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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
(Licence Suspension) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (General) Act 1999 No 18 2
4 Amendment of Road Transport (Driver Licensing) Act 1998
No 99 2
5 Repeal of Road Transport (General) Amendment (Operator
Onus Offences) Act 2002 No 11 2
Schedule 1 Amendment of Road Transport (General) Act 1999 3
Schedule 2 Amendment of Road Transport (Driver Licensing) Act 1998 9
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, , 2004
New South Wales
Road Transport (General) Amendment
(Licence Suspension) Bill 2004
Act No , 2004
An Act to amend the Road Transport (General) Act 1999 with respect to the
suspension of driver licences; 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 (Licence Suspension) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (General) Amendment (Licence
Suspension) Act 2004.
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.
4 Amendment of Road Transport (Driver Licensing) Act 1998 No 99
The Road Transport (Driver Licensing) Act 1998 is amended as set
out in Schedule 2.
5 Repeal of Road Transport (General) Amendment (Operator Onus
Offences) Act 2002 No 11
The Road Transport (General) Amendment (Operator Onus
Offences) Act 2002 is repealed.
Page 2
Road Transport (General) Amendment (Licence Suspension) Bill 2004
Amendment of Road Transport (General) Act 1999 Schedule 1
Schedule 1 Amendment of Road Transport (General)
Act 1999
(Section 3)
[1] Section 34 Immediate suspension of licence in certain
circumstances
Omit section 34 (1) and (2). Insert instead:
(1) If a person is charged by a police officer with:
(a) an offence involving the death of, or grievous bodily
harm to, another person caused by the use of a motor
vehicle, being an offence that comprises:
(i) the crime of murder or manslaughter, or
(ii) an offence under section 33, 35 (1) (b), 52A or 54
of the Crimes Act 1900, or
(b) an offence under section 9 (3) or (4), 15 (4), 16 or 22 (2)
of the Road Transport (Safety and Traffic
Management) Act 1999,
the same or another police officer may, at any time within
48 hours after the person has been charged, give the person a
suspension notice.
(1A) If it appears to a police officer that a person has committed an
offence under the Road Transport (Safety and Traffic
Management) Act 1999 (other than a camera recorded offence
within the meaning of section 43 of this Act) of exceeding a
speed limit prescribed under that Act by more than
45 kilometres per hour, the same or another police officer
may, at any time within 48 hours of:
(a) the person being served with a penalty notice for the
offence under Division 1, or
(b) the person being charged with the offence,
give the person a suspension notice.
(2) For the purposes of this section, a suspension notice is a
notice, in a form approved by the Authority:
(a) if the person is charged with an offence referred to in
subsection (1) or (1A)--informing the person that any
driver licence held by the person is suspended from a
date specified in the notice, or (if the notice so
Page 3
Road Transport (General) Amendment (Licence Suspension) Bill 2004
Schedule 1 Amendment of Road Transport (General) Act 1999
specifies) immediately on receipt of the notice, until the
charge is heard and determined by a court (or until the
charge is withdrawn), and
(b) if the person is served with a penalty notice for an
offence referred to in subsection (1A)--informing the
person that any driver licence held by the person is
suspended from a date specified in the notice, or (if the
notice so specifies) immediately on receipt of the
notice, until whichever of the following happens first:
(i) a period of 6 months elapses after the date on
which the offence is alleged to have been
committed,
(ii) if the person elects to have the matter determined
by a court in accordance with Part 3 of the Fines
Act 1996--the matter is heard and determined by
a court or a decision is made not to take or
continue proceedings against the person,
(iii) a decision is made not to enforce the penalty
notice, and
(c) informing the person of the right of review in
accordance with section 48 (Notice of decision and
review rights to be given by administrators) of the
Administrative Decisions Tribunal Act 1997 or
alternative appeal right, and
(d) requiring the person:
(i) to surrender any such licence, by a date specified
in the notice, to a police officer, or
(ii) if the notice so specifies--to surrender any such
licence in the person's possession immediately to
the police officer who gave the person the notice.
[2] Section 34 (3)
Omit ", in accordance with the terms of the notice, until the charge is heard
and determined by a court or withdrawn".
Insert instead "in accordance with the terms of the notice".
Page 4
Road Transport (General) Amendment (Licence Suspension) Bill 2004
Amendment of Road Transport (General) Act 1999 Schedule 1
[3] Section 34 (7) (d) and (e)
Insert at the end of section 34 (7) (c):
, and
(d) a decision is made not to take or continue proceedings
against a person when the person is notified in writing
of that fact by a police officer or when the proceedings
are discharged by the court, and
(e) a decision is made not to enforce a penalty notice in
relation to a person when the person is notified in
writing of that fact by:
(i) a police officer, or
(ii) an appropriate officer for the penalty notice
within the meaning of Part 3 of the Fines
Act 1996, or
(iii) a member of staff of the State Debt Recovery
Office.
[4] Section 34 (8)
Insert after section 34 (7):
(8) In this section:
grievous bodily harm has the same meaning as it has in the
Crimes Act 1900.
