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PARLIAMENT OF VICTORIA
Road Safety (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 2
PART 2--ROAD SAFETY ACT AMENDMENTS 3
4. Certain definitions repealed 3
5. Certain definitions substituted 4
6. New definitions inserted 7
7. New section 3A inserted 9
3A. Application of Commonwealth Acts Interpretation Act
1901 9
8. Divisions inserted in Part 2 9
Division 1--Corporation as registration authority 10
5AA. Functions of Corporation 10
5AB. Powers of Corporation 10
Division 2--Registration". 12
9. Consequential amendments 12
10. New section 6A inserted 12
6A. Corporation not to register vehicles based outside
Victoria 12
11. Unregistered motor vehicle or trailer 12
12. Names in which motor vehicle or trailer may be registered 13
13. New sections 9A and 9B inserted 13
9A. Obligations of registered operator 13
9B. Register does not provide evidence of title 14
14. Demerits Register 14
15. New section 63A inserted 14
63A. Removal of vehicles obstructing driveways etc. 14
16. Drink-driving infringements 15
17. Excessive speed infringements 16
18. Regulation-making power 17
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Clause Page
19. New sections 95A and 95B inserted 17
95A. Application of A.C.T. charges 17
95B. Exemption of certain statutory rules from RIS 19
20. New section 96A inserted 19
96A. Application orders and emergency orders 19
21. Review of decisions 20
22. Transitional 20
23. Statute law revision 20
PART 3--AMENDMENT OF OTHER ACTS 22
24. Cancellation or suspension of driver licence 22
25. Transitional 24
120. Transitional provisions (1998 amendments) 24
26. Consequential amendments--"registered owner" 24
27. Amendment of Transport Accident Act 1986 25
28. Repeal 26
NOTES 27
ii
532059B.I1-9/4/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Road Safety Act 1986 and the Sentencing Act 1991
and for other purposes.
Road Safety (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Road Safety Act 1986 to
5 implement changes as part of a scheme to
create uniform national road transport
requirements; and
(b) to make other miscellaneous amendments.
1
532059B.I1-9/4/98
Road Safety (Amendment) Act 1998
s. 2
Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 1999, it
comes into operation on that day.
10 3. Principal Act
No. 127/1986. In this Act, the Road Safety Act 1986 is called
Reprint No. 4
the Principal Act.
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 and
108/1997.
_______________
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Road Safety (Amendment) Act 1998
s. 4
Act No.
PART 2--ROAD SAFETY ACT AMENDMENTS
4. Certain definitions repealed
(1) In section 3(1) of the Principal Act--
(a) omit the definitions of "articulated truck"
5 and "heavy trailer combination";
(b) for paragraph (b) of the definition of "large
vehicle" substitute--
"(b) a motor vehicle (other than a bus) that
is being used as a single unit and has a
10 GVM greater than 15 tonnes; or
(c) a motor vehicle (other than a bus) that
is being used in combination with one
or more trailers and has a GCM greater
than 15 tonnes ".
15 (2) In the Principal Act--
(a) in section 3(1), omit the definition of
"permit";
(b) section 23 is repealed;
(c) in section 23A, for "driver licence, a learner
20 permit or a tractor permit" substitute "driver
licence or a learner permit".
(3) In the Principal Act--
(a) in section 3(1), omit the definition of "pre-
registration certificate";
25 (b) section 15 is repealed;
(c) in Schedule 2, in item 9--
(i) omit "a pre-registration certificate or";
(ii) for "those certificates" substitute "that
certificate".
30 (4) In the Principal Act--
3
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s. 5
Act No.
(a) in section 3(1), omit the definition of
"recreation vehicle";
(b) in section 1, omit paragraph (c);
(c) in section 3(2)--
5 (i) at the end of paragraph (d) omit
"; and";
(ii) omit paragraph (e);
(d) Part 4 is repealed;
(e) in section 88(1), omit " or, if the vehicle
10 involved is a recreation vehicle, an officer
who is authorised in writing by the mayor of
any municipal council in that behalf,".
