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ROAD TRAFFIC ACT 1974 - SECT 111AB

111AB .         Exemption from specified regulations, regulations may allow grant of

        (1)         The regulations may provide for the Minister to declare, in writing in accordance with the regulations, that a specified requirement of the regulations does not apply to a specified person or vehicle.

        (2)         The regulations may provide for the CEO to grant exemptions from regulations made under section 111(2)(aa) or (c).

        [Section 111AB inserted: No. 54 of 2006 s. 35(1); amended: No. 8 of 2012 s. 34 and 36.]

[ 111A-113.         Deleted: No. 8 of 2012 s. 35.]

[First and Second Schedule deleted: No. 28 of 2001 s. 22.]


Notes

This is a compilation of the Road Traffic Act 1974 and includes amendments made by other written laws 1M, 32 . For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Road Traffic Act 1974

59 of 1974

3 Dec 1974

s. 4: 3 Dec 1974 (see s. 2(2)); s. 6-10 and 12: 21 Feb 1975 (see s. 2(1) and Gazette 21 Feb 1975 p. 633);
Act other than s. 4, 6-10 and 12: 1 Jun 1975 (see s. 2(1) and Gazette 29 May 1975 p. 1442)

Road Traffic Act Amendment Act 1975

77 of 1975

14 Nov 1975

1 Jul 1976 (see s. 2 and Gazette 12 Dec 1975 p. 4481)

Road Traffic Act Amendment Act (No. 2) 1975

93 of 1975

20 Nov 1975

20 Feb 1976 (see s. 2 and Gazette 20 Feb 1976 p. 445)

Road Traffic Act Amendment Act 1976

17 of 1976

3 Jun 1976

21 Aug 1976 (see s. 2 and Gazette 6 Aug 1976 p. 2658)

Road Traffic Act Amendment Act (No. 2) 1976

48 of 1976

10 Sep 1976

Act other than s. 3 and 4(a)-(f) and (h): 10 Sep 1976 (see s. 2(1));
s. 3 and 4(a)-(f) and (h):
1 Jun 1977 (see s. 2(2) and Gazette 20 May 1977 p. 1490)

Road Traffic Act Amendment Act (No. 3) 1976

135 of 1976

9 Dec 1976

9 Dec 1976

Road Traffic Act Amendment Act 1977

4 of 1977

29 Aug 1977

29 Aug 1977

Road Traffic Act Amendment Act 1978 3

89 of 1978
(as amended by No. 82 of 1982 s. 30 and 31)

8 Nov 1978

Act other than s. 16(a), (b) and (c), 18 and 23: 25 May 1979 (see s. 2 and Gazette 25 May 1979 p. 1377);
s. 18: 1 Jan 1980 (see s. 2 and Gazette 7 Dec 1979 p. 3770)

Acts Amendment and Repeal (Road Maintenance) Act 1979 Pt. II

9 of 1979

18 May 1979

1 Jul 1979 (see s. 2(2))

Road Traffic Act Amendment Act 1979

10 of 1979

18 May 1979

18 May 1979

Road Traffic Act Amendment Act (No. 2) 1979

71 of 1979

27 Nov 1979

Act other than s. 4, 5, 8-11, 13, 14 and 18: 27 Nov 1979 (see s. 2(1));
s. 8-11, 13, 14 and 18: 1 Feb 1980 (see s. 2(2) and Gazette 1 Feb 1980 p. 284);
s. 4: 15 Feb 1980 (see s. 2(2) and Gazette 15 Feb 1980 p. 456);
s. 5: 2 May 1980 (see s. 2(2) and Gazette 2 May 1980 p. 1405)

Untitled regulations published: Gazette 6 Jun 1980 p. 1671-2

6 Jun 1980

Reprint of the Road Traffic Act 1974 approved 22 Jul 1980 (includes amendments listed above)

Road Traffic Amendment Act 1980

42 of 1980

12 Nov 1980

Act other than s. 3-6, 8, 9(a) and 10: 12 Nov 1980 (see s. 2(1));
s. 3-6, 8, 9(a) and 10: 1 Jan 1981 (see s. 2(2))

Acts Amendment (Motor Vehicle Pools) Act 1980 Pt. II

48 of 1980

19 Nov 1980

19 Nov 1980

Road Traffic Amendment Act (No. 2) 1980 4

81 of 1980

5 Dec 1980

5 Dec 1980

Road Traffic (Fees for Vehicle Licences) Regulations 1981 published: Gazette 29 May 1981 p. 1611-18

29 May 1981

Road Traffic Amendment Act 1981

39 of 1981

25 Aug 1981

25 Aug 1981

Road Traffic Amendment Act (No. 2) 1981

71 of 1981

30 Oct 1981

1 Aug 1982 (see s. 2 and Gazette 23 Jul 1982 p. 2842)

Road Traffic Amendment Act (No. 4) 1981

105 of 1981

4 Dec 1981

2 Feb 1982 (see s. 2 and Gazette 2 Feb 1982 p. 393)

Companies (Consequential Amendments) Act 1982 s. 28

10 of 1982

14 May 1982

1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079)

Acts Amendment (Motor Vehicle Fees) Act 1982 Pt. III

25 of 1982

27 May 1982

1 Jul 1982 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1982 published: Gazette 28 May 1982 p. 1728-34

28 May 1982

Road Traffic Amendment Act 1982

60 of 1982

24 Sep 1982

Act other than s. 3 and 6(a): 1 Oct 1982 (see s. 2 and Gazette 1 Oct 1982 p. 3885);
s. 3 and 6(a): 1 Nov 1982 (see s. 2 and Gazette 1 Oct 1982 p. 3885)

Road Traffic Amendment Act (No. 2) 1982 5

82 of 1982

11 Nov 1982

Act other than s. 5, 7, 9, 11-14, 15(d), (e), (g), (j), (l) and (n), 16, 17, 18(a)(ii), (b), (d) and (e), 19, 20(a)-(c) and (e), 21(1), 25 and 26: 11 Nov 1982 (see s. 2(1));
s. 5, 7, 9, 11-13, 14(b), 15(d), 16, 20(a)-(c) and (e), 21(1), 25 and 26: 9 Dec 1982 (see s. 2(2));
s. 14(a), 15(e), (g), (j), (l), and (n), 17, 18(a)(ii), (b), (d) and (e) and 19: 1 Mar 1983 (see s. 2(3) and Gazette 25 Feb 1983 p. 638)

Road Traffic (Fees for Vehicle Licences) Regulations 1983 published: Gazette 20 May 1983 p. 1525-32