[5] Section 35 Suspension of driving privileges of visiting driver
Insert in alphabetical order in section 35 (1):
grievous bodily harm has the same meaning as it has in the
Crimes Act 1900.
[6] Section 35 (1), definition of "suspension notice"
Omit the definition. Insert instead:
suspension notice, in relation to an authorised visiting driver
who is charged with an offence referred in subsection (2) or
(2A), or served with a penalty notice for an offence referred
to in subsection (2A), means a notice, in a form approved by
the Authority:
(a) if the driver is charged with an offence referred to in
subsection (2) or (2A)--informing the driver that the
Page 5
Road Transport (General) Amendment (Licence Suspension) Bill 2004
Schedule 1 Amendment of Road Transport (General) Act 1999
driver's authority to drive in New South Wales is
suspended from a date specified in the notice, or (if the
notice so specifies) immediately on receipt of the
notice, until the charge is heard and determined by a
court (or until the charge is withdrawn), and
(b) if the driver is served with a penalty notice for an
offence referred to in subsection (2A)--informing the
driver that the driver's authority to drive in New South
Wales is suspended from a date specified in the notice,
or (if the notice so specifies) immediately on receipt of
the notice, until whichever of the following happens
first:
(i) 6 months elapses after the date on which the
offence is alleged to have been committed,
(ii) if the driver elects to have the matter determined
by a court in accordance with Part 3 of the Fines
Act 1996--the matter is heard and determined by
a court or a decision is made not to take or
continue proceedings against the driver,
(iii) a decision is made not to enforce the penalty
notice, and
(c) informing the driver of the right of review in
accordance with section 48 (Notice of decision and
review rights to be given by administrators) of the
Administrative Decisions Tribunal Act 1997 or
alternative appeal right.
[7] Section 35 (2) and (2A)
Omit section 35 (2). Insert instead:
(2) If an authorised visiting driver is charged by a police officer
with:
(a) an offence involving the death of, or grievous bodily
harm to, another person caused by the use of a motor
vehicle, being an offence that comprises:
(i) the crime of murder or manslaughter, or
(ii) an offence under section 33, 35 (1) (b), 52A or 54
of the Crimes Act 1900, or
Page 6
Road Transport (General) Amendment (Licence Suspension) Bill 2004
Amendment of Road Transport (General) Act 1999 Schedule 1
(b) an offence under section 9 (3) or (4), 15 (4), 16 or 22 (2)
of the Road Transport (Safety and Traffic
Management) Act 1999,
the same or another police officer may, at any time within 48
hours after the authorised visiting driver has been charged,
give the authorised visiting driver a suspension notice.
(2A) If it appears to a police officer that an authorised visiting
driver has committed an offence under the Road Transport
(Safety and Traffic Management) Act 1999 (other than a
camera recorded offence within the meaning of section 43 of
this Act) by exceeding a speed limit prescribed under that Act
by more than 45 kilometres per hour, the same or another
police officer may, at any time within 48 hours of:
(a) the authorised visiting driver being served with a
penalty notice for the offence under Division 1, or
(b) the authorised visiting driver being charged with the
offence,
give the authorised visiting driver a suspension notice.
[8] Section 35 (3)
Omit ", in accordance with the terms of the notice, until the charge is heard
and determined by a court or withdrawn".
Insert instead "in accordance with the terms of the notice".
[9] Section 35 (5) (d) and (e)
Insert at the end of section 35 (5) (c):
, and
(d) a decision is made not to take or continue proceedings
against a person when the person is notified in writing
of that fact by a police officer or the proceedings are
discharged by the court, and
(e) a decision is made not to enforce a penalty notice in
relation to a person when the person is notified in
writing of that fact by:
(i) a police officer, or
Page 7
Road Transport (General) Amendment (Licence Suspension) Bill 2004
Schedule 1 Amendment of Road Transport (General) Act 1999
(ii) an appropriate officer for the penalty notice
within the meaning of Part 3 of the Fines
Act 1996, or
(iii) a member of staff of the State Debt Recovery
Office.
[10] Section 43 Liability of responsible person for vehicle for
designated offences
Insert after section 43 (7):
(7A) A court or authorised officer may have regard to a statutory
declaration that is provided by a person in deciding, for the
purposes of subsection (3), (5) or (7), whether the person did
not know and could not with reasonable diligence have
ascertained the name and address of the person in charge of a
vehicle.
(7B) If a statutory declaration is provided by a person under
subsection (7A), it must include the matters (if any)
prescribed by the regulations.
[11] Section 43 (9)
Omit "or (4)". Insert instead ", (4) or (7A)".
[12] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (General) Amendment (Licence Suspension)
Act 2004
Page 8
Road Transport (General) Amendment (Licence Suspension) Bill 2004
Amendment of Road Transport (Driver Licensing) Act 1998 Schedule 2
Schedule 2 Amendment of Road Transport (Driver
Licensing) Act 1998
(Section 4)
Section 33A Effect of expiry of driver licence during a suspension
period
Insert "of this Act or section 33, 34 or 35 of the Road Transport (General)
Act 1999" after "or 33" in section 33A.
Page 9
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