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This is a Bill, not an Act. For current law, see the Acts databases.

TRAFFIC AMENDMENT BILL 2009

Serial 38
Traffic Amendment Bill 2009
Mr Giles







A Bill for an Act to amend the Traffic Act and related legislation














NORTHERN TERRITORY OF AUSTRALIA

TRAFFIC AMENDMENT ACT 2009

____________________

Act No. [ ] of 2009

____________________


Table of provisions




NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2009

____________________

An Act to amend the Traffic Act and related legislation

[Assented to [ ] 2009]

[Second reading [ ] 2009]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
Short title

This Act may be cited as the Traffic Amendment Act 2009.

Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

Part 2 Amendment of Traffic Act
Act amended

This Part amends the Traffic Act.

Repeal and substitution of Part VA heading

Part VA, heading

repeal, substitute

Part VA Vehicle impounding and forfeiture

Amendment of section 29AA (Object of Part)

Section 29AA

omit

all words after "is to"

substitute

provide for impounding and forfeiture of vehicles in relation to certain offences under this Act

Amendment of section 29AB (Definitions)

(1) Section 29AB

insert (in alphabetical order)

Class A prescribed driving offence, see definition prescribed driving offence in this section.

Class B prescribed driving offence means:

(a) a Class B1 prescribed driving offence; or

(b) a Class B2 prescribed driving offence.

Class B1 prescribed driving offence, see definition prescribed driving offence in this section.

Class B2 prescribed driving offence, see definition prescribed driving offence in this section.

subsequent offence means:

(a) a Class A subsequent offence mentioned in section 29AG(1)(b); or

(b) a Class B subsequent offence mentioned in section 29AG(2)(a).

(2) Section 29AB, definition prescribed driving offence

omit, substitute

prescribed driving offence means an offence by the driver of a motor vehicle against a provision of this Act prescribed by the Regulations as any of the following:

(a) a Class A prescribed driving offence;

(b) a Class B1 prescribed driving offence;

(c) a Class B2 prescribed driving offence.

Amendment of section 29AD (Power of police officer to impound vehicle)

(1) Section 29AD(1)

omit

prescribed driving offence

substitute

Class A prescribed driving offence

(2) Section 29AD(4)(d)

omit

prescribed driving offences

substitute

Class A prescribed driving offences

Repeal and substitution of section 29AG

Section 29AG

repeal, substitute

29AG Application of Division

(1) This Division applies if, within 2 years after a person (the offender) being found guilty of a Class A prescribed driving offence (the first Class A offence):

(a) the offender is found guilty of another Class A prescribed driving offence (the second Class A offence); or

(b) the offender is found guilty of one or more further Class A prescribed driving offences (each of which is a Class A subsequent offence) after being found guilty of the second Class A offence.

(2) This Division also applies if a person (the offender):

(a) is found guilty of a Class B prescribed driving offence (a Class B subsequent offence) within 5 years after being found guilty of a Class B prescribed driving offence; and

(b) has, at any time, been found guilty of 3 or more Class B prescribed driving offences, of which at least one was a Class B1 prescribed driving offence.

Amendment of section 29AH (Sentencing for second offence)

(1) Section 29AH, heading

omit

second offence

substitute

second Class A offence

(2) Section 29AH(1) to (3), (5)(a) and (b) and (8)

omit (all references)

second offence

substitute

second Class A offence

Amendment of section 29AT (Impounding determination, impounding order and forfeiture order)

(1) Section 29AT(1)(a), (2)(a) and (b) and (4)(a) and (b)

omit (all references)

prescribed

substitute

Class A prescribed

(2) After section 29AT(4)

insert

(4A) A person must not enter into a transaction relating to a motor vehicle, or unlawfully remove anything fitted or attached to the vehicle, if:

(a) a driver of the vehicle is charged with, or issued with a summons for, a Class B prescribed driving offence (the relevant offence); and

(b) the driver was found guilty of one or more Class B prescribed driving offences during the 5 years immediately before being charged with the relevant offence and had at any time been found guilty of another Class B prescribed driving offence; and

(c) at least one of the Class B prescribed driving offences mentioned in paragraph (a) or (b) was a Class B1 prescribed driving offence; and

(d) the person knows about the matters mentioned in paragraphs (a), (b) and (c); and

(e) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for a forfeiture order for the relevant offence.

Maximum penalty: 400 penalty units or imprisonment not exceeding 2 years.

Amendment of section 51 (Regulatory offences)

Section 51

omit

29AT(1), (2), (4) and (5)

substitute

29AT(1), (2), (4), (4A) and (5)

Amendment of section 56 (Transitional matters for Transport Legislation (Hoon Behaviour) Amendment Act 2009)

(1) Section 56(4)

omit

all words after "29AD(4)(d),"

substitute

29AG(1) and (2) and 29AT(1), (2), (4) and (4A)

(2) Section 56(4), example

omit, substitute

Example

A person was found guilty of a Class A prescribed driving offence 10 months before the commencement. The person is again found guilty of a Class A prescribed driving offence 2 months after the commencement. The Commissioner of Police may therefore apply for an impounding order in relation to the vehicle used in committing the second Class A offence.

Part 3 Amendment of Traffic Regulations
Regulations amended

This Part amends the Traffic Regulations.

Repeal and substitution of regulation 91A

Regulation 91A

repeal, substitute

91A Certain driving offences prescribed for section 29AB of Act

For the definition of prescribed driving offence in section 29AB of the Act:

(a) an offence against any of the following provisions is a Class A prescribed driving offence:

(i) regulation 37(1A);

(ii) regulation 37A(1);

(iii) regulation 37B(1); and

(b) an offence against any of the following provisions is a Class B1 prescribed driving offence:

(i) section 21 of the Act;

(ii) section 29AAA of the Act;

(iii) section 29AAE of the Act; and

(c) an offence against any of the following provisions is a Class B2 prescribed driving offence:

(i) section 22 of the Act;

(ii) section 23 of the Act;

(iii) section 24 of the Act;

(iv) section 25 of the Act;

(v) section 26 of the Act.


 

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