Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to amend the Road Transport (General) Act 2005 to bring forward the
commencement and completion dates for a new driver licence disqualification
of a person that is to be completed consecutively with a previous driver licence
disqualification that ends prematurely, so as to avoid any period during which
the person ceases to be disqualified from holding a driver licence before the
new disqualification commences, and

(b) to make consequential amendments to the Road Transport (Driver Licensing)
Act 1998 and Road Transport (General) Regulation 2005.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day to be
appointed by proclamation.

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Explanatory note page 2

Road Transport (General) Amendment (Consecutive Disqualification Periods) Bill 2009
Explanatory note
Schedule 1 Amendment of Road Transport (General)
Act 2005 No 11
Schedule 1 [1] inserts proposed section 188A in the Road Transport (General)
Act 2005 to bring forward the commencement and completion dates of consecutive
driver licence disqualifications in the circumstances referred to in the Overview.

Schedule 1 [2]–[4] make consequential amendments to sections 189 and 201 of that
Act.

Schedule 1 [5] amends clause 1 of Schedule 1 to the Road Transport (General)
Act 2005 to enable the Governor to make regulations of a savings or transitional
nature consequent on the enactment of the proposed Act.

Schedule 1 [6] inserts a provision in Schedule 1 to the Road Transport (General)
Act 2005 to ensure that proposed section 188A extends to driver licence
disqualifications imposed before the commencement of the proposed section that
have already commenced when, or will commence after, the proposed section
commences.

Schedule 2 Consequential amendment of other
legislation
Schedule 2.1 amends section 25A of the Road Transport (Driver Licensing)
Act 1998 to make it clear that a driver does not commit the offence of driving while
disqualified in relation to a disqualification period the commencement and
completion dates of which have been altered by operation of proposed section 188A
of the Road Transport (General) Act 2005 unless the Roads and Traffic Authority
has previously provided written notice of the altered dates to the driver. Schedule 2.2
makes a consequential amendment to clause 6 of the Road Transport (General)
Regulation 2005.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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