New South Wales Bills Explanatory Notes

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TRAFFIC (OFFENCES) AMENDMENT BILL 1992

Act 1992 No. 71

TRAFFIC (OFFENCES) AMENDMENT BILL 1992

NEW SOUTH WALES
EXPLANATORY NOTE

(This Explanatory Note relates to this Bill as introduced into Parliament)

The object of this Bill is to amend the Traffic Act 1909 to make it clear that the
"owner-onus" provisions in section 18A of the Act apply in relation to offences under
the Act as well as to offences under regulations.

Under those provisions, the owner of a motor vehicle in connection with which an
offence is committed is taken to be guilty of the offence, unless certain other
circumstances are established (e.g. that the vehicle was stolen or illegally taken or used).

Clause 1 specifies the short title of the proposed Act.

Clause 2 provides that the proposed Act is taken to have commenced on 1 January
1991. This was the date of commencement of the Traffic (photographic Evidence)
Amendment Act 1990, which inserted provisions relating to offences under the Traffic
Act 1909.

Clause 3 makes the amendment to section 18A (1) of the Traffic Act 1909, as
described above.


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