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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation
Amendment (Miscellaneous
Provisions) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of road transport legislation 3
Schedule 2 Amendment of Fines Act 1996 No 99 12
b2009-150-94.d11
New South Wales
Road Transport Legislation
Amendment (Miscellaneous
Provisions) Bill 2009
No , 2009
A Bill for
An Act to make miscellaneous amendments to the road transport legislation and
related amendments to the Fines Act 1996.
Road Transport Legislation Amendment (Miscellaneous Provisions)
Clause 1 Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport Legislation Amendment (Miscellaneous 3
Provisions) Act 2009. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act, except as 6
provided by subsection (2). 7
(2) Schedules 1.2 [4][11], 1.3 and 2 commence on a day or days to be 8
appointed by proclamation. 9
Page 2
Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Amendment of road transport legislation Schedule 1
Schedule 1 Amendment of road transport legislation 1
1.1 Road Transport (Driver Licensing) Act 1998 No 99 2
[1] Section 25 Driver must be licensed 3
Omit "not been" and "being convicted of the offence" from section 25 (4). 4
Insert instead "never been" and "the commission of the offence", respectively. 5
[2] Section 25A Offences committed by disqualified drivers or drivers 6
whose licences are suspended or cancelled 7
Omit section 25A (6). 8
[3] Section 25A (10) 9
Omit the subsection. Insert instead: 10
(10) For the purposes of subsection (7), the relevant disqualification 11
period is: 12
(a) in the case of a first offence under subsection (1), (2) or 13
(3) (a)--12 months, or 14
(b) in the case of a first offence under subsection (3A)-- 15
3 months, or 16
(c) in the case of a second or subsequent offence--2 years. 17
(11) For the purposes of determining both the maximum penalty and 18
the disqualification period for any offence under this section, an 19
offence is a second or subsequent offence if: 20
(a) in relation to an offence under subsection (1), (2) or (3): 21
(i) it is the second or subsequent occasion on which the 22
person is convicted of any offence under 23
subsection (1), (2) or (3) within the period of 5 years 24
immediately before the person is convicted of the 25
offence, or 26
(ii) within the period of 5 years immediately before the 27
person is convicted of the offence, the person was 28
convicted of a major offence within the meaning of 29
the Road Transport (General) Act 2005, or 30
(iii) within the period of 5 years immediately before the 31
person is convicted of the offence, the person was 32
convicted of an offence under section 6 (1C) or 7A 33
of the Traffic Act 1909 (as in force before its repeal), 34
or 35
Page 3
Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Schedule 1 Amendment of road transport legislation
(iv) within the period of 5 years immediately before the 1
person is convicted of the offence, the person was 2
convicted of an offence under section 25 (2), or 3
(b) in relation to an offence under subsection (3A)--it is the 4
second or subsequent occasion on which the person is 5
convicted of an offence under subsection (3A) within the 6
period of 5 years immediately before the person is 7
convicted of the offence. 8
[4] Schedule 3 Savings, transitional and other provisions 9
Insert at the end of clause 1 (1): 10
Road Transport Legislation Amendment (Miscellaneous 11
Provisions) Act 2009 (to the extent that it amends this Act) 12
[5] Schedule 3 13
Insert at the end of the Schedule (with appropriate Part and clause numbers): 14
Part Provisions consequent on enactment of 15
Road Transport Legislation Amendment 16
(Miscellaneous Provisions) Act 2009 17
Application of amendments to sections 25 and 25A 18
(1) The amendments made to section 25 of this Act by the amending 19
Act extend to any proceedings for an offence against 20
section 25 (2) that were not finally determined when the 21
amendments commenced. 22
(2) The amendments made to section 25A of this Act by the 23
amending Act extend (and are taken always to have extended) to 24
offences under that section for which persons were convicted 25
before the commencement of the amendments. 26
(3) Subject to the regulations, subclause (2) applies to offences under 27
section 25A (3A) as if: 28
(a) any reference in section 25A (11) (a), as inserted by the 29
amending Act, to an offence under section 25A (1), (2) or 30
(3) included a reference to an offence under 31
section 25A (3A) for which a person was convicted before 32
the commencement of the amendments to section 25A, and 33
Page 4
Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Amendment of road transport legislation Schedule 1
(b) section 25A (11) (b), as inserted by the amending Act, 1
were limited to the determination of whether an offence 2
under section 25A (3A) for which a person is convicted 3
after that commencement is a second or subsequent 4
offence. 5
