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Queensland
TRAFFIC AMENDMENT
BILL
Queensland
TRAFFIC AMENDMENT BILL
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF TRAFFIC ACT 1949
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 5 (Effect of Act on functions etc. of local authorities) . . 6
5 Omission of ss 7A and 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 9 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Replacement of ss 1012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Superintendents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Replacement of s 12B (Director-General may install official
traffic signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12B Chief executive may install or remove official traffic signs . . . . . . 14
12BA Local government may install or remove official traffic signs . . . . 14
9 Replacement of s 12F (Contravention of or failure to comply
with an official traffic sign to be an offence) . . . . . . . . . . . . . . . . . . . . . . . . 14
12F Contravention of official traffic sign an offence . . . . . . . . . . . . . . . . 14
10 Amendment of s 14 (Issue and renewal of drivers' licences) . . . . . . . . . . . 15
11 Replacement of s 14A (Traffic Engineering Trust Fund) . . . . . . . . . . . . . . . 16
14A Release of driver licence and traffic history . . . . . . . . . . . . . . . . . . . 16
14B Transfer of Traffic Engineering Trust Fund . . . . . . . . . . . . . . . . . . . . 16
12 Amendment of s 16A (Provisions with respect to breath tests and
laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Traffic Amendment
13 Amendment of s 44 (Police may take charge of vehicles etc. in
certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Replacement of ss 44A and 44B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
44A Local governments may regulate parking . . . . . . . . . . . . . . . . . . . . . 19
44B Parking regulation involves installing official traffic signs . . . . . . . 20
44BA Examples of how parking may be regulated . . . . . . . . . . . . . . . . . . . 22
15 Amendment of s 44C (Paid parking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
16 Amendment of s 44D (Paid parking offences) . . . . . . . . . . . . . . . . . . . . . . . 24
17 Amendment of s 44E (Owner responsible for offence) . . . . . . . . . . . . . . . . . 24
18 Amendment of s 44F (Notice of alleged offence) . . . . . . . . . . . . . . . . . . . . 25
19 Replacement of s 44N (Disabled persons parking) . . . . . . . . . . . . . . . . . . . . 25
44N Disabled person parking permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
20 Amendment of Pt 6B (Photographic detection devices) . . . . . . . . . . . . . . . 26
21 Replacement of s 44O (Approval of apparatus) . . . . . . . . . . . . . . . . . . . . . . 26
44O Use of radar speed detection devices . . . . . . . . . . . . . . . . . . . . . . . . . 26
22 Insertion of new Division heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
23 Amendment of s 44P (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
24 Insertion of new s 44PA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44PA Photographic detection devices--transitional . . . . . . . . . . . . . . . . . . 27
25 Amendment of s 44Q (Offences detected by photographic
detection device) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
26 Amendment of s 44R (Procedure in relation to camera-detected
prescribed offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
27 Replacement of s 44S (Material to accompany notice and summons) . . . 29
44S Notice accompanying summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28 Amendment of s 44T (Payment of penalty) . . . . . . . . . . . . . . . . . . . . . . . . . 31
29 Replacement of s 44U (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . 31
44U Photographic evidence--inspection and challenges . . . . . . . . . . . . . 31
30 Insertion of new s 44W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44W Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
31 Amendment of s 45A (Traffic offences in respect of which
offender may elect to pay penalty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
32 Amendment of s 49 (Facilitation of proof) . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3
Traffic Amendment
33 Omission of s 54 (Power of courts to disqualify convicted persons
from holding or obtaining licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
34 Replacement of ss 67 and 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
67 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
35 Amendment of Schedule (Subject matters for regulations) . . . . . . . . . . . . . 36
PART 3--SETONS AMENDMENT OF TRAFFIC ACT 1949
36 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
37 Amendment of s 9 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
38 Amendment of s 16B (Notices to offenders for certain first offences) . . . . 40
39 Amendment of s 44D (Paid parking offences) . . . . . . . . . . . . . . . . . . . . . . . 43
40 Omission of ss 44E44H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
41 Omission of s 44I (Offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
42 Amendment of s 44P (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
43 Omission of ss 44Q44T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
44 Replacement of s 44V (Effect of action under Part 4A of Justices Act) . . 44
44V Photographic evidence--notices to accompany summons . . . . . . . . 44
45 Omission of s 45A (Traffic offences in respect of which offender
may elect to pay penalty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 4--REPEAL OF TRAFFIC ACT AMENDMENT ACT 1974
46 Repeal of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 5--AMENDMENT OF TRANSPORT INFRASTRUCTURE
(ROADS) ACT 1991
47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
48 Insertion of new s 9.21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
9.21A Traffic improvement fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 46
STATUTE REVISION AMENDMENTS
1994
A BILL
FOR
An Act to amend the Traffic Act 1949 and the Transport
Infrastructure (Roads) Act 1991, and to repeal the Traffic Act
Amendment Act 1974
6
Traffic Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause1. This Act may be cited as the Traffic Amendment Act 1994. 4
5
Commencement
Clause2.(1) Section 6(6) is taken to have commenced on 15 August 1987. 6
(2) Section 12 (other than section 12(7) and (13)) commences on assent. 7
(3) The remaining provisions commence on a day to be fixed by 8
proclamation. 9
PART 2--AMENDMENT OF TRAFFIC ACT 1949 10
amended 11
Act
Clause3. This Part and the Schedule amend the Traffic Act 1949. 12
of s 5 (Effect of Act on functions etc. of local authorities) 13
Amendment
Clause4.(1) Section 5, heading-- 14
omit, insert-- 15
`Local laws etc.'. 16
(2) Section 5(6), heading-- 17
omit. 18
(3) Section 5(6) and (6A)-- 19
renumber as section 5(3) and (4) respectively. 20
7
Traffic Amendment
(4) Section 5(6)-- 1
omit `such by-laws or, as the case may be, ordinances', 2
insert `a local law'. 3
(5) Section 5(6)(a) to (c)-- 4
omit `prohibition, regulation and control', insert `regulation'. 5
(6) Section 5(6)(d)-- 6
omit, insert-- 7
`(d) the regulation of roadside vending.'. 8
(7) Section 5(6A)-- 9
omit `subsection (6)(a)', insert `subsection (3)(a)'. 10
(8) Section 5(7) and (8)-- 11
omit, insert-- 12
`(5) A local law under subsection (3)(d) does not affect a requirement to 13
obtain a licence under the Hawkers Act 1984. 14
`(6) The local government may make a local law under subsection (3) 15
for-- 16
(a) a road in its area that is not a declared road; and 17
(b) a declared road in its area, with the chief executive's written 18
agreement. 19
`(7) If a local government makes a local law about a matter mentioned in 20
subsection (3), the provisions of this Act about the matter no longer apply 21
to the whole or part of the local government's area to which the local law 22
applies. 23
`(8) The provisions do not revive on the repeal of the local law. 24
`(9) A local government may make a local law for a matter specified in 25
clauses 8A, 9(1), 11 and 11A of the Schedule if it is not inconsistent with a 26
regulation made under the clauses.'. 27
8
Traffic Amendment
mission of ss 7A and 7B 1
O
Sections 7A and 7B-- 2
Clause5.
omit. 3
of s 9 (Interpretation) 4
Amendment
Clause6.(1) Section 9, heading-- 5
omit, insert-- 6
`Definitions'. 7
(2) Section 9, definitions "authorised officer", "city", "coin", 8
"Commissioner", "declared road", "Director-General", "district 9
superintendent", "justices", "licensed", "licensee", "Manual of 10
Uniform Traffic Control Devices", "Metropolitan Traffic District", 11
"motor car", "motor omnibus", "officer in charge of a police station", 12
"owner", "parking", "police district", "Police Service", "prime 13
mover", "provisional licence", "railway", "regulated parking", 14
"superintendent" and "tramway"-- 15
omit. 16
(3) Section 9-- 17
insert-- 18
` "authorised officer" means-- 19
(a) a police officer; or 20
(b) a person holding office as an authorised officer under 21
section 10(1); or 22
(c) a special constable holding office as an authorised officer under 23
section 10(2); 24
"coin" means a coin made and issued under the Currency Act 1965 25
(Cwlth); 26
"Commissioner" means the Commissioner of the Police Service; 27
"corresponding document" to a document issued under a provision of 28
this Act means a document issued under a corresponding law to the 29
provision; 30
9
Traffic Amendment
"corresponding law" to a provision of this Act means a law of the 1
Commonwealth, another State, a Territory or a foreign country that 2
provides for the same matter as the provision of this Act; 3
"declared road" means a State-controlled road under the Transport 4
Infrastructure Act 1994; 5
"disabled person" means a person whose ability to walk is impaired; 6
"disabled person parking permit" means a permit issued under 7
section 44N or a corresponding document; 8
"indication" given by an official traffic sign includes-- 9
(a) a direction on an official traffic sign; and 10
(b) a direction, indication or requirement that, under a regulation, is 11
prescribed as being given or imposed, because of an official 12
traffic sign; 13
14
Example--
15
Under an existing regulation, a red light is a direction or requirement that a driver
16
facing the red light must not proceed beyond the stop line.
