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 (Driver Licensing) Act 1998 (the Principal Act):

        (i) to provide for a demerit points system for learner drivers, and to provide
more comprehensively for a demerit points system for provisional
drivers, and
        (ii) to clarify the effect of a notice of licence suspension or licence
ineligibility issued for incurring demerit points, where the driver holds
licences for more than one class of vehicle, and

(b) to amend the Road Transport (Driver Licensing) Regulation 2008:

        (i) to clarify the point at which a person who is issued a notice of licence
suspension for incurring a threshold number of demerit points becomes
ineligible to apply for a driver licence, and
        (ii) to make certain speeding offences demerit point offences for learner
drivers, and

(c) to amend the Road Transport (General) Regulation 2005 to provide learner
and provisional drivers with a right of appeal to the Local Court against a
decision of the RTA to issue a notice of licence suspension or licence
ineligibility.

The Bill also makes minor, ancillary and consequential amendments to the
legislation referred to above.

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 or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Principal
Act set out in Schedule 1.

Clauses 4 and 5 are formal provisions that give effect to the amendments to the Road
Transport (Driver Licensing) Regulation 2008 and the Road Transport (General)
Regulation 2005 set out in Schedules 2 and 3, respectively.

Clause 6 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Road Transport (Driver
Licensing) Act 1998
Demerit points system for provisional and learner drivers
Currently, section 17 of the Principal Act enables the Roads and Traffic Authority
(the RTA) to suspend or cancel a provisional licence if the holder of the licence
incurs 4 or more demerit points. The Principal Act does not apply the demerit points
system to learner drivers.

Schedule 1 [19] inserts a new Subdivision (Subdivision 3) into Division 2 of Part 2
of the Principal Act (proposed sections 17–17C) which provides more
comprehensively for the demerit points system in its application to provisional
drivers (including providing for the issue of notices of licence ineligibility) and
which applies the system to learner drivers.

Proposed section 17 defines the expression threshold number of demerit points for
the purposes of the new Subdivision, being 4 demerit points for the holder of a
learner or provisional P1 licence and 7 demerit points for the holder of a provisional
P2 licence.

Proposed section 17A sets out the actions the RTA may take if the holder of a learner
licence or a provisional licence incurs the threshold number of demerit points within
the 3 year period ending on the day on which the person last committed an offence
for which demerit points have been recorded against the person. In these
circumstances, the Authority may issue a notice of licence suspension or cancellation
or, if the person subsequently applies for a driver licence, either refuse the application
and issue a notice of licence ineligibility, or (if the driver licence applied for is a
learner or provisional licence) grant the licence and issue a notice of licence
suspension or cancellation.

Proposed section 17B enables the RTA to give a notice of licence suspension or
cancellation to the holder of a learner or provisional licence who incurs the threshold
number of demerit points within the 3 year period ending on the day on which the
person last committed an offence for which demerit points have been recorded
against the person.

If a person is served with a notice of licence suspension under the proposed section,
all driver licences held by the person in relation to which the threshold number of
demerit points is the same or lower than the number of demerit points taken into
account for the purposes of the notice, are suspended on and from the date, and for
the period, specified in the notice.

Proposed section 17B also enables regulations to be made with respect to various
matters concerning notices of cancellation.

Proposed section 17C enables the RTA to give a notice of licence ineligibility to the
applicant for a licence (including a provisional licence or learner licence) who incurs
the threshold number of demerit points within the 3 year period ending on the day on
which the person last committed an offence for which demerit points have been
recorded against the person. However, the RTA may not give a person both a notice
of licence ineligibility and a notice of licence suspension or cancellation under
section 17B in respect of the same 3 year period.

A person who has been served with a notice of licence ineligibility under the
proposed section is not entitled to be issued with or apply for any driver licence for
the ineligibility period specified in the notice other than a renewal of a driver licence
of a class different from that the subject of the application in relation to which the
notice is given or a higher grade of that class of licence. (Classes of licence are
established in the regulations under the Principal Act. The reference to a grade of
driver licence is a reference to a learner, provisional P1, provisional P2 or an
unrestricted licence, ordered from lowest to highest.)
Schedule 1 [22] amends section 18 (1) of the Principal Act to extend that provision
(which provides that periods of licence suspension under section 16 of the Principal
Act are in addition to any periods of suspension imposed under other laws of this
State) to periods of licence suspension under proposed section 17B.

Effect of notices issued under section 16 or 16A on combined licence
holders
Schedule 1 [9] amends section 16 (6) of the Principal Act to make it clear that where
a person holds combined driver licences (for example, a motorcycle licence and a car
licence), all driver licences held by the person (rather than the person’s driver licence,
as is currently the case) are suspended if the person is served with a notice of licence
suspension for incurring 12 or more demerit points and does not opt for a period of
good behaviour.

Similarly, Schedule 1 [11], [15] and [16] amend sections 16 (9) and 16A (8) (a) and

(b) of the Principal Act to make it clear that all driver licences held by a person (rather
than the person’s driver licence) are suspended if the person is served with a notice
of licence suspension for incurring 2 or more demerit points during a period of good
behaviour taken under those sections.

Determining demerit point thresholds where combined licences
Schedule 1 [20] inserts a new section 17D into the Principal Act to clarify how
demerit points incurred by the holder of combined driver licences (for example, a
learner motorcycle licence and an unrestricted car licence) are to be counted towards
the demerit point thresholds applying to those licences.

