New South Wales Consolidated Regulations

LEGAL PROFESSION REGULATION 2005 - REG 4

4 Meaning of “excluded offence”

(1) In this Regulation:
"excluded offence" means any of the following offences:

(a) any offence under the road transport legislation (within the meaning of the Road Transport (General) Act 1999 ) other than the following:

(i) any offence under section 42 (1) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle negligently on a road or road related area if the person concerned is, by way of penalty, sentenced to imprisonment or fined a sum of not less than $200,

(ii) any offence under section 42 (2) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle on a road or road related area furiously, recklessly or at a speed or in a manner dangerous to the public,

(iii) any offence under section 19 (2) of the Road Transport (General) Act 1999 (which relates to refusing to comply with a requirement to produce a driver licence, or to state name and home address, or stating a false name and home address),

(iv) any offence under section 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to driving etc while under the influence of alcohol or any other drug),

(v) any offence under section 25A (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1998 (which relates to driving while unlicensed and other relevant matters),

(vi) any offence under section 70 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to failing to stop and give assistance after an accident),

(vii) any offence under section 9 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to presence of prescribed concentration of alcohol in a person’s breath or blood),

(viii) any offence under section 43 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to menacing driving),

(ix) any other offence under the road transport legislation if the court orders the disqualification of the person concerned from holding a driver licence,

(b) any offence relating to the parking of motor vehicles.

(2) For the purposes of the definition of "excluded offence" in subclause (1):

(a) a reference to an offence under the road transport legislation includes a reference to an offence under the Traffic Act 1909 , or the regulations under that Act, as previously in force, and

(b) a reference to an offence under a provision of an Act specified in paragraph (a) of that definition includes a reference to an offence under a corresponding provision of the Traffic Act 1909 , or the regulations under that Act, as previously in force.