"learner's permit" means a learner's permit issued under section 14 or a 17
corresponding document; 18
"Manual of Uniform Traffic Control Devices" means the Manual of 19
Uniform Traffic Control Devices issued by the chief executive, as 20
amended from time to time; 21
"motor car" means a motor vehicle (other than a motorcycle) that-- 22
(a) is not more than 4.5 t gross vehicle mass; and 23
(b) is built or fitted to carry no more than 12 adults, including the 24
driver; 25
"motor omnibus" means a motor vehicle built or fitted to carry more than 26
12 adults, including the driver; 27
"MUTCD" stands for the Manual of Uniform Traffic Control Devices; 28
"officer in charge of a police station" means the police officer who is in 29
charge of a police station at the relevant time; 30
"open licence" means an open licence issued under section 14 or a 31
corresponding document; 32
10
Traffic Amendment
"owner" of a vehicle, tram, animal or vessel includes a person who is-- 1
(a) its owner, joint owner or part owner; and 2
(b) a bailee to whom it is bailed for more than 14 days; and 3
(c) its user under a hiring agreement or hire-purchase agreement; and 4
(d) for a vehicle whose owner is mentioned in Parts 6A and 6B and 5
section 45A(2)--person who is its owner within the meaning of 6
the Transport Infrastructure (Roads) Regulation 1991; 7
"parking" means the standing of an occupied or unoccupied vehicle, other 8
than temporarily, for and while actually engaged in picking up or 9
setting down passengers or loading or unloading goods, and 10
includes-- 11
(a) for a metered space when only paid parking is allowed--the 12
standing of the vehicle even if engaged in picking up or setting 13
down passengers or loading or unloading goods; and 14
(b) for a loading zone when parking generally at the place where the 15
loading zone is located is only allowed for a limited time-- 16
(i) the standing of the vehicle for and while actually engaging in 17
the picking up or setting down of passengers for longer 18
than-- 19
(A) 2 minutes; or 20
(B) if a longer time is indicated by the loading zone's 21
official traffic sign--the longer time indicated; or 22
(ii) the standing of the vehicle for and while actually engaging in 23
loading or unloading goods for longer than-- 24
(A) 20 minutes; or 25
(B) if a longer time is indicated by the loading zone's 26
official traffic sign--the longer time indicated; or 27
(iii) if the loading zone is restricted to the standing of vehicles of 28
a specified type indicated by the loading zone's official 29
traffic sign--the standing of another type of vehicle even if 30
engaged in picking up or setting down passengers or loading 31
or unloading goods; or 32
11
Traffic Amendment
(iv) if the loading zone is restricted to the standing of vehicles for 1
a specified purpose indicated by the loading zone's official 2
traffic sign--the standing of a vehicle for another purpose 3
even if engaged in picking up or setting down passengers or 4
loading or unloading goods; 5
6
Example of paragraph (a)--
7
The official traffic sign installed for the metered space may indicate that only
8
paid parking is allowed there for specified days and hours of a week or similar
9
conditions may be imposed for a traffic area in which a metered space may be
10
located.
11
Example of paragraph (b)--
12
A loading zone may be located in a traffic area where parking is generally limited
13
to a maximum time during specified days and hours of the week.
"prime mover" means a motor vehicle that-- 14
(a) is more than 4.5 t gross vehicle mass; and 15
(b) is built to haul a semitrailer; 16
"provisional licence" means a provisional licence issued under section 14 17
or a corresponding document; 18
"railway" means-- 19
(a) a railway within the meaning of the Transport Infrastructure 20
(Railways) Act 1991; or 21
(b) a tramway within the meaning of Part 11 of the Sugar Industry 22
Act 1991; 23
"regulated parking" means parking that is regulated by a local 24
government by an official traffic sign under Part 6A, and includes 25
parking regulated under sections 44C and 44D; 26
"roadside vending" means-- 27
(a) the commercial supply of goods or services from a place on a 28
road; or 29
(b) the setting up on, or bringing onto, a road of a stall, vehicle, 30
equipment or other thing for the commercial supply of goods or 31
services; 32
but does not include roadside vending for a religious, charitable, 33
12
Traffic Amendment
educational or political purpose; 1
"superintendent" means a person holding office as a superintendent of 2
traffic under section 11; 3
"traffic history" of a person means the history of-- 4
(a) the contraventions for which the person has been dealt with under 5
this Act, including by the recording of demerit points under a 6
regulation; or 7
(b) the contraventions of section 328A of the Criminal Code for 8
which the person has been dealt with;'. 9
(4) Section 9, definition "commercial vehicle", paragraph (b)-- 10
omit `, station sedan, station wagon'. 11
(5) Section 9, definition "commercial vehicle", paragraph (c)(i)-- 12
omit, insert-- 13
`(i) issued by a local government under a local law made under 14
section 44BA(4); and'. 15
(6) Section 9, definition "drug"-- 16
omit `Health Act 1937', insert `Drugs Misuse Act 1986'. 17
(7) Section 9, definition "loading zone", paragraph (a)-- 18
omit `, motor utility trucks,'. 19
(8) Section 9, definition "official traffic sign"-- 20
omit `Director-General', insert `chief executive'. 21
(9) Section 9, definition "off-street regulated parking area"-- 22
omit `pursuant to section 44B(16)', 23
insert `under a local law made under section 44BA(5)'. 24
(10) Section 9, definition "road", paragraph (b)-- 25
omit `or any tramway'. 26
(11) Section 9, definition "road", paragraph (c)-- 27
omit `the Governor in Council', insert `regulation'. 28
13
Traffic Amendment
of ss 1012 1
Replacement
Sections 10 to 12-- 2
Clause7.
omit, insert-- 3
officers 4
`Authorised
`10.(1) The chief executive may appoint an officer of the public service to 5
be an authorised officer. 6
`(2) The Commissioner may appoint a special constable to be an 7
authorised officer. 8
`(3) In this section-- 9
"special constable" has the meaning given by section 1.4(1) 10
(Interpretation) of the Police Service Administration Act 1990. 11
12
`Superintendents
`11.(1) The chief executive may appoint an officer of the public service to 13
be a superintendent of traffic. 14
`(2) The Commissioner may appoint a police officer or officer of the 15
public service to be a superintendent of traffic. 16
`Conditions of appointment 17
`12.(1) An authorised officer or superintendent may be appointed on 18
conditions for administrative purposes. 19
`(2) A contravention of a condition does not affect the validity of 20
anything done or omitted to be done by the authorised officer or 21
superintendent in exercising a power under this Act. 22
`(3) However, this does not affect disciplinary action that may be taken 23
against the authorised officer or superintendent for the contravention.'. 24
of s 12B (Director-General may install official traffic 25
Replacement
signs) 26
Section 12B-- 27
Clause8.
omit, insert-- 28
14
Traffic Amendment
executive may install or remove official traffic signs 1
`Chief
`12B.The chief executive may, for the purposes of this or another Act-- 2
(a) install an official traffic sign on a road; and 3
(b) remove an official traffic sign from a road. 4
government may install or remove official traffic signs 5
`Local
`12BA.(1) A local government may install an official traffic sign in its 6
area-- 7
(a) on a road that is not a declared road; or 8
(b) on a declared road, with the chief executive's written agreement; 9
or 10
(c) on an off-street regulated parking area. 11
`(2) Under subsection (1)(b), a local government may install an official 12
traffic sign that-- 13
(a) defines a traffic area; and 14
(b) indicates that parking on declared roads within the traffic area is 15
regulated. 16
`(3) A local government may remove an official traffic sign installed by 17
it.'. 18
of s 12F (Contravention of or failure to comply with an 19
Replacement
official traffic sign to be an offence) 20
Section 12F-- 21
Clause9.