20 May 1983

Reprint of the Road Traffic Act 1974 approved 9 Jul 1983 (includes amendments listed above)

Road Traffic (Fees for Vehicle Licences) Regulations 1984 published: Gazette 28 Jun 1984 p. 1741-51

28 Jun 1984

Road Traffic Amendment Act 1984

95 of 1984

7 Dec 1984

4 Jan 1985

Acts Amendment and Repeal (Credit) Act 1984 Pt. VII

102 of 1984

19 Dec 1984

31 Mar 1985 (see s. 2 and Gazette 8 Mar 1985 p. 867)

Acts Amendment and Repeal (Transport Co-ordination) Act 1985 Pt. VI

54 of 1985

28 Oct 1985

1 Jan 1986 (see s. 2 and Gazette 20 Dec 1985 p. 4822)

Road Traffic Amendment Act 1985

89 of 1985

4 Dec 1985

4 Dec 1985 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1986 published: Gazette 30 May 1986 p. 1769-75 (erratum 13 Jun 1986 p. 1979)

30 May 1986

Road Traffic Amendment Act (No. 2) 1986

78 of 1986

4 Dec 1986

4 Dec 1986 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1987 published: Gazette 29 May 1987 p. 2263-73

29 May 1987

Road Traffic Amendment Act (No. 2) 1987 6, 7

121 of 1987 (as amended by No. 84 of 2004 s. 80 cl. 123 and No. 8 of 2009 s. 112)

24 Dec 1987

s. 1 and 2: 24 Dec 1987;
s. 3-6 and 8-10: 24 Dec 1987 (see s. 2 and Gazette 24 Dec 1987 p. 4561);
s. 7: 1 Oct 1988 (see s. 2 and Gazette 30 Sep 1988 p. 3967);
s. 11(a): 21 Dec 1990 (see s. 2 and Gazette 21 Dec 1990 p. 6212)

Road Traffic Amendment Act 1988 8

11 of 1988

6 Sep 1988

s. 1 and 2: 6 Sep 1988;
s. 3, 20, 21 and 23: 28 Oct 1988 (see s. 2 and Gazette 28 Oct 1988 p. 4274);
s. 8(a) and (b): 4 Nov 1988 (see s. 2 and Gazette 4 Nov 1988 p. 4365);
s. 4-7, 9-17, 19, 22 and 24: 16 Nov 1988 (see s. 2 and Gazette 16 Nov 1988 p. 4517); s. 8(c) and 18 (other than paragraph (b)): 21 Jul 1989 (see s. 2 and Gazette 21 Jul 1989 p. 2212);
s. 18(b): 19 Sep 1989 (see s. 2 and Gazette 21 Jul 1989 p. 2212)

Road Traffic Amendment (Random Breath Tests) Act 1988 9

16 of 1988
(as amended by No. 46 of 1989 s. 4; No. 76 of 1996 s. 41 and No. 39 of 2000 s. 67)

9 Sep 1988

s. 1 and 2: 9 Sep 1988;
Act other than s. 1, 2 and 5: 1 Oct 1988 (see s. 2 and Gazette 30 Sep 1988 p. 3967)

Road Traffic Amendment Act (No. 3) 1988

32 of 1988

24 Nov 1988

s. 1 and 2: 24 Nov 1988;
Act other than s. 1 and 2: 21 Jul 1989 (see s. 3 and Gazette 21 Jul 1989 p. 2212)

Road Traffic Amendment Act (No. 2) 1988

57 of 1988

8 Dec 1988

s. 1 and 2: 8 Dec 1988;
Act other than s. 1 and 2: 1 Feb 1989 (see s. 2 and Gazette 23 Dec 1988 p. 4937)

Acts Amendment (Events on Roads) Act 1988 Pt. 2

64 of 1988

8 Dec 1988

1 Feb 1991 (see s. 2 and Gazette 1 Feb 1991 p. 511)

Acts Amendment (Children’s Court) Act 1988 Pt. 7

49 of 1988

22 Dec 1988

1 Dec 1989 (see s. 2 and Gazette 24 Nov 1989 p. 4327)

Road Traffic (Fees for Vehicle Licences) Regulations 1989 published: Gazette 11 Aug 1989 p. 2695-704

11 Aug 1989

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1989 published: Gazette 22 Sep 1989 p. 3463

22 Sep 1989

Road Traffic (Fees for Vehicle Licences) Regulations (No. 3) 1989 published: Gazette 17 Nov 1989 p. 4161-5 (erratum 8 Dec 1989 p. 4463)

17 Nov 1989

Acts Amendment (Chemistry Centre (WA)) Act 1990 Pt. 3 10

19 of 1990

24 Jul 1990

9 Aug 1991 (see s. 2 and Gazette 9 Aug 1991 p. 4101)

Road Traffic (Fees for Vehicle Licences) Regulations 1990 published: Gazette 29 Aug 1990 p. 4383-90 (erratum 7 Dec 1990 p. 6051)

29 Aug 1990

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1990 published: Gazette 23 Nov 1990 p. 5850-1

23 Nov 1990

Road Traffic Amendment Act (No. 3) 1990

60 of 1990

17 Dec 1990

s. 1 and 2: 17 Dec 1990;
Act other than s. 1 and 2: 21 Dec 1990 (see s. 2 and Gazette 21 Dec 1990 p. 6212)

Reprint of the Road Traffic Act 1974 as at 4 Apr 1991 (includes amendments listed above except those in the Acts Amendment (Chemistry Centre (WA)) Act 1990 )

Road Traffic (Fees for Vehicle Licences) Regulations 1991 published: Gazette 23 Aug 1991 p. 4417-22

23 Aug 1991

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1991 published: Gazette 22 Nov 1991 p. 5958-9

22 Nov 1991

Criminal Law Amendment Act 1991 s. 6(2) and 21 11

37 of 1991

12 Dec 1991

s. 6(2): 12 Dec 1991 (see s. 2(1));
s. 21: 10 Feb 1992 (see s. 2(2) and Gazette 31 Jan 1992 p. 477)

Road Traffic (Bicycle Helmets) Amendment Act 1991

46 of 1991

17 Dec 1991

17 Dec 1991 (see s. 2)

Road Traffic Amendment (Power Assisted Pedal Cycles) Act 1991

50 of 1991

17 Dec 1991

s. 1 and 2: 17 Dec 1991;
Act other than s. 1 and 2: 24 Dec 1991 (see s. 2 and Gazette 24 Dec 1991 p. 6395)