(4) Nothing in subclause (2) or (3) affects any judgment or order of 6
a court that was given or made before the introduction day in its 7
application to the parties to the proceedings in which the 8
judgment or order was given or made. 9
(5) In particular, nothing in subclause (2) or (3) affects the judgment 10
of the Court of Criminal Appeal in Director of Public 11
Prosecutions v Partridge [2009] NSWCCA 75 in its application 12
to the parties to that case. 13
(6) For the purposes of this clause, proceedings are not finally 14
determined if: 15
(a) any period for bringing an appeal as of right in respect of 16
the proceedings has not expired (ignoring any period that 17
may be available by way of extension of time to appeal), or 18
(b) any appeal in respect of the proceedings is pending 19
(whether or not it is an appeal brought as of right). 20
(7) In this clause: 21
amending Act means the Road Transport Legislation 22
Amendment (Miscellaneous Provisions) Act 2009. 23
introduction day means the day on which the Bill for the 24
amending Act was first introduced into Parliament. 25
1.2 Road Transport (General) Act 2005 No 11 26
[1] Section 3 Definitions 27
Insert in alphabetical order in section 3 (1): 28
Australian registrable vehicles register means: 29
(a) the Register within the meaning of the Road Transport 30
(Vehicle Registration) Act 1997, or 31
(b) a register maintained under the law of another jurisdiction 32
that corresponds, or substantially corresponds, to the 33
Register within the meaning of the Road Transport 34
(Vehicle Registration) Act 1997. 35
[2] Section 3 (1), definition of "registered operator" 36
Insert ", or a person recorded in an Australian registrable vehicles register," 37
after "Australian applicable road law" wherever occurring. 38
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Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Schedule 1 Amendment of road transport legislation
[3] Section 3 (1), definition of "registration" 1
Insert "or in an Australian registrable vehicles register" after "law". 2
[4] Section 179 Liability of responsible person for vehicle for designated 3
offences 4
Omit "statutory declaration" wherever occurring in section 179 (3) (a) (i), (4) 5
and (7). 6
Insert instead "relevant nomination document". 7
[5] Section 179 (6) 8
Omit "20 penalty units" and "5 penalty units". 9
Insert instead "100 penalty units" and "50 penalty units", respectively. 10
[6] Section 179 (7) 11
Omit "10 penalty units" and "5 penalty units". 12
Insert instead "100 penalty units" and "50 penalty units", respectively. 13
[7] Section 179 (8A)(8D) 14
Insert after section 179 (8): 15
(8A) Nominations by corporations 16
The Authority may approve one or more documents (approved 17
nomination documents) for use by corporations when 18
nominating other persons under this section as persons in charge 19
of vehicles for which the corporations are the responsible 20
persons. 21
(8B) Without limiting subsection (8A), the Authority may approve 22
documents under that subsection: 23
(a) to be provided in printed or electronic form (or both), and 24
(b) to be used in relation to more than one designated offence 25
involving one or more vehicles for which a corporation is 26
the responsible person. 27
(8C) If a corporation that is the responsible person for a vehicle 28
supplies an approved nomination document to an authorised 29
officer for the purpose of subsection (3) or (4) instead of a 30
statutory declaration, an authorised officer may, by written notice 31
served on the corporation (a verification notice), require it to 32
supply a statutory declaration for use in court proceedings that 33
verifies such of the nominations contained in the approved 34
nomination document as are specified in the verification notice. 35
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Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Amendment of road transport legislation Schedule 1
(8D) A corporation served with a verification notice must supply the 1
required statutory declaration within the period specified in the 2
notice (being a period of not less than 7 days after the date of 3
service). 4
Maximum penalty: 100 penalty units. 5
[8] Section 179 (9) 6
Omit "under subsection (3), (4) or (7A)". 7
Insert instead "supplied for the purposes of subsection (3), (4), (7A) or (8C)". 8
[9] Section 179 (10) 9
Omit "or (4)". Insert instead ", (4) or (8C)". 10
[10] Section 179 (10) 11
Insert at the end of the subsection: 12
Note. The Authority may approve a nomination document under 13
subsection (8A) for use by a corporation instead of a statutory 14
declaration that relates to more than one designated offence involving 15
one or more vehicles for which the corporation is the responsible person. 16
See subsection (8B). 17
[11] Section 179 (12) 18
Insert in alphabetical order: 19
relevant nomination document means: 20
(a) in the case of a responsible person that is a corporation 21
served with a penalty notice in relation to a designated 22