omit, insert-- 22
of official traffic sign an offence 23
`Contravention
`12F.(1) A person who contravenes an indication given by an official 24
traffic sign commits an offence. 25
`Maximum penalty--40 penalty units or 6 months imprisonment. 26
`(2) A local government may take proceedings for the imposition and 27
enforcement of a penalty under subsection (1) for a contravention relating to 28
15
Traffic Amendment
an official traffic sign installed by it. 1
`(3) The penalty recovered by the local government for the offence must 2
be paid to the local government. 3
`(4) Subsection (2) does not limit the right of another entity to take 4
proceedings for the imposition and enforcement of a penalty under 5
subsection (1) for a contravention relating to an official traffic sign.'. 6
of s 14 (Issue and renewal of drivers' licences) 7
Amendment
Section 14(1)-- 8
Clause10.(1)
omit, insert-- 9
`14.(1) A superintendent may issue or renew the following types of 10
drivers' licences-- 11
(a) a learner's permit; 12
(b) a provisional licence, including a provisional licence ordered to be 13
issued by a Court under section 20A; 14
(c) an open licence.'. 15
(2) Section 14(2A)-- 16
renumber as section 14(3). 17
(3) Section 14(2AB)-- 18
omit, insert-- 19
`(4) A regulation may give the interpretation of a code appearing on a 20
licence.'. 21
(4) Section 14(2B)-- 22
renumber as section 14(5). 23
(5) Section 14(3) to (8)-- 24
omit, insert-- 25
`(6) A driver's licence is for the period (not longer than 10 years) 26
specified in the licence.'. 27
16
Traffic Amendment
of s 14A (Traffic Engineering Trust Fund) 1
Replacement
Section 14A-- 2
Clause11.
omit, insert-- 3
of driver licence and traffic history 4
`Release
`14A.(1) On receiving an application in the approved form, the chief 5
executive may release information about a person's driver's licence or 6
traffic history to-- 7
(a) the person; or 8
(b) with the person's written agreement--another person; or 9
(c) a person who issues drivers' licences under a corresponding law 10
to section 14. 11
`(2) A regulation may provide for the fee payable for the release of the 12
information to a person mentioned in subsection (1)(a) or (b). 13
of Traffic Engineering Trust Fund 14
`Transfer
`14B.(1) The balance of the Traffic Engineering Trust Fund is transferred 15
to the Consolidated Fund. 16
`(2) This section expires at the end of the day on which it commences.'. 17
of s 16A (Provisions with respect to breath tests and 18
Amendment
laboratory tests) 19
Section 16A(1), definitions "breath analysing instrument" 20
Clause12.(1)
and "breath test"-- 21
omit, insert-- 22
` "breath analysing instrument" means an instrument-- 23
(a) for finding out the concentration of alcohol in a person's blood by 24
analysing a specimen of the person's breath; and 25
(b) that is of a type prescribed by regulation; 26
"breath test" means a test to obtain an indication of the concentration of 27
alcohol in a person's blood that is performed on a specimen of the 28
person's breath using-- 29
17
Traffic Amendment
(a) a breath analysing instrument; or 1
(b) a device approved by regulation.1'. 2
(2) Section 16A(8)(a) and (b), at the end-- 3
insert `or'. 4
(3) Section 16A(8B)(a), (b) and (c), at the end-- 5
insert `or'. 6
(4) Section 16A(8J)(a) and (b), at the end-- 7
insert `or'. 8
(5) Section 16A(15D)(a) and (b), at the end-- 9
insert `and'. 10
(6) Section 16A(15F)(a) and (b), at the end-- 11
insert `and'. 12
(7) Section 16A(16A)-- 13
omit `by registered post or certified mail', 14
insert `in a way prescribed by regulation'. 15
(8) Section 16A(16B)(c)-- 16
omit, insert-- 17
`(c) that-- 18
(i) the concentration of alcohol in the person's blood indicated 19
by the laboratory test was a specified number of milligrams 20
of alcohol in the blood per 100 mL of blood; or 21
(ii) a specified drug or metabolite of a specified drug was 22
indicated by the laboratory test to be present in the person's 23
blood;'. 24
(9) Section 16A(16E)(a), at the end-- 25
insert `and'. 26
1 As to devices previously approved by Gazette notice, see section 20C of the
Statutory Instruments Act 1992.
18
Traffic Amendment
(10) Section 16A(16F)-- 1
omit `alcohol or drug indicated to be present in', 2
insert `alcohol indicated to be present in, or of the drug or metabolite of 3
the drug indicated to be present in,'. 4
(11) Section 16A(16F)-- 5
omit `concentration of alcohol or drug in', 6
insert `presence of the concentration of alcohol in, or the drug or the 7
metabolite of the drug in,'. 8
(12) Section 16A(18A)(a), at the end-- 9
insert `and'. 10
(13) Section 16A(19)-- 11
omit, insert-- 12
`(19) If a police officer sends a specimen of blood to an analyst's 13
laboratory in a way prescribed by regulation, in any proceeding-- 14
(a) evidence of that fact given by the officer; and 15
(b) a certificate, produced in evidence, purporting to be signed by the 16
analyst certifying that the specimen of blood was received at the 17
analyst's laboratory from the officer; 18
is sufficient evidence of compliance with subsection (16A).'. 19
(14) Section 16A(21)-- 20
omit. 21
(15) Section 16A(24)-- 22
omit `concentration of alcohol or drug in', 23
insert `presence of the concentration of alcohol in, or the drug or the 24
metabolite of the drug in,'. 25
(16) Section 16A(24A)(a) and (b), at the end-- 26
insert `and'. 27
19
Traffic Amendment
of s 44 (Police may take charge of vehicles etc. in certain 1
Amendment
cases) 2
Clause13.(1) Section 44, heading-- 3
omit, insert-- 4
`Removal of things from roads'. 5
(2) Section 44(6), at the end-- 6
insert-- 7
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 8
(3) Section 44(7), heading-- 9
omit. 10
(4) Section 44(15), at the end-- 11
insert-- 12
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 13
(5) Section 44(16)-- 14
omit, insert-- 15
`(16) Under a local law, a local government may provide for the 16
removal, safe storage or disposal of vehicles that persons authorised under 17
the local law consider, on reasonable grounds, have been abandoned on 18
roads in the local government's area. 19
`(17) If a local law provides for a matter mentioned in subsection (16), 20
subsections (7) to (15) no longer apply in the local government's area. 21
`(18) Subsections (7) to (15) in their application in the local 22
government's area are not revived by the repeal of the local law. 23
`(19) In subsections (7) to (16)-- 24
"vehicle" includes any part of a vehicle.'. 25
of ss 44A and 44B 26
Replacement
Sections 44A and 44B-- 27
Clause14.
omit, insert-- 28
20
Traffic Amendment
governments may regulate parking 1
`Local
`44A.(1) A local government may, under a local law, regulate parking in 2
its area-- 3
(a) on a road, other than a declared road; or 4
(b) on a declared road, with the chief executive's written agreement; 5
or 6
(c) on an off-street regulated parking area. 7
`(2) The local government's regulation of parking may include-- 8
(a) specifying the times when a vehicle may or must not be parked; 9
and 10
(b) requiring the payment of a fee for a vehicle to be parked; and 11
(c) specifying the types of vehicles that may or must not be parked; 12
and 13
(d) specifying the purposes for which a vehicle may or must not be 14
parked; and 15
(e) specifying where its regulation of parking applies. 16
regulation involves installing official traffic signs 17
`Parking
`44B.(1) A local government may install official traffic signs indicating 18
how parking is regulated.2 19
`(2) An official traffic sign installed by a local government may apply to 20
parking-- 21
(a) at or near the place where the sign is installed, for example, a 22
particular parking space, road or off-street regulated parking area; 23
or 24
(b) throughout an area consisting of the whole or part of the local 25
government's area (a "traffic area"). 26
`(3) A local government may install an official traffic sign applying to 27
parking throughout a traffic area only if-- 28
2 The regulation of parking is ultimately enforceable under section 12F as a
contravention of an indication on an official traffic sign.
21
Traffic Amendment
(a) a local law has declared the traffic area and defined its boundaries; 1
and 2
(b) the sign is installed on the road at every road entry to the traffic 3
area. 4
`(4) An official traffic sign applying to parking throughout a traffic 5
area-- 6
(a) may only indicate the following matters about how parking is 7
regulated throughout the traffic area-- 8
(i) the times when a person may only park for a maximum 9
specified time; 10
(ii) the times when a person may only park by paid parking at a 11
place where the local government has provided for paid 12
parking; and 13
(b) for parking for which another official traffic sign is installed 14
within the traffic area--applies subject to the other official traffic 15
sign. 16
17
Example of subsection (4)(b)--
18
An official traffic sign installed within a traffic area may allow a longer or shorter
19
parking time than that allowed by the official traffic sign for the entire traffic area.
