice to the person of--
the approved safe driving program that the person is
required to complete; and
the date (being not less than one month after the date of
the notice) by which the person must--
complete the program; and
provide to VicRoads written evidence of having
completed the program.
The new section 84BN(1) provides that if, by the date specified
in a notice under section 84BM--
the person to whom the notice has been given has failed
to provide to VicRoads written evidence that he or she
has completed the approved safe driving program
specified in the notice; and
the court has not notified VicRoads of the granting of an
exemption under section 84BL(3)--
VicRoads must take the appropriate action under
section 84BN(2).
9
Section 84BN(2) provides that VicRoads must--
suspend any driver licence or permit held by the person;
or
if the person's driver licence or permit is already
suspended, further suspend the driver licence or permit
from the date of expiry of the existing suspension; or
if the person does not hold a Victorian driver licence or
permit, disqualify him or her from driving a motor
vehicle on a Victorian road and from obtaining a
Victorian driver licence or permit.
The new section 84BN(3) provides that a suspension or
disqualification under section 84BN(2) remains in force until
VicRoads is satisfied that the person has completed the program
or has been exempted by the court from the requirement to
complete the program under section 84BL(3).
The new section 84BN(4) provides that, if VicRoads has
accepted written evidence of a person having completed an
approved safe driving program and it becomes aware that the
evidence is invalid, false or has been issued in error, it must take
the appropriate action under section 84BN(2).
The new section 84BO(1) provides that VicRoads may, in
writing, approve safe driving programs to be provided by
approved providers for the purpose of Part 6AB.
The new section 84BO(2)(a) provides that VicRoads may cancel
or suspend the approval of a safe driving program. Section
84BO(2)(b) provides that VicRoads may vary the class of
persons to whom an approved safe driving program is to be
provided.
Section 84BO(3) provides that VicRoads must allow the
approved provider at least 10 working days to make written
representations to it about the proposed action before taking any
action under section 84BO(2).
The new section 84BP(1) provides that VicRoads may, in
writing, approve persons or bodies to deliver an approved safe
driving program.
Section 84BP(2) provides that VicRoads may determine the
process for approving program providers and the requirements
applicants must meet in order to be considered for approval.
10
Section 84BP(3) provides that an approval under section 84BP(1)
must be in writing and state which approved safe driving
programs the person or body the subject of the approval is
approved to provide.
The new section 84BQ(1) provides that VicRoads may give an
approval under section 84BP subject to any condition, limitation
or restriction that it considers appropriate.
The new section 84BQ(2) provides that VicRoads may, by giving
written notice to an approved person or body, vary or revoke a
condition, limitation or restriction to which the approval of that
person or body is subject or make the approval subject to a new
condition, limitation or restriction.
The new section 84BQ(3) provides that any such action may not
be taken unless VicRoads has allowed the person or body at least
10 working days to make written representations to it concerning
the action.
Both of these provisions are intended to ensure that VicRoads has
the flexibility necessary to make conditional approvals and vary
the conditions, limitations or restrictions to which any approval is
subject, in order to ensure that approved programs are delivered
in the manner it considers appropriate.
The new section 84BR(1) empowers VicRoads, by giving written
notice to an approved safe driving program provider, to cancel or
suspend the provider's approval if VicRoads is satisfied that the
provider--
has failed to comply with one or more conditions,
limitations or restrictions to which the approval is
subject; or
has failed to provide safe driving programs to the
satisfaction of VicRoads.
The new section 84BR(2) provides that VicRoads must not take
action under section 84BR(1) unless it has allowed the approved
provider at least 10 working days to make written representations
about that action.
The power contained in section 84BR is intended to ensure that
VicRoads is able, if it considers such action necessary, to cancel
or suspend the approval of an approved provider in the interests
of ensuring that approved safe driving programs are delivered in
11
the manner agreed with the approved provider and to VicRoads'
satisfaction.
The new section 84BS(1) provides that a person or body whose
interests are affected by any decision by VicRoads to cancel or
suspend an approved provider's approval under section 84BR,
may apply to the Victorian Civil and Administrative Tribunal
("VCAT") for a review of that decision.
Section 84BS(2) provides that an application to VCAT under
section 84BS(1) must be made within 28 days after the later of--
the day on which the decision was made; or
if the person or body requests a statement of reasons for
the decision under section 45 of the Victorian Civil
and Administrative Tribunal Act 1998, the day on
which the statement is given to the person or body or
the person or body is informed under section 46(5) of
the Victorian Civil and Administrative Tribunal Act
1998 that the statement will not be given.
The new section 84BT addresses the payment of fees by
participants in safe driving programs to an approved provider of
an approved safe driving program. Section 84BT(1) provides
that a person participating in an approved safe driving program
must pay to the approved provider conducting the program the
fee determined by VicRoads under section 84BV(1).
The new section 84BT(2) provides that the fee payable under
section 84BT(2) is in addition to any commercial charge set by
the approved provider for participation in the program.