Criminal Law Amendment Act 1992 Pt. 3

1 of 1992

7 Feb 1992

9 Mar 1992 (see s. 2)

Road Traffic Amendment Act 1992

13 of 1992

16 Jun 1992

16 Jun 1993 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1992 published: Gazette 21 Aug 1992 p. 4162-6

21 Aug 1992

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1992 published: Gazette 13 Nov 1992 p. 5591-2

13 Nov 1992

Financial Administration Legislation Amendment Act 1993 s. 6 and 11

6 of 1993

27 Aug 1993

s. 11: 1 Jul 1993 (see s. 2(1));
s. 6: 27 Aug 1993 (see s. 2(2))

Acts Amendment (Vehicles on Roads) Act 1994 Pt. 3

13 of 1994

15 Apr 1994

17 May 1994 (see s. 2 and Gazette 17 May 1994 p. 2065)

Taxi Act 1994 s. 48

83 of 1994

20 Dec 1994

10 Jan 1995 (see s. 2 and Gazette 10 Jan 1995 p. 73)

Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 Pt. 19

92 of 1994

23 Dec 1994

1 Jan 1995 (see s. 2(1) and Gazette 30 Dec 1994 p. 7211)

Reprint of the Road Traffic Act 1974 as at 1 Jun 1995 (includes amendments listed above)

Road Traffic Amendment Act 1995

21 of 1995

13 Jul 1995

s. 1 and 2: 13 Jul 1995;
Act other than s. 1 and 2: 25 Nov 1995 (see s. 2 and Gazette 24 Nov 1995 p. 5390)

Acts Amendment (Vehicle Licences) Act 1995 Pt. 2

57 of 1995

20 Dec 1995

20 Dec 1995 (see s. 2)

Sentencing (Consequential Provisions) Act 1995 Pt. 71 and s. 147

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Road Traffic (Fees for Vehicle Licences) Regulations 1996 published: Gazette 24 May 1996 p. 2181-9

24 May 1996

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Consumer Credit (Western Australia) Act 1996 s. 13

30 of 1996

10 Sep 1996

1 Nov 1996 (see s. 2)

Road Traffic Amendment (Measuring Equipment) Act 1996

37 of 1996

27 Sep 1996

27 Sep 1996 (see s. 2)

Financial Legislation Amendment Act 1996 s. 27(3) and 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2)

Road Traffic Amendment Act 1996 12, 13

76 of 1996
(as amended by No. 49 of 1996 s. 27(4); No. 54 of 2006 s. 43(2))

14 Nov 1996

s. 1 and 2: 14 Nov 1996;
Act other than s. 1, 2 and 8(3): 1 Feb 1997 (see s. 2 and Gazette 31 Jan 1997 p. 613)

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1996 published: Gazette 17 Dec 1996 p. 7014-15

17 Dec 1996

Reprint of the Road Traffic Act 1974 as at 25 Mar 1997 (includes amendments listed above)

Road Traffic (Fees for Vehicle Licences) Regulations 1997 published: Gazette 13 May 1997 p. 2344-9

13 May 1997

Road Traffic Amendment Act 1997 14

50 of 1997

12 Dec 1997

s. 1 and 2: 12 Dec 1997;
Act other than s. 1 and 2: 1 Jan 1998 (see s. 2 and Gazette 23 Dec 1997 p. 7400)

Statutes (Repeals and Minor Amendments) Act 1997 s. 106

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Road Traffic (Fees for Vehicle Licences) Regulations 1998 published: Gazette 12 May 1998 p. 2799-800

15 May 1998 (see r. 2)

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1998 published: Gazette 3 Jul 1998 p. 3603-4

3 Jul 1998 (see r. 2)

Road Traffic Amendment Act 1998

52 of 1998

7 Dec 1998

7 Dec 1998 (see s. 2)

Perth Parking Management (Consequential Provisions) Act 1999 s. 7(4)

16 of 1999

19 May 1999

7 Aug 1999 (see s. 2 and Gazette 6 Aug 1999 p. 3727)

Road Traffic (Fees for Vehicle Licences) Regulations 1999 published: Gazette 25 May 1999 p. 2070-1

25 May 1999 (see r. 2)

Revenue Laws Amendment (Assessment) Act 1999 Pt. 3

24 of 1999

29 Jun 1999

1 Jul 1999 (see s. 2(3))

Reprint of the Road Traffic Act 1974 as at 17 Sep 1999 (includes amendments listed above)

School Education Act 1999 s. 247

36 of 1999

2 Nov 1999

1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

Acts Amendment (Police Immunity) Act 1999 s. 9

42 of 1999

25 Nov 1999

25 Nov 1999 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2000 published: Gazette 17 May 2000 p. 2421-3

31 May 2000 (see r. 2 and Gazette 17 May 2000 p. 2426)

Statutes (Repeals and Minor Amendments) Act 2000 s. 39 and 55

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Road Traffic Amendment
Act 2000 Pt. 2 15-19

39 of 2000
(as amended by No. 5 of 2002 s. 15; No. 45 of 2002 s. 28(2);
No. 84 of 2004 s. 80 (cl. 124))

10 Oct 2000

s. 3, 17(1), 34-37 and 47(3): 30 Jan 2001 (see s. 2 and Gazette 30 Jan 2001 p. 615);
s. 18, 23, 24, 27, 29 and 48 and Sch. 1 (except cl. 3 and 5): 5 Feb 2001 (see s. 2 and Gazette 30 Jan 2001 p. 615);
s. 19-22, 25, 26, 28 and 45 and Sch. 1 cl. 3 and 5: 7 May 2001 (see s. 2 and Gazette 23 Mar 2001 p. 1665);
Proclamation of 9 Feb 2001 p. 767 revoked (see Gazette 23 Mar 2001 p. 1665);
s. 6 deleted by No. 5 of 2002 s. 15;
s. 4, 5, 7-16, 17(2), 30-33, 38-44, 46, 47(1), (2) and (4): 1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244-5)

Acts Amendment (Fines Enforcement and Licence Suspension) Act 2000 Pt. 3

51 of 2000

28 Nov 2000

5 Feb 2001 (see s. 2 and Gazette 30 Jan 2001 p. 615)

Road Traffic (Fees for Vehicle Licences) Regulations 2001 published: Gazette 29 Jun 2001 p. 3247

29 Jun 2001 (see r. 2)

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 2001 published: Gazette 14 Aug 2001 p. 4256-8

14 Aug 2001 (see r. 2)

Reprint of the Road Traffic Act 1974 as at 19 Oct 2001 (includes amendments listed above except those in the Road Traffic Amendment Act 2000 s. 4-16, 17(2), 30-33, 38-44, 46, 47(1), (2) and (4))