5. Certain definitions substituted
(1) In section 3(1) of the Principal Act, for the
15 definition of "axle" substitute--
' "axle" means one or more shafts positioned in a
line across a vehicle, on which one or more
wheels intended to support the vehicle turn;'.
(2) In the Principal Act--
20 (a) in section 3(1), for the definition of "gross
vehicle mass" substitute--
' "GVM" (gross vehicle mass) of a vehicle
means the maximum loaded mass of the
vehicle--
25 (a) as specified by the vehicle's
manufacturer; or
(b) as specified by the Corporation
if--
(i) the manufacturer has not
30 specified a maximum loaded
mass; or
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s. 5
Act No.
(ii) the manufacturer cannot be
identified; or
(iii) the vehicle has been
modified to the extent that
5 the manufacturer's
specification is no longer
appropriate;';
(b) in section 3(1), in the definition of "truck",
for "gross vehicle mass" substitute "GVM";
10 (c) in section 84(2)(e), for "gross vehicle mass"
substitute "GVM";
(d) in section 103(2)(b), for "gross vehicle
mass" substitute "GVM".
(3) In section 3(1) of the Principal Act, for the
15 definition of "highway" substitute--
' "highway" means road or road related area;'.
(4) In section 3(1) of the Principal Act, for the
definition of "motor vehicle" substitute--
' "motor vehicle" means a vehicle that is used or
20 intended to be used on a highway or in a
public place and that is built to be propelled
by a motor that forms part of the vehicle but
does not include--
(a) a vehicle intended to be used on a
25 railway or tramway; or
(b) a motorised wheel-chair capable of a
speed of not more than 7 kilometres per
hour which is used solely for the
conveyance of an injured or disabled
30 person; or
(c) a vehicle that is not a motor vehicle by
virtue of a declaration under sub-
section (2)(b);'.
5
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s. 5
Act No.
(5) In the Principal Act--
(a) in section 3(1), for the definition of
"registered owner" substitute--
' "registered operator" of a vehicle means
5 the person recorded on the register as
the person responsible for the vehicle;';
(b) in section 7(2)(b), for "registered owner"
substitute "registered operator";
(c) in section 9(3), for "registered owner"
10 substitute "registered operator";
(d) in section 13(3), for "registered owner"
substitute "registered operator";
(e) in section 35(2)(b), for "registered owner"
substitute "registered operator";
15 (f) in section 37(3), for "registered owner"
substitute "registered operator";
(g) in section 40(3), for "registered owner"
substitute "registered operator";
(h) in section 66(5)(a), for "owner" substitute
20 "person";
(i) in section 85, in paragraph (a) of the
definition of "owner", for "owner"
substitute "person";
(j) in item 13 of Schedule 2, after "ownership"
25 insert ", person responsible".
(6) In section 3(1) of the Principal Act, for the
definition of "rigid" substitute--
' "rigid" means not articulated, other than in
respect of an articulated bus;'.
30 (7) In section 3(1) of the Principal Act, for the
definition of "trailer" substitute--
6
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Road Safety (Amendment) Act 1998
s. 6
Act No.
' "trailer" means a vehicle that is built to be
towed, or is towed, by a motor vehicle, but
does not include a motor vehicle that is being
towed;'.
5 (8) In section 3(1) of the Principal Act, for the
definition of "truck" substitute--
' "truck" means a rigid motor vehicle that is
principally constructed as a load carrying
vehicle;'.
10 6. New definitions inserted
In section 3(1) of the Principal Act insert the
following definitions--
' "Contracting State" means a foreign country
that is a signatory to the United Nations
15 Convention on Road Traffic, Geneva, 1949;
"garage address" of a vehicle means--
(a) in relation to a heavy vehicle, the
principal depot or base of operations of
the vehicle;
20 (b) in relation to any other vehicle, the
place nominated by the applicant for
registration as the place where the
vehicle is normally kept;
"GCM" (gross combination mass) of a motor
25 vehicle means the greatest possible sum of
the maximum loaded mass of the motor
vehicle and of any vehicles that may
lawfully be towed by it at one time--
(a) as specified by the motor vehicle's
30 manufacturer; or
(b) as specified by the Corporation if--
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s. 6
Act No.