This provision is intended to ensure that approved providers can,
in addition to any amount they are required to collect from
participants in an approved safe driving program in the form of a
the fee determined by VicRoads under section 84BV(1), charge
participants an additional fee, the amount of which is to be
determined by the approved provider.
Section 84BT(3) provides that an approved provider must refund
the fee paid by a person under section 84BT(1) to that person if
the provider--
fails to deliver an approved safe driving program at the
time agreed with the person; and
12
either--
is unable to reach agreement with the person on
an alternative time at which to provide the
program; or
fails to provide the approved safe driving
program at an alternative time agreed with the
person.
The new section 84BU(1) provides that an approved provider
must send to VicRoads the fees paid to the provider under
section 84BT(1) in the manner and within the time determined
by VicRoads.
The new section 84BU(2) provides that the fees sent to VicRoads
under section 84BU(1) must be accompanied by any information
VicRoads requires in relation to the approved safe driving
programs to which the fees relate.
Section 84BU(3) provides that the information required by
VicRoads may include the names of the participants in the safe
driving program. This provision is intended to ensure that
VicRoads has the power to obtain any information it considers
appropriate or necessary in order to ensure that the scheme is
being managed appropriately. In particular, information as to the
identities of persons participating in approved safe driving
programs will be important to ensure that those who are ordered
to complete a safe driving program do so and that approved safe
driving program providers send to VicRoads the required amount
in respect of each program participant under section 84BT(1).
The new section 84BV(1) provides that VicRoads may, from
time to time, determine the fee to be imposed on individuals
participating in an approved safe driving program provided by an
approved provider.
Section 84BV(2) provides that a determination under section
84BV(1) must be made by notice published in the Government
Gazette.
The new section 84BV(3) provides that VicRoads must ensure
that the total fees collected do not exceed the costs of the
implementation and administration of the safe driving program
scheme established by Part 6AB. The intention of Division 4 is
to enable VicRoads to recover from safe driving program
participants the costs of establishing and administering (on an
13
ongoing basis) the safe driving programs scheme. The costs
involved in establishing the program will be recovered over a
fixed period. Ongoing costs involved in the administration of the
scheme will be recovered on an ongoing basis. The fee provided
for in section 84BV(1) is intended to enable the recovery of these
costs and will be calculated with this objective in mind.
Clause 6 amends three definitions in section 84C(1) of the Road Safety
Act 1986 to support the changes made by the Bill to the
impoundment, immobilisation and forfeiture regime contained in
Part 6A of the Road Safety Act 1986.
Clause 6(a) amends the definition of "designated costs" to enable
the recovery of certain vehicle relocation costs, being the costs
that are incurred where vehicles immobilised under the Part 6
regime are relocated by a member of the police force or an
authorised person under new sections 84PB(1)(b) or 84PB(3).
Clause 6(b) substitutes a new definition of "authorised person".
The substitution amends the definition of "authorised person" to
make it clear that a person is an authorised person if he or she is
authorised, in relation to a function or power under Part 6A, to
perform that function or exercise that power.
Clause 6(c) substitutes a new definition of "senior police officer".
The new definition includes a member of the police force of or
above the rank of Inspector and also includes the person
occupying the position of Officer in Charge, Vehicle
Impoundment Unit.
Clause 7 repeals section 84F(1)(c) of the Road Safety Act 1986.
Section 84F(1)(c) enables a member of the police force to
authorise a person to assist in seizing, impounding or
immobilising a vehicle under Part 6A of the Road Safety Act
1986. This power to authorise is retained in section 84J, as
amended by clause 9 of the Bill.
Clause 8 makes various amendments to section 84H of the Road Safety
Act 1986, which deals with the surrender of motor vehicles.
Clause 8(1) removes the requirement, in section 84H(1), for a
member of the police force to wait 48 hours after the commission
of an offence to serve a notice on the registered operator of a
vehicle regarding the surrender of the vehicle.
14
Section 84H(2)(a)(i) provides that a surrender notice under
section 84H(1) must be served within 28 days of the commission
of an offence if the offence was detected by a prescribed road
safety camera. Clause 8(2) extends this time period to 42 days.
Clause 8(3) inserts a new section 84H(2)(a)(ia)(A). The effect of
this amendment is to provide that if the relevant offence (that is
the offence that is the basis for the surrender notice under section
84H(1)) is an offence under section 49(1)(b), (bb), (g) or (i) of
the Road Safety Act 1986 in relation to which the offender was
required to give a sample of blood under section 55(9A),
55B(1)(a), 55E(13) or 56(2) of the Road Safety Act 1986, the
notice may be served at any time after the charge-sheet is filed,
but not later than 3 months after the commission of the relevant
offence.
Clause 8(3) also inserts a new section 84H(2)(a)(ia)(B).
The effect of this amendment is to provide that if the relevant
offence (that is the offence that is the basis for the surrender
notice under section 84H(1)) is an offence under section
49(1)(bb) or (h) of the Road Safety Act 1986 in relation to
which the offender was required to give a sample of oral fluid
under section 55E(2) or (3) of the Road Safety Act 1986, the
notice may be served at any time after the charge-sheet is filed,
but not later than 3 months after the commission of the relevant
offence.