`(5) Subsection (4)(a) does not limit the matters that may be indicated on 20
an official traffic sign mentioned in subsection (4)(b). 21
`(6) A person parking anywhere within a traffic area is taken to have 22
notice of the contents of the official traffic sign installed at the road entries to 23
the traffic area. 24
`(7) If an official traffic sign is installed at or near a place so that a person 25
parking at the place is likely to see the sign, the person is taken to have 26
notice of the contents of the sign. 27
`(8) An indication on an official traffic sign regulating parking is 28
evidence that the regulation of the parking as indicated was properly 29
imposed under a local law of the local government for the area where the 30
sign is located. 31
`(9) This section does not limit a local government's power to install an 32
official traffic sign under a provision other than this Part or under another 33
law. 34
22
Traffic Amendment
of how parking may be regulated 1
`Examples
`44BA.(1) This section does not limit section 44A or 44B and its object 2
is to help local governments in using this Part by specifying common 3
examples of how local governments may regulate parking. 4
`(2) Under a local law, a local government may specify for a place or a 5
traffic area-- 6
(a) the hours and days when parking is only allowed for a specified 7
maximum time; and 8
(b) the fixed hours for paid parking; and 9
(c) for specified designated parking spaces--the maximum time for 10
which a vehicle may be paid parked; and 11
(d) parking fees for paid parking; and 12
(e) a system (the "authorised system") for the payment of a 13
parking fee for paid parking including, for example, by the use of 14
a coin, token, card or credit card; and 15
(f) the denomination or number of coins to be inserted in a parking 16
meter or parkatarea in payment of a parking fee. 17
`(3) Under a local law, a local government may-- 18
(a) allow a vehicle to park contrary to an indication on an official 19
traffic sign regulating parking by time or payment of a fee, if the 20
vehicle displays-- 21
(i) a disabled person parking permit; or 22
(ii) a permit issued by the local government; and 23
(b) define the persons that may be issued with a permit; and 24
(c) specify the fee for a permit. 25
`(4) Under a local law, a local government may-- 26
(a) allow a vehicle to park in a loading zone if the vehicle displays a 27
commercial vehicle identification label issued by the local 28
government; and 29
(b) define the vehicles that may be issued with a commercial vehicle 30
identification label of the type specified by the MUTCD; and 31
23
Traffic Amendment
(c) specify the fee for a commercial vehicle identification label issued 1
by the local government. 2
`(5) Under a local law, a local government may define specified land 3
(including structures on the land) controlled by it as an off-street regulated 4
parking area and regulate the use of the area. 5
`(6) Traffic signs installed by a local government may define or 6
indicate-- 7
(a) where paid parking is authorised; or 8
(b) spaces on roads or off-street parking areas that are designated 9
parking spaces; or 10
(c) loading zones; or 11
(d) for roads or off-street parking areas--where parking is only 12
allowed for a specified maximum time.'. 13
of s 44C (Paid parking) 14
Amendment
Section 44C(1)-- 15
Clause15.(1)
omit, insert-- 16
`44C.(1) Fixed hours start for a designated parking space after a local 17
government has-- 18
(a) specified under a local law the fixed hours when only paid 19
parking is allowed in designated parking spaces in the traffic area 20
or place where the space is located; and 21
(b) installed the appropriate official traffic signs for the space.'. 22
(2) Section 44C(2)-- 23
omit `in the traffic area'. 24
(3) Section 44C(2) and (4)-- 25
omit `period', insert `time'. 26
(4) Section 44C-- 27
insert-- 28
`(5) A local government may install a parking meter or parkatarea for a 29
24
Traffic Amendment
designated parking space if it is installed in a way-- 1
(a) specified by the MUTCD; or 2
(b) approved by the chief executive.'. 3
of s 44D (Paid parking offences) 4
Amendment
Section 44D(1)-- 5
Clause16.(1)
omit `during any period'. 6
(2) Section 44D(1)(a)-- 7
omit `in relation to the period'. 8
(3) Section 44D(1)(b)-- 9
omit, insert-- 10
`(b) for a time longer than the maximum time indicated on the official 11
traffic sign installed for the space; or'. 12
(4) Section 44D(1)(d)-- 13
omit `is a commercial vehicle that'. 14
(5) Section 44D(1), at the end-- 15
insert-- 16
`Maximum penalty--40 penalty units.'. 17
(6) Section 44D(3)-- 18
omit `period', insert `time'. 19
of s 44E (Owner responsible for offence) 20
Amendment
Clause17.(1) Section 44E(2), heading-- 21
omit. 22
(2) Section 44E(2)-- 23
omit `pursuant to the regulations under the Main Roads Act 1920', 24
insert `under the Transport Infrastructure (Roads) Regulation 1991'. 25
25
Traffic Amendment
(3) Section 44E(3)-- 1
omit. 2
of s 44F (Notice of alleged offence) 3
Amendment
Section 44F(1A)(f) and (g)-- 4
Clause18.
omit, insert-- 5
`(f) state that-- 6
(i) if the owner wants the alleged offence to be dealt with by a 7
Court, the owner must-- 8
(A) complete the form provided on the notice; and 9
(B) give the completed form to the local government's 10
chief executive officer or another nominated officer; 11
and 12
(ii) if the owner does not want the alleged offence to be dealt 13
with by a Court, the owner must-- 14
(A) complete the form provided on the notice; and 15
(B) give the completed form to the chief executive officer 16
or other nominated officer; and 17
(C) pay the prescribed penalty to the chief executive officer 18
or other nominated officer; and 19
(g) state, in general terms, that the owner must comply with 20
paragraph (f) within-- 21
(i) 28 days after service of the notice; or 22
(ii) another period allowed by the local government's chief 23
executive officer or other officer nominated in the notice, 24
whether before or after the end of the 28 days;'. 25
of s 44N (Disabled persons parking) 26
Replacement
Section 44N-- 27
Clause19.
omit, insert-- 28
26
Traffic Amendment
person parking permits 1
`Disabled
`44N.(1) The chief executive may issue a permit to-- 2
(a) a disabled person; or 3
(b) an organisation for a specified vehicle, if the chief executive is 4
satisfied that the organisation transports disabled persons in the 5
vehicle. 6
`(2) The chief executive may issue the permit subject to conditions stated 7
on it.'. 8
of Pt 6B (Photographic detection devices) 9
Amendment
Clause20. Part 6B, heading-- 10
omit, insert-- 11
`PART 6B--DETECTION DEVICES 12
`Division 1--Radar speed detection devices'. 13
of s 44O (Approval of apparatus) 14
Replacement
Section 44O-- 15
Clause21.
omit, insert-- 16
of radar speed detection devices 17
`Use
`44O. When using a radar speed detection device, a police officer must 18
comply with Australian Standard 2898.2 (as in force at the time).'. 19
of new Division heading 20
Insertion
After section 44O-- 21
Clause22.
insert-- 22
`Division 2--Photographic detection devices'. 23
27
Traffic Amendment
of s 44P (Interpretation) 1
Amendment
Section 44P-- 2
Clause23.(1)
omit `Part', insert `Division'. 3
(2) Section 44P, definition "camera-detected prescribed offence"-- 4
omit `prescribed' (1st mention). 5
(3) Section 44P, definitions "owner" and "photographic detection 6
device"-- 7
omit. 8
(4) Section 44P-- 9
insert-- 10
` "photographic detection device" means a device of a type approved by 11
regulation as a photographic detection device;'. 12
of new s 44PA 13
Insertion
After section 44P-- 14
Clause24.
insert-- 15
detection devices--transitional 16
`Photographic
`44PA.(1) An apparatus approved by order in council as a photographic 17
detection device under section 44P (Interpretation) immediately before the 18
commencement of this section continues to be an approved photographic 19
detection device after the commencement. 20
`(2) This section expires at the end of the day on which it commences.'. 21
of s 44Q (Offences detected by photographic detection 22
Amendment
device) 23
Section 44Q(2)(a) 24
Clause25.(1)
omit-- 25
`prescribed'. 26
(2) Section 44Q(2)(c)-- 27
28
Traffic Amendment
omit `made under the Oaths Act 1867 to the Director-General', 1
insert `to the chief executive'. 2
(3) Section 44Q(2), at the end-- 3
insert-- 4
`Maximum penalty--40 penalty units.'. 5
(4) Section 44Q-- 6
insert-- 7
`(2A) For the purposes of subsection (2)(b), it is sufficient if the person 8
states at the hearing of the offence under subsection (1) that the person was 9
not the driver of the vehicle concerned.'. 10
(5) Section 44Q(4), at the end-- 11
insert-- 12
`Maximum penalty--40 penalty units.'. 13
(6) Section 44Q(5)-- 14
omit. 15
(7) Section 44Q(6)-- 16
omit `prescribed'. 17
of s 44R (Procedure in relation to camera-detected 18
Amendment
prescribed offences) 19
Clause26.(1) Section 44R, heading-- 20
omit `prescribed'. 21
(2) Section 44R(1)-- 22
omit, insert-- 23
`44R.(1) If the Commissioner considers a camera-detected offence has 24
happened, the Commissioner may serve a notice on-- 25
(a) the person who was the owner of the vehicle involved in the 26
offence when the offence happened; or 27
(b) a person who is nominated in a statutory declaration under section 28
29
Traffic Amendment
44Q(2) as the person who was in charge of the vehicle when the 1
offence happened. 2
`(1A) The notice must-- 3
(a) be in the form approved by the Commissioner; and 4
(b) contain the particulars prescribed by regulation; and 5
(c) state, when applicable, that the person has been nominated in a 6
statutory declaration under section 44Q(2) as the person who was 7
in charge of the vehicle when the offence happened; and 8
(d) state, in general terms, that if the person does not want the offence 9
to be dealt with by a Court, the person may-- 10
(i) if the person was not in charge of the vehicle when the 11
offence happened--give the Commissioner a statutory 12
declaration under section 44Q(2); or 13
(ii) if the person was in charge of the vehicle when the offence 14
happened--pay the prescribed penalty to the chief executive; 15
and 16
(e) state, in general terms, that if the person wants to take advantage 17
of paragraph (d) the person must do so within-- 18
(i) 28 days after service of the notice; or 19
(ii) another period allowed by the Commissioner, whether 20
before or after the end of the 28 days.'. 21
(3) Section 44R(3)-- 22
omit, insert-- 23
`(3) The Commissioner may withdraw a notice at any time.'. 24
of s 44S (Material to accompany notice and summons) 25
Replacement
Section 44S-- 26
Clause27.
omit, insert-- 27
accompanying summons 28
`Notice
`44S.(1) A summons served on an person for a camera-detected offence 29
must be accompanied by a notice informing the person that-- 30
30
Traffic Amendment
(a) (when applicable) the person has been nominated in a statutory 1
declaration under section 44Q(2)(c) as the person who was in 2
charge of the vehicle involved in a offence when the offence 3
happened; and 4
(b) in general terms, the person may avoid having the offence dealt 5
with by a Court if-- 6
(i) the person was not the person in charge of the vehicle 7
involved in the offence when the offence happened; and 8
(ii) the person gives the Commissioner a statutory declaration 9
under section 44Q(2)(c); and 10
(c) in general terms, if the person wants to give the Commissioner a 11
statutory declaration under section 44Q(2)(c), the person must do 12
so within-- 13
(i) 28 days after service of the statement; or 14
(ii) another period allowed by the Commissioner, whether 15
before or after the end of the 28 days; and 16
(d) if the person wants to examine a copy of the photographic 17
evidence on which the offence is based, the person must make a 18
request to the Commissioner at least 14 days before the charge is 19
heard; and 20
(e) if a request is made under paragraph (d), the Commissioner will 21
make the copy available for examination at least 7 days before the 22
charge is heard; and 23
(f) if the person intends to challenge the photographic evidence at a 24
hearing, the person must give the Commissioner written notice of 25
the intention at least 3 days before the day fixed for the hearing. 26
`(2) A statement in a deposition made for section 56(3)(b) of the Justices 27
Act 1886 that the notice was served as required by subsection (1) is 28
evidence of that fact. 29
`(3) Section 56(5) of the Justices Act 1886 applies to the deposition.'. 30
31
Traffic Amendment
of s 44T (Payment of penalty) 1
Amendment
Clause28. Section 44T(1)-- 2
omit `Director-General', insert `Commissioner'. 3
of s 44U (Evidentiary provisions) 4
Replacement
Section 44U-- 5
Clause29.
omit, insert-- 6
evidence--inspection and challenges 7
`Photographic
`44U.(1) This section applies to a person who has been charged with a 8
camera-detected offence and wants to examine a copy of the photographic 9
evidence on which the offence is based. 10
`(2) The person must ask the Commissioner, at least 14 days before the 11
charge is heard, to make a copy of the photographic evidence available for 12
examination. 13
`(3) The Commissioner must make reasonable arrangements to allow the 14
examination at least 7 days before the charge is heard. 15
`(4) If the person intends to challenge the photographic evidence at a 16
hearing, the person must give the Commissioner written notice of the 17
intention at least 3 days before the day fixed for the hearing.'. 18
of new s 44W 19
Insertion
After section 44V-- 20
Clause30.
insert-- 21
provisions 22
`Evidentiary
`44W.(1) This section applies to a proceeding for a camera-detected 23
offence. 24
`(2) A photograph produced by the prosecution purporting to be certified 25
by the Commissioner stating that the photograph was properly taken by a 26
photographic detection device at a specified location and time is evidence of 27
the following matters-- 28
(a) the photograph was taken at the specified location and time; 29
32
Traffic Amendment
(b) the accuracy of the photograph; 1
(c) the things depicted in the photograph; 2
(d) any requirements prescribed by a regulation about the operation 3
and testing of a photographic detection device were complied with 4
for the specified device at all material times. 5
`(3) If a photograph produced under subsection (2) is 1 in a series of 6
photographs also produced under subsection (2)-- 7
(a) the photograph may be numbered; and 8
(b) the time it was taken may be identified by reference to another 9
photograph in the series. 10
`(4) Evidence of the condition of the photographic detection device is not 11
required unless evidence that the device was not in proper condition has 12
been given.'. 13
of s 45A (Traffic offences in respect of which offender 14
Amendment
may elect to pay penalty) 15
Section 45A(2)-- 16
Clause31.
omit `within the meaning of section 44A'. 17
of s 49 (Facilitation of proof) 18
Amendment
Clause32.(1) Section 49(1)(a)-- 19
omit all words from `Director-General' to `district superintendent or of', 20
insert `chief executive, the Commissioner,'. 21
(2) Section 49(1)(b)-- 22
omit all words from `Director-General' to `or of the', 23
insert `chief executive, the Commissioner, a superintendent or the'. 24
(3) Section 49(1)(c)-- 25
omit all words from `Director-General' to `district superintendent or', 26
insert `chief executive, the Commissioner,'. 27
(4) Section 49(1)(g)-- 28
33
Traffic Amendment
omit `by the Commissioner, or by a district superintendent, or by', 1
insert `by the chief executive, the Commissioner or'. 2
(5) Section 49(1)(k)-- 3
omit all words from `under the hand' to `clerk, or of', 4
insert `signed by the chief executive, the Commissioner, a 5
superintendent, chief executive officer of a local government or'. 6
(6) Section 49(1)(l)-- 7
omit all words from `under the hand' to `by the Director-General,', 8
insert `signed by the chief executive or the chief executive's delegate'. 9
(7) Section 49(1)(l)-- 10
omit `and the appointment of the Director-General or the authority of the 11
person giving such certificate to give same', 12
insert `and the appointment of the chief executive or the authority of the 13
delegate giving the certificate to give it.', 14
(8) Section 49(1)(m)-- 15
omit. 16
(9) Section 49(1)(n)(i) and (ii)-- 17
omit, insert-- 18
`(i) purporting to be issued under the Transport Infrastructure 19
(Roads) Act 1991 or a corresponding law; or 20
(ii) purporting to be signed by the chief executive or a person 21
who registers motor vehicles under a corresponding law;'. 22
(10) Section 49(1)(o)-- 23
omit all words from `under the hand of' to `Commissioner, a district 24
superintendent', 25
insert `signed by the chief executive, the Commissioner or a 26
superintendent stating that the records of the chief executive, 27
Commissioner'. 28
(11) Section 49(1)(p)-- 29
omit from `under the hand' to `superintendent, or of', 30
34
Traffic Amendment
insert `signed by the chief executive, the Commissioner or'. 1
(12) Section 49(1)(pa) to (pc)-- 2
omit, insert-- 3
`(pa)a certificate purporting to be signed by the Commissioner stating 4
a specified radar speed detection device has been-- 5
(i) tested in accordance with Australian Standard 2898.1 (as in 6
force at a specified time); and 7
(ii) found to produce accurate results at the specified time; 8
is evidence the device was producing accurate results at the time 9
of testing and for 1 year after the time; 10
(pb) a certificate purporting to be signed by a police officer stating a 11
specified radar speed detection device was used by the officer-- 12
(i) at a specified time; and 13
(ii) in accordance with Australian Standard 2898.2 (as in force at 14
the time); 15
is evidence of the matters specified; 16
(pc) a certificate purporting to be signed by the Commissioner stating 17
a specified vehicle speedometer accuracy indicator (commonly 18
known as a chassis dynamometer) has been-- 19
(i) tested; and 20
(ii) found to produce accurate results at the specified time; 21
is evidence the indicator was producing accurate results at the 22
time of testing and for 60 days after the time;'. 23
(13) Section 49(1)(r)(vi)-- 24
omit `direction or'. 25
(14) Section 49(1)-- 26
insert-- 27
`(v) evidence of the condition of a parking meter or parkatarea is not 28
required unless evidence that the parking meter or parkatarea was 29
not in proper condition has been given.'. 30
35
Traffic Amendment
(15) Section 49-- 1
insert-- 2
`(4) A defendant who intends to challenge-- 3
(a) the accuracy of a radar speed detection device or vehicle 4
speedometer accuracy indicator; or 5
(b) the time at, or way in, which the radar speed detection device was 6
used; 7
at the hearing and determination of a charge against the defendant under this 8
Act must give written notice of the challenge to the prosecution. 9
`(5) The notice must be-- 10
(a) signed by the defendant; and 11
(b) given at least 3 days before the day fixed for the hearing.'. 12
of s 54 (Power of courts to disqualify convicted persons 13
Omission
from holding or obtaining licences) 14
Section 54-- 15
Clause33.