(i) the manufacturer has not specified
the sum of the maximum loaded
mass; or
(ii) the manufacturer cannot be
5 identified; or
(iii) the vehicle has been modified to
the extent that the manufacturer's
specification is no longer
appropriate;
10 "heavy vehicle" means a motor vehicle or trailer
that has a GVM greater than 4·5 tonnes;
"international driving permit" means a permit
issued by--
(a) a competent authority of a Contracting
15 State or a subdivision of such a State;
or
(b) an association duly empowered by such
an authority--
in accordance with the United Nations
20 Convention on Road Traffic, Geneva, 1949;
"road" means an area that is open to or used by
the public and is developed for, or has as one
of its main uses, the driving or riding of
motor vehicles;
25 "road related area" means--
(a) an area that divides a road; or
(b) a footpath or nature strip adjacent to a
road; or
(c) an area that is open to the public and is
30 designated for use by cyclists or
animals; or
(d) an area that is not a road and that is
open to or used by the public for
8
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Road Safety (Amendment) Act 1998
s. 7
8
Act No.
driving, riding or parking motor
vehicles; or
(e) any other area that is open to or used by
the public and that has been declared
5 under section 98 to be an area to which
specified regulations apply;
"the register" means the register of vehicles
maintained in accordance with the
regulations;
10 "use" of a vehicle includes standing the vehicle
on a road or road related area.'.
7. New section 3A inserted
After section 3 of the Principal Act insert--
'3A. Application of Commonwealth Acts
15 Interpretation Act 1901
(1) The Acts Interpretation Act 1901 of the
Commonwealth applies to the interpretation
of this Act, except that, in relation to
Victoria--
20 (a) "Gazette" refers to the Victorian
Government Gazette; and
(b) "Minister" refers to the responsible
Minister of Victoria.
(2) This section does not prevent the
25 Interpretation of Legislation Act 1984
from applying to this Act to the extent that it
can do so consistently with the application of
the Acts Interpretation Act 1901 of the
Commonwealth.'.
30 8. Divisions inserted in Part 2
9
532059B.I1-9/4/98
Road Safety (Amendment) Act 1998
Act No.
In Part 2 of the Principal Act, before section 5
insert--
"Division 1--Corporation as registration
authority
5 5AA. Functions of Corporation
The functions of the Corporation under this
Part are--
(a) to administer the registration system
established by the regulations; and
10 (b) to maintain a register of motor vehicles
and trailers in accordance with the
regulations; and
(c) to collect registration and permit fees
determined in accordance with this Act;
15 and
(d) to provide information about motor
vehicles, trailers and registered
operators in accordance with this Act.
5AB. Powers of Corporation
20 (1) For the purpose of carrying out its functions
under this Part, the Corporation may, in
accordance with the regulations--
(a) register or refuse to register a motor
vehicle or a trailer; and
25 (b) renew or refuse to renew the
registration of a motor vehicle or a
trailer; and
(c) transfer or refuse to transfer the
registration of a motor vehicle or a
30 trailer from one person to another; and
10
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Road Safety (Amendment) Act 1998
s. 8
Act No.
(d) permit or refuse to permit the use of an
unregistered motor vehicle or trailer;
and
(e) impose conditions on the registration of
5 a motor vehicle or a trailer or on a
permit to use an unregistered motor
vehicle or trailer; and
(f) cancel or suspend the registration of a
motor vehicle or a trailer; and
10 (g) collect registration and permit fees
determined in accordance with this Act;
and
(h) specify a GCM for a motor vehicle in
the circumstances envisaged in
15 paragraph (b) of the definition of GCM
in section 3(1); and
(i) specify a GVM for a motor vehicle or
trailer in the circumstances envisaged
in paragraph (b) of the definition of
20 GVM in section 3(1); and
(j) require proof of compliance with the
Transport Accident Act 1986 and the
Stamps Act 1958; and
(k) fix fees for services provided by the
25 Corporation in connection with the
registration, or the late renewal of
registration, of motor vehicles or
trailers and the issue of number plates,
permits, tester's licences and certificates
30 of roadworthiness; and
(l) exercise other powers conferred by the
regulations.
