ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 34 Immediate suspension of licence in certain circumstances

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 34

34 Immediate suspension of licence in certain circumstances

(cf Traffic Act, s 10C)

(1) If a person is charged by a police officer with:

(a) an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle, being an offence that comprises:

(i) the crime of murder or manslaughter, or

(ii) an offence under section 33, 35 (1) (b), 52A or 54 of the Crimes Act 1900 , or

(b) an offence under section 9 (3) or (4), 15 (4), 16 or 22 (2) of the Road Transport (Safety and Traffic Management) Act 1999 ,

the same or another police officer may, at any time within 48 hours after the person has been charged, give the person a suspension notice.

(1A) If it appears to a police officer that a person has committed an offence under the Road Transport (Safety and Traffic Management) Act 1999 (other than a camera recorded offence within the meaning of section 43 of this Act) of exceeding a speed limit prescribed under that Act by more than 45 kilometres per hour, the same or another police officer may, at any time within 48 hours of:

(a) the person being served with a penalty notice for the offence under Division 1, or

(b) the person being charged with the offence,

give the person a suspension notice.

(2) For the purposes of this section, a "suspension notice" is a notice, in a form approved by the Authority:

(a) if the person is charged with an offence referred to in subsection (1) or (1A)--informing the person that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), and

(b) if the person is served with a penalty notice for an offence referred to in subsection (1A)--informing the person that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:

(i) a period of 6 months elapses after the date on which the offence is alleged to have been committed,

(ii) if the person elects to have the matter determined by a court in accordance with Part 3 of the Fines Act 1996 --the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person,

(iii) a decision is made not to enforce the penalty notice, and

(c) informing the person of the right of review in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Tribunal Act 1997 or alternative appeal right, and

(d) requiring the person:

(i) to surrender any such licence, by a date specified in the notice, to a police officer, or

(ii) if the notice so specifies--to surrender any such licence in the person's possession immediately to the police officer who gave the person the notice.

(3) Any driver licence held by a person to whom a suspension notice is given is suspended in accordance with the terms of the notice.

(4) Particulars of each suspension notice given under this section are to be forwarded to the Authority immediately after the notice is given.

(5) A person who is given a suspension notice must surrender his or her driver licence in compliance with the notice.

Maximum penalty: 20 penalty units.

(6) If, on the determination of the charge by a court, the person is disqualified from holding or obtaining a licence for a specified time:

(a) the court must take into account the period of suspension under this section when deciding whether to make any order under section 25, and

(b) to the extent (if any) that the court so orders, a suspension under this section may be regarded as satisfying all or part of any mandatory minimum period of disqualification required by that section to be imposed when the charge is proved.

(7) For the purposes of this section:

(a) a person is charged with an offence when particulars of the offence are notified in writing to the person by a police officer, and

(b) a charge is withdrawn when the person charged is notified in writing of that fact by a police officer or when it is withdrawn before the court, and

(c) a charge is determined by a court when the offence is proved or the information is dismissed, and

(d) a decision is made not to take or continue proceedings against a person when the person is notified in writing of that fact by a police officer or when the proceedings are discharged by the court, and

(e) a decision is made not to enforce a penalty notice in relation to a person when the person is notified in writing of that fact by:

(i) a police officer, or

(ii) an appropriate officer for the penalty notice within the meaning of Part 3 of the Fines Act 1996 , or

(iii) a member of staff of the State Debt Recovery Office.

(8) In this section:

"grievous bodily harm" has the same meaning as it has in the Crimes Act 1900 .