omit. 16
of ss 67 and 68 17
Replacement
Sections 67 and 68-- 18
Clause34.
omit, insert-- 19
from liability 20
`Protection
`67.(1) In this section-- 21
"local government official" means a local government's chief executive 22
officer or an officer or employee of the local government; 23
"official" means-- 24
(a) the Minister; or 25
(b) the chief executive; or 26
(c) the Commissioner; or 27
36
Traffic Amendment
(d) a police officer. 1
`(2) An official or local government official is not civilly liable for an act 2
or omission done honestly and without negligence under this Act. 3
`(3) If subsection (2) prevents civil liability attaching to an official, the 4
liability attaches to the State instead. 5
`(4) If subsection (2) prevents civil liability attaching to a local 6
government official, the liability attaches to the local government instead. 7
`Act does not apply to police officer in course of duty 8
`68. Provisions of this Act about offences (other than sections 16 and 9
16A) do not apply to a police officer while exercising a power, or 10
performing a function, under this or another Act.'. 11
of Schedule (Subject matters for regulations) 12
Amendment
Clause35.(1) Schedule, clause 3(1)(c) and (d)-- 13
omit, insert-- 14
`(c) roadside vendors.'. 15
(2) Schedule, clause 3(2)-- 16
omit `Director-General', insert `chief executive'. 17
(3) Schedule, clause 3(2)-- 18
omit `State Transport Facilities Act 1946' (1st mention), 19
insert `State Transport Act 1960'. 20
(4) Schedule, clause 3(2)-- 21
omit all words from `nor' to `for that purpose'. 22
(5) Schedule, clause 6(4), (5) and (6), headings-- 23
omit. 24
(6) Schedule, clause 8(1)(a), (b) and (c) to (l), headings-- 25
omit. 26
(7) Schedule, clause 8(1)(ba)-- 27
37
Traffic Amendment
omit `State Transport Facilities Act 1946', 1
insert `State Transport Act 1960'. 2
(8) Schedule, clause 8(1)(c)-- 3
omit. 4
(9) Schedule, clause 8(1)(d)-- 5
omit all words from `approved' to `1946' (2nd mention), 6
insert `licensed under the State Transport Act 1960'. 7
(10) Schedule, clauses 8A(2) and 9(3)-- 8
omit. 9
(11) Schedule, clause 9(1)-- 10
omit, insert-- 11
`9.(1) Regulating and licensing roadside vending. 12
`(1A) Regulating the placement, stacking, storing, loading or unloading 13
of goods of any description in, on or from roads.'. 14
(12) Schedule, clause 11A(2)-- 15
omit. 16
(13) Schedule, clause 13(5)(d)-- 17
omit, insert-- 18
`(d) requiring production of certificates of road worthiness-- 19
(i) before the registration of motor vehicles that must be 20
registered under the Transport Infrastructure (Roads) Act 21
1991; or 22
(ii) on the renewal and transfer of registration of motor vehicles 23
that must be registered under the Transport Infrastructure 24
(Roads) Act 1991; or 25
(iii) when required by a superintendent;'. 26
(14) Schedule, clause 13(5), heading-- 27
omit. 28
(15) Schedule, clause 14(6)-- 29
38
Traffic Amendment
omit, insert-- 1
`(6) Regulating the type of brakes to be used by tramcars or vehicles 2
used on tramways.'. 3
(16) Schedule, clause 16-- 4
omit, insert-- 5
`Permits for vehicles 6
`16. Regulating the issuing by the Commissioner or a superintendent of a 7
permit to allow the use of a vehicle for a purpose for which the vehicle is 8
not constructed, fitted or equipped as prescribed, including the conditions of 9
the permit.'. 10
(17) Schedule, clause 17(2)-- 11
omit. 12
(18) Schedule, clause 19(a)-- 13
omit `Part 6A of the State Transport Facilities Act 1946', 14
insert `the State Transport Act 1960'. 15
(19) Schedule, clause 21-- 16
omit, insert-- 17
`Stopping places 18
`21.(1) Providing and regulating stopping places for trams being used on 19
a road or vehicles licensed or approved under the State Transport Act 1960 20
or another Act. 21
`(2) The persons authorised to appoint the stopping places and the way 22
the places are appointed.'. 23
(20) Schedule, clause 23-- 24
omit. 25
(21) Schedule, clause 24(1)-- 26
omit, insert-- 27
`24.(1) Providing for and regulating the appointment by the 28
Commissioner or the chief executive of persons other than police officers as 29
authorised officers.'. 30
39
Traffic Amendment
(22) Schedule, clause 25-- 1
omit, insert-- 2
`Exemptions 3
`25.(1) Exempting persons, vehicles, or animals from a regulation. 4
`(2) Providing for the issue by the Commissioner or chief executive of a 5
certificate of exemption, and defining the effect of the certificate.'. 6
(23) Schedule, clause 26-- 7
omit, insert-- 8
`Powers of Commissioner and chief executive 9
`26. Providing for, regulating, and controlling the determination, 10
application, prohibition, or regulation of or dispensing with any matter or 11
thing by the Commissioner or the chief executive.'. 12
(24) Schedule, clause 28(3)-- 13
omit, insert-- 14
`(3) Prescribing indications for official traffic signs, including 15
requirements imposed on persons about particular indications.'. 16
(25) Schedule, clause 31-- 17
omit `declarations under Oaths Act 1867', insert `statutory declarations'. 18
(26) Schedule, clause 32-- 19
omit `Director-General', insert `chief executive'. 20
(27) Schedule, clause 33-- 21
omit. 22
(28) Schedule, clause 36-- 23
omit, insert-- 24
`Penalties 25
`36. Penalties of not more than 20 penalty units.'. 26
40
Traffic Amendment
PART 3--SETONS AMENDMENT OF TRAFFIC 1
ACT 1949 2
amended 3
Act
This Part amends the Traffic Act 1949. 4
Clause36.
