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Drag Racing) Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides for the commencement of the proposed Act on a day to
be proclaimed.
Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedule 1.
Clause 4 provides that the provisions inserted into the Traffic Act 1909 by
the proposed Act expire 6 months after they commence, unless both Houses
of Parliament resolve otherwise.
Clause 5 provides for the general monitoring and review, by the Staysafe
Committee, of the amendments made by the proposed Act.
Schedule l [l] inserts new sections 4BA, 4BB and 4BC into the Act.
Proposed section 4BA prohibits a person from operating a motor vehicle in a
manner that causes it to lose traction against the road surface or otherwise in
connection with activities prescribed by the regulations, for example
organised street and illegal drag racing.
Proposed section 4BB provides for impounding of a vehicle used for any
practice prohibited under proposed section 4BA or for actual street racing
(prohibited by existing section 4B of the Act). The impounded car may be
kept by police until the offence has been dealt with by law or until the
statutory period prescribed under section 4BC in relation to the offence has
expired, unless an owner of the vehicle comes forward to show that the
offence was committed without his or her consent or knowledge.
Proposed section 4BC provides for further measures against the offender if
the offence is found proven in court or (in the case of an offence under
proposed section 4BA) is dealt with by payment of the penalty under a
penalty notice. For a first offence, the vehicle is automatically liable to
impounding for 3 months. For a second or subsequent offence under section
4B or proposed section 4BA, the vehicle is automatically forfeited to the
Crown. A court dealing with the offence has a discretion to reduce these
measures if, in its opinion, there is good reason to do so.
Schedule 1 [2] inserts a new Schedule 2 into the Act, which contains
provisions regulating dealing with impounded vehicles, including the
conditions on which they may be returned to owners who were not party to
the offences.
Explanatory note page 2