Road Traffic Amendment Act 2001

27 of 2001

21 Dec 2001

s. 1 and 2: 21 Dec 2001;
Act other than s. 1 and 2: 10 Aug 2002 (see s. 2 and Gazette 9 Aug 2002 p. 3853-4)

Road Traffic Amendment (Vehicle Licensing) Act 2001 Pt. 2

28 of 2001 (as amended by No. 45 of 2002 s. 29(2))

21 Dec 2001

4 Dec 2006 (see s. 2 and Gazette 28 Nov 2006 p. 4889)

Road Traffic (Fees for Vehicle Licenses) Regulations 2002 published: Gazette 17 May 2002 p. 2558-60

17 May 2002 (see r. 2)

Motor Vehicle Dealers Amendment Act 2002 s. 72

4 of 2002

4 Jun 2002

1 Sep 2002 (see s. 2 and Gazette 13 Aug 2002 p. 4151)

Road Safety Council Act 2002 s. 15

5 of 2002

4 Jun 2002

1 Jul 2002 (see s. 2(1) and Gazette 1 Jul 2002 p. 3205)

Machinery of Government (Planning and Infrastructure) Amendment Act 2002 Pt. 7 20

7 of 2002

19 Jun 2002

1 Jul 2002 (see s. 2 and Gazette 28 Jun 2002 p. 3037)

Taxation Administration (Consequential Provisions) Act 2002 s. 27 21

45 of 2002

20 Mar 2003

1 Jul 2003 (see s. 2(1) and (2) and Gazette 27 Jun 2003 p. 2383)

Nurses Amendment Act 2003 Pt. 3 Div. 7

9 of 2003

9 Apr 2003

9 Apr 2003 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2003 published: Gazette 20 May 2003 p. 1804-6

31 May 2003 (see r. 2)

Sentencing Legislation Amendment and Repeal Act 2003 Pt. 3 and s. 92

50 of 2003

9 Jul 2003

Pt. 3: 30 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833);
s. 92: 15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)

Statutes (Repeals and Minor Amendments) Act 2003 s. 105 22

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Criminal Code Amendment Act 2004 s. 58

4 of 2004

23 Apr 2004

21 May 2004 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2004 published: Gazette 28 May 2004 p. 1843-5

31 May 2004 (see r. 2)

Road Traffic Amendment Act 2004

6 of 2004

10 Jun 2004

10 Jun 2004 (see s. 2)

Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2004

10 of 2004

23 Jun 2004

s. 1 and 2: 23 Jun 2004;
Act other than s. 1 and 2: 4 Sep 2004 (see s. 2 and Gazette 3 Sep 2004 p. 3849)

Reprint 8: The Road Traffic Act 1974 as at 16 Jul 2004 (includes amendments listed above except those in the Road Traffic Amendment Act 2000 s. 4, 5, 7-16, 17(2), 30-33, 38-44, 46, 47(1), (2) and (4), Road Traffic Amendment (Vehicle Licensing) Act 2001 and the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2004 )

Road Traffic Amendment (Dangerous Driving) Act 2004 23

44 of 2004

9 Nov 2004

s. 1 and 2: 9 Nov 2004;
Act other than s. 1 and 2: 1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7132)

Courts Legislation Amendment and Repeal Act 2004 s. 141 24

59 of 2004 (as amended by No. 2 of 2008 s. 77(13))

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 115 25

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Criminal Law Amendment (Simple Offences) Act 2004 s. 82

70 of 2004

8 Dec 2004

31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78, 80 and 82

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction: Gazette 7 Jan 2005 p. 53))

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 2004 published: Gazette 24 Dec 2004 p. 6255

1 Feb 2005 (see r. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2005 published: Gazette 27 May 2005 p. 2306-8

31 May 2005 (see r. 2)

Reprint 9: The Road Traffic Act 1974 as at 10 Mar 2006 (includes amendments listed above except those in the Road Traffic Amendment (Vehicle Licensing) Act 2001 )

Road Traffic (Fees for Vehicle Licences) Regulations 2006 published: Gazette 26 May 2006 p. 1885-8

31 May 2006 (see r. 2)

Nurses and Midwives Act 2006 Sch. 3 cl. 20

50 of 2006

6 Oct 2006

19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711)

Road Traffic Amendment Act 2006 Pt. 2 (s. 3-35) 26-28

54 of 2006

26 Oct 2006

s. 27: 7 Jul 2007 (see s. 2 and Gazette 6 Jul 2007 p. 3385);
s. 19: 11 Oct 2007 (see s. 2 and Gazette 11 Oct 2007 p. 5475);
Pt. 2 (other than s. 19 and 27): 30 Jun 2008 (see s. 2 and Gazette 10 Jun 2008 p. 2471)

Financial Legislation Amendment and Repeal Act 2006 s. 4

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Road Traffic Amendment Act 2007

4 of 2007

11 Apr 2007

s. 1 and 2: 11 Apr 2007;
Act other than s. 1 and 2: 1 May 2007 (see s. 2 and Gazette 27 Apr 2007 p. 1831)

Road Traffic Amendment (Drugs) Act 2007 Pt. 2

6 of 2007

23 May 2007

12 Oct 2007 (see s. 2 and Gazette 11 Oct 2007 p. 5475)

Chemistry Centre (WA) Act 2007 s. 43

10 of 2007

29 Jun 2007

1 Aug 2007 (see s. 2(1) and Gazette 27 Jul 2007 p. 3735)

Road Traffic Amendment Act (No. 2) 2007 Pt. 2
(s. 3-40)

39 of 2007

21 Dec 2007

Div. 6: 22 Dec 2007 (see s. 2(j));
s. 3-16 (other than s. 6(2)(b)(ii), 19-24, 27-30: 15 Mar 2008 (see s. 2(b)-(j) and Gazette 14 Mar 2008 p. 829);
s. 6(2)(b)(ii): 15 Mar 2008 (see s. 2(c));
s. 17, 18 and 25: 30 Jun 2008 (see s. 2(d)-(f));
s. 26 and Div. 5: 1 Jul 2008 (see s. 2(g)-(i) and Gazette 27 Jun 2008 p. 3117);
Div. 4 (other than s. 26): 1 Dec 2010 (see s. 2(g) and Gazette 12 Nov 2010 p. 5659)

Acts Amendment (Justice) Act 2008 s. 131

5 of 2008

31 Mar 2008

30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)