(2) The Corporation must cause details of fees
fixed under sub-section (1)(k) to be
35 published in the Government Gazette.
11
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Road Safety (Amendment) Act 1998
s. 9
Act No.
Division 2--Registration".
9. Consequential amendments
The Principal Act is amended as follows--
(a) in section 9, sub-sections (2) and (3) are
5 repealed;
(b) section 11 is repealed;
10. New section 6A inserted
After section 6 of the Principal Act insert--
"6A. Corporation not to register vehicles based
10 outside Victoria
The Corporation must not register a vehicle
unless it is satisfied that the vehicle's garage
address is in Victoria.".
11. Unregistered motor vehicle or trailer
15 (1) In section 7 of the Principal Act, for sub-section
(3) substitute--
"(3) A person who contravenes sub-section (1) or
(2) is guilty of an offence and liable to a
penalty not exceeding--
20 (a) in the case of an individual--
(i) 25 penalty units for a first offence;
(ii) 50 penalty units for a second or
subsequent office;
(b) in the case of a body corporate--
25 (i) 125 penalty units for a first
offence;
(ii) 250 penalty units for a second or
subsequent offence.".
(2) In section 7 of the Principal Act, sub-sections (4),
30 (6) and (8) are repealed.
12
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Road Safety (Amendment) Act 1998
s. 12
Act No.
12. Names in which motor vehicle or trailer may be
registered
(1) Section 8 of the Principal Act is repealed.
(2) In Schedule 2 to the Principal Act, after item 3
5 insert--
"3A. Names in which motor vehicles or trailers
must not be registered.".
13. New sections 9A and 9B inserted
After section 9 of the Principal Act insert--
10 "9A. Obligations of registered operator
(1) This Act and the regulations do not affect the
obligations of a registered operator to
comply with the Transport Accident Act
1986 and the Stamps Act 1958.
15 (2) The registered operator of a vehicle must, in
accordance with the regulations--
(a) ensure that any devices, plates and
documents issued by the Corporation
are installed or displayed on the
20 vehicle; and
(b) ensure that documents prescribed by
the regulations are carried in the
vehicle when the vehicle is in use; and
(c) when required to do so by the
25 Corporation, produce documents
prescribed by the regulations; and
(d) comply with any directions given by,
and conditions imposed by, the
Corporation about the registration of
30 the vehicle; and
13
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Road Safety (Amendment) Act 1998
s. 14
Act No.
(e) keep records required to be kept by the
regulations about the registration of the
vehicle.
9B. Register does not provide evidence of title
5 The register of vehicles maintained by the
Corporation does not provide evidence of
title to any motor vehicle or trailer.".
14. Demerits Register
In section 25(3B), (3C) and (3D) of the Principal
10 Act, for "date of the notice under sub-section (3)"
(wherever occurring) substitute "day on which
his or her driver licence or learner permit would
otherwise have been suspended".
15. New section 63A inserted
15 After section 63 of the Principal Act insert--
"63A. Removal of vehicles obstructing driveways
etc.
(1) A member of the police force may move or
cause to be moved a vehicle which is parked
20 or left standing in front of a--
(a) right-of-way; or
(b) passage; or
(c) private drive--
or so close to a right-of-way, passage or
25 private drive as to obstruct access to, or
egress from, it by vehicles or pedestrians.
(2) A member of the police force may move or
cause to be moved a vehicle which--
(a) is parked or left standing contrary to the
30 regulations; and
(b) in the opinion of the member of the
police force, is--
14
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Road Safety (Amendment) Act 1998
s. 16
Act No.
(i) a danger to other road users; or
(ii) causing or likely to cause traffic
congestion.
(3) A member of the police force acting in
5 accordance with sub-section (1) or (2)
may--
(a) enter a vehicle using, if necessary,
reasonable force, for the purpose of
conveniently or expeditiously moving
10 it; and
(b) move the vehicle to the nearest
convenient place.
(4) The Chief Commissioner of Police may
recover from the owner of a vehicle moved
15 under sub-section (3) any reasonable costs
incurred in moving it.".