Section 84H(2)(b) provides that a surrender notice under section
84H(1) must allow at least 7 days, after service, for the surrender
of the motor vehicle. Clause 8(4) amends that requirement by
providing that the surrender notice can be served earlier if the
registered operator consents to an earlier time and the consent is
endorsed in writing on the notice.
Section 84H(3)(a) requires the surrender notice under section
84H(1) to include a statement by a member of the police force
that the member believes on reasonable grounds that the vehicle
liable to impoundment or immobilisation was used in the
commission of an offence a prescribed number of days preceding
the service of the notice.
Clauses 8(5) and (6) make consequential amendments to section
84H(3)(a), as a result of the amendments made by clauses 8(2)
and (3) to section 84H(2)(a). Clause 8(5) amends section
84H(3)(a)(i), providing that the surrender notice under section
15
84H(1) must state that it is in respect of an offence committed
within the preceding 42 days if the offence was detected by a
prescribed road safety camera. Clause 8(6) inserts, in section
84H(3)(a) a new subparagraph (ia) that provides that where new
subparagraph 84H(2)(a)(ia) applies, the surrender notice under
section 84H(1) must state that it is in respect of an offence
committed within the preceding 3 months.
Clause 8(7) amends sections 84H(3)(d) and 84H(4) to allow a
notice to require a motor vehicle to be surrendered to provide for
the surrender to a member of police personnel or an authorised
person. Sections 84H(3)(d) and 84H(4) currently provide for
surrender only to a member of police personnel.
Clause 9 amends section 84J of the Road Safety Act 1986 which specifies
a range of powers that may be exercised by authorised persons
(if authorised by a member of the police force).
Clause 9(1) amends the introductory text of section 84J to
provide that the authorisation of an authorised person (by a
member of the police force) to exercise the powers described in
section 84J is not limited to the assisting of a member of the
police force. Such a restriction would only apply if it was
described elsewhere in Part 6A. For example, see new section
84J(f), as inserted by clause 9(2) of the Bill, which provides a
power that may only be exercised by an authorised person while
that person is assisting a member of the police force.
Clause 9(2) provides a number of additional circumstances where
an authorised person can be authorised by a member of the police
force to exercise certain powers.
New section 84J(f), as inserted by clause 9(2), provides that an
authorised person may be authorised to assist a member of the
police to seize or impound a motor vehicle under Division 2 of
Part 6A of the Road Safety Act 1986.
New section 84J(g), as inserted by clause 9(2), provides that an
authorised person may be authorised to release an impounded
motor vehicle at a time directed by a member of the police force.
This is similar to current section 84J(f) which is repealed by
clause 9(2).
16
New section 84J(h), as inserted by clause 9(2), provides that an
authorised person may be authorised to take possession of a
motor vehicle surrendered in accordance with a notice under
section 84H or an order under section 84S or 84T.
New section 84J(i), as inserted by clause 9(2), provides that an
authorised person may be authorised to drive or move a motor
vehicle referred to in section 84J(h), as directed by a member of
the police force.
New section 84J(j), as inserted by clause 9(2), provides that an
authorised person may be authorised, for the purposes of
section 84PB or 84ZC, to exercise the same powers to search for
and seize a motor vehicle and other powers as are specified in
sections 84G(1), (3)(b) and (3)(d) and 84I.
New section 84J(k), as inserted by clause 9(2), provides that an
authorised person may be authorised to relocate a vehicle seized
under new section 84PB.
New section 84J(l), as inserted by clause 9(2), provides that an
authorised person may be authorised to take possession of the
keys to a motor vehicle as directed by a member of the police
force under section 84G(3)(c).
Clause 10 replaces section 84L(f)(v) of the Road Safety Act 1986 with a
new section 84L(f)(v). New section 84L(f)(v) replaces the
requirement in the current section 84L(f)(v) for a notice under
section 84K to state the address and telephone number of the
police station from which the steering key lock can be collected,
with the requirement that the notice state the name, address and
telephone number of the unit within the police force that arranges
for the release of keys for steering wheel locks.
Clause 11 amends section 84P of the Road Safety Act 1986, which deals
with offences.
Clause 11(1) replaces section 84P(2)(ab) with a new section
84P(2)(ab). New section 84P(2)(ab) provides that it is not an
offence for a person to move an immobilised vehicle if they do
so after first obtaining an authorisation under new section 84PA.
This differs from the current section 84P(2)(ab) which provides
that it is not an offence to move an immobilised vehicle so long
as a member of the police force is informed immediately after the
vehicle is moved.
17
Clause 11(2) broadens the offence of obstructing or hindering an
authorised person or a member of the police force set out in
section 84P(3) so that it also applies where a member of police
personnel is obstructed or hindered in the valid exercise of a
power under Part 6A of the Act.
