New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport (Safety and Traffic
Management) Amendment (Novice
Drivers) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 No 20 2
4 Repeal of Act 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, , 2007
New South Wales
Road Transport (Safety and Traffic
Management) Amendment (Novice
Drivers) Bill 2007
Act No , 2007
An Act to amend the Road Transport (Safety and Traffic Management) Act 1999 to
extend the requirement for a zero prescribed concentration of alcohol to visiting
overseas or interstate novice drivers; 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.
Assistant Speaker of the Legislative Assembly.
Road Transport (Safety and Traffic Management) Amendment (Novice
Clause 1 Drivers) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (Safety and Traffic Management)
Amendment (Novice Drivers) Act 2007.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Road Transport (Safety and Traffic Management) Act
1999 No 20
The Road Transport (Safety and Traffic Management) Act 1999 is
amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Road Transport (Safety and Traffic Management) Amendment (Novice
Drivers) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Part 2, Division 1, heading
Omit the heading. Insert instead:
Division 1 Interpretation
[2] Section 8 General definitions
Insert before section 8 (3):
(1) In this Part:
driver licence means the following:
(a) a licence issued under a law in force in a State or internal
Territory authorising the holder to drive one or more
classes of motor vehicle on a road or road related area,
(b) a driver licence receipt for a licence referred to in
paragraph (a),
(c) a foreign driver licence.
learner licence means the following:
(a) a learner licence within the meaning of the Road Transport
(Driver Licensing) Act 1998 or a driver licence receipt for
such a licence,
(b) a foreign driver licence that has the same or similar effect
as a licence referred to in paragraph (a).
provisional licence means the following:
(a) a provisional P1 licence or a provisional P2 licence,
(b) a licence issued under a law in force in a State or internal
Territory, or a foreign driver licence, that has the same or
similar effect as a licence referred to in paragraph (a) or is
prescribed by the regulations as an equivalent licence for
the purposes of this definition,
(c) a driver licence receipt for a licence referred to in
paragraph (a) or for a State or internal Territory licence
referred to in paragraph (b).
[3] Section 8 (3) and (4)
Omit "this Division" wherever occurring. Insert instead "this Part".
Page 3
Road Transport (Safety and Traffic Management) Amendment (Novice
Drivers) Bill 2007
Schedule 1 Amendments
[4] Section 8 (3) (a)
Omit ", or the holder of a provisional licence issued under the Road Transport
(Driver Licensing) Act 1998,".
Insert instead "or a provisional licence".
[5] Section 8 (3) (b)
Omit section 8 (3) (b) and (c). Insert instead:
(b) if the person is not authorised to drive that motor vehicle
in New South Wales because the person, in New South
Wales or elsewhere, has had his or her application for a
relevant driver licence or authority refused, has been
disqualified from driving, has had a relevant driver licence
or authority suspended or cancelled or has never obtained
a relevant driver licence or authority, or
[6] Section 8A
Insert after section 8:
8A Prescribed concentrations of alcohol
In this Part:
(a) novice range prescribed concentration of alcohol means
a concentration of more than zero grammes, but less than
0.02 grammes, of alcohol in 100 millilitres of blood, and
(b) special range prescribed concentration of alcohol means
a concentration of 0.02 grammes or more, but less than
0.05 grammes, of alcohol in 100 millilitres of blood, and
(c) low range prescribed concentration of alcohol means a
concentration of 0.05 grammes or more, but less than 0.08
grammes, of alcohol in 100 millilitres of blood, and
(d) middle range prescribed concentration of alcohol means
a concentration of 0.08 grammes or more, but less than
0.15 grammes, of alcohol in 100 millilitres of blood, and
(e) high range prescribed concentration of alcohol means a
concentration of 0.15 grammes or more of alcohol in 100
millilitres of blood.
Page 4
Road Transport (Safety and Traffic Management) Amendment (Novice
Drivers) Bill 2007
Amendments Schedule 1
[7] Part 2, Division 1AA, heading
Insert before section 9:
Division 1AA Offences involving prescribed
concentrations of alcohol
[8] Sections 9 (1A), 10 (4) (a) and 14 (1) (a1)
Omit ", or of a provisional licence issued under the Road Transport (Driver
Licensing) Act 1998," wherever occurring.
Insert instead "or a provisional licence".
[9] Sections 9 (1) (c), (2) (c), (3) (c) and (4) (c), 11B (1) (c) and (3) (c) and 12
(1) (c)
Omit "issued under the Road Transport (Driver Licensing) Act 1998"
wherever occurring.
[10] Section 14 Arrest following failed breath test
Omit "(within the meaning of section 8)" from section 14 (1) (a).
[11] Section 31 Detention of vehicle in certain cases
Omit "Division 1". Insert instead "Division 1AA".
[12] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (Safety and Traffic Management)
Amendment (Novice Drivers) Act 2007
[13] Schedule 2, Part 7
Insert after Part 6:
Part 7 Provisions consequent on enactment of
Road Transport (Safety and Traffic
Management) Amendment (Novice Drivers)
Act 2007
11 Definition
In this Part:
amending Act means the Road Transport (Safety and Traffic
Management) Amendment (Novice Drivers) Act 2007.
Page 5
Road Transport (Safety and Traffic Management) Amendment (Novice
Drivers) Bill 2007
Schedule 1 Amendments
12 Amendments not to apply to offences occurring before
commencement of amendments
(1) Proceedings for offences committed, or alleged to have been
committed, before the commencement of Schedule 1 to the
amending Act are to be determined as if the amending Act had
not been enacted.
(2) Accordingly, the law (including any relevant provision of this
Act) that would have been applicable to the proceedings had the
amending Act not been enacted continues to apply to the
proceedings as if the amending Act had not been enacted.
[14] Dictionary
Insert ", except in Part 2," before "has the same meaning" in the definition of
driver licence in clause 1.
[15] Dictionary, clause 1
Insert in alphabetical order:
driver licence receipt means a receipt that is issued:
(a) following an application for a licence issued under a law in
force in a State or internal Territory authorising the holder
to drive a motor vehicle on a road or road related area, and
(b) after payment of any applicable fee.
foreign driver licence means a licence to drive a motor vehicle
held by a person who is ordinarily resident in a foreign country
and who is not a permanent resident of Australia, being a licence
issued in that foreign country.
provisional P1 licence means:
(a) a provisional licence issued in accordance with clause 15
(1) of the Road Transport (Driver Licensing) Regulation
1999, or
(b) any class of licence prescribed by the regulations under
this Act that replaces any such licence.
provisional P2 licence means:
(a) a provisional licence issued in accordance with clause 15A
(1) of the Road Transport (Driver Licensing) Regulation
1999, or
(b) any class of licence prescribed by the regulations under
this Act that replaces any such licence.
Page 6
Road Transport (Safety and Traffic Management) Amendment (Novice
Drivers) Bill 2007
Amendments Schedule 1
[16] Dictionary, clause 1
Omit the definitions of high range prescribed concentration of alcohol,
learner licence, low range prescribed concentration of alcohol, middle
range prescribed concentration of alcohol, novice range prescribed
concentration of alcohol and special range prescribed concentration of
alcohol.
[17] Dictionary, clause 3 (2)
Omit the subclause.
Page 7
[Index] [Search] [Download] [Related Items] [Help]