16. Drink-driving infringements
(1) In section 89C of the Principal Act, after sub-
section (3) insert--
20 "(3A) If a person to whom a traffic infringement
notice has been issued in respect of a drink-
driving infringement--
(a) is exempted under the regulations from
the requirements of section 18(1)(a)
25 because he or she holds an appropriate
licence or permit issued in another
State, Territory or country, or has an
appropriate International Driving
Permit; and
30 (b) does not give notice of objection to the
infringement notice and the 28 day
period has expired--
the person is disqualified from driving a
motor vehicle on a road in Victoria for the
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Road Safety (Amendment) Act 1998
s. 17
Act No.
period for which he or she would have been
disqualified, suspended or suspended and
disqualified under this section had the person
held a licence or permit under this Act.".
5 (2) In section 89C(4) of the Principal Act, after "(3)"
insert "or disqualification under sub-section
(3A)".
(3) In section 89C(8) of the Principal Act, after
"person" insert ", other than a person referred to
10 in sub-section (3A),".
17. Excessive speed infringements
In section 89D of the Principal Act, after sub-
section (1) insert--
"(1A) If a person to whom a traffic infringement
15 notice has been issued in respect of an
excessive speed infringement--
(a) is exempted under the regulations from
the requirements of section 18(1)(a)
because he or she holds an appropriate
20 licence or permit issued in another
State, Territory or country, or has an
appropriate International Driving
Permit; and
(b) does not give notice of objection to the
25 infringement notice and the 28 day
period has expired--
the person is disqualified from driving a
motor vehicle on a road in Victoria for the
period for which he or she would have been
30 suspended and disqualified under this section
had the person held a licence or permit under
this Act.".
(2) In section 89D(7) of the Principal Act, after
"person" insert ", other than a person referred to
35 in sub-section (1A),".
16
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Road Safety (Amendment) Act 1998
s. 18
19
Act No.
18. Regulation-making power
(1) In section 95(3) of the Principal Act--
(a) after paragraph (c) insert--
"(ca) so as to provide for the recognition by
5 the Corporation of things done or
omitted to be done under a law of the
Commonwealth or another State or a
Territory under which authority is
given to drive motor vehicles on roads
10 or road related areas; and";
(b) for paragraph (f) substitute--
"(f) so as to impose a penalty not exceeding
20 penalty units for individuals or 100
penalty units for bodies corporate for a
15 contravention of the regulations.".
(2) In section 95 of the Principal Act, for sub-section
(3A) substitute--
"(3A) The regulations may provide that this Act
does not, or specified provisions of this Act
20 do not, apply to a vehicle, or vehicles of a
kind, identified in the regulations.
(3B) The regulations may allow the Corporation
to exempt a vehicle from the requirement to
be registered subject to compliance with
25 conditions specified in the regulations.".
19. New sections 95A and 95B inserted
After section 95 of the Principal Act insert--
'95A. Application of A.C.T. charges
(1) In this section, "the Commonwealth Act"
30 means the Road Transport Charges
17
532059B.I1-9/4/98
Road Safety (Amendment) Act 1998
Act No.
(Australian Capital Territory) Act 1993 of
the Commonwealth.
(2) Regulations under section 95 may not
prescribe as a fee payable in respect of--
5 (a) registration or renewal of registration of
a vehicle of a kind referred to in Part 2
(except Division 3) of the Schedule to
the Commonwealth Act; or
(b) registration or renewal of registration of
10 a vehicle of a kind referred to in
Division 3 of Part 2 of the Schedule to
the Commonwealth Act; or
(c) the grant of a permit to operate a
vehicle, or a combination of vehicles,
15 referred to in section 2(b) of the
Commonwealth Act--
an amount other than an amount equal to the
amount payable as a charge under the
Commonwealth Act, or regulations under
20 that Act, in respect of the registration in the
Australian Capital Territory for the
corresponding period of a vehicle or prime
mover of that kind or the grant of a permit to
operate in the Australian Capital Territory
25 for the corresponding period a vehicle or a
combination of vehicles of that kind, as the
case requires.
