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TRAFFIC (FINE DEFAULT) 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 section 18B of the Traffic Act 1909 so that
penalty notices may be issued under that section for parking offences committed in free
council car parks. At present, penalty notices for offences of this type are issued under
the Local Government Act 1919.
The significance of the Bill is that, as a result of the amendment of section 18B, the
effective extent of section 18C of the Traffic Act 1909 is enlarged Parking offences of
the kind just mentioned will be eligible for inclusion in the penalty default cancellation
scheme--that is, the scheme under which a failure to pay the penalty imposed by a
penalty notice can result in cancellation of the offender's driver's licence or vehicle
registration.
The Bill proposes to repeal the section of the Local Government Act 1919 under
which penalty notices for the same offences are currently issued. The Bill makes other
consequential amendments to that Act and to the Justices Act 1902.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a proclaimed day.
Clause 3 is a formal provision giving effect to amendments to section 18B of the
Traffic Act 1909.
Clause 4 is a formal provision giving effect to a Schedule of consequential
amendments to the Local Government Act 1919.
Clause 5 makes a consequential amendment to the Justices Act 1902.
Clause 6 is a saving of persons' rights in respect of offences committed by them
before the commencement of the proposed Act. Default in payment of the fine imposed
by a penalty notice for any such offence cannot result in cancellation of licence or
registration.
Schedule 1 amends section 18B of the Traffic Act 1909, to permit penalty notices for
the offences mentioned above to be issued under that Act.
Schedule 2 repeals section 270S of the Local Government Act 1919, under which
penalty notices for the offences mentioned above are now issued, and makes other
consequential amendments to that Act.