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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Miscellaneous) Amendment
Bill 2007
A BILL FOR
An Act to amend the Motor Vehicles Act 1959.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Motor Vehicles
Act 1959
4 Amendment of section
5—Interpretation
5 Amendment of section 81A—Provisional
licences
6 Amendment of section 81B—Consequences of holder of learner's
permit, provisional licence or probationary licence contravening conditions
etc
7 Insertion of section 81BA
81BA Consequences of holder
of unconditional licence incurring demerit points in respect of offences
committed while holder of provisional licence
8 Amendment of section
81C—Disqualification for certain drink driving offences
9 Amendment of
section 81D—Disqualification for certain drug driving
offences
10 Substitution of section 83
83 Consequences of
certain orders or administrative actions outside State
11 Amendment of
section 97A—Visiting motorists
12 Amendment of section
98BD—Notices to be sent by Registrar
13 Amendment of section
98BE—Disqualification and discounting of demerit points
14 Amendment of
section 136—Duty to notify change of name, address etc
15 Insertion of
section 139BD
139BD Service and commencement of notices of
disqualification
16 Amendment of section 139C—Service of other
notices and documents
17 Amendment of section 141—Evidence by
certificate etc
Part 3—Transitional
provision
18 Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Miscellaneous) Amendment
Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part
2—Amendment of Motor Vehicles
Act 1959
4—Amendment of
section 5—Interpretation
(1) Section 5(1), definition of foreign licence—delete
the definition and substitute:
foreign licence means a licence to drive a motor vehicle
issued under the law of another country;
(2) Section 5(1)—after the definition of interstate
provisional licence insert:
learner's permit means a learner's permit issued under this
Act;
(3) Section 5(1), definition of licence—delete the
definition and substitute:
licence means a driver's licence issued under this
Act;
5—Amendment of
section 81A—Provisional licences
(1) Section 81A(a1), definition of serious disqualification
offence, (a)—delete "incurs" and substitute:
attracts
(2) Section 81A(a1), definition of serious disqualification
offence, (b)—delete "incurs" and substitute:
attracts
(3) Section 81A(a1), definition of serious disqualification
offence, (b)—delete "incurred" and substitute:
attracted
(4) Section 81A(3b)—delete subsection (3b) and substitute:
(3b) Subject to this Act, the conditions imposed under subsection (3a) on
a P2 licence issued to a person are effective for the prescribed
period.
(3ba) However—
(a) subject to paragraph (b), if the person would be under the age of
19 years when the prescribed period elapses, the conditions are effective
until he or she turns 19;
(b) if the person incurs any demerit points in respect of offences
committed or allegedly committed while under the age of 19 years and the
person would be under the age of 20 years when the prescribed period
elapses, the conditions are effective until the person turns 20.
6—Amendment of
section 81B—Consequences of holder of learner's permit, provisional
licence or probationary licence contravening conditions etc
(1) Section 81B(2)—delete "give notice" and substitute:
give the person written notice
(2) Section 81B(2)(c) and (d)—delete paragraphs (c) and (d) and
substitute:
(c) that, commencing on the day on which the notice takes effect in
accordance with section 139BD, the person is disqualified from holding or
obtaining a permit or licence for a period of 6 months; and
(d) that, if the person holds any permit or licence when the notice takes
effect, the permit or licence is cancelled.
(3) Section 81B(3)—delete "subsequent notice" and
substitute:
subsequent written notice given to the person
(4) Section 81B(3b)—delete subsection (3b)
(5) Section 81B(11a)—delete "give notice" and substitute:
give the person written notice
(6) Section 81B(11a)(d) and (e)—delete paragraphs (d) and (e) and
substitute:
(d) that, commencing on the day on which the notice takes effect in
accordance with section 139BD, the person is disqualified from holding or
obtaining a permit or licence for a period of 1 months; and
(e) that, if the person holds any licence when the notice takes effect,
the licence is cancelled.
After section 81B insert:
81BA—Consequences of holder of unconditional
licence incurring demerit points in respect of offences committed while holder
of provisional licence
(1) If a P2 licence held by a person is renewed as an unconditional
licence and the person subsequently incurs any demerit points in respect of
offences committed or allegedly committed while the person was under the age of
19 years and held a provisional licence, the Registrar must, on becoming
aware of that fact, give the person written notice—
(a) requiring the person to surrender the person's licence to the
Registrar within the period specified in the notice; and
(b) informing the person that if the licence is
surrendered—
(i) the person will be entitled to a refund of a proportion of the licence
fee paid for the licence; and
(ii) the person will, if not disqualified or otherwise prevented by law
from holding or obtaining a licence, be entitled to be issued a P2 licence;
and
(c) informing the person that if the person does not comply with the
notice, the Registrar may suspend the licence until it is surrendered to the
Registrar.
