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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Further Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Demerit points 3
5. Disclosure of information 6
6. Regulation-making power 7
7. New section 95C inserted 7
95C. Extension of operation of Regulations 7
8. Disallowance of regulations, notices and orders 8
9. Minor amendment 8
10. Transitional provisions 8
11. Amendment of Transport Accident Act 1986 8
12. New section 132A inserted in Transport Accident Act 1986 9
132A. Transitional provisions 9
13. Amendment of Road Safety (Amendment) Act 1998 9
NOTES 10
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532112B.A1-21/10/98
PARLIAMENT OF VICTORIA
Initiated in Council 6 October 1998
As amended by Council 20 October 1998
A BILL
to amend the Road Safety Act 1986, the Road Safety (Amendment)
Act 1998 and the Transport Accident Act 1986 and for other
purposes.
Road Safety (Further Amendment) Act
1998
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Road Safety Act 1986 with
respect to--
5 (i) the operation of the demerit points
system;
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3
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(ii) the circumstances in which the Roads
Corporation may disclose information
gained by it;
(iii) the period of operation of certain
5 Regulations;
(b) to make miscellaneous other amendments to
that Act and an amendment to the Transport
Accident Act 1986 consequential on an
amendment made previously to the Road
10 Safety Act 1986.
2. Commencement
(1) Sections 1, 3, 7, 13 and this section come into
operation on the day on which this Act receives
the Royal Assent.
15 (2) Section 5(2) comes into operation on the day on
which section 22 of the Road Safety
(Amendment) Act 1998 comes into operation.
(3) Section 6 comes into operation on the day on
which section 19(2) of the Road Safety
20 (Amendment) Act 1998 comes into operation.
(4) Section 9 comes into operation on the day on
which section 3 of the Road Safety (Driving
Instructors) Act 1998 comes into operation.
(5) Subject to sub-section (6), the remaining
25 provisions of this Act come into operation on a
day or days to be proclaimed.
(6) If a provision referred to in sub-section (5) does
not come into operation before 1 June 1999, it
comes into operation on that day.
30 3. Principal Act
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Road Safety (Further Amendment) Act 1998
Act No.
In this Act, the Road Safety Act 1986 is called No. 127/1986.
the Principal Act. Reprint No. 4
as at 19 June
1997. Further
amended by
Nos 5/1990
(as amended
by No.
19/1991),
19/1991,
89/1991,
37/1996,
30/1997,
44/1997 (as
amended by
No. 43/1998),
108/1997 and
46/1998.
4. Demerit points
(1) In section 25(3B) of the Principal Act--
5 (a) for "after the date of the notice under sub-
section (3)" substitute "commencing on the
date determined by the Corporation and
specified in the notice served under sub-
section (3) as the commencement date of the
10 12 month period";
(b) in paragraph (a) omit the expression
beginning "by notice" and ending "on the
person,";
(c) in paragraphs (a) and (b) for "as at the date
15 of the notice under sub-section (3)"
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substitute "as at the date of issue of the
notice under sub-section (3)";
(d) at the end of paragraph (b) insert--
"; and
5 (c) serve on the person a notice containing
the prescribed particulars.".
(2) In section 25(3C) of the Principal Act--
(a) for "after the date of the notice under sub-
section (3)" substitute "commencing on the
10 date determined by the Corporation and
specified in the notice served under sub-
section (3) as the commencement date of the
12 month period";
(b) for "as at the date of the notice under sub-
15 section (3)" substitute "as at the date of
issue of the notice under sub-section (3)".
(3) In section 25(3D) of the Principal Act--
(a) in paragraph (a), omit the expression
beginning "by notice" and ending "on the
20 person,";
(b) for "date of the notice under sub-section (3)"
(wherever occurring) substitute "date of
issue of the notice under sub-section (3)";
(4) In section 25(4) of the Principal Act, for "day
25 specified in the notice served under sub-section
(3B)(a) or (3D)(a)" substitute "date determined
by the Corporation and specified in the notice
served under sub-section (3) or (3B)(c)".
(5) In section 25 of the Principal Act, after sub-
30 section (4) insert--
"(4A) A notice under sub-section (3) or (3B)(c)
sent by post addressed to the holder of the
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licence or permit at his or her current address
as shown in any record maintained under this
Act must be taken to have been served on
that person 14 days after the date of issue of
5 the notice unless at any time after that period
of 14 days the Corporation is satisfied that
the notice has not been served on that
person.
(4B) The service of a notice under sub-section (3)
10 or (3B)(c) is not a condition precedent to a
suspension under this section taking effect
but if at any time after the period of 14 days
after the date of issue of the notice the
Corporation is satisfied that the holder of the
15 licence or permit has not been served with
the notice, it must cancel the suspension with
effect from the date on which it took effect,
determine another effective date and specify
that date in another notice served under sub-
20 section (3) or (3B)(c), as the case requires.
(4C) If a driver licence or permit suspended under
this section is cancelled or suspended by the
Corporation under another provision of this
Act or by a court or by operation of this Act,
25 the period from that cancellation or other
suspension taking effect until a new licence
or permit is issued or the other suspension is
completed (as the case requires) does not
count in calculating the period of suspension
30 under this section and the suspension under
this section is stayed during that period.