offence: 23
(i) an approved nomination document under 24
subsection (8A), or 25
(ii) a statutory declaration, or 26
(b) in the case of a responsible person that is a corporation 27
served with a court attendance notice in relation to a 28
designated offence--a statutory declaration, or 29
(c) in the case of a responsible person for a vehicle who is a 30
natural person--a statutory declaration. 31
[12] Section 181 Period within which proceedings for operator onus offences 32
may be commenced 33
Insert "or an offence under section 179 (7)" after "section 179" in the 34
definition of operator onus offence in section 181 (2). 35
Page 7
Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Schedule 1 Amendment of road transport legislation
[13] Section 202 Quashing of declaration and bar against appeals 1
Insert after section 202 (3): 2
(4) For the avoidance of doubt, the quashing of a declaration under 3
this section: 4
(a) operates to set aside the disqualification imposed by the 5
declaration on and from the day on which the court makes 6
the order that quashes the declaration, and 7
(b) if the disqualification period has already commenced when 8
the declaration is quashed--does not operate to invalidate 9
or otherwise affect the operation of the disqualification in 10
its application to the habitual traffic offender at any time 11
before the day on which the declaration is quashed. 12
[14] Schedule 1 Savings, transitional and other provisions 13
Insert at the end of clause 1 (1): 14
Road Transport Legislation Amendment (Miscellaneous 15
Provisions) Act 2009, to the extent that it amends this Act 16
[15] Schedule 1 17
Insert at the end of the Schedule (with appropriate Part and clause numbers): 18
Part Provisions consequent on enactment of 19
Road Transport Legislation Amendment 20
(Miscellaneous Provisions) Act 2009 21
Definition 22
In this Part: 23
amending Act means the Road Transport Legislation 24
Amendment (Miscellaneous Provisions) Act 2009. 25
Confirmation of meaning of "registered operator" and 26
"registration" 27
(1) It is declared that: 28
(a) any reference in this Act to a registered operator of a 29
vehicle has, on and from 30 September 2005, included a 30
reference to a person recorded in an Australian registrable 31
vehicles register as the person responsible for the vehicle, 32
and 33
(b) any reference in this Act to the registration of a vehicle has, 34
on and from 30 September 2005, included a reference to 35
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Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Amendment of road transport legislation Schedule 1
the registration of a vehicle in an Australian registrable 1
vehicles register. 2
Note. This Act (other than Schedule 3.33 [1][3] and [15][19] as 3
originally enacted) commenced on 30 September 2005. 4
(2) Accordingly, any enforcement action taken under this Act or any 5
related legislation on and from 30 September 2005 that would 6
have been validly taken had subclause (1) been in force when it 7
was taken is (to the extent of any invalidity) taken to be, and 8
always to have been, valid. 9
(3) In this clause: 10
enforcement action means: 11
(a) any action taken in relation to a person by reason of the 12
person being a registered operator of, or responsible 13
person for, a vehicle within the meaning of this Act 14
(including the issuing of a penalty notice or the 15
commencement of proceedings for a contravention of a 16
provision of an Act or statutory rule), and 17
(b) any action taken in relation to a person or vehicle by reason 18
of the registration of a vehicle within the meaning of this 19
Act (including the issuing of a penalty notice or the 20
commencement of proceedings for a contravention of a 21
provision of an Act or statutory rule). 22
related legislation means: 23
(a) the Fines Act 1996, and 24
(b) any other Act or statutory rule (or a provision of any other 25
Act or statutory rule) that imposes any obligation or 26
liability, or that confers or imposes a function, on a person 27
by reference to: 28
(i) the person or another person being a registered 29
operator of, or responsible person for, a vehicle 30
within the meaning of this Act, or 31
(ii) the registration of a vehicle (being registration of a 32
vehicle within the meaning of this Act). 33
Effect of quashing of habitual traffic offender declaration 34
Section 202 (4) (as inserted by the amending Act) extends to any 35
declaration of a habitual traffic offender that is in force under 36
Division 3 of Part 5.4 immediately before the commencement of 37
that subsection. 38
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Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Schedule 1 Amendment of road transport legislation
1.3 Road Transport (Safety and Traffic Management) Act 1999 1
No 20 2
[1] Section 8 General definitions 3
Insert in alphabetical order in section 8 (1): 4
learner driver, in relation to a motor vehicle, means: 5