Duties Legislation Amendment Act 2008
Sch. 1 cl. 33

12 of 2008

14 Apr 2008

1 Jul 2008 (see s. 2(d))

Medical Practitioners Act 2008 Sch. 3 cl. 51

22 of 2008

27 May 2008

1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)

Road Traffic Amendment Act 2008

24 of 2008

13 Jun 2008

s. 1 and 2: 13 Jun 2008 (see s. 2(1)(a));
Act other than s. 1, 2, 5(a) and 8: 19 Jul 2008 (see s. 2(1)(b) and Gazette 18 Jul 2008 p. 3329);
s. 5(a) and 8: 1 Jul 2009 (see s. 2(1)(b) and (2) and Gazette 23 Jun 2009 p. 2423)

Criminal Law Amendment (Homicide) Act 2008 s. 38

29 of 2008

27 Jun 2008

1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353)

Reprint 10: The Road Traffic Act 1974 as at 3 Oct 2008 (includes amendments listed above except those in the Medical Practitioners Act 2008 , Road Traffic Amendment Act (No. 2) 2007 Pt. 2 Div. 4 (other than s. 26) and the Road Traffic Amendment Act 2008 s. 5(a) and 8) (correction: Gazette 19 Oct 2010 p. 5202)

Road Traffic Amendment (Hoons) Act 2009 Pt. 2

23 of 2009

6 Oct 2009

1 Jan 2010 (see s. 2(1)(b) and (2) and Gazette 31 Dec 2009 p. 5421)

Road Traffic Legislation Amendment (Registration Labels) Act 2009 Pt. 2

39 of 2009

3 Dec 2009

1 Jan 2010 (see s. 2(b))

Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010 s. 12

14 of 2010

25 Jun 2010

1 Jul 2010 (see s. 2(b) and Gazette 30 Jun 2010 p. 3185)

Standardisation of Formatting Act 2010 s. 51

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Road Traffic Amendment Act 2010

20 of 2010

7 Jul 2010

s. 1 and 2: 7 Jul 2010 (see s. 2(a));
Act other than s. 1 and 2: 1 Sep 2010 (see s. 2(b) and Gazette 27 Aug 2010 p. 4105)

Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 45

35 of 2010

30 Aug 2010

18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)

Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010 Pt. 2 (other than s. 12(2)(c), (5)(d) and (7)(b)) 29

51 of 2010 (as amended by No. 17 of 2014 s. 36)

8 Dec 2010

s. 3 and 6-10: 9 Dec 2010 (see s. 2(b));
s. 4 and 13: 9 Apr 2011 (see s. 2(c) and Gazette 8 Apr 2011 p. 1281);
s. 12 (other than 12(2)(c), (5)(d) and (7)(b)): 4 Jul 2011 (see s. 2(c) and Gazette 20 May 2011 p. 1837);
s. 5, 11, 14 and 15: 1 Aug 2012 (see s. 2(c) and Gazette 27 Jul 2012 p. 3664)

Reprint 11: The Road Traffic Act 1974 as at 28 Jan 2011 (includes amendments listed above except those in the Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010 s. 4, 5 and 11-15)

Road Traffic Amendment (Alcohol and Drug Related Offences) Act 2011 Pt. 2

14 of 2011

25 May 2011

1 Oct 2011 (see s. 2(b) and Gazette 30 Aug 2011 p. 3503)

Road Traffic Legislation Amendment (Information) Act 2011 Pt. 2

18 of 2011

2 Jun 2011

Pt. 2 (other than s. 9): 30 Jun 2011 (see s. 2(b) and Gazette 29 Jun 2011 p. 2611);
s. 9: 14 Jan 2013 (see s. 2(b) and Gazette 4 Jan 2013 p. 3)

Personal Property Securities (Consequential Repeals and Amendments) Act 2011 Pt. 12 Div. 3

42 of 2011

4 Oct 2011

30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011)

Manslaughter Legislation Amendment Act 2011 Pt. 3

58 of 2011

30 Nov 2011

17 Mar 2012 (see s. 2(b) and Gazette 16 Mar 2012 p. 1245)

Road Traffic Legislation Amendment Act 2012 Pt. 3 (s. 4-38)

8 of 2012 (as amended by No. 10 of 2015 s. 14-18)

21 May 2012

Pt. 3 (s. 15-18): 1 Aug 2012 (see s. 2(c)(ii) and Gazette 27 Jul 2012 p. 3664);
Pt. 3 (other than s. 15-18): 27 Apr 2015 (see s. 2(b)(i) and (d) and Gazette 17 Apr 2015 p. 1371)

Fire and Emergency Services Legislation Amendment Act 2012 Pt. 7 Div. 13

22 of 2012

29 Aug 2012

1 Nov 2012 (see s. 2(b) and Gazette 31 Oct 2012 p. 5255)

Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 Pt. 4 Div. 7

48 of 2012

29 Nov 2012

21 Aug 2013 (see s. 2(b) and Gazette 20 Aug 2013 p. 3815)

Road Traffic (Miscellaneous Amendments) Act 2012 Pt. 2

59 of 2012
(as amended by No. 10 of 2015 s. 21)

11 Dec 2012

Pt. 2 (other than s. 12): 12 Dec 2012 (see s. 2(b));
s. 12: 27 Apr 2015 (see s. 2(c)(ii) and Gazette 17 Apr 2015 p. 1371)

Reprint 12: The Road Traffic Act 1974 as at 22 Mar 2013 (includes amendments listed above except those in the Road Traffic Legislation Amendment Act 2012 Pt. 3 (other than s. 15-18), the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 and the Road Traffic (Miscellaneous Amendments) Act 2012 s. 12)

Medicines and Poisons Act 2014 s. 188

13 of 2014

2 Jul 2014

30 Jan 2017 (see s. 2(b) and Gazette 17 Jan 2017 p. 403)

Statutes (Repeals and Minor Amendments) Act 2014 s. 35

17 of 2014

2 Jul 2014

6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213)

Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015 Pt. 2 (other than s. 9) and Pt. 3 Div. 1 30

2 of 2015
(as amended by No. 20 of 2019 s. 7)

25 Feb 2015

Pt. 2 (other than s. 9): 4 Apr 2016 (see s. 2(1)(b) and Gazette 24 Mar 2016 p. 927);
Pt. 3 Div. 1: 24 Oct 2016 (see s. 2(1)(b) and (2) and Gazette 20 Sep 2016 p. 3965)

Road Traffic Legislation Amendment Act 2015 Pt. 2

10 of 2015

1 Apr 2015

2 Apr 2015 (see s. 2(b))

Reprint 13: The Road Traffic Act 1974 as at 12 Jun 2015 (includes amendments listed above except those in the Medicines and Poisons Act 2014 and the Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015 )