of s 9 (Definitions) 5
Amendment
Clause37.(1) Section 9, definition "owner", paragraph (d)-- 6
omit. 7
(2) Section 9, definition "regulated parking"-- 8
omit. 9
of s 16B (Notices to offenders for certain first offences) 10
Amendment
Clause38.(1) Section 16B, heading-- 11
omit `Notices', insert `Infringement notices'. 12
(2) Section 16B(1) to (4)-- 13
omit, insert-- 14
`16B.(1) In this section-- 15
"enforcement order notice" means an enforcement order notice under Part 16
4A of the Justices Act 1886; 17
"infringement notice" means an infringement notice under Part 4A of the 18
Justices Act 1886; 19
"notified amount" means an amount notified in an infringement notice or 20
reminder notice as the amount payable if the person served with the 21
notice does not wish to have the offence alleged in the notice dealt with 22
by the Court; 23
"reminder notice" means an reminder notice under Part 4A of the Justices 24
Act 1886. 25
`(2) A police officer may serve an infringement notice on a person if the 26
police officer believes on reasonable grounds that-- 27
41
Traffic Amendment
(a) a person has committed an offence against section 16(2) to (2D); 1
and 2
(b) the concentration of alcohol in the person's blood is less than 3
150 mg of alcohol per 100 mL of blood; and 4
(c) the person has not, within 5 years before the alleged offence, been 5
convicted of an offence against section 16 or 16A(11). 6
`(3) The offence is an infringement notice offence under Part 4A of the 7
Justices Act 1886. 8
`(4) The infringement notice and a reminder notice for the alleged offence 9
must include a statement to the effect that, if the person pays the notified 10
amount, the person-- 11
(a) if the alleged offence involves a motor vehicle-- 12
(i) will be disqualified from holding or obtaining a driver's 13
licence for the period prescribed by regulation starting from 14
the later of-- 15
(A) the end of 28 days after the day the notice is served on 16
the person; or 17
(B) if the person makes an application under 18
subsection (7)--the time the court decides the 19
application; and 20
(ii) must surrender to a superintendent every driver's licence 21
held by the person on the day after the day when the 22
disqualification takes effect; and 23
(b) the person will be taken for the purposes of a subsequent offence 24
against section 16 or 16A(11) to have been convicted of the 25
alleged offence on the day the amount is received by the entity to 26
whom it is payable under the notice. 27
`(4A) If the notified amount is paid within the time specified in the 28
infringement notice or the reminder notice-- 29
(a) if the alleged offence is an offence involving a motor vehicle--the 30
person is disqualified from holding or obtaining a driver's licence 31
for the prescribed period starting from the later of-- 32
(i) the end of 28 days after the day the notice is served on the 33
42
Traffic Amendment
person; or 1
(ii) if the person makes an application under subsection (7)--the 2
time the court decides the application; and 3
(b) the person is taken, for the purposes of a subsequent offence 4
against section 16 or 16A(11), to have been convicted of the 5
alleged offence on the day the amount is received by the entity to 6
whom it is payable. 7
`(4B) If more than 1 infringement notice or reminder notice has been 8
served on the person for the alleged offence, the period of disqualification 9
under subsection (4A) is calculated as if the latest notice served on the 10
person before the notified amount was paid were the only notice served on 11
the person. 12
`(4C) An enforcement order notice served on the person for the alleged 13
offence must include a statement to the effect that-- 14
(a) if the alleged offence is an offence involving a motor vehicle--the 15
person is disqualified from holding or obtaining a driver's licence 16
for the prescribed period starting from the later of-- 17
(i) the end of 28 days after the day the notice is served on the 18
person; or 19
(ii) if the person makes an application under subsection (7)--the 20
time the Court decides the application; and 21
(b) the person will be taken, for the purposes of a subsequent offence 22
against section 16 or 16A(11), to have been convicted of the 23
alleged offence on the day the amount is received by the entity to 24
whom it is payable under the notice. 25
`(4D) If the person is served with an enforcement order notice under 26
subsection (4C) including the statement mentioned in subsection (4)-- 27
(a) if the alleged offence is an offence involving a motor vehicle--the 28
person is disqualified from holding or obtaining a driver's licence 29
for the prescribed period starting from the later of-- 30
(i) the end of 28 days after the day the notice is served on the 31
person; or 32
(ii) if the person makes an application under subsection (7)--the 33
time the Court decides the application; and 34
43
Traffic Amendment
(b) the person will be taken, for the purposes of a subsequent offence 1
against section 16 or 16A(11), to have been convicted of the 2
alleged offence on the day the amount is received by the entity to 3
whom it is payable under the notice.'. 4
(3) Section 16B(12) to (18)-- 5
omit. 6
of s 44D (Paid parking offences) 7
Amendment
Section 44D(3)(b)-- 8
Clause39.
omit, insert-- 9
`(b) an infringement notice under Part 4A of the Justices Act 1886 is 10
placed on or attached to the vehicle; and'. 11
mission of ss 44E44H 12
O
Sections 44E to 44H-- 13
Clause40.
omit. 14
of s 44I (Offences) 15
Omission
Section 44I-- 16
Clause41.
omit. 17
of s 44P (Interpretation) 18
Amendment
Section 44P, definitions "camera-detected offence" and 19
Clause42.(1)
"prescribed offence"-- 20
omit. 21
(2) Section 44P-- 22
insert-- 23
` "camera-detected offence" means an offence of a type prescribed by 24
regulation the court proceedings for which are started by a summons 25
44
Traffic Amendment
specifying that the offence was detected by a photographic detection 1
device;'. 2
mission of ss 44Q44T 3
O
Sections 44Q to 44T-- 4
Clause43.
omit. 5
of s 44V (Effect of action under Part 4A of Justices Act) 6
Replacement
Section 44V-- 7
Clause44.
omit, insert-- 8
evidence--notices to accompany summons 9
`Photographic
`44V.(1) A summons served on a person for a camera-detected offence 10
must be accompanied by a notice informing the person that-- 11
(a) if the person wants to examine a copy of the photographic 12
evidence on which the offence is based, the person must ask to 13
the Commissioner at least 14 days before the charge is heard; and 14
(b) if a request is made under paragraph (a), the Commissioner will 15
make the copy available for examination at least 7 days before the 16
charge is heard; and 17
(c) if the person intends to challenge the photographic evidence at a 18
hearing, the person must give the Commissioner written notice of 19
the intention at least 3 days before the day fixed for the hearing. 20
`(2) A statement in a deposition made for section 56(3)(b) of the Justices 21
Act 1886 that the notice was served as required by subsection (1) is 22
evidence of that fact. 23
`(3) Section 56(5) of the Justices Act 1886 applies to the deposition.'. 24
of s 45A (Traffic offences in respect of which offender may 25
Omission
elect to pay penalty) 26
Section 45A-- 27
Clause45.
omit. 28
45
Traffic Amendment
ART 4--REPEAL OF TRAFFIC ACT AMENDMENT 1
P
ACT 1974 2
of Act 3
Repeal
The Traffic Act Amendment Act 1974 is repealed. 4
Clause46.
ART 5--AMENDMENT OF TRANSPORT 5
P
INFRASTRUCTURE (ROADS) ACT 1991 6
amended 7
Act
This Part amends the Transport Infrastructure (Roads) Act 1991. 8
Clause47.