(a) a person who holds a learner licence of a class of motor 6
vehicles that includes the motor vehicle, or 7
(b) a person who is learning to drive the motor vehicle in 8
circumstances where: 9
(i) the person holds a driver licence of a class of motor 10
vehicles that does not include the motor vehicle, and 11
(ii) the person is permitted under the regulations to learn 12
to drive the motor vehicle despite not having a 13
driver licence for motor vehicles of that class. 14
novice driver, in relation to a motor vehicle, means: 15
(a) a person who is the holder of a learner licence or a 16
provisional licence of a class that includes the motor 17
vehicle, or 18
(b) a person who is not authorised to drive the motor vehicle 19
in New South Wales because the person (in New South 20
Wales or elsewhere) has had his or her application for a 21
learner licence or provisional licence of a class that 22
includes the motor vehicle refused, or 23
(c) a person who is not authorised to drive the motor vehicle 24
in New South Wales because the person (in New South 25
Wales or elsewhere) has ceased to hold a learner licence or 26
provisional licence of a class that includes the motor 27
vehicle as a result of: 28
(i) the cancellation or suspension of the licence, or 29
(ii) the disqualification of the person from holding a 30
driver licence, or 31
(iii) the expiry of the licence, or 32
(d) a person who is not authorised to drive the motor vehicle 33
in New South Wales because the person (in New South 34
Wales or elsewhere) has never obtained a driver licence for 35
any class of motor vehicle. 36
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Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Amendment of road transport legislation Schedule 1
[2] Section 9 Presence of prescribed concentration of alcohol in person's 1
breath or blood 2
Omit "If a person is the holder of a learner licence or a provisional licence in 3
respect of a motor vehicle, the person" from section 9 (1A). 4
Insert instead "A novice driver". 5
[3] Section 9 (1) (c), (2) (c), (3) (c) and (4) (c) 6
Omit "a holder of a learner licence" wherever occurring. 7
Insert instead "a learner driver". 8
[4] Schedule 2 Savings, transitional and other provisions 9
Insert at the end of clause 1 (1): 10
Road Transport Legislation Amendment (Miscellaneous 11
Provisions) Act 2009, but only to the extent that it amends this 12
Act 13
Page 11
Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Schedule 2 Amendment of Fines Act 1996 No 99
Schedule 2 Amendment of Fines Act 1996 No 99 1
[1] Section 38 Circumstances in which person issued with penalty reminder 2
notice for vehicle or vessel offence is not liable to pay penalty 3
Omit section 38 (1A) (a). Insert instead: 4
(a) in the case of a penalty reminder notice served on a person 5
other than a corporation--be verified by a statutory 6
declaration, and 7
(a1) in the case of a penalty reminder notice served on a 8
corporation: 9
(i) be verified by a statutory declaration, or 10
(ii) be a notice of a kind approved for the purposes of 11
subsection (1B), and 12
[2] Section 38 (1B)(1E) 13
Insert after section 38 (1A): 14
(1B) The State Debt Recovery Office may approve one or more kinds 15
of notices (approved notices) for use by corporations when 16
giving notice for the purposes of subsection (1) (a). 17
(1C) Without limiting subsection (1B), the State Debt Recovery 18
Office may approve notices under that subsection: 19
(a) to be provided in printed or electronic form (or both), and 20
(b) to be used in relation to more than one offence involving 21
one or more vehicles or vessels. 22
(1D) If a corporation gives an approved notice for the purposes of 23
subsection (1) (a) instead of a notice verified by statutory 24
declaration, an appropriate officer for the penalty notice to which 25
the penalty reminder notice relates may, by written notice served 26
on the corporation (a verification notice), require the corporation 27
to supply a statutory declaration for use in court proceedings 28
verifying such of the information contained in the approved 29
notice as is specified in the verification notice. 30
(1E) A corporation served with a verification notice must supply the 31
required statutory declaration within the period specified in the 32
notice (being a period of not less than 7 days after the date of 33
service). 34
Maximum penalty: 100 penalty units. 35
Page 12
Road Transport Legislation Amendment (Miscellaneous Provisions)
Bill 2009
Amendment of Fines Act 1996 No 99 Schedule 2
[3] Section 38 (3) 1
Omit the subsection. Insert instead: 2
(3) A statutory declaration that relates to more than one vehicle or 3
vessel offence is not a statutory declaration under, or for the 4
purposes of, subsection (1A) or (1D). 5
[4] Schedule 3 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
Road Transport Legislation Amendment (Miscellaneous 8
Provisions) Act 2009 (to the extent that it amends this Act) 9
Page 13
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