Public Health (Consequential Provisions) Act 2016 s. 101

19 of 2016

25 Jul 2016

24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165)

Road Traffic Legislation Amendment Act 2016 Pt. 2 Div. 1, Pt. 3 Div. 1 Subdiv. 1, Div. 2, Div. 3 Subdiv. 1, Div. 4 Subdiv. 1 (other than s. 64) 33

25 of 2016
(as amended by No. 20 of 2019 s. 9)

21 Sep 2016

Pt. 1: 21 Sep 2016 (see s. 2(a));
Pt. 2: Div. 1: 22 Sep 2016 (see s. 2(b));
Pt. 3 Div. 1 Subdiv. 1, Div. 3 Subdiv. 1 (other than s. 46 and 53) and Div. 4 Subdiv. 1 (other than s. 64): 28 Nov 2016 (see s. 2(c) and Gazette 25 Nov 2016 p. 5279);
Pt. 3 Div. 2, s. 46 and 53: 10 Mar 2017 (see s. 2(c) and Gazette 7 Feb 2017 p. 1158-9)

Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 Pt. 2 31

51 of 2016

28 Nov 2016

14 Jan 2017 (see s. 2(1)(b) and (2) and Gazette 13 Jan 2017 p. 338)

Reprint 14: The Road Traffic Act 1974 as at 1 Dec 2017 (includes amendments listed above)

Health Practitioner Regulation National Law (WA) Amendment Act 2018 s. 120

4 of 2018

19 Apr 2018

1 Dec 2018 (see s. 2(d) and Gazette 13 Nov 2018 p. 4427-8)

Road Traffic Amendment (Driving Offences) Act 2018 Pt. 2

19 of 2018

7 Sep 2018

17 Nov 2018 (see s. 2(b) and Gazette 16 Nov 2018 p. 4523)

Transport (Road Passenger Services) Act 2018 Pt. 14 Div. 2 Subdiv. 3

26 of 2018

30 Oct 2018

2 Jul 2019 (see s. 2(b) and Gazette 28 Jun 2019 p. 2473)

Road Traffic Amendment (Blood Alcohol Content) Act 2019

20 of 2019

15 Aug 2019

Pt. 1: 15 Aug 2019 (see s. 2(a));
Act other than Pt. 1: 12 Sep 2019 (see s. 2(b))

Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 Pt. 2

27 of 2020

9 Jul 2020

s. 3 and 39: 12 Oct 2020 (see s. 2(1)(b) and SL 2020/148 cl. 2);
s. 24 and 26: 28 Oct 2020 (see s. 2(1)(b) and SL 2020/199 cl. 2);
s. 29(10) and 33: 26 Feb 2021 (see s. 2(1)(b) and SL 2020/254 cl. 2);
Pt. 2 (other than s. 3, 24, 26, 29(10), 33 and 39): 1 Jul 2021 (see s. 2(1)(b) and SL 2021/54 cl. 2(a)-(c))

Road Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Act 2020 Pt. 2

38 of 2020

10 Nov 2020

14 Dec 2020 (see s. 2(1)(b) and SL 2020/229 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Public Health (Consequential Provisions) Act 2016 Pt. 5 Div. 21

19 of 2016

25 Jul 2016

To be proclaimed (see s. 2(1)(c))

Other notes

1M         Under the Cross-border Justice Act 2008 section 14, in order to give effect to that Act, this Act must be applied with the modifications prescribed by the Cross-border Justice Regulations 2009 Part 3 Division 19 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.

1         Footnote no longer applicable.

2         Repealed by the Interpretation Act 1984 .

3         The Road Traffic Amendment Act (No. 2) 1982 s. 30 and 31 deleted the Road Traffic Act Amendment Act 1978 s. 16(a), (b) and (c) and 23 .

4         The Road Traffic Amendment Act (No. 2) 1980 s. 10(2) reads as follows:


        (2)         A traffic sign or traffic control signal or similar device purported to have been erected for the purposes of the principal Act and the regulations made thereunder before the coming into operation of this section shall be and always have been a valid and effective traffic sign, traffic control signal, or device for those purposes.


5         The Road Traffic Amendment Act (No. 2) 1982 s. 21(2) is a transitional provision that is of no further effect.

6         The Road Traffic Amendment Act (No. 2) 1987 s. 10(2) reads as follows:


        (2)         A certificate that was in force under section 72(3)(b) of the principal Act immediately before the commencement of subsection (1)(d) shall have effect after that commencement as if it certified the person named in the certificate as being competent to operate all types of breath analysing equipment.


7         The Road Traffic Amendment Act (No. 2) 1987 s. 11(b) had not come into operation when it was deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 112.

8         The Road Traffic Amendment Act 1988 s. 17(2) and (3) read as follows:


        (2)         In subsection (3) the relevant regulations means any regulations purporting to have been made under the principal Act before 1 July 1984 that would have been authorised under section 43(7) or (8) of the Interpretation Act 1984 if they had been made on or after 1 July 1984.

        (3)         The principal Act as enacted from time to time before 1 July 1984 is deemed to have authorised the making of the relevant regulations and those regulations shall be deemed to have taken effect and had the force of law accordingly.


9         The Road Traffic Amendment (Random Breath Tests) Act 1989 s. 4 and the Road Traffic Amendment Act 1996 s. 41 amended the Road Traffic Amendment (Random Breath Tests) Act 1988 s. 5, which was deleted by the Road Traffic Amendment Act 2000 s. 67.

10         The Acts Amendment (Chemistry Centre (WA)) Act 1990 s. 9 and 10 read as follows:


9.         Saving of certificates and labels

                A certificate or label issued under the principal Act that purports to have been signed by the director of the Government Chemical Laboratories or prepared by the Government Chemical Laboratories before the commencement of this Act shall continue to have effect as if this Act had not come into operation.

10.         Validation

                Every act or thing purporting to have been done by the Director or any other officer of the Chemistry Centre (WA) under the principal Act before the commencement of this Act that would have been lawful if this Act had been in force at the time when it was done is hereby validated and declared to have been lawfully done.


11         The Criminal Law Amendment Act 1991 cl. 1(2) of Pt. A of the Sch. reads as follows:


        (2)         Notwithstanding subclause (1), section 59(2), as it was immediately before the commencement of this clause, continues to apply in relation to —

            (a)         any death that occurred before the commencement of this clause; and

            (b)         any death that occurs after the commencement of this clause if the driving which directly or indirectly causes the death occurs not less than a year and a day before the commencement of this clause.


