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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 (Unauthorised Vehicle
Use) Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Road Transport (Vehicle Registration)
Act 1997 No 119 3
Schedule 2 Consequential amendment of other legislation 9
b2009-133-94.d09
New South Wales
Road Transport Legislation
Amendment (Unauthorised Vehicle
Use) Bill 2010
No , 2010
A Bill for
An Act to amend the Road Transport (Vehicle Registration) Act 1997 concerning
registered operators of vehicles and the detection of offences involving unauthorised
vehicle use; and to make consequential amendments to certain other legislation.
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
Clause 1 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport Legislation Amendment (Unauthorised 3
Vehicle Use) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
Schedule 1 Amendment of Road Transport (Vehicle 1
Registration) Act 1997 No 119 2
[1] Section 4 Definitions 3
Insert at the end of the definition of garage address: 4
Note. See section 10 concerning the number of registered operators for 5
a registrable vehicle that may be recorded in the Register. 6
[2] Section 4, definition of "Register" 7
Omit "the regulations". Insert instead "this Act". 8
[3] Section 7 Functions of Authority 9
Omit "the regulations" from section 7 (1) (b). Insert instead "this Act". 10
[4] Section 7 (2)(4) 11
Omit the subsections. 12
[5] Section 10 13
Omit sections 10 and 11. Insert instead: 14
10 Maintenance of the Register 15
(1) Register to be maintained in accordance with regulations 16
Subject to this section, the Register is to be maintained in 17
accordance with the regulations. 18
(2) Register does not provide evidence of title 19
The Register does not provide evidence of title to any registrable 20
vehicle. 21
(3) Security of information in Register 22
The Authority must ensure that the information in the Register 23
that is of a personal nature or that has commercial sensitivity for 24
the person about whom it is kept is not released except as 25
provided by the regulations or under another law. 26
(4) Recording of names of registered operators 27
The Authority may: 28
(a) in the case of a transitional registrable vehicle--continue 29
to record in the Register the names of not more than 30
2 persons as being responsible for the vehicle, or 31
Page 3
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(b) in the case of any other registrable vehicle--record in the 1
Register the name of only one person as being responsible 2
for the vehicle. 3
Note. Section 4 defines a registered operator of a registrable vehicle 4
to mean a person recorded in the Register as a person responsible for 5
the vehicle. 6
(5) A registrable vehicle is a transitional registrable vehicle if: 7
(a) 2 persons were recorded in the Register as being 8
responsible for the vehicle immediately before the 9
commencement of this section, and 10
(b) the vehicle has not ceased to be a transitional registrable 11
vehicle since that time. 12
(6) A registrable vehicle ceases to be a transitional registrable 13
vehicle on the occurrence of any of the following: 14
(a) the transfer of the registration of the vehicle, 15
(b) the cancellation or surrender of the registration of the 16
vehicle, 17
(c) if the registration of the vehicle has expired and the period 18
within which the registration may be renewed has also 19
expired. 20
(7) If more than one person is recorded as a registered operator of a 21
transitional registrable vehicle, a reference in any relevant 22
legislation to the registered operator of a registrable vehicle 23
within the meaning of this Act is taken (subject to any regulations 24
made for the purposes of subsection (3)) to include a reference to 25
each registered operator of the transitional registrable vehicle. 26
(8) The regulations may provide for the determination of the 27
respective rights, liabilities and obligations of each registered 28
operator of a transitional registrable vehicle under any relevant 29
legislation. 30
(9) Other information that may be included in Register 31
The Register may include information notified to the Authority 32
under this Act and such other information as the Authority 33
considers appropriate. 34
(10) Register may be kept as computer database or other form 35
The Register may be kept in the form of, or as part of, a computer 36
database or in such other form as the Authority considers 37
appropriate. 38
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Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(11) Correction of Register 1
Without limiting section 7 or any other provision of this section, 2
the Authority may correct any mistake, error or omission in the 3
Register subject to the requirements (if any) of the regulations. 4
(12) Definition 5
In this section: 6
relevant legislation means: 7
(a) a provision of this Act (or a provision of a regulation made 8
under this Act), or 9
(b) a provision of any other Act (or a provision of a statutory 10
rule made under any other Act) concerned with the 11
registered operator of a registrable vehicle within the 12
meaning of this Act. 13
[6] Section 22C 14
Insert after section 22B: 15
22C Photographic evidence of unauthorised vehicle use 16
(1) This section applies to proceedings for any of the following 17
offences (an unauthorised vehicle use offence): 18
(a) an offence against section 18 (Prohibition on using 19
unregistered registrable vehicles), 20
(b) an offence against section 8 (Offence of using uninsured 21
motor vehicle on road) of the Motor Accidents 22
Compensation Act 1999, 23
(c) an offence against the regulations involving a prohibited 24
use of a registrable vehicle that is prescribed by the 25
regulations for the purposes of this section. 26
(2) A photograph of a vehicle taken by an approved camera device 27
that is evidence under the evidence use provisions for the device 28
of an offence to which those provisions ordinarily apply may also 29
be tendered in evidence under this section in proceedings for an 30
unauthorised vehicle use offence involving the vehicle. 31
Note. For example, a photograph taken by an approved camera 32
detection device that is evidence of a traffic light offence under 33
section 57 of the Road Transport (Safety and Traffic Management) Act 34
1999 may also be tendered in evidence in proceedings for an 35