A member of police personnel is defined in section 3 of the Act.
It includes a member of the police force.
Clause 12 inserts new sections 84PA and 84PB into the Road Safety Act
1986.
New section 84PA establishes an application process whereby a
person may apply to the Chief Commissioner of Police for
permission to move a motor vehicle that has been immobilised
under Part 6A by use of a steering wheel lock.
If permission is granted, the vehicle must be moved to the
approved new location within 14 days. The cost of moving the
vehicle is to be born by the applicant.
New section 84PB provides members of the police force and
authorised persons with power to enter and move an immobilised
motor vehicle to another location and immobilise the motor
vehicle at the new location in certain circumstances.
Those circumstances include where the motor vehicle has been
left in a location where it is detracting from public amenity,
posing a safety risk or interfering with traffic flow. They also
include where an immobilised vehicle has been moved
unlawfully or where the vehicle needs to be moved to another
location for the purpose of the sale or disposal of the motor
vehicle under new section 84ZQAB, as set out in clause 20 of
the Bill.
Clause 13 amends section 84QA of the Road Safety Act 1986 which
relates to the process of recovering a vehicle that has been
immobilised by way of a steering wheel lock.
Clause 13(1) amends section 84QA(2) of the Road Safety Act
1986 to provide that it is the responsibility of the Chief
Commissioner of Police (rather than a particular member of the
police force) to ensure that keys to steering wheel locks are made
available at the appropriate time.
18
Clause 13(1) also amends section 84QA(2) to provide that keys
for steering wheel lock immobilisation devices are to be made
available at the address of the unit within the police force of
Victoria that arranges for the release of keys (rather than at a
specified police station).
Clause 13(2) inserts new subsection (2A) and (2B) into section
84QA. New section 84QA(2A) provides that a member of the
unit of the police force that arranges for the release of keys for
steering wheel lock immobilisation devices may post a key to a
person if satisfied that it would be impracticable for the person to
collect the key.
New section 84QA(2B) provides that a member of the unit of the
police force that arranges for the release of keys for steering
wheel lock immobilisation devices must provide to the person
who collects a key, or to whom the key is posted, written
instructions stating where and when the key must be returned.
Clause 13(2) substitutes section 84QA(3) of the Act with a new
subsection. New subsection (3) contains consequential changes
arising from the changes made to section 84QA, as set out in
clause 13 of the Bill, relating to the postage of keys and provision
for the returning of keys to one or more specified locations.
Clause 14 amends section 84S(3) and 84T(3) of the Road Safety Act 1986
to provide that, where a motor vehicle is required to be
surrendered under section 84S or 84T, it may be surrendered to
a member of police personnel or an authorised person.
These provisions currently only provide for the surrender of a
vehicle to a member of police personnel.
Clause 15 amends section 84YA of the Road Safety Act 1986 to provide
that if the Chief Commissioner of Police has directed the Roads
Corporation to not transfer the registration of a vehicle because
it is subject to enforcement action under Part 6A of the Act, the
Chief Commissioner must notify the Roads Corporation that the
ban on registration transfer has ceased to apply if the motor
vehicle vests in the Crown under current sections 84ZQ(4)
or 84ZW(5) or under new section 84ZQAB(3), as set out in
clause 20 of the Bill.
19
Clause 16 substitutes section 84ZC of the Road Safety Act 1986 with a
new provision. The new provision separately states the powers
that may be exercised by authorised persons and members of the
police force when acting under an impoundment or
immobilisation order or a forfeiture order made under Division 3
of Part 6A of the Act.
A member of the police force has, and may exercise, the same
powers to search for and seize the motor vehicle and other
powers as are specified under sections 84G(1) and (3), 84GA,
84GB and 84I.
An authorised person has, and may exercise, the same powers to
search for and seize the motor vehicle and other powers as are
specified under sections 84G(1), (3)(b) and (3)(d) and 84I.
Clause 17 amends section 84ZD of the Road Safety Act 1986 to provide a
new process whereby the Chief Commissioner of Police must
waive the designated costs payable with respect to an
immobilised motor vehicle if the registered operator makes an
undertaking, that is accepted by the Chief Commissioner, to
arrange for the vehicle to be destroyed by an approved recycler,
returns the registration plates to the Roads Corporation and gives
to the Chief Commissioner a certificate issued by the recycler
confirming the destruction of the motor vehicle (by the date
specified by the Chief Commissioner).
If the registered operator fails to comply with the undertaking the
amount of the designated costs becomes a debt due to the Crown
recoverable in a court of competent jurisdiction. Furthermore,
the motor vehicle may be seized by a member of the police force
and immobilised or impounded until the designated costs are paid
or the vehicle is sold or disposed of under Division 5 of Part 6A
of the Act.
Clause 18 amends section 84ZG of the Road Safety Act 1986 to provide
that a member of the police force may apply to a magistrate for
a search and seizure warrant to be issued under Division 4 of
Part 6A in respect of a motor vehicle if a member of the police
force is empowered under new section 84PB(4)(a) to seize the
motor vehicle. New section 84PB, as inserted by clause 12 of
the Bill, authorises the seizure and relocation of immobilised
vehicles by police in the circumstances outlined in new sections
84PB(1) and (3) (see description of clause 12 above).