12         The Road Traffic Amendment Act 1996 s. 52 reads as follows:


52.         Actions of delegates validated

        (1)         Anything done before the commencement of this section by a person acting under any delegation purporting to have been made by the Traffic Board under any written law, is as valid and has the same force and effect, and is to be regarded as having always been as valid and had the same force and effect, as if it had been done by the Traffic Board.

        (2)         In subsection (1) —

        Traffic Board means the Traffic Board constituted under section 6 of the Road Traffic Act 1974 as it was before the commencement of this Act.


13         The Road Traffic Amendment Act 1996 s. 8(3) was deleted by the Road Traffic Amendment Act 2006 s. 43(2).

14         The amendment in the Road Traffic Amendment Act 1997 s. 13 to amend s. 20(2) did not come into operation because of an error in the reference to the provision to be amended.

15         The Road Traffic Amendment Act 2000 s. 48 and Sch. 1 read as follows:


48.         Savings and transitional

                Schedule 1 has effect.


Schedule 1 -- Savings and transitional

[s. 48]

1.         Interpretation

                In this Part —

        commencement day means the day on which this Act comes into operation under section 2.

2.         Section 18 amendments have no effect in relation to certain applications

                The amendments made by section 18 have no effect in relation to an application for a driver’s licence by a person who holds a permit issued under section 48C of the Road Traffic Act 1974 before the commencement day.

3.         Licences to drive vehicles formerly classified by reference to use

                If —

            (a)         immediately before the commencement day, a person was the holder of a driver’s licence authorising the person to drive a motor vehicle classified under section 43(2) by reference to the purpose for which or manner in which it is being used; and

            (b)         on and after the commencement day the purpose or manner is prohibited by regulations under section 43(1)(aa) of the Road Traffic Act 1974 ,

                the licence, or any new class of licence held by the person under section 43(1)(e) of the Road Traffic Act 1974 , is to be regarded as having been endorsed to confer the authority to drive for that purpose or in that manner.

4.         Section 23 amendments have effect only in relation to licences issued after commencement

                The amendments made by section 23 have effect only in relation to a driver’s licence issued after the commencement day.

5.         Duplicate licences

                If —

            (a)         after the commencement day a person applies for a duplicate of a driver’s licence under section 48B of the Road Traffic Act 1974 ; and

            (b)         the licence was issued before the commencement day without the photograph and signature of the licence holder,

                then section 42B of the Road Traffic Act 1974 applies to the issue of the duplicate as if it were the issue of a driver’s licence.


16         The amendment in the Road Traffic Amendment Act 2000 s. 16(2) to amend s. 25(2) is not included because the subsection it sought to amend had been deleted by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1062(2).

17         The amendment in the Road Traffic Amendment Act 2000 s. 33 to amend s. 59(1a) is not included because the subsection it sought to amend had been deleted by the Criminal Code Amendment Act 2004 Sch. 3 cl. 27(3).

18         The amendment in the Road Traffic Amendment Act 2000 s. 33 to amend s. 59(3) is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment (Dangerous Driving) Act 2004 s. 5(3).

19         The amendment in the Road Traffic Amendment Act 2000 s. 39 to amend s. 89 is not included because the section it sought to amend had been deleted by the Criminal Law Amendment (Simple Offences) Act 2004 s. 82.

20         The Machinery of Government (Planning and Infrastructure) Amendment Act 2002 s. 67-69 read as follows:


67.         Agreements under former Transport Co-ordination Act 1966 section 15C

        (1)         To the extent that, immediately before the commencement of this Act, an agreement under the former section 15C made provision about the performance of functions of the former Director General under a relevant Act, the agreement continues, when this Act comes into operation, as an agreement under the new provision of the relevant Act.

        (2)         To the extent that the agreement continues under subsection (1), it applies as if —

            (a)         instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and

            (b)         instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act.

        (3)         In this section —

        former Director General means the Director General of Transport under the Transport Co-ordination Act 1966 section 8 as in force before it was repealed by this Act;

        former section 15C means the Transport Co-ordination Act 1966 section 15C as in force before it was repealed by this Act;

        new provision means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 section 4B;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 section 4A;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 section 3QA; or

            (d)         the Road Traffic Act 1974 section 6B;

        relevant Act means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 ;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 ;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 ; or

            (d)         the Road Traffic Act 1974 .

68.         Delegations under former Transport Co-ordination Act 1966 section 18

        (1)         To the extent that, immediately before the commencement of this Act, a delegation under the former section 18 applied to the performance of functions or powers of the former Director General under a relevant Act, the delegation continues, when this Act comes into operation, as a delegation under the new provision of the relevant Act.

        (2)         To the extent that the delegation continues under subsection (1), it applies as if —

            (a)         instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act;

            (b)         instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and

            (c)         any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given.

        (3)         In this section —

        former Director General means the Director General of Transport under the Transport Co-ordination Act 1966 section 8 as in force before it was repealed by this Act;

        former section 18 means the Transport Co-ordination Act 1966 section 18 as in force before it was amended by this Act;

        new provision means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 section 4A;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 section 4;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 section 3QB;

            (d)         the Rail Safety Act 1998 section 57A;

            (e)         the Road Traffic Act 1974 section 6A; or

            (f)         the Transport Co-ordination Act 1966 section 18;

        relevant Act means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 ;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 ;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 ;

            (d)         the Rail Safety Act 1998 ;

            (e)         the Road Traffic Act 1974 ; or

            (f)         the Transport Co-ordination Act 1966 .

69.         Regulations about transitional matters

        (1)         If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary or convenient, for dealing with the transitional matter.

        (2)         In subsection (1) —

        transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.

        (3)         Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the Gazette .

        (4)         To the extent that a regulation including a provision described in subsection (1) may have effect before the day of its publication in the Gazette , it does not —

            (a)         affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or

            (b)         impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication.


21         The Taxation Administration (Consequential Provisions) Act 2002 s. 30 and 32 will not come into operation (see s. 2(2)).

22         The amendment in the Statutes (Repeals and Minor Amendments) Act 2003 s. 105(4) is not included because the section it sought to amend had been replaced by the Sentencing Legislation Amendment and Repeal Act 2003 s. 28.

23         The Road Traffic Amendment (Dangerous Driving) Act 2004 s. 12 reads as follows:


12.         Review

        (1)         The Minister is to carry out a review of the operations and effectiveness of the amendments made to the Road Traffic Act 1974 by this Act as soon as is practicable after the expiry of 18 months from the commencement of the Road Traffic Amendment (Dangerous Driving) Act 2004 .