unauthorised vehicle use offence involving the same vehicle. 36
Page 5
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(3) For this purpose, the evidence use provisions for the approved 1
camera device are taken to apply in relation to the tendering, 2
admission and use in evidence of such a photograph as if the 3
provisions extended to proceedings for an unauthorised vehicle 4
use offence as well as to proceedings for an offence to which the 5
provisions ordinarily apply. 6
Note. Evidence use provisions for approved camera devices usually 7
make provision for the admission of photographs taken by such devices 8
in specified kinds of proceedings and for the use of evidence derived 9
from such photographs. These provisions also usually require the 10
provision of certificate evidence concerning the inspection or testing of 11
the devices. 12
(4) Nothing in this section prevents a photograph taken by an 13
approved camera device being tendered and used in evidence 14
both in proceedings for an unauthorised vehicle use offence and 15
proceedings for an offence to which the evidence use provisions 16
for the device ordinarily apply. 17
(5) In this section: 18
approved average speed detection device, approved camera 19
detection device, approved camera recording device and 20
approved traffic lane camera device have the same meanings as 21
in the Road Transport (Safety and Traffic Management) Act 22
1999. 23
approved camera device means any of the following: 24
(a) an approved average speed detection device, 25
(b) an approved camera detection device, 26
(c) an approved camera recording device, 27
(d) an approved traffic lane camera device, 28
(e) an approved toll camera. 29
approved toll camera has the same meaning as in section 250A 30
of the Roads Act 1993. 31
evidence use provisions for an approved camera device means: 32
(a) if the device is an approved average speed detection 33
device--the provisions of section 47B of the Road 34
Transport (Safety and Traffic Management) Act 1999 (and 35
section 73A of that Act in its application to evidence or 36
presumptions under those provisions), or 37
(b) if the device is an approved camera detection device--the 38
provisions of section 57 of the Road Transport (Safety and 39
Traffic Management) Act 1999 (and section 73A of that 40
Act in its application to evidence or presumptions under 41
those provisions), or 42
Page 6
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(c) if the device is an approved camera recording device--the 1
provisions of section 47 of the Road Transport (Safety and 2
Traffic Management) Act 1999 (and section 73A of that 3
Act in its application to evidence or presumptions under 4
those provisions), or 5
(d) if the device is an approved traffic lane camera device-- 6
the provisions of section 57B of the Road Transport 7
(Safety and Traffic Management) Act 1999 (and section 8
73A of that Act in its application to evidence or 9
presumptions under those provisions), or 10
(e) if the device is an approved toll camera--the provisions of 11
section 250A of the Roads Act 1993. 12
[7] Section 23A Registered operators 13
Omit the section. 14
[8] Schedule 3 Savings and transitional provisions 15
Insert at the end of clause 1 (1): 16
Road Transport Legislation Amendment (Unauthorised Vehicle 17
Use) Act 2010 18
[9] Schedule 3 19
Insert at the end of the Schedule (with appropriate Part and clause numbers): 20
Part Provisions consequent on enactment of 21
Road Transport Legislation Amendment 22
(Unauthorised Vehicle Use) Act 2010 23
Definition 24
In this Part: 25
amending Act means the Road Transport Legislation 26
Amendment (Unauthorised Vehicle Use) Act 2010. 27
Application of section 22C 28
Section 22C, as inserted by the amending Act, applies in relation 29
to unauthorised vehicle use offences (within the meaning of that 30
section) committed, or alleged to have been committed, after the 31
commencement of that section. 32
Page 7
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
Existing Register continues to have effect 1
The Register of Registrable Vehicles maintained by the 2
Authority under this Act immediately before the commencement 3
of Schedule 1 [5] to the amending Act continues to be the 4
Register of Registrable Vehicles for the purposes of this Act (as 5
amended by the amending Act). 6
Page 8
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Consequential amendment of other legislation Schedule 2
Schedule 2 Consequential amendment of other 1
legislation 2
2.1 Road Transport (General) Act 2005 No 11 3
[1] Section 179 Liability of responsible person for vehicle for designated 4
offences 5
Insert at the end of paragraph (e) of the definition of camera recorded offence 6
in section 179 (12): 7
, or 8
(f) an unauthorised vehicle use offence in respect of which the 9
penalty notice or the court attendance notice indicates that 10
the offence was detected by an approved camera device 11
(within the meaning of section 22C of the Road Transport 12
(Vehicle Registration) Act 1997). 13
[2] Section 179 (12) 14
Insert in alphabetical order: 15
unauthorised vehicle use offence means an unauthorised vehicle 16
use offence (within the meaning of section 22C of the Road 17
Transport (Vehicle Registration) Act 1997), but does not include 18
an offence where it is alleged that the offender merely caused, 19
permitted or otherwise allowed a vehicle to be driven or used. 20
2.2 Road Transport (Vehicle Registration) Regulation 2007 21
[1] Clause 7 Who may apply for registration? 22
Omit clause 7 (2)(4). 23
[2] Clause 14 Maintenance of the Registers 24
Omit "transitional vehicle (within the meaning of clause 7 (3))" from 25
clause 14 (1) (a). 26
Insert instead "transitional registrable vehicle (within the meaning of 27
section 10 of the Act)". 28
[3] Clause 14 (1) (a1) 29
Omit "clause 7 (3)". Insert instead "section 10 of the Act". 30
Page 9
Road Transport Legislation Amendment (Unauthorised Vehicle Use) Bill
2010
Schedule 2 Consequential amendment of other legislation
[4] Clause 91A 1
Insert after clause 91: 2
91A Photographic evidence of unauthorised vehicle use: section 22C 3
of Act 4
The following offences against this Regulation are prescribed for 5
the purposes of section 22C of the Act: 6
(a) an offence against clause 50 (3), 7
(b) an offence against clause 84 (3), 8
(c) an offence against clause 84 (5). 9
Page 10
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