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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport (General) Amendment
(Operator Onus Offences) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (General) Act 1999 No 18 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Road Transport (General) Amendment
(Operator Onus Offences) Bill 2002
Act No , 2002
An Act to amend the Road Transport (General) Act 1999 to reduce the opportunity
for avoidance of infringement notices for operator onus offences; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Road Transport (General) Amendment (Operator Onus Offences) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (General) Amendment (Operator Onus
Offences) Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Road Transport (General) Act 1999 No 18
The Road Transport (General) Act 1999 is amended as set out in
Schedule 1.
Page 2
Road Transport (General) Amendment (Operator Onus Offences) Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 43 Liability of responsible person for vehicle for designated
offences
Insert after section 43 (4):
(4A) For the purposes of subsections (3) and (4), it is presumed that
a penalty notice served on a person by post is served on the
person 21 days after it is posted, unless the person establishes
that it was not received by the person, or was not received by
the person within the 21-day period.
(4B) A statutory declaration under subsection (3) or (4) must include
the matters prescribed by the regulations, unless the notice or
summons was in respect of a minor parking offence.
[2] Section 43 (5)
Omit "10 penalty units". Insert instead "20 penalty units".
[3] Section 43 (7A)
Insert after section 43 (7):
(7A) In deciding whether the responsible person for a vehicle has
exercised reasonable diligence to ascertain the name and
address of the person who was in charge of the vehicle, an
authorised officer or court may have regard to the matters set
out in a statutory declaration provided by the responsible
person under this section.
[4] Section 43 (11)
Insert in alphabetical order:
minor parking offence means a parking offence for which a
person does not incur demerit points under the Road Transport
(Driver Licensing) Act 1998.
Page 3
Road Transport (General) Amendment (Operator Onus Offences) Bill 2002
Schedule 1 Amendments
[5] Section 46 Certificate evidence and other evidentiary provisions
Insert after section 46 (7):
(7A) A document that appears to be signed on behalf of the
Commissioner of Police certifying that a penalty notice was
posted to a person on a specified date is admissible in any
proceedings and is evidence of the matters stated in it unless
there is evidence to the contrary.
[6] Section 47 Proceedings for offences
Insert at the end of the section:
(2) Despite any other Act, proceedings for an operator onus
offence may be commenced within 1 year after the date of the
alleged commission of the offence.
(3) In this section:
operator onus offence means any of the following offences (as
defined in section 43 (11)):
(a) a camera-detected traffic light offence,
(b) a camera-recorded speeding offence,
(c) a parking offence.
[7] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (General) Amendment (Operator Onus
Offences) Act 2002
Page 4
Road Transport (General) Amendment (Operator Onus Offences) Bill 2002
Amendments Schedule 1
[8] Schedule 2
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of Road
Transport (General) Amendment (Operator
Onus Offences) Act 2002
Offences under amended provisions
(1) A provision of this Act as in force immediately before the
commencement of the Road Transport (General) Amendment
(Operator Onus Offences) Act 2002 continues to apply in
relation to an operator onus offence committed, or alleged to
have been committed, before that commencement as if that Act
had not been enacted.
(2) In this clause:
operator onus offence means any of the following offences (as
defined in section 43 (11)):
(a) a camera-detected traffic light offence,
(b) a camera-recorded speeding offence,
(c) a parking offence.
Page 5
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