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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT LEGISLATION AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road
Transport Legislation Amendment Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road Transport
Legislation Amendment Bill 2002
A Bill for
An Act to amend the
Road Transport (Driver
Licensing) Act 1999 and the
Road Transport (General) Act 1999, and
for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport Legislation Amendment Act
2002.
(1) Sections 3 to 7 and 10 to 12 commence on the day after this Act is
notified.
(2) Sections 8 and 9 commence on the commencement of the Statute Law
Amendment Act 2002, part 3.66 (Road Transport (Driver Licensing) Act
1999).
(3) Sections 13 to 25 commence on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act 2001, s 75).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation
Act 2001, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act 2001, s 79).
Part
2 Road Transport (Driver Licensing)
Act 1999
This part amends the Road Transport (Driver Licensing) Act
1999.
insert
Part 3A Protection of photographs and
signatures
33A Application of pt 3A
This part applies to photographs and signatures taken by the road transport
authority, or given to the authority, in relation to applications for the issue,
replacement, renewal or variation by the authority of a driver licence or proof
of age card.
33B Definitions for pt 3A
In this part:
photograph means a photograph to which this part applies, and
includes a copy of a photograph.
Note Photograph includes a digitised, electronic or computer
generated image in a form approved by the road transport authority (see the
dict).
signature means a signature to which this part applies, and
includes a copy of a signature.
33C Use of photographs and
signatures
(1) The road transport authority may use a photograph or signature only
for 1 or more of the following purposes:
(a) for a photograph—to reproduce the likeness of a person on a
driver licence or proof of age card issued to the person;
(b) for a signature—to reproduce a person’s signature on a
driver licence or proof of age card issued to the person;
(c) to assist in establishing the identity of a person to decide whether
to issue, replace, renew or vary a driver licence or proof of age
card;
(d) to assist in establishing the identity of a person to decide whether
to register, or renew, vary or transfer the registration of, a vehicle under the
Road Transport (Vehicle Registration) Act 1999 or to replace a
certificate of registration under that Act;
(e) in relation to the investigation of, or the conduct of criminal
proceeding for, an offence against the road transport legislation;
(f) for a signature—any other purpose related to the administration
of the road transport legislation;
(g) a purpose prescribed under the regulations or allowed by another law
in force in the ACT.
Note The information Privacy Principles apply to the road transport
authority. Principle 10 states when personal information may be used by an
agency (see Privacy Act 1988 (Cwlth), s 14).
(2) A photograph or signature may be used for a purpose mentioned in this
section at the time that the photograph or signature is taken by, or given to,
the road transport authority or at any later time.
33D Disclosure of photographs and signatures by road
transport authority
(1) The road transport authority must ensure that a photograph or
signature is not disclosed by the authority to someone else
except—
(a) to a police officer; or
(b) to an entity of another jurisdiction that corresponds to the road
transport authority; or
(c) for a purpose in relation to the investigation of, or the conduct of,
a criminal proceeding for an offence against the road transport legislation or
in relation to a proof of age card; or
(d) to a court officer for the recovery of a fine (including proceedings
under the Magistrates Court Act 1930, division 9.2 (Enforcement of
fines)); or
(e) for a photograph—to the person shown in the photograph;
or
(f) for a signature—to the person who made the signature;
or
(g) to a person, or for a purpose, prescribed under the regulations or in
accordance with another law in force in the ACT.
Note The information Privacy Principles apply to the road transport
authority. Principle 11 states when personal information may be disclosed by an
agency (see Privacy Act 1988 (Cwlth), s 14).
(2) The regulations may limit the people to whom, the purposes for which,
or the circumstances when, a photograph or signature may be disclosed under
subsection (1) (a) to (d).
(3) In this section:
court officer means a person who is—
(a) the sheriff or a deputy sheriff under the Supreme Court Act
1933, another officer of the Supreme Court or a public servant assisting the
sheriff; or
(b) the registrar, a deputy registrar or a bailiff under the
Magistrates Court Act 1930 or a member of the staff of the Magistrates
Court assisting the registrar.
fine—see the Magistrates Court Act 1930, section
146.
33E Security of photographs and signatures
(1) The road transport authority must ensure that photographs and
signatures are disclosed by the authority to someone else only in accordance
with this Act or another law in force in the ACT.
(2) The regulations may prescribe how photographs and signatures are to be
kept.