20
Clause 19 amends section 84ZQA of the Road Safety Act 1986 to remove
the current requirement set out in section 84ZQA(1)(b) for the
Chief Commissioner of Police to 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
publishing the notice of intention in a newspaper circulating
generally in the State.
This newspaper notification requirement is not necessary given
that the Chief Commissioner is already required to serve notice
on the driver of the motor vehicle, the registered operator of the
motor vehicle and any person who the Chief Commissioner is
aware has an interest in the motor vehicle. This would include
any person who has a registered interest recorded on the
Commonwealth Personal Property Securities Register as
established under the Commonwealth Personal Property
Securities Act 2009. Furthermore, section 84ZQB of the Road
Safety Act 1986 requires the Chief Commissioner to apply to the
Registrar of the Commonwealth Personal Property Securities
Register to register a financing statement or a financing change
statement (as the case requires) in respect of the motor vehicle.
This has the effect of providing a searchable notification
available to both registered and non-registered interest holders so
that they can be advised of the enforcement action that is being
taken in relation to the motor vehicle.
Clause 20 inserts new sections 84ZQAB, 84ZQAC and 84ZQAD into
Part 6A of the Road Safety Act 1986. These new provisions
provide for a new process whereby a vehicle that has been
impounded or immobilised may be deemed to be abandoned and
then sold or disposed of.
New section 84ZQAB provides that the Chief Commissioner of
Police may sell or dispose of a motor vehicle and any item left
in or on the motor vehicle if the vehicle is impounded or
immobilised but not collected or released and the vehicle is
deemed to be abandoned.
A motor vehicle will be deemed to be abandoned if the Chief
Commissioner has given notice (in accordance with new
section 84ZQAC) and either: (a) 30 days have elapsed since the
giving of the notice and none of the events referred to in new
sections 84ZQAC(4)(a) to (f) have occurred; or (b) the court has
21
made an order under new section 84ZQAD that the motor vehicle
is abandoned.
The new process also includes provision for the payment of
compensation in those cases where a vehicle is sold or disposed
of after being deemed to be abandoned and certain events occur
after that sale or disposal such as where a person is found not
guilty of a relevant offence, a charge-sheet is not filed or is not
proceeded with in a timely fashion, or where a conviction for the
relevant offence in relation to which the vehicle was impounded
or immobilised is set aside.
New section 84ZQAC requires the Chief Commissioner of Police
to give notice of an intention to have a vehicle deemed to be
abandoned. Notice must be served on the driver of the motor
vehicle, the registered operator, the Roads Corporation and any
person who the Chief Commissioner is aware has an interest in
the motor vehicle.
If the registered operator of the motor vehicle is not the owner or
sole owner of the motor vehicle, the registered operator must, as
soon as is reasonably practicable, take reasonable steps to serve a
copy of the notice on any owner of the motor vehicle.
The notice must state that the motor vehicle will be deemed to
be abandoned and that the motor vehicle and any item left in or
on the motor vehicle will be sold or disposed of unless, within
30 days after the date of the notice: the designated costs in
respect of the impoundment or immobilisation of the motor
vehicle are paid and the motor vehicle is collected or released;
the designated costs are not required to be paid; a conviction for
the relevant offence is set aside; the court makes an order under
section 84O or 84ZA that the motor vehicle be released; the
Chief Commissioner of Police accepts under section 84ZD(2) an
undertaking by the registered operator to have the motor vehicle
destroyed by a recycler approved by the Chief Commissioner; or
a person substantially affected by the proposed sale or disposal of
the motor vehicle has applied to the Magistrates' Court under new
section 84ZQAD for an order declaring that the motor vehicle is
not abandoned.
22
The Chief Commissioner may only give notice under new
section 84ZQAC, in the case of an impounded vehicle, if more
than 7 days have elapsed since the motor vehicle became
available for collection. In relation to an immobilised vehicle,
3 months must have elapsed since the motor vehicle became
available for release before the Chief Commissioner may give
notice.
Furthermore, the Chief Commissioner must not give notice if
the Chief Commissioner is aware that an application under
section 84O(1) or 84ZA(1) is on foot and is yet to be determined.
Similarly, if an application under section 84U(1) for an
impoundment or immobilisation order or for a forfeiture order is
on foot, then the Chief Commissioner must not give notice.
New section 84ZQAD sets out the process whereby a person
substantially affected by the proposed sale or disposal of a motor
vehicle on the basis of deemed abandonment may apply to the
Magistrates' Court for an order that the motor vehicle is not
abandoned.
The court may make an order that the motor vehicle is or is not
abandoned. The court may only make an order that the motor
vehicle is not abandoned, if satisfied that the applicant has not, in
fact, abandoned the motor vehicle and has a genuine intention to
collect or arrange for the release of the motor vehicle at some
time in the future.