(3) If regulations for the time being in force
under section 95 prescribe, or purport to
30 prescribe, an amount as a fee in
contravention of sub-section (2), the
regulations have effect as if the prescribed
fee were the fee authorised to be prescribed
by sub-section (2).
35 (4) This section does not affect--
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Road Safety (Amendment) Act 1998
s. 19
20
Act No.
(a) any power conferred by or under this
Act to--
(i) charge pro-rata amounts for
registrations that are for less than
5 a whole year; or
(ii) charge fees in respect of the
inspection of vehicles for the
purpose of registration; or
(iii) charge other administrative fees in
10 respect of matters relating to
vehicles; or
(b) any power conferred by section
95(4)(f).
95B. Exemption of certain statutory rules from
15 RIS
Section 7 of the Subordinate Legislation
Act 1994 does not apply to--
(a) a statutory rule that includes a
provision revoking the Road Safety
20 (Traffic) Regulations 1988; or
(b) any statutory rule amending, revoking
or re-making (with or without
modification) the first-mentioned
statutory rule in paragraph (a); or
25 (c) any statutory rule amending or
revoking the re-made statutory rule.'.
20. New section 96A inserted
After section 96 of the Principal Act insert--
"96A. Application orders and emergency orders
30 (1) The Minister may declare, by notice
published in the Government Gazette, that
19
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Road Safety (Amendment) Act 1998
s. 23
Act No.
the operation of the regulations, or of
specified parts of the regulations--
(a) is suspended for a specified period; or
(b) is varied in a manner specified by the
5 Minister.
(2) A declaration must be consistent with the
provisions relating to application orders and
emergency orders in the agreements
scheduled to the National Road Transport
10 Commission Act 1991 of the
Commonwealth.
(3) A declaration may have effect in relation to
the whole of Victoria or to a specified area.
(4) If an emergency order is terminated in
15 accordance with an agreement scheduled to
the National Road Transport Commission
Act 1991 of the Commonwealth, the
Minister must publish notice of the
termination in the Government Gazette.".
20 21. Review of decisions
In Schedule 2 to the Principal Act, in item 60,
after "appeal" insert "or review".
22. Transitional
In section 103 of the Principal Act, after sub-
25 section 11 insert--
"(12) A person who, immediately before the
commencement of section 5(5) of the Road
Safety (Amendment) Act 1998, was the
registered owner of a vehicle under this Act
30 is on that commencement deemed to be the
registered operator of that vehicle.".
23. Statute law revision
20
532059B.I1-9/4/98
Road Safety (Amendment) Act 1998
Act No.
(1) In section 55(1) of the Principal Act, after
"Corporation" (where secondly occurring) insert
"or of the Department of Transport".
(2) Sections 101 and 102 of the Principal Act are
5 repealed.
(3) Schedule 4 to the Principal Act is repealed.
_______________
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Road Safety (Amendment) Act 1998
s. 24
Act No.
PART 3--AMENDMENT OF OTHER ACTS
24. Cancellation or suspension of driver licence
(1) In section 89(1) of the Sentencing Act 1991, after
"thinks fit" insert "and may make a finding that
5 the offence was committed while the offender was
under the influence of alcohol or a drug which
contributed to the offence".
(2) In section 89 of the Sentencing Act 1991, after
sub-section (3) insert--
10 "(3A) If--
(a) a person applies under sub-section (2)
for an order as to the issue of a driver
licence; and
(b) the court referred to in sub-section (1)
15 has made a finding that the offence was
committed while the person was under
the influence of alcohol or a drug which
contributed to the offence--
the Magistrates' Court must have regard to
20 the reports referred to in sub-section (3B).
(3B) A person to whom paragraphs (a) and (b) of
sub-section (3A) apply must obtain from an
accredited agency--
(a) at least 12 months before applying for
25 the order under sub-section (2), an
assessment report about the person's
use of alcohol or drugs, as the case
requires; and
(b) within 28 days before applying for the
30 order, a licence restoration report.
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s. 24
Act No.