33F Unauthorised reproduction of photographs and
signatures
(1) This section applies to a person (a record keeper) who
is employed or engaged in relation to any aspect of the production of driver
licences or proof of age cards or who is otherwise involved in the
administration or enforcement of the road transport legislation.
(2) A record keeper must not reproduce (by photographic or other means)
the likeness of the person who is shown (or is to be shown) on a driver licence
or proof of age card other than—
(a) for the administration or enforcement of the road transport
legislation or the Liquor Act 1975, section 175; or
(b) in accordance with, or for any other purpose mentioned in, section 33C
(Use of photographs and signatures) or section 33D (Disclosure of
photographs and signatures by road transport authority).
Maximum penalty: 20 penalty units.
(3) A record keeper must not reproduce (by any means) the signature of the
person to whom a driver licence or proof of age card is issued (or is to be
issued) other than—
(a) for the administration or enforcement of the road transport
legislation or the Liquor Act 1975, section 175; or
(b) in accordance with, or for any other purpose mentioned in, section 33C
(Use of photographs and signatures) or section 33D (Disclosure of
photographs and signatures by road transport authority).
Maximum penalty: 20 penalty units.
substitute
34 Additional matters about
identity
The road transport authority may refuse to issue, replace, renew or vary a
driver licence or proof of age card if—
(a) the applicant has not gone to a place designated by the road transport
authority and had a photograph taken, by a person authorised by the authority to
take photographs for this Act, that is suitable for use on the driver licence or
proof of age card; or
(b) in the authority’s opinion it is impracticable for the applicant
to go to a designated place and the applicant has not given the authority a
photograph of the applicant that the authority considers is suitable for use on
the driver licence or proof of age card; or
(c) the applicant has not given, in support of the application, evidence
that is required under the regulations or by the authority to establish the
applicant’s identity or home address.
6 Dictionary,
definition of photograph
substitute
photograph—
(a) includes a digitised, electronic or computer generated image in a form
approved by the road transport authority; and
(b) for part 3A (Protection of photographs and signatures)—see
section 33B.
7 Dictionary,
new definitions
insert
proof of age card means a card issued under the Liquor Act
1975, section 175 (1).
signature, for part 3A (Protection of photographs and
signatures)—see section 33B.
renumber when Act next republished under Legislation Act
2001
renumber when Act next republished under Legislation Act
2001
Part
3 Road Transport (General) Act
1999
This part amends the Road Transport (General) Act 1999.
11 Authorised
personsSection 19 (3)
(b)
omit
the road transport authority has certified in writing that, after
appropriate inquiry, the authority
substitute
the road transport authority
12 Identity
cardsSection 20 (1)
(b)
substitute
(b) the name of the person or the particulars that are, under the
regulations, identifying particulars for the person (or both); and
insert
Division 5.3 Written-off vehicles
register
83A Purposes of div 5.3
The purposes of this division are—
(a) to curtail trade in stolen vehicles by preventing vehicle information
about written-off vehicles, particularly vehicle identifiers, being used to
register stolen vehicles; and
(b) to facilitate inspection of written-off vehicles that have been
repaired; and
(c) to make information available to prospective purchasers about whether
a vehicle has previously been written-off.
83B Definitions for div 5.3
In this division:
total loss—see section 83C.
vehicle identifier means—
(a) for a vehicle manufactured before 1 January 1989—
(i) if the vehicle has a chassis or engine number—the number;
or
(ii) in any other case—any number permanently marked by the
vehicle’s manufacturer on the vehicle for its identification; or
(b) for a vehicle manufactured after 31 December 1988—
(i) if the vehicle has a vehicle identification number allocated in
accordance with an Australian Design Rule—the number; or
(ii) in any other case—any number permanently marked by the
vehicle’s manufacturer on the vehicle for its identification; or
(c) if a number mentioned in paragraph (a) or (b) has been replaced by the
road transport authority or an entity of another jurisdiction that corresponds
to the authority—the replacement number.
written-off vehicle means a vehicle that is assessed by a
person prescribed under the regulations to be a total loss.
written-off vehicles register means the written-off vehicles
register under section 83D.
83C When a vehicle is a total
loss
For this division, a vehicle is a total loss if the vehicle
has been damaged by any event to the extent that its fair salvage value plus the
cost of repairing the vehicle for use on a road or road related area would be
more than its fair market value immediately before the event that caused the
damage.
Examples of events that may damage a
vehicle
Collision, fire, flood, accident, trespass, dismantling and
demolition.
83D Written-off vehicles
register
(1) The road transport authority must keep a written-off vehicles
register.
(2) The register may include information given to the road transport
authority under this Act and any other information the authority considers
appropriate.
(3) The register may be kept in the form of, or as part of, 1 or more
computer databases or in any other form the road transport authority considers
appropriate.
(4) The road transport authority may correct any mistake, error or
omission in the register subject to the requirements (if any) of the
regulations.
(5) The road transport authority may authorise a person to make entries in
the register.
(6) This section does not limit the functions of the road transport
authority in relation to the register.
83E Security of information in
register
The road transport authority must ensure that information in the
written-off vehicles register that is of a personal nature or has commercial
sensitivity for the person about whom it is kept is released only in accordance
with this Act or another law in force in the ACT.
83F Regulations about written-off
vehicles
(1) The regulations may make provision in relation to written-off vehicles
and the written-off vehicles register, including—
(a) the vehicles to which this division applies; and
(b) when a prescribed person must give information to the road transport
authority about a written-off vehicle, the kind of information that must be
given, and how the information is to be given; and
(c) the disclosure of information in the register.
(2) In particular, the regulations may make provision in relation
to—
(a) vehicles recorded as written-off vehicles under the law of another
jurisdiction; and
(b) matters relating to notices for, and the placement of notices on,
written-off vehicles; and
(c) matters relating to the removal, defacement or destruction of vehicle
identifiers on written-off vehicles; and
(d) the keeping of records by prescribed people or the doing of anything
else by prescribed people in relation to written-off vehicles; and
(e) the entry of information into the written-off vehicles register by a
person or the doing of anything else in relation to the register.
14 Dictionary,
new definitions
insert
Australian Design Rule—see the Road Transport
(Vehicle Registration) Regulations 2000, schedule 1, clauses 11 and
13.
total loss, in relation to a vehicle for division 5.3
(Written-off vehicles register)—see section 83C.
vehicle identifier, for division 5.3 (Written-off vehicles
register)—see section 83B.
written-off vehicle, for division 5.3 (Written-off vehicles
register)—see section 83B.
written-off vehicles register, for division 5.3 (Written-off
vehicles register)—see section 83B.
Part
4 Road Transport (Vehicle
Registration) Regulations 2000
15 Regulations
amended—pt 4
This part amends the Road Transport (Vehicle Registration) Regulations
2000.
16 Deciding
applications for registrationRegulation 32
(2)
substitute
(2) The road transport authority must refuse to approve an application for
the registration of a registrable vehicle if—
(a) the authority is required, under regulation 32A, to refuse to
approve the application for a vehicle’s registration; or
(b) an order of a court in Australia prevents the vehicle’s
registration, and the authority has been told about the order.
17 New
regulations 32A and 32B
insert
32A Deciding applications for
registration—written-off vehicles
(1) This regulation applies in relation to an application for the
registration of a registrable vehicle if the vehicle identifier for the vehicle
is the same as the vehicle identifier for a vehicle that is recorded as having
been written-off (the relevant record) in—
(a) the written-off vehicles register; or
(b) a corresponding WOVR and the road transport authority has notice of
the relevant record in the corresponding register.
(2) If the relevant record indicates that the vehicle is a statutory
write-off, the road transport authority must refuse to approve the application
for the vehicle’s registration.
(3) If the relevant record indicates that the vehicle is a repairable
write-off, the road transport authority must refuse to approve the application
for the vehicle’s registration unless the authority is satisfied
that—
(a) the vehicle is the original vehicle to which the vehicle identifier
was assigned; and
(b) the vehicle satisfies the other requirements of these regulations
(including the vehicle standards) for registration of the vehicle.
(4) However, subregulation (3) does not apply if the vehicle has been
re-registered, or the vehicle’s registration has been renewed, since the
relevant record was made.
(5) In this regulation:
repairable write-off means a vehicle that is assessed by a
person prescribed under the Road Transport (General) Regulations 2000 as
a total loss and is not a statutory write-off.
statutory write-off—see regulation 32B.
32B When a vehicle is a statutory
write-off
A vehicle is a statutory write-off if the vehicle is a total
loss and—
(a) for a motor vehicle (other than a motorbike)—at least 3 of the
following impact damage indicators apply to the vehicle:
(i) the vehicle has damage to an area of the roof of at least 300mm by
300mm;
(ii) the vehicle has damage to an area of the cabin floor pan of at least
300mm by 300mm;
(iii) the vehicle has damage to an area of the firewall of at least 300mm
by 300mm;
(iv) the vehicle has damaged suspension;
(v) a major mechanical component of the vehicle (for example, the engine
block or transmission casings) is cracked or broken; or
(b) for a motorbike or trailer—the vehicle has impact damage
(excluding scratching) to the suspension and at least 2 areas of structural
frame damage; or
(c) for a motor vehicle (other than a motorbike)—the vehicle has
been—
(i) immersed in salt water above the doorsill level for any period;
or
(ii) immersed in fresh water up to the dashboard or steering wheel for
more than 48 hours; or
(d) for a motorbike—the vehicle has been—
(i) fully immersed in salt water for any period; or
(ii) fully immersed in fresh water for more than 48 hours; or
(e) the vehicle has been burnt to such an extent that it is fit only for
wrecking or scrap; or
(f) the vehicle has been stripped of all, or a combination of most,
interior and exterior body parts, panels and components (including, for example,
for a motor vehicle, its engine, wheels, bonnet, guards, doors or boot
lid).
18 Renewal
of registrationRegulation 68 (4),
note
substitute
Note The renewal of registration of a seasonal vehicle may be
restricted under reg 68A (2).
19 Regulation
68 (9) to (12)
substitute
(9) However, the road transport authority—
(a) may refuse to renew the registration if the authority could have
refused, under regulation 32 (1) (Deciding applications for registration),
to approve an application by the registered operator for the registration of the
vehicle; and
(b) must refuse to renew the registration if the authority is required to
refuse, under regulation 32A (Deciding applications for
registration—written-off vehicles), to approve an application by the
registered operator for the registration of the vehicle.
68A Seasonal vehicles—maximum registration
renewal period
(1) The road transport authority may, in writing, declare the maximum
period for which a seasonal vehicle may be registered in any 12 month
period.
(2) The registration of a seasonal vehicle must not be renewed for the
period mentioned in regulation 68 (4) (b) or (c) if renewal for the period would
mean the vehicle was registered for more than the maximum period.
(3) A declaration under subregulation (1) is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act 2001.
20 Obligation
to notify if vehicle destroyed or written
offRegulation 70
omit
21 When
transfer of registration may or must be
refusedRegulation 78 (1) (d) to
(h)
renumber as regulation 78 (1) (e) to (i)
22 New
regulation 78 (1) (d)
insert
(d) the vehicle identifier for the vehicle is the same as the vehicle
identifier for a vehicle that is recorded as having been written-off
in—
(i) the written-off vehicles register; or
(ii) a corresponding WOVR and the road transport authority has notice of
the record in the corresponding register; or
23 Suspension
or cancellation of registrationRegulation
84 (1) (d)
substitute
(d) the vehicle identifier for the vehicle is the same as the vehicle
identifier for a vehicle that is recorded as having been written-off
in—
(i) the written-off vehicles register; or
(ii) a corresponding WOVR and the road transport authority has notice of
the record in the corresponding register; or
24 Procedures
for suspension and cancellation of
registrationRegulation 85 (5)
(b)
substitute
(b) the vehicle does not comply with the applicable vehicle standards;
or
(c) the vehicle identifier for the vehicle is the same as the vehicle
identifier for a vehicle that is recorded as having been written-off
in—
(i) the written-off vehicles register; or
(ii) a corresponding WOVR and the road transport authority has notice of
the record in the corresponding register.
25 Dictionary,
new definitions
insert
corresponding WOVR means a register kept under the law of
another jurisdiction that corresponds to the written-off vehicles register kept
under the Road Transport (General) Act 1999.
total loss, in relation to a vehicle—see the Road
Transport (General) Act 1999, section 83C.
vehicle identifier—see the Road Transport (General)
Act 1999, section 83B.
written-off vehicle—see the Road Transport (General)
Act 1999, section 83B.
written-off vehicles register—see the Road Transport
(General) Act 1999, section 83B.
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act 2001, s 133 deals with the meaning of offence
penalties that are expressed in penalty units.
© Australian Capital Territory
2002
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