Clause 21 amends section 84ZQB(1) of the Road Safety Act 1986 to
provide that where the Chief Commissioner of Police gives
notice under new section 84ZQAC(1) that the Chief
Commissioner intends to sell or otherwise dispose of a motor
vehicle if it is deemed to be abandoned under new section
84ZQAB, the Chief Commissioner must apply to the Registrar of
the Commonwealth Personal Property Securities Register, in
accordance with the Commonwealth Personal Property Securities
Act 2009, to register a financing statement or a financing change
statement (as the case requires) in respect of the motor vehicle.
This will have the effect of notifying potential purchasers and
other persons interested in taking an interest in the vehicle that
enforcement action is on foot.
23
Clause 21 also amends section 84ZQC(1) of the Road Safety
Act 1986 to provide that where a vehicle vests in the Crown
under new section 84ZQAB(3) because it has been deemed to be
abandoned, the Chief Commissioner must apply to the Registrar
of the Commonwealth Personal Property Securities Register, in
accordance with the Commonwealth Personal Property Securities
Act 2009, to register a financing statement or a financing change
statement (as the case requires), in respect of the motor vehicle.
This will have the effect of providing notification to persons
interested in acquiring an interest in the vehicle that the
ownership of the vehicle has passed to the Crown.
Clause 22 inserts new section 84ZQD into the Road Safety Act 1986 which
provides for the distribution of the proceeds of sale where a
vehicle is sold under section 84ZQ or 84ZQAB. The new
provision is modelled on existing provision section 84ZS which
also provides for the distribution of proceeds of sale in certain
circumstances.
New section 84ZQD provides that where a motor vehicle or item
or thing is sold under section 84ZQ or 84ZQAB, the proceeds
of sale are to be applied in the following order of priority.
Firstly, to pay the costs of the sale, then to pay any costs of
impoundment or immobilisation, to discharge any security
interest over the motor vehicle that existed immediately before
the motor vehicle vested in the Crown, and to pay any remaining
funds to the registered operator of the motor vehicle (or if the
registered operator cannot be reasonably located, any remaining
funds are to be paid into the Consolidated Fund).
Clause 23 amends section 84ZRA of the Road Safety Act 1986 to remove
the current requirement set out in section 84ZRA(1)(b) for the
Chief Commissioner of Police to 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, by publishing the notice of intention in a
newspaper circulating generally in the State.
This newspaper notification requirement is not necessary given
that the Chief Commissioner is already required to serve notice
on the driver of the motor vehicle, the registered operator of the
motor vehicle and any person who the Chief Commissioner is
aware has an interest in the motor vehicle. This would include
any person who has a registered interest recorded on the
24
Commonwealth Personal Property Securities Register as
established under the Commonwealth Personal Property
Securities Act 2009. Furthermore, new section 84ZRB of the
Road Safety Act 1986, as set out in clause 24 of the Bill,
requires the Chief Commissioner to apply to the Registrar of the
Commonwealth Personal Property Securities Register to register
a financing statement or a financing change statement (as the
case requires) in respect of the motor vehicle. This has the effect
of providing a searchable notification available to both registered
and non-registered interest holders so that they can be advised of
the enforcement action that is being taken in relation to the motor
vehicle.
Clause 24 inserts new section 84ZRB into the Road Safety Act 1986 which
requires the Chief Commissioner of Police, as soon as practicable
after giving notice under section 84ZRA(1) of an intention to sell
or otherwise dispose of a motor vehicle that is the subject of a
forfeiture order, to apply the Registrar of the Commonwealth
Personal Property Securities Register, in accordance with the
Commonwealth Personal Property Securities Act 2009, to
register a financing statement or a financing change statement
(as the case requires) in respect of the motor vehicle.
This has the effect of providing a searchable notification
available to both registered and non-registered interest holders so
that they can be advised of the enforcement action that is being
taken in relation to the motor vehicle.
Clause 25 amends section 84ZS of the Road Safety Act 1986 which
currently deals with the distribution of the proceeds of sale where
a motor vehicle or item or thing is sold under section 84ZQ
or 84ZR of the Road Safety Act 1986.
Given that new section 84ZQD, as set out in clause 22 of the Bill,
provides for the distribution of proceeds of sale where a motor
vehicle or item or thing is sold under section 84ZQ, the reference
to 84ZQ is being removed from section 84ZS.
Clause 26 amends section 84ZU of the Road Safety Act 1986 to remove
the current requirement set out in section 84ZU(2)(b) for the
Chief Commissioner of Police to give notice of intention to apply
for a disposal order (which may be granted under section 84ZW
of the Act) in a newspaper circulating generally in the State.
25
This newspaper notification requirement is not necessary given
that the Chief Commissioner is already required to serve notice
on the driver of the motor vehicle, the registered operator of the
motor vehicle and any person who the Chief Commissioner is
aware has an interest in the motor vehicle. This would include
any person who has a registered interest recorded on the
Commonwealth Personal Property Securities Register as
established under the Commonwealth Personal Property
Securities Act 2009. Furthermore, section 84ZUA of the Road
Safety Act 1986 requires the Chief Commissioner to apply to the
Registrar of the Commonwealth Personal Property Securities
Register to register a financing statement or a financing change
statement (as the case requires) in respect of the motor vehicle.
This has the effect of providing a searchable notification
available to both registered and non-registered interest holders so
that they can be advised of the enforcement action that is being
taken in relation to the motor vehicle.
Clause 27 inserts new section 103ZE into the Road Safety Act 1986 to
provide for transitional matters.
The new section 103ZE(1) provides that the new Part 6AB
dealing with safe driving programs only applies to applicable
offences that are alleged to have been committed on or after the
commencement of section 5 of the Bill. Section 5 will
commence on a day or days to be proclaimed or, if it has not
commenced by that date, on 1 April 2013.
The new section 103ZE(2) provides that, for the purposes of
section 103ZE(1), if an applicable offence is alleged to have been
committed between 2 dates, one before and one after the
commencement of section 5 of the Bill, the offence is alleged to
have been committed before the commencement of section 5.
New sections 103ZE(3) and (4) provide that new section
84ZQAB (as set out in clause 20 and which relates to the sale or
disposal of vehicles deemed to be abandoned), only applies to
motor vehicles that have been impounded or immobilised in
relation to an applicable offence alleged to have been committed
on or after the commencement of clause 20 of the Bill.
26
Clause 28 inserts a new Schedule 6 into the Road Safety Act 1986.
In combination with the amendments made by clause 4, clause 28
amends the Road Safety Act 1986 to implement the new,
nationally agreed criteria for assessing whether a damaged light
motor vehicle is a statutory write-off (rather than a repairable
write-off).
Clause 1 of Schedule 6 sets out the following definitions for the
purposes of that Schedule--
excessive fire damage is defined as having the meaning given in
clause 14 of Schedule 6;
excessive stripping damage is defined as having the meaning
given in clause 16;
excessive structural damage is defined as having the meaning
given in clause 5 of Schedule 6;
excessive water damage is defined as having the meaning given
in clause 15 if Schedule 6;
statutory write-off is defined as a vehicle that is a statutory write-
off within the meaning of clause 4 of Schedule 6.
The new clause 2 of Schedule 6 provides that a person who is
assessing whether an area of a vehicle has been fractured, cut,
cracked or buckled or is folded over onto itself must make that
assessment based on the relevant diagrams in the Technical
Guide. Clause 2 further provides that the term Technical Guide
means, for the purposes of that clause, the "Damage Assessment
Criteria for the Classification of Statutory Write-Offs" approved
by Austroads Ltd ABN 16 245 787 323 from time to time.
Clause 3 of Schedule 6 provides for the structural areas of a
vehicle. These areas, which include a number of new areas not
previously required to be considered as part of an assessment of
whether a motor vehicle that comes within the new light motor
vehicle category is a statutory write-off, are the roof, each of the
pillars, the floor pan, the firewall, each of the longitudinal rails or
the chassis (as applicable), the vehicle suspension, mechanical
components and the supplementary restraint systems.
The new section 16BA(1), inserted by clause 4 of the Bill,
provides that a light motor vehicle is a statutory write-off if it
meets one or more of the criteria specified in clause 4 of
Schedule 6. Clause 4 sets out these criteria, providing that a light
27
motor vehicle is a statutory write-off if the vehicle is written off
and has been assessed, in accordance with Schedule 6, as
having--
excessive structural damage; or
excessive fire damage; or
excessive water damage; or
excessive stripping damage.
Clause 5(1) sets out what constitutes "excessive structural
damage" for the purposes of Schedule 6. It provides that
excessive structural damage exists in relation to a vehicle if
3 "indicators" are found in the vehicle.
Clause 5(2) defines indicator to mean, for the purposes of
Schedule 6--
excessive damage in a structural area, determined in
accordance with Schedule 6;
deployment or activation of a supplementary restraint,
determined in accordance with clause 13 of Schedule 6.
Clause 5(3) provides for rules of interpretation in relation to
calculating the number of structural areas of a light motor vehicle
which have been damaged. These rules are as follows--
each incidence of excessive damage to separate pillars
or to separate longitudinal structural rail or chassis is to
be counted as a separate indicator;
each different and separate area of excessive damage to
the floor pan or firewall is to be counted as a separate
indicator;
each incidence of excessive damage to a suspension
station is to be counted as a separate indicator if clause
12(2)(a) of Schedule 6 applies;
excessive damage to any part of the roof is to be
counted as a single indicator;
excessive damage to any or all of the mechanical
components specified in clause 12 of Schedule 6 is to
be counted as a single indicator; and
28
deployment or activation of any or all the
supplementary restrains specified in clause 13 of
Schedule 6 is to be counted as a single indicator.
At the foot of clause 5(3) of the new Schedule 6, two Examples
are provided of vehicles that are statutory write-offs upon the
application of the new criteria for excessive structural damage.