(3C) If a person applies under sub-section (2) for
an order and there was no finding referred to
in sub-section (3A)(b), the Magistrates'
Court may request a licence restoration
5 report from an accredited agency.
(3D) On an application under sub-section (2) the
court may, in exceptional circumstances,
reduce the period of 12 months referred to in
sub-section (3B)(a).
10 (3E) On an application under sub-section (2), the
Magistrates' Court may make or refuse to
make the order sought, and for the purpose
of determining whether or not the order
should be made--
15 (a) the court must hear any relevant
evidence tendered either by the
applicant or by the Chief Commissioner
of Police and any evidence of a
registered medical practitioner required
20 by the court; and
(b) without limiting the generality of its
discretion, the court must have regard
to--
(i) the conduct of the applicant with
25 respect to intoxicating liquor or
drugs (as the case may be) during
the period of disqualification; and
(ii) the applicant's physical and
mental condition at the time of the
30 hearing of the application; and
(iii) the effect which the making of the
order may have on the safety of
the applicant or of the public; and
(iv) any licence restoration report
35 obtained under sub-section
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s. 25
Act No.
(3B)(b) or (3C) and any report
obtained under sub-section
(3B)(a).".
(3) In section 3(1) of the Sentencing Act 1991 insert
5 the following definitions--
' "accredited agency" means a person or body
approved under the Road Safety Act 1986
as an accredited agency;
"licence restoration report" means a report from
10 an accredited agency on an applicant for an
order under section 89(2);'.
25. Transitional
After section 119 of the Sentencing Act 1991
insert--
15 "120. Transitional provisions (1998 amendments)
The amendments of this Act made by a
provision of section 24 of the Road Safety
(Amendment) Act 1998 do not apply to a
person who applies for an order within 18
20 months after the commencement of that
provision.".
26. Consequential amendments--"registered owner"
(1) In section 4(1) of the Environment Protection
Act 1970, in paragraph (a) of the definition of
25 "registered owner", for "registered owner"
substitute "registered operator".
(2) In section 106B of the Labour and Industry Act
1958, in the definition of "owner", for "registered
owner" substitute "registered operator".
30 (3) In section 3(1) of the Litter Act 1987, in
paragraph (a) of the definition of "registered
owner", for "registered under the Road Safety
Act 1986 as the owner of the vehicle" substitute
24
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s. 27
Act No.
"the registered operator of the vehicle under the
Road Safety Act 1986".
(4) In section 69 of the Melbourne City Link Act
1995, in paragraph (a) of the definition of
5 "owner", for "owner" substitute "person".
27. Amendment of Transport Accident Act 1986
(1) The Transport Accident Act 1986 is amended as
follows--
(a) in section 3(1), for paragraph (b) of the
10 definition of "recreation vehicle"
substitute--
"(b) otherwise means a motor vehicle that is
used or intended to be used in a public
place, other than one that is not a
15 recreation vehicle by virtue of a
declaration under sub-section (7);";
(b) in section 3(1), after the definition of
"pension age" insert--
' "public place" means--
20 (a) any bridge, footpath, court, alley,
passage or thoroughfare open to or
used by the public; or
(b) any park, garden, reserve or other
place of public recreation or
25 resort; or
(c) any open place to which the
public has or is permitted to have
access, whether on or without
payment for admittance; or
30 (d) any wharf, pier or jetty open to or
used by the public; or
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s. 28
Act No.
(e) any school or the land or premises
in connection with it--
but does not include a highway;';
(c) in section 3(1), for the definitions of "owner"
5 (where first and secondly occurring)
substitute--
' "owner"--
(a) in relation to a motor car, has the
same meaning as in the Motor
10 Car Act 1958; and
(b) in relation to a recreation vehicle
or any other motor vehicle, has the
same meaning as in section 3(1)
of the Road Safety Act 1986;';
15 (d) in section 3(1), in the definition of
"registered motor vehicle" omit paragraph
(d).
(2) In section 3 of the Transport Accident Act 1986,
after sub-section (6) insert--
20 "(7) The Governor in Council may, by Order
published in the Government Gazette,
declare any motor vehicle or class of motor
vehicles not to be a recreation vehicle or
recreation vehