2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Transport) Road Transport (General) Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 Part 2 Road Transport (General) Act 1999 4 Suspension for nonpayment of infringement notice penalties Section 44 (2) 3 5 Section 44 (7) and (8) 4 6 New section 84A 4 J2010-419 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 7 Section 84 5 8 Section 85 heading 6 9 Section 85 (1) 6 10 Revocation of suspension of driver licence, registration etc Section 86 (1) 7 11 Dictionary, definition of revocation notice 7 Part 3 Road Transport (General) Regulation 2000 12 Section 9 8 13 Section 9A 8 contents 2 Road Transport (General) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Transport) Road Transport (General) Amendment Bill 2010 A Bill for An Act to amend the Road Transport (General) Act 1999, and for other purposes. The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-419 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Road Transport (General) Amendment Act 2010. 4 2 Commencement 5 This Act commences on a day fixed by the Minister by written 6 notice. 7 Note 1 The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 Note 2 A single day or time may be fixed, or different days or times may be 10 fixed, for the commencement of different provisions (see Legislation 11 Act, s 77 (1)). 12 Note 3 If a provision has not commenced within 6 months beginning on the 13 notification day, it automatically commences on the first day after that 14 period (see Legislation Act, s 79). 15 3 Legislation amended 16 This Act amends the Road Transport (General) Act 1999 and the 17 Road Transport (General) Regulation 2000. page 2 Road Transport (General) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 Part 2 Road Transport (General) Act 2 1999 3 4 Suspension for nonpayment of infringement notice 4 penalties 5 Section 44 (2) 6 substitute 7 (2) The road transport authority must-- 8 (a) send the person a written notice (a suspension notice) that 9 contains the information required by subsection (2A); and 10 (b) if the infringement notice penalty is not paid before the 11 suspension date in the suspension notice--take action under 12 subsection (3), (4) or (5) (the suspension action) on the 13 suspension date. 14 (2A) A suspension notice must state-- 15 (a) particulars of the infringement notice and the reminder notice 16 to which the suspension notice relates; and 17 (b) that if the person does not pay the infringement notice penalty 18 by a stated date (the suspension date), the authority will take 19 suspension action on the suspension date; and 20 (c) any information prescribed by regulation; and 21 (d) any other information that the road transport authority 22 considers appropriate. 23 (2B) However, the suspension date must not be earlier than 10 days after 24 the day the suspension notice is sent to the person. Road Transport (General) Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 5 Section 44 (7) and (8) 2 substitute 3 (7) A suspension under this section takes effect on the suspension date. 4 (8) If the road transport authority takes suspension action, the authority 5 must send a suspension confirmation notice to the person that 6 states-- 7 (a) the suspension date; and 8 (b) the action that was taken on the suspension date; and 9 (c) any information prescribed by regulation; and 10 (d) any other information that the road transport authority 11 considers appropriate. 12 6 New section 84A 13 in part 6, before section 84, insert 14 84A Meaning of revocation notice--pt 6 15 In this part: 16 revocation notice means a notice under the Crimes (Sentence 17 Administration) Act 2005, section 116M (2) that-- 18 (a) an arrangement for the payment of an outstanding fine has 19 been approved; or 20 (b) an outstanding fine has been paid; or 21 (c) a fine has been remitted; or 22 (d) a person has completed serving a period of imprisonment in 23 relation to an outstanding fine; or 24 (e) the conviction or order that gave rise to a person's liability to 25 pay a fine has been quashed or set aside. page 4 Road Transport (General) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 7 Section 84 2 substitute 3 84 Suspension of driver licence, registration etc for default 4 of court imposed fine 5 (1) This section applies if the road transport authority is notified under 6 the Crimes (Sentence Administration) Act 2005, section 116M (1) 7 that a person has defaulted in payment of an outstanding fine. 8 Note The Crimes (Sentence Administration) Act 2005, s 116M (1) requires 9 the chief executive mentioned in that Act to notify the road transport 10 authority if a person has defaulted on a court imposed fine. 11 (2) The road transport authority must-- 12 (a) send the person a written notice (a fine enforcement notice) 13 that contains the information required by subsection (3); and 14 (b) if the outstanding fine is not paid before the enforcement date 15 in the fine enforcement notice--take action under 16 subsection (5) (the fine enforcement action) on the 17 enforcement date. 18 (3) A fine enforcement notice must state-- 19 (a) particulars of the default notice and the reminder notice for the 20 outstanding fine to which the fine enforcement notice relates; 21 and 22 Note The Crimes (Sentence Administration) Act 2005, deals with 23 default notices (see s 116H (1)) and reminder notices (see 24 s 116J (1)). 25 (b) that if the person does not pay the outstanding fine by a stated 26 date (the enforcement date), the authority will take fine 27 enforcement action on the enforcement date; and 28 (c) any information prescribed by regulation; and Road Transport (General) Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 8 1 (d) any other information that the road transport authority 2 considers appropriate. 3 (4) However, the enforcement date must not be earlier than 10 days 4 after the day the fine enforcement notice is sent to the person. 5 (5) If the road transport authority is required to take fine enforcement 6 action, the authority must-- 7 (a) suspend the person's driver licence; or 8 (b) if the person is not the holder of a driver licence but is the sole 9 registered operator of-- 10 (i) 1 motor vehicle--suspend the registration of the vehicle; 11 or 12 (ii) 2 or more motor vehicles--suspend the registration of 13 1 vehicle for each outstanding fine, starting with the 14 vehicle with the shortest period of registration left; or 15 (c) if the person is not the holder of a driver licence and is not the 16 sole registered operator of a motor vehicle--disqualify the 17 person from obtaining a driver licence. 18 8 Section 85 heading 19 substitute 20 85 Notification and duration of suspension of driver licence, 21 registration etc 22 9 Section 85 (1) 23 substitute 24 (1) Fine enforcement action under this part takes effect on the 25 enforcement date stated in the notice sent to the person under 26 section 84 (2). page 6 Road Transport (General) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (1A) If the road transport authority takes fine enforcement action under 2 section 84 (5), the authority must send a fine enforcement 3 confirmation notice to the person that states-- 4 (a) the enforcement date; and 5 (b) the action that was taken on the enforcement date; and 6 (c) any information prescribed by regulation; and 7 (d) any other information that the road transport authority 8 considers appropriate. 9 10 Revocation of suspension of driver licence, registration 10 etc 11 Section 86 (1) 12 omit 13 11 Dictionary, definition of revocation notice 14 substitute 15 revocation notice, for part 6 (Fine defaulters)--see section 84A. Road Transport (General) Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 1 Part 3 Road Transport (General) 2 Regulation 2000 3 12 Section 9 4 substitute 5 9 Content of suspension notice--Act, s 44 (2A) (c) 6 The following information is prescribed for a suspension notice sent 7 to a person: 8 (a) the date of the notice; 9 (b) the name and address of the person; 10 (c) that the infringement notice penalty to which the notice relates 11 has not been paid, and the notice has not been withdrawn; 12 (d) that any suspension action takes effect on the suspension date 13 and continues until the suspension is revoked under the Act, 14 part 3. 15 13 Section 9A 16 substitute 17 9A Content of fine enforcement notice--Act, s 84 (3) (c) 18 The following information is prescribed for a fine enforcement 19 notice sent to a person: 20 (a) the date of the notice; 21 (b) the name and address of the person; 22 (c) that the road transport authority has been notified that the 23 person has defaulted in payment of an outstanding court 24 imposed fine; page 8 Road Transport (General) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 (d) that the outstanding court imposed fine to which the notice 2 relates has not been paid; 3 (e) that fine enforcement action takes effect on the enforcement 4 date and continues until the action is revoked under the Act, 5 part 6. Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Road Transport (General) Amendment Bill 2010 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au