Clauses 6 to 13 of Schedule 6 set out the circumstances in which
the structural areas of a light motor vehicle have excessive
damage.
Clause 6 provides that the roof of a vehicle has excessive damage
if it has been loaded so that an individual structural element or
member has been structurally fractured, cut, cracked or buckled,
or is folded over onto itself.
Clause 7 provides that a pillar of a vehicle has excessive damage
if it has been loaded so that an individual structural element or
member has been structurally fractured, cut, cracked or buckled,
or is folded over onto itself.
Clause 8(1) provides that, for the purposes of Schedule 6, the
floor pan of a vehicle includes the inner sill panel where the
panel attaches to the floor pan but does not include the outer sill
rocker (rocker panel) or the internal stiffener or the braces
between the inner and outer panels.
Clause 8(2) provides that the floor pan of a vehicle has excessive
damage if it has been loaded so that an individual structural
element or member has been structurally fractured, cut, cracked
or buckled, or is folded over onto itself.
Clause 9 provides that a vehicle has excessive damage to its
firewall if the firewall has been loaded so that an individual
structural or member element has been structurally fractured, cut,
cracked or buckled, or is folded over onto itself.
Clause 10(1) provides that, for the purposes of Schedule 6, the
longitudinal structural rails or chassis do not include a
deformable end plate that has been designed to be removed and
replaced.
Clause 10(2) provides that a longitudinal structural rail or chassis
of a vehicle has excessive damage if it has been loaded so that an
individual structural or member element has been structurally
fractured, cut, cracked, buckled, or is folded over onto itself.
29
Clause 10(3) provides that, if both longitudinal rails of a vehicle
are damaged to the extent that they require Original Equipment
Manufacture replacement, that damage must be counted as
excessive damage to 3 areas.
Clause 11(1) provides that the suspension of a vehicle has
excessive damage if there is collision-induced damage to a
suspension mount to the chassis or body.
Clause 22(2) provides that, in assessing damage to the
suspension--
if an independent suspension unit is damaged, so that its
mount to the chassis or body is damaged, each station is
to be considered, for the purposes of Schedule 6, to be
one area of area of excessive damage;
if a live axle is damaged, so that a mount to the chassis
or body is damaged, the suspension of the vehicle must
be counted as one area of excessive damage for each
axle.
Clause 12 provides that the mechanical components of a vehicle
have excessive damage if collision-induced damage has caused
one or more of the following to be cracked, deformed or
broken--
the engine block;
the transmission case;
the differential case;
the axle housing.
Clause 13 provides that, for the purposes of Schedule 6, there has
been deployment or activation of a supplementary restraint if--
there has been deployment of an airbag (whether
frontal, side or curtain) within the vehicle occupant
cabin; or
there has been activation of a seatbelt pre-tensioner.
30
Clause 14 addresses what constitutes excessive fire damage for
the purposes of Schedule 6. It provides that a vehicle has
excessive fire damage if--
as a result of fire, paint on the vehicle (whether internal
or external) has blistered on any three of--
the roof;
a pillar;
the floor pan;
the fire wall;
longitudinal structural rails or chassis; or
as a result of fire--
the vehicle has sustained a combination of
exterior and interior fire damage; and
the vehicle has suffered damage to the extent that
it is written off.
Clause 15 sets out what constitutes excessive water damage for
the purposes of Schedule 6. It provides that a vehicle has
excessive water damage if the internal cabin of the vehicle has
been inundated with water (whether fresh, brackish or salt water)
to a level above that of the inner door sill.
Clause 16 addresses what constitutes excessive stripping damage
for the purposes of Schedule 6. It provides that a vehicle has
excessive stripping damage if--
it has been stripped of interior or exterior parts, panels
and components such as wheels, bonnet, guards, doors,
boot lid or interior parts; or
by reason of that stripping, it is written off.
PART 3--STATUTE LAW REVISION
Clause 29 substitutes references (wherever occurring) in the Road Safety
Act 1986 to "Department of Infrastructure" to references to
"Department of Transport". These amendments arise from an
Order made by the Governor in Council under section 10(c) of
the Public Administration Act 2004 which changed the name of
the Department of Infrastructure to the Department of Transport
31
and an Administrative Arrangements Order (No. 199) 2008
which reconstrued the references to the new Department name
(see Government Gazette S 114; 30 April 2008).
Clause 30 substitutes a reference in section 31(2)(ja) of the Road
Management Act 2004 to the "Public Transport Competition
Act 1995" to a reference to the "Bus Services Act 1995".
This reflects the recent change in the name of that enactment
made by the Bus Safety Act 2009.
Clause 31 makes a minor correction to section 42A(7) of the Road
Management Act 2004, substituting the word "sufficient" for
"sufficent".
PART 4--REPEAL OF AMENDING ACT
Clause 32 provides for the repeal of this amending Bill. This repeal does
not affect the continuing operation of the amendments made by
the amending Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
32