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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road
Transport (Driver Licensing) Amendment Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road Transport
(Driver Licensing) Amendment Bill 2002
A Bill for
An Act to amend the
Road Transport (Driver
Licensing) Act 1999
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Driver Licensing) Amendment Act
2002.
This Act commences on the day after its notification day.
This Act amends the Road Transport (Driver Licensing) Act
1999.
substitute
12 Mutual recognition of demerit points (NSW s 11
(3)-(6))
(1) If the holder of an Australian driver licence issued by the licensing
authority of another jurisdiction commits an offence against a Territory law
that is included in the national schedule of demerit points, the road transport
authority must give all relevant information about the offence to the licensing
authority of the other jurisdiction.
(2) If a person, who is not the holder of an Australian driver licence and
who ordinarily lives in another jurisdiction, commits an offence against a
Territory law that is included in the national schedule of demerit points, the
road transport authority must give all relevant information about the offence to
the licensing authority of the other jurisdiction.
(3) However, the road transport authority is not required to give
information under subsection (1) or (2) until—
(a) if the person is convicted, or found guilty, of the offence—the
last day when the person could have appealed against the conviction or finding
or, if the person appeals against the conviction or finding, the appeal is
dismissed or discontinued; or
(b) the person is served with an infringement notice for the offence and
the infringement notice penalty for the offence is paid in whole or in part;
or
(c) if the person is served with an infringement notice for the offence
and the person applies in accordance with the Road Transport (General) Act
1999 for additional time to pay the infringement notice penalty for the
offence—the administering authority for the offence allows the person
additional time to pay the penalty; or
(d) if the person is served with an infringement notice for the offence
and the person does not pay the infringement notice penalty for the offence or
give a notice disputing liability for the offence in accordance with the Road
Transport (General) Act 1999—the time within which the penalty is
payable or the notice given under that Act has ended.
Note For when an infringement notice penalty is payable, see the
Road Transport (General) Act 1999, s 27.
(4) If the road transport authority receives information about a person
from the licensing authority of another jurisdiction under a provision of a law
of the other jurisdiction that corresponds to subsection (1) or (2), the
authority must take the action under this Act that the authority would have
taken if the offence had been committed in the ACT against a Territory
law.
substitute
13 Meaning of demerit points
offence
In this Act:
demerit points offence means—
(a) an offence included in the national schedule of demerit points; or
(b) any other offence prescribed under the regulations made under the
Road Transport (General) Act 1999 for section 14 (1) of this Act;
or
(c) an offence recognised under section 14 (2) of this Act.
13A Recording of demerit points (NSW s 14 (2), s
16 (1))
(1) The road transport authority must record, in the demerit points
register, against a person the number of demerit points prescribed under the
regulations made under the Road Transport (General) Act 1999 for the
demerit points offence if—
(a) the person is convicted, or found guilty, of the offence; or
(b) the person is served with an infringement notice for the offence and
the infringement notice penalty for the offence is paid in whole or in part;
or
(c) the person is served with an infringement notice for the offence, the
person applies in accordance with the Road Transport (General) Act 1999
for additional time to pay the infringement notice penalty for the offence, and
the administering authority for the offence allows the person additional time to
pay the penalty; or
(d) the person is served with an infringement notice for the offence, the
person does not pay the infringement notice penalty for the offence or give a
notice disputing liability for the offence in accordance with the Road
Transport (General) Act 1999, and the time within which the penalty is
payable or the notice given under that Act has ended.
Note For when an infringement notice penalty is payable, see the
Road Transport (General) Act 1999, s 27.
(2) The demerit points must be recorded in the demerit points register for
the day when the offence was committed.
13B When demerit points are
incurred
(1) This section applies to demerit points recorded against a person in
the demerit points register for a demerit points offence (including demerit
points for an offence notified to the road transport authority under
section 12 (4) (Mutual recognition of demerit points)).
(2) The demerit points are taken to have been incurred by
the person on the day when the offence to which the demerit points relate was
committed.
(3) To remove any doubt, this section applies in relation to demerit
points offences committed by a person before or after the commencement of this
section.
(4) Subsection (3) and this subsection expire 3 months after the
commencement of this section.
substitute
22 Demerit points incurred by learner, probationary,
provisional and restricted licence holders etc (NSW s 17)
(1) The regulations may make provision in relation to—
(a) the issue (including renewal), suspension or cancellation by the road
transport authority of a learner licence, probationary licence, provisional
licence or restricted licence (a relevant licence) if the
applicant for the licence incurs the prescribed number or more of demerit points
for the licence; or
(b) the suspension or cancellation by the authority of any other driver
licence if the holder of the licence has incurred the prescribed number or more
of demerit points for a relevant licence held by the person; or
(c) the suspension or cancellation by the authority of an additional
provisional class of a driver licence if the holder of the licence incurs the
prescribed number or more of demerit points for the additional provisional
class.
Example for par (b)
If a person incurs the prescribed number of demerit points for a
provisional licence held by the person and, before a notice of licence
suspension takes effect, the person is issued with a licence to which section 16
applies (a full licence), the regulations may authorise the full
licence to be suspended even though the person has not incurred 12 or more
demerit points.
(2) Without limiting subsection (1), the regulations may make provision in
relation to—
(a) warning, suspension and cancellation notices in relation to demerit
points; or
(b) periods of suspension and periods of inability to obtain a driver
licence; or
(c) the circumstances when suspension rather than cancellation may be
imposed; or
(d) disregarding demerit points, or deleting demerit points from the
demerit points register, and the circumstances when such action may or must be
taken; or
(e) other consequences for a person in relation to demerit points incurred
by the person.
7 Dictionary,
new definition of administering authority
insert
administering authority, for a demerit points offence, means
the entity that, under the regulations made under the Road Transport
(General) Act 1999, is the administering authority for the
offence.
8 Dictionary,
new definition of demerit points offence
insert
demerit points offence—see section 13 (Meaning of
demerit points offence).
9 Dictionary,
new definition of incur
insert
incur, demerit points for an offence—see section
13B (2) (When demerit points are incurred).
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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