Effect of expiry of driver licence during suspension period
Schedule 1 [24] extends section 33A of the Principal Act to suspensions under
proposed section 17B so that, if a person’s licence expires during a suspension period
imposed under the proposed section, the person will not be able to obtain another
licence until the period expires and will be guilty of an offence of driving during a
suspension period if he or she drives during the balance of the unexpired suspension
period. (The regulations currently contain a similar provision relating to suspensions
of provisional licences under existing section 17 of the Principal Act.)
Commencement day for periods of suspension or licence ineligibility
under sections 16 and 16A
Schedule 1 [9], [10] and [16] amend sections 16 (6) and (8) and 16A (5), (7) and (8)
of the Principal Act to resolve an inconsistency between the commencement day for
a period of suspension or licence ineligibility that is required by the Principal Act to
be specified in a notice of suspension or licence ineligibility, and the day on which
the Principal Act provides that the suspension is to take effect, by providing that a
period of suspension or licence ineligibility under those sections is to start on and
from (rather than from, as is currently the case) the suspension date, or the
ineligibility date, specified in the relevant notice.

Similarly, Schedule 1 [10] amends sections 16 and 16A to provide that a period of
good behaviour under those sections is to start on and from (rather than from) the day
on which the licence would otherwise be suspended or on which the licence
ineligibility would otherwise have effect.

Purposes for which demerit points incurred in certain intervening
periods may be taken into account
Presently, demerit points incurred by a person after he or she is served with a notice
of licence suspension under section 16 of the Principal Act but before the suspension
(or good behaviour period, if that option is taken) begins are to be taken into account
from the end of the suspension (or good behaviour period) only for the purpose of
issuing a further notice of suspension under that section.

Similarly, demerit points incurred by a person after he or she is served with a notice
of licence ineligibility under section 16A of the Principal Act but before the licence
ineligibility takes effect (or good behaviour period begins, if that option is taken) are
to be taken into account from the end of the licence ineligibility (or good behaviour
period) only for the purpose of issuing a further notice of licence ineligibility under
that section.

Schedule 1 [12] and [17] amend sections 16 (11) and 16A (10) of the Principal Act
to provide that demerit points incurred by a person in these intervening periods may
be taken into account from the end of the suspension or licence ineligibility (or good
behaviour period) for the purpose of issuing either a further notice of suspension
under section 16 or a notice of licence ineligibility under section 16A.

Schedule 1 [17] also substitutes section 16A (10) to correct the formatting of some
of the text of that provision.

Structural and other miscellaneous amendments
Schedule 1 [1], [3], [19] and [20] insert Subdivision headings into Division 2 of
Part 2 of the Principal Act.

Schedule 1 [2] relocates existing section 16 (1) of the Principal Act. Schedule 1 [5]
makes a consequential amendment.

Schedule 1 [4], [14] and [21] substitute the headings to sections 16, 16A and 18,
respectively, of the Principal Act.

Schedule 1 [6] rewords part of section 16 (2) of the Principal Act to take into account
the application of the section to holders of more than one class of licence.

Schedule 1 [7] omits notes in the Principal Act that will no longer be relevant as a
result of the amendments made by Schedule 1 [19].

Schedule 1 [8] substitutes a cross reference in section 16 of the Principal Act as a
consequence of the amendment made by Schedule 1 [13].

Schedule 1 [13] restates and relocates current section 14 (3) and (4). In restating
section 14 (3) as section 16AA (1), a superfluous qualification is omitted, and in
restating section 14 (4) as section 16AA (2), a redundant cross-reference is removed.

Schedule 1 [18] amends section 16A of the Principal Act to correct a cross reference.

Schedule 1 [23] substitutes section 33 (1) (a) and (b) of the Principal Act to make the
wording consistent with that in section 14 (2) (b) and (c) dealing with the same
process and to take into account recent amendments to the Fines Act 1996 that allow
part payments of amounts payable under penalty notices or penalty reminder notices.

Schedule 1 [27] inserts definitions of provisional P1 licence and provisional P2
licence for the purposes of the Principal Act.

Savings and transitional provisions
Schedule 1 [25] provides for the making of savings and transitional regulations
consequent on the enactment of the proposed Act.

Schedule 1 [26] inserts a new Part 5 into Schedule 3 to the Principal Act containing
savings and transitional provisions consequent on the enactment of the proposed Act.

New Part 5 also contains a provision to validate anything done or omitted to be done
before the commencement of the amendments made by Schedule 1 [9]–[12] and
[15]–[17] that would have been valid had those amendments been in force when the
thing was done or omitted to be done.

Schedule 2 Amendment of Road Transport (Driver
Licensing) Regulation 2008
Schedule 2 [1] and [2] omit provisions that are no longer necessary given the power
of the RTA to issue notices of licence ineligibility under proposed section 17C.

Currently, under clause 42 of the Road Transport (Driver Licensing) Regulation
2008) (the Regulation), a person whose driver licence has been suspended is
ineligible to apply for a driver licence for the duration of the suspension.

Schedule 2 [3] qualifies clause 42 in relation to suspensions under Division 2 of
Part 2 of the Act (that is, suspensions for incurring demerit points) by providing that
a person who is issued with a notice of licence suspension under that Division is
ineligible to apply for any driver licence from the date the notice is issued until the
end of the licence suspension (or, if the notice is issued under section 16 and the
person elects to be of good behaviour, until the person so elects).

Schedule 2 [4] omits clause 42 (5) of the Regulation consequential on the
amendment made by Schedule 1 [24] and makes another consequential amendment.

Schedule 2 [5] amends clause 54 of the Regulation consequential on the amendments
made by Schedule 1 [19].

Schedule 2 [6]–[11] amend Schedules 1 and 2 to the Regulation to make specified
speeding offences demerit point offences for learner drivers, and to make
consequential amendments.

Schedule 3 Amendment of Road Transport (General)
Regulation 2005
Schedule 3 provides for appeals to the Local Court against a decision of the RTA to
issue a notice of licence suspension under proposed section 17B (1) or a notice of
licence ineligibility under proposed section 17C (1).

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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