(4D) If the Corporation is required by this section
to suspend a driver licence or permit that has
been cancelled or suspended by the
35 Corporation under another provision of this
Act or by a court or by operation of this Act,
the date determined by the Corporation
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under sub-section (4) must not be earlier
than the date on which a new licence or
permit is issued or the other suspension is
completed, as the case requires.".
5 (6) In section 26(2) of the Principal Act, for
paragraph (a) substitute--
"(a) That the appellant was not the person against
whom the Corporation was required by this
Act and the regulations to record certain
10 demerit points;".
(7) In section 26(3) of the Principal Act, for "pending
the decision of the appeal" substitute--
"until--
(a) the date on which the appeal is determined;
15 or
(b) if the appeal is discontinued, the date on
which notice in writing of discontinuance is
given in accordance with the regulations to
both the Magistrates' Court and the
20 Corporation.".
(8) In section 89B(3) of the Principal Act, after
paragraph (b) insert--
"(ba) any demerit points recorded as a result of the
conviction are cancelled; and".
25 5. Disclosure of information
(1) In section 92(3) of the Principal Act--
(a) after paragraph (h) insert--
"(ha) for the purposes of the project known
as NEVDIS which establishes a
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national exchange of vehicle and driver
information system; or";
(b) after paragraph (i) insert--
"(ia) to the manufacturer or supplier of a
5 motor vehicle or trailer of the name and
address of the registered operator of the
vehicle or trailer in connection with a
recall procedure being conducted by the
manufacturer or supplier for the
10 rectification of a possible safety-related
defect in the vehicle or trailer; or".
(2) In section 97A(1) of the Principal Act, after
"drivers" insert "or a recall procedure being
conducted by the manufacturer or supplier of a
15 vehicle".
6. Regulation-making power
In section 95(3B) of the Principal Act, after
paragraph (c) insert--
"(ca) to exempt a vehicle or a group of vehicles, or
20 the driver or registered operator of a vehicle
or a group of vehicles, from a requirement of
the regulations relating to mass and
dimension limits; or".
7. New section 95C inserted
25 After section 95B of the Principal Act insert--
"95C. Extension of operation of Regulations
(1) Unless sooner revoked, the Road Safety
(Procedures) Regulations 19881, the Road
Safety (Traffic) Regulations 19882 and the
Road Safety (Vehicles) Regulations 19883
30
are revoked on 1 March 2000.
(2) Section 5 of the Subordinate Legislation
Act 1994 does not apply to the Road Safety
(Procedures) Regulations 1988, the Road
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Safety (Traffic) Regulations 1988 or the
Road Safety (Vehicles) Regulations 1988.".
8. Disallowance of regulations, notices and orders
In section 96 of the Principal Act, for sub-sections
5 (3) and (4) substitute--
"(3) Section 15 and Part 5 of the Subordinate
Legislation Act 1994 apply to an instrument
to which this section applies as if the
instrument were a statutory rule within the
10 meaning of that Act, notice of the making of
which had been published in the Government
Gazette on the day on which the instrument
was so published.".
9. Minor amendment
15 In section 33(3) of the Principal Act, for "gross
vehicle mass" substitute "GVM".
10. Transitional provisions
At the end of section 103 of the Principal Act
insert--
20 "(13) The amendments of section 25 made by
section 4 of the Road Safety (Further
Amendment) Act 1998 apply only with
respect to notices issued under that section,
and suspensions of driver licences or learner
25 permits that take effect under that section,
after the commencement of section 4 of that
Act.
(14) The amendments of section 26 made by
section 4 of the Road Safety (Further
30 Amendment) Act 1998 apply only with
respect to appeals made after the
commencement of section 4 of that Act.".
11. Amendment of Transport Accident Act 1986
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Road Safety (Further Amendment) Act 1998
s. 12
Act No.
In section 39(4)(e) of the Transport Accident No. 111/1986.
Act 1986, for "56(7)" substitute "56(2) or (7)". Reprint No. 5
as at 19 May
1998. Further
amended by
Nos 78/1997
and 15/1998.
12. New section 132A inserted in Transport Accident Act
1986
5 In Part 9 of the Transport Accident Act 1986,
after section 132 insert--
"132A. Transitional provisions
The amendment made to section 39(4)(e) of
this Act by section 11 of the Road Safety
10 (Further Amendment) Act 1998 only
applies to and in relation to a transport
accident occurring on or after the day on
which that section of that Act comes into
operation.".
15 13. Amendment of Road Safety (Amendment) Act 1998
(1) In section 2(3) of the Road Safety (Amendment)
Act 1998, for "1 February 1999" substitute
"1 March 2000".
(2) In section 11(1) of the Road Safety
20 (Amendment) Act 1998, in paragraph (a)(ii) of
proposed new sub-section (3) to be substituted for
sub-section (3) of section 7 of the Road Safety
Act 1986, for "office" substitute "offence".
25
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Notes
Act No.
NOTES
1
S. 7: S.R. No. 28/1988.
2
S. 7: S.R. No. 30/1988.
3
S. 7: S.R. No. 29/1988.
By Authority. Government Printer for the State of Victoria.
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Road Safety (Further Amendment) Act 1998
Act No.
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