        (2)         The Minister is to prepare a report based on the review carried out under subsection (1) and is to cause that report to be laid before each House of Parliament as soon as practicable.


24         The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 46 was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(13).

25         The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

26         The amendment in the Road Traffic Amendment Act 2006 s. 15(a) to amend the Table to s. 64(2) is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment Act (No. 2) 2007 s. 6.

27         The amendment in the Road Traffic Amendment Act 2006 s. 22(9) to amend s. 76 is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment (Vehicle Licensing) Act 2001 s. 23.

28         The Road Traffic Amendment Act 2006 s. 35(2) and Pt. 3 read as follows:


35.         Sections 111AA and 111AB inserted and saving

        (2)         A declaration under section 103A of the Road Traffic Act 1974 or regulation under section 103B of that Act made before the commencement of this section is to have effect after the commencement of this section as if it was made under section 111AA or 111AB, as the case requires, of that Act.


Part 3 — Transitional provision

36.         Existing demerit points

                Points currently recorded in respect of a person under section 103 of the Road Traffic Act 1974 immediately before that section is repealed by section 29, and details of any offence in respect of which the points were recorded, are to be recorded as demerit points against the person in the demerit points register referred to in Part VIA of the Road Traffic Act 1974 as inserted by section 31.


29         The Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010 s. 12(2)(c), (5)(d) and (7)(b) had not come into operation when they were deleted by the Statutes (Repeals and Minor Amendments) Act 2014 s. 36.

30         The Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015 s. 9 had not come into operation when it was deleted by the Road Traffic Amendment (Blood Alcohol Content) Act 2019 s. 7.

31         The Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 s. 5 and Pt. 3 Div. 3 will not come into operation (see. s. 57(1)).

32         The Taxi Drivers Licensing Act 2014 Pt. 10 Div. 1 could not come into operation because the sections it sought to amend were deleted by the Road Traffic Legislation Amendment Act 2012 s. 8. Subsequently, the Taxi Drivers Licensing Act 2014 was repealed by the Transport (Road Passenger Services) Act 2018 s. 304 before it purported to come into operation.

33         The Road Traffic Legislation Amendment Act 2016 s. 64 had not come into operation when it was deleted by the Road Traffic Amendment (Blood Alcohol Content) Act 2019 s. 9.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
above the speed limit         49AAA
alleged conduct         71C(1)
alleged offence         71C(1)
alleged offender         71C(1), 79BCA(1), 79BCD(1), 79D(2) and (6)
alternative vehicle         79BCD(4), 79B(3C)
amendment Act         109(1)
analyst         65
approved         78A(1)
approved device         65
approved expert         70(7)
authorised drug tester         65
authorised enforcement action         91, 93
authorised person         65
blood alcohol content         65
breath analysing equipment         65
business day         91
business owner         79D(2)
cancellation provision         62B(3), 64A(1A)
circumstances of aggravation         49AB(1)
commencement day         72(8), 91, 109(1), 110(1), 110A(1)
Commissioner         78A(1), 80G(1)
conduct         65
confiscated motor cycle         80V(1)
confiscated vehicle         80J(1)
confiscation zone         49AAA
consent         91, 92(1)
controller         91
day of the offence         78A(1)
debtor         105C(4)
dentist         65
disqualification notice         71C(2)
driver         49A(1), 54(1), (2) and (6), 55(1) and (4), 56(1) and (4), 59(1), 59A(1),         59BA(1), 79BC(1)
driver assessment         65
drug         65
drugs analyst         65
drug testing         65
event         81A
expenses         80J(1)
first person         110A(2)
former         109(1)
former Act         110(1)
former owner         80M(1)
grievous bodily harm         49AAA
hired         78A(1)
immediate family         80N
impound         78A(1)
impounded vehicle         79D(1), 80JA(1)
impounding offence (driver’s licence)         78A(1)
impounding offence (driving)         78A(1)
impounding or confiscation order         78A(1)
impounding order         78A(1)
impounding period         78A(1)
impounding provision         79BA(1), 79BCA(5), 79BCD(5)
initially impounded vehicle         79BCA(1)
instructor         49AAA
interest         78A(1)
item         80J(1), 80M(1), 80V(1)
learner driver         49AAA
lent         78A(1)
load         91
maximum storage charges amount         105A(1)
maximum towing charges amount         105(1)
medical practitioner         65
Minister         72(3A)
motor cycle         49AAA
necessity permit         49A(5)
notice to surrender         79BCC(1)
nurse practitioner         65
offence         60B(1), 79BA(1), 79BCA(1), 79BCD(1)
offender         71B(1), 80LA(1)
on-site release charge         91, 100(2)
order         80G(1), 81A
parked         91
parking agreement         91
parking facility         91
passenger transport vehicle         79D(1)
police officer         71C(1), 79BA(1)
post-impoundment expenses         80I(1A)
preliminary oral fluid test         65
preliminary test         65
prescribed authorisation -         49AB(1AA)
prescribed illicit drug         65
prescribed sample taker         65
previous offender         79(1A), 79BC(1)
prohibition notice         71BA(1)
provide a prohibited service         105H(1)
provide driving instruction         49AAA
provider of a passenger transport vehicle         79D(1)
public entity         91
radar detector         81G(1)
reasonable expenses         78A(1)
reckless manner         60(1)
registered nurse         65
relevant offence         49(7)
relevant person         91
relevant premises         97(1), 100(1)
requirement         67(1), 67AC(1), 67AD(1), 68A(1)
road         81A
road rage circumstances         78A(1)
road rage offence         78A(1)
sample         71A(1)
school zone         49AAA
second person         110A(2)
security interest         91
security power         91
selling expenses         80LA(2)
senior police officer         78A(1)
serious bodily harm         66(8A)
service         79D(1)
shorter impounding period         79BC(2) and (3)
speed limit         49AAA
storage charges         91
storage yard         91
subject         71A(1)
substitute vehicle         79BCA(4), 79B(3A)
surrender alternative vehicle notice         79BCD(2)
surrender notice         79(1A), 79BA(2), 80N, 80P(2)
surrender period         78A(1)
surrender substitute vehicle notice         79BCA(2)
suspected use         80N
technologist         70(7)
tow         91
towing arrangement         91, 94(1)
towing charges         91
towing service provider         91, 94(1)
tow truck         91
tow truck driver         91
uncollected vehicle         80J(1), 80M(1)
undergoes         65
vehicle         79BA(1)
vehicle A         79BCD(1)
vehicle referred to in section 80GA         78A(1)
vehicle service provider         79D(1)
victim         54(2) and (6)



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