of new s 9.21A 9
Insertion
Clause48. After section 9.21-- 10
insert-- 11
improvement fee 12
`Traffic
`9.21A A person registering a motor vehicle must pay the traffic 13
improvement fee prescribed by regulation.'. 14
15
46
Traffic Amendment
CHEDULE 1
¡S
TATUTE REVISION AMENDMENTS 2
S
section 3 3
1. Section 12C(1) and (3)-- 4
omit `Director-General', insert `chief executive'. 5
2. Section 12D-- 6
omit `the Director-General', insert `the chief executive'. 7
3. Section 12D(2)-- 8
omit `said Director-General', insert `chief executive'. 9
4. Section 12DA(1)-- 10
omit `Director-General', insert `chief executive'. 11
5. Section 12DA(1A)-- 12
omit `section 12B', insert `sections 12B and 12BA'. 13
6. Section 12DA, at the end-- 14
insert-- 15
`Maximum penalty for subsection (2)--40 penalty units or 6 months 16
imprisonment.'. 17
7. Section 12E(1)(a), (3) and (4)(a)-- 18
omit `the Director-General', insert `the chief executive'. 19
47
Traffic Amendment
SCHEDULE (continued)
8. Section 12E(4)(a)-- 1
omit `said Director-General', insert `chief executive'. 2
9. Section 12E(1), at the end-- 3
insert-- 4
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 5
10. Section 12G-- 6
omit `Director-General', insert `chief executive'. 7
11. Section 12G(1), at the end-- 8
insert-- 9
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 10
12. Section 12G(3)-- 11
omit. 12
13. Section 12H(1)-- 13
omit `Director-General', insert `chief executive'. 14
14. Section 15(1), at the end-- 15
insert-- 16
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 17
15. Section 15(2), at the end-- 18
insert-- 19
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 20
48
Traffic Amendment
SCHEDULE (continued)
16. Section 15(3)-- 1
omit. 2
17. Section 15(4) to (6)-- 3
renumber as section 15(3) to (5) respectively. 4
18. Section 16(7), at the end-- 5
insert-- 6
`Maximum penalty for subsection (7)--40 penalty units or 9 months 7
imprisonment.'. 8
19. Section 16C-- 9
omit `Director-General', insert `chief executive'. 10
20. Section 17, at the end-- 11
insert-- 12
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 13
21. Section 18, at the end-- 14
insert-- 15
`Maximum penalty for subsection (2)--40 penalty units or 6 months 16
imprisonment.'. 17
22. Section 19(1), at the end-- 18
insert-- 19
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 20
49
Traffic Amendment
SCHEDULE (continued)
23. Section 19(5), at the end-- 1
insert-- 2
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 3
24. Section 20(5A)-- 4
omit `Director-General', insert `chief executive'. 5
25. Section 20(7A)-- 6
omit. 7
26. Section 23, heading-- 8
omit `Director-General', insert `Chief executive'. 9
27. Section 23-- 10
omit `Director-General', insert `chief executive'. 11
28. Section 30(1)-- 12
omit all words from `Part 6A' to `other Act,', 13
insert `the State Transport Act 1960'. 14
29. Section 30(1), at the end-- 15
insert-- 16
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 17
30. Section 30(2), at the end-- 18
insert-- 19
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 20
50
Traffic Amendment
SCHEDULE (continued)
31. Section 30(3)-- 1
omit all words from `or of any regulation' to `under any other Act'. 2
32. Section 30(3)-- 3
omit `, regulation, ordinance, or by-law'. 4
33. Section 31(1)(i)-- 5
omit `order in council', insert `regulation'. 6
34. Section 31(1), at the end-- 7
insert-- 8
`Maximum penalty-- 9
(a) if death or injury is caused to any person--20 penalty units or 10
imprisonment for 1 year; or 11
(b) otherwise--10 penalty units or 6 months imprisonment.'. 12
35. Section 31(3)-- 13
omit. 14
36. Section 31(5), at the end-- 15
insert-- 16
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 17
37. Section 31(8)-- 18
omit `under section 54', 19
insert `under section 187 of the Penalties and Sentences Act 1992'. 20
51
Traffic Amendment
SCHEDULE (continued)
38. Section 33, at the end-- 1
insert-- 2
`Maximum penalty for subsection (2)--40 penalty units or 6 months 3
imprisonment.'. 4
39. Section 34(1)-- 5
omit `Director-General', insert `chief executive'. 6
40. Section 34(3)-- 7
omit, insert-- 8
`(3) The State, the Minister, the Commissioner, a police officer, the chief 9
executive or someone else authorised by the chief executive is not civilly or 10
criminally liable for supplying information under a scheme.'. 11
41. Section 36, at the end-- 12
insert-- 13
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 14
42. Section 37(1)-- 15
omit all words from `a district' to `Director-General', 16
insert `the chief executive'. 17
43. Section 37(1A)-- 18
omit `a district superintendent', insert `the chief executive'. 19
44. Section 37(1C)-- 20
omit `district superintendent', insert `the chief executive'. 21
52
Traffic Amendment
SCHEDULE (continued)
45. Section 37(2) and (4)-- 1
omit `Director-General', insert `chief executive'. 2
46. Section 37(3), at the end-- 3
insert-- 4
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 5
47. Section 37(5)-- 6
omit. 7
48. Section 37(1A) to (4)-- 8
renumber as section 37(2) to (7) respectively. 9
49. Section 39(2), at the end-- 10
insert-- 11
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 12
50. Section 39(3)-- 13
omit, insert-- 14
`(3) Despite subsection (2)(b), a person required by a police officer to 15
produce the person's licence does not commit an offence if the person-- 16
(a) holds an open licence issued under section 14; and 17
(b) produces the licence to the officer in charge of a police station 18
reasonably specified by the officer within 48 hours after the 19
requirement is made.'. 20
53
Traffic Amendment
SCHEDULE (continued)
51. Section 41(4), at the end-- 1
insert-- 2
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 3
52. Section 44G(2), heading-- 4
omit. 5
53. Section 44I(1) and (2), at the end-- 6
insert-- 7
`Maximum penalty--40 penalty units.'. 8
54. Section 44J(2) and (3)-- 9
omit `order in council', insert `regulation'. 10
55. Section 44L-- 11
omit. 12
56. Section 45, heading-- 13
omit, insert-- 14
`Summary proceedings'. 15
57. Section 45(1) to (2A)-- 16
omit. 17
58. Section 45(3), heading-- 18
omit. 19
54
Traffic Amendment
SCHEDULE (continued)
59. Section 45(3)-- 1
omit all words from `on complaint'. 2
60. Section 45(3) to (5)-- 3
renumber as section 45(1) to (3) respectively. 4
61. Section 48(1)-- 5
omit `district superintendent or'. 6
62. Section 52(1)-- 7
omit `the Commissioner, a district superintendent or', 8
insert `the chief executive, the Commissioner or a'. 9
63. Section 52, at the end-- 10
insert-- 11
`Maximum penalty for subsection (2)--40 penalty units or 6 months 12
imprisonment.'. 13
64. Section 53(1)(a)-- 14
omit all words from `Director-General' to `superintendent, or', 15
insert `chief executive, the Commissioner or a'. 16
65. Section 53(1)(f)-- 17
omit `Director-General', insert `chief executive'. 18
55
Traffic Amendment
SCHEDULE (continued)
66. Section 53(1), at the end-- 1
insert-- 2
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 3
67. Section 55(4), heading-- 4
omit. 5
68. Section 55(6), heading-- 6
omit. 7
69. Section 55(8), at the end-- 8
insert-- 9
`Maximum penalty-- 10
(a) for a driver's licence--20 penalty units or 18 months 11
imprisonment; or 12
(b) for another licence--40 penalty units.'. 13
70. Section 55(9)-- 14
omit. 15
71. Section 55(10) and (11)-- 16
omit `subsection (9)', insert `subsection (8)'. 17
72. Section 56(2), at the end-- 18
insert-- 19
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 20
56
Traffic Amendment
SCHEDULE (continued)
73. Section 56(3), heading-- 1
omit. 2
74. Section 56, at the end-- 3
insert-- 4
`Maximum penalty for subsection (7)--40 penalty units or 6 months 5
imprisonment.'. 6
75. Section 57(2), (3), (4) and (5), headings-- 7
omit. 8
76. Section 58(3), at the end-- 9
insert-- 10
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 11
77. Section 59(b)(i)-- 12
omit all words from `such motor' to `1920', 13
insert `the vehicle under the Transport Infrastructure (Roads) Act 1991'. 14
78. Section 59, at the end-- 15
insert-- 16
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 17
79. Section 60(1)-- 18
omit all words from `offence and liable' to `and imprisonment:', 19
insert `offence.'. 20
57
Traffic Amendment
SCHEDULE (continued)
80. Section 60(1), at the end-- 1
insert-- 2
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 3
81. Section 60(2), (2A) and (2B)-- 4
omit. 5
82. Section 61(3), heading-- 6
omit. 7
83. Section 61(1), at the end-- 8
insert-- 9
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 10
84. Section 61(2), at the end-- 11
insert-- 12
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 13
85. Section 61(3B), at the end-- 14
insert-- 15
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 16
86. Section 62-- 17
omit, insert-- 18
`Court may order penalty be paid to aggrieved person 19
`62. The Court may direct that a fine or penalty, or part of a fine or 20
58
Traffic Amendment
SCHEDULE (continued)
penalty, recovered for a offence under section 30(1)(a) be paid to a person 1
aggrieved by the commission of the offence.'. 2
87. Section 63(1) and (3)-- 3
omit `Director-General', insert `chief executive'. 4
88. Section 65-- 5
omit, insert-- 6
`Service if address unknown etc. 7
`65.(1) If a determination, notice, order, direction, or document (the 8
"notice") is required or authorised to be given to a person whose place of 9
business or address is unknown to the Commissioner or chief executive, 10
the notice may be, and is taken to be, given by publishing it twice in a 11
newspaper with an interval of at least 1 week between the dates of 12
publication. 13
`(2) A declaration purporting to be made by the Commissioner or chief 14
executive that the place of business or address of a person is unknown is 15
evidence of the matter. 16
`(3) The publication of a determination, notice, order, direction, or 17
document may be proved by the production of a copy of the Gazette or 18
newspaper containing it. 19
`(4) This section does not limit section 64.'. 20
89. Section 66-- 21
omit, insert-- 22
`Instruments not affected by error 23
`66. An omission, misnomer or inaccurate description in a 24
determination, notice, order or direction (the "instrument") made or given 25
by the Commissioner, the chief executive or a superintendent does not 26
affect the instrument if the instrument's true intent can be understood.'. 27
59
Traffic Amendment
SCHEDULE (continued)
90. Section 69-- 1
omit all words from `and the Supreme' to `1928 shall'. 2
91. Section 70(1)-- 3
omit, insert-- 4
`70.(1) The Governor in Council may make regulations under this Act.'. 5
92. Section 70(2), heading-- 6
omit. 7
93. Section 70(3) to (10) 8
omit. 9
94. Section 71-- 10
omit. 11
12
© State of Queensland 1994
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