(2) A notice under subsection (1) may be sent by post, addressed to
the person to whom it is required to be given, at his or her last known postal
address.
(3) Subject to this Act, if a person to whom notice is given under this
section surrenders the person's licence, the Registrar must, on application by
the person and payment of the prescribed fee, issue a P2 licence to the
person.
(4) The conditions applying to a P2 licence issued to a person under this
section following the surrender of an unconditional licence are effective for a
period equal to the period for which such conditions would have continued to be
effective under section 81A if any demerit points incurred in respect of
offences committed or allegedly committed while the person was under the age of
19 years had been incurred while the person held a provisional
licence.
(5) If a person fails to comply with a notice given to the person under
this section, the Registrar may suspend the person's licence until the licence
is surrendered to the Registrar.
8—Amendment of
section 81C—Disqualification for certain drink driving
offences
(1) Section 81C(2)(a)—delete "commencing on a day specified in the
notice" and substitute:
commencing on the day on which the notice takes effect in accordance with
section 139BD
(2) Section 81C(2)(b)—delete "at the commencement of the period of
disqualification" and substitute:
when the notice takes effect
9—Amendment of
section 81D—Disqualification for certain drug driving
offences
(1) Section 81D(2)(a)—delete "commencing on a day specified in the
notice" and substitute:
commencing on the day on which the notice takes effect in accordance with
section 139BD
(2) Section 81D(2)(b)—delete "at the commencement of the period of
disqualification" and substitute:
when the notice takes effect
Section 83—delete the section and substitute:
83—Consequences of certain orders or administrative
actions outside State
(1) If—
(a) the Registrar becomes aware that, under a law of another State or
Territory of the Commonwealth, an order has been made or administrative action
has been taken that affects a person's licence or other authority to drive a
motor vehicle in that State or Territory; and
(b) the person holds a licence or learner's permit,
the Registrar must take such action in relation to the licence or permit as
may be necessary to give effect to the order or administrative action as if it
had been made or taken in this State in relation to the licence or
permit.
(2) If the Registrar becomes aware that, under a law of another State or
Territory of the Commonwealth, an order has been made or administrative action
has been taken that results in a person being disqualified from holding or
obtaining a licence or other authority to drive a motor vehicle in that State or
Territory, the Registrar must refuse to issue a licence or learner's permit to
the person during the period of disqualification.
(3) If—
(a) the Registrar becomes aware that, under a law of another country, an
order has been made or administrative action has been taken that affects a
person's licence or other authority to drive a motor vehicle in that country;
and
(b) the person holds a licence or learner's permit,
the Registrar may take such action in relation to the licence or permit as
may be necessary to give effect to the order or administrative action as if it
had been made or taken in this State in relation to the licence or
permit.
(4) If the Registrar becomes aware that, under a law of another country,
an order has been made or administrative action has been taken that results in a
person being disqualified from holding or obtaining a licence or other authority
to drive a motor vehicle in that country, the Registrar may refuse to issue a
licence or learner's permit to the person during the period of
disqualification.
11—Amendment of
section 97A—Visiting motorists
(1) Section 97A(1)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) in the case of a person who holds a foreign licence and is a
permanent resident or citizen of Australia—the person has not resided in
this State for a continuous period of more than 3 months; and
(2) Section 97A(6)—after the definition of interstate
licence insert:
permanent resident means a person who holds a current
permanent visa under the Migration Act 1958 of the
Commonwealth.
12—Amendment of
section 98BD—Notices to be sent by Registrar
(1) Section 98BD(1)—delete "notify a person" and
substitute:
give a person written notice
(2) Section 98BD(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) If a person is liable to be disqualified under section 98BC, the
Registrar must, subject to this section, give the person written
notice—
(a) that, commencing on the day on which the notice takes effect in
accordance with section 139BD, the person is disqualified from holding or
obtaining a licence for the prescribed period referred to in section 98BC;
and
(b) that, if the person holds any licence when the notice takes effect,
the licence is suspended for that prescribed period.
13—Amendment of
section 98BE—Disqualification and discounting of demerit
points
(1) Section 98BE(1) to (2)—delete subsections (1) to (2) inclusive
and substitute:
(1) A notice of disqualification under section 98BD(2) does not take
effect if the person to whom the notice is given makes an election under
subsection (2).
(2) If a person who holds a licence is given a notice of disqualification
under section 98BD(2), the person may, by notice given to the Registrar in
accordance with the regulations—
(a) within 21 days of the day specified in the notice of disqualification;
or
(b) with the permission of the Registrar, within 28 days of the day
specified in the notice of disqualification,
elect, in lieu of suffering disqualification, to accept a condition on the
licence requiring the person to be of good behaviour for a period of
12 months commencing on the day on which the notice of disqualification
would have taken effect in accordance with section 139BD.
