Road Transport Legislation
Amendment (Public Transport Lanes)
Bill 2003

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 (Safety and Traffic Management) Act 1999
to allow the use of approved traffic lane camera devices as a means of
detecting certain offences of driving in traffic lanes that are dedicated
primarily for the use of public transport in contravention of the
regulations, and

(b) to amend the Road Transport (General) Act 1999 to introduce operator
onus enforcement of such an offence, and

(c) to make consequential amendments to the Criminal Procedure Act 1986,
and

(d) to make a consequential amendment to the Road Transport (Safety and
Traffic Management) (Road Rules) Regulation 1999.

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 the date of
assent.

Clause 3 is a formal provision that gives effect to the amendments to the Acts
and regulation set out in Schedules 1–4.

Schedule 1 Amendment of Road Transport (Safety and
Traffic Management) Act 1999 No 20
Schedule 1 [1] inserts a new Division 3 in Part 4 of the Road Transport (Safety
and Traffic Management) Act 1999 to provide for the use of photographs taken
by approved traffic lane camera devices as evidence of public transport lane
offences. A public transport lane offence is defined to include a bus lane offence,
a T-Way lane offence or any other offence of driving a vehicle in a public
transport lane in contravention of the regulations that is prescribed by the
regulations for the purposes of the proposed definition. Schedule 1 [3] makes a
consequential amendment. Schedule 1 [2] inserts a provision of a savings and
transitional nature.

Schedule 2 Amendment of Road Transport (General)
Act 1999 No 18
Schedule 2 [5] expands the owner onus enforcement provisions in section 43 of
the Road Transport (General) Act 1999 so that the provisions will also apply to
a public transport lane offence that is detected by an approved traffic lane camera
device. Schedule 2 [2]–[4], [6] and [7] make consequential amendments.

Schedule 2 [1] provides that in any prosecution under section 43, the responsible
person for the vehicle in which a designated offence occurs may rely on any
defence that would be available to the actual offender. Schedule 2 [8] inserts a
provision of a savings and transitional nature.

Schedule 3 Amendment of Criminal Procedure
Act 1986 No 209
Schedule 3 [1]–[5] amend section 283 of the Criminal Procedure Act 1986
which deals with the need for, and admissibility of, certain evidentiary matters
relating to law enforcement devices. The proposed amendments are
consequential on the amendments to the Road Transport (Safety and Traffic
Management) Act 1999 and the Road Transport (General) Act 1999. The
amendments extend the coverage of section 283 to approved traffic lane camera
devices and to certificates and photographs that are admissible in proceedings by
virtue of proposed Division 3 of Part 4 of the Road Transport (Safety and Traffic
Management) Act 1999. Schedule 3 [6] inserts a provision of a savings and
transitional nature.

Schedule 4 Amendment of Road Transport (Safety and
Traffic Management) (Road Rules)
Regulation 1999
Schedule 4 makes a consequential amendment to the Road Transport (Safety
and Traffic Management) (Road Rules) Regulation 1999 to prescribe a security
indicator for the purposes of proposed section 57B (2) (b) of the Road Transport
(Safety and Traffic Management) Act 1999. A security indicator is a marking on
a photograph that verifies that the photograph was taken by a particular camera.

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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