(2a) If a person incurs 2 or more demerit points in relation to 1 or more
offences committed by the person while the holder of a licence subject to the
condition referred to in subsection (2), the Registrar must give the person
written notice—
(a) that, commencing on the day on which the notice takes effect in
accordance with section 139BD, the person is disqualified from holding or
obtaining a licence for a period that is twice the period for which the
disqualification would have applied under section 98BC if the person's
licence had not been subject to that condition; and
(b) that, if the person holds any licence when the notice takes effect,
the licence is suspended during the period of disqualification.
(2) Section 98BE(3)—after "conviction" insert:
for an offence
14—Amendment of
section 136—Duty to notify change of name, address
etc
(1) Section 136—after subsection (2c) insert:
(2d) If a person changes his or her postal address, the person must,
within 14 days of the change, give notice to the Registrar in a prescribed
manner of his or her new postal address.
Maximum penalty: $1 250.
(2) Section 136(3)—after "business" insert:
, postal address
After section 139BC insert:
139BD—Service and commencement of notices of
disqualification
(1) A notice of disqualification authorised or required to be given under
this Act must be given in accordance with this section.
(2) A notice of disqualification must in the first instance be sent by
post, addressed to the person to whom it is required to be given, at his or her
last known postal address.
(3) The Registrar must, in the notice—
(a) require the person—
(i) to attend at a specified location within a specified period to
personally acknowledge receipt of the notice in accordance with the notice;
and
(ii) to pay to the Registrar, in accordance with the notice, the
administration fee prescribed by the regulations; and
(b) inform the person that if he or she fails to comply with the
requirements of the notice—
(i) another notice of disqualification will be issued and served on the
person personally; and
(ii) the person will be liable to pay a service fee of the amount
prescribed by the regulations; and
(c) inform the person that if another notice of disqualification is issued
and an attempt to serve the notice personally is unsuccessful, the Registrar may
refuse to enter into any transaction with the person until the person pays the
service fee and personally acknowledges receipt of the notice in accordance with
the notice.
(4) If a person to whom a notice of disqualification is posted fails to
comply with a requirement made under subsection (3) within the period
specified in the notice—
(a) the notice is to be taken for the purposes of this Act not to have
been given to the person; and
(b) the Registrar must issue another notice of disqualification and cause
it to be served on the person personally.
(5) If an attempt to effect personal service of a notice of
disqualification is unsuccessful, the Registrar may refuse to enter into any
transaction with the person to whom the notice is required to be given
until—
(a) the person pays the service fee prescribed by the regulations;
and
(b) the person personally acknowledges receipt of the notice in accordance
with the notice.
(6) For the purposes of this Act, a notice of disqualification is to be
taken to have been given to a person—
(a) in the case of a notice receipt of which is personally acknowledged by
the person as required by the notice—on the day on which receipt of the
notice is so acknowledged; or
(b) in the case of a notice that is served on the person
personally—on the day on which the notice is so served.
(7) A notice of disqualification must specify when the notice will take
effect in accordance with this section.
(8) Subject to subsection (9), a notice of disqualification takes
effect as follows:
(a) in the case of a notice receipt of which is personally acknowledged by
a person as required by the notice—28 days after the day specified in
the notice;
(b) in the case of a notice that is served on a person
personally—28 days after the day on which the notice is so
served.
(9) If, at the time that a notice of disqualification is due to take
effect, the person is already disqualified from holding or obtaining a licence
or permit, the notice of disqualification will instead take effect on the
termination of that prior disqualification.
(10) If the Registrar considers that there are proper reasons for doing
so, the Registrar may, at any time before a notice of disqualification takes
effect, reissue the notice.
(11) In this section—
notice of disqualification means a notice under
section 81B(2), 81B(11a), 81C(2), 81D(2), 98BD(2) or 98BE(2a).
16—Amendment of
section 139C—Service of other notices and documents
(1) Section 139C(1)—delete "a document or notice" and
substitute:
a notice or other document
(2) Section 139C(1)(b)—delete paragraph (b) and
substitute:
(b) be sent by post addressed to that person at his or her last known
postal address.
(3) Section 139C(2)—delete "a document or notice" and
substitute:
a notice or other document
17—Amendment of
section 141—Evidence by certificate etc
Section 141(i)—after "change of" second occurring insert:
postal address or
An amendment to the Motor Vehicles Act 1959 made by a provision
of Part 2 does not apply in relation to an offence committed or allegedly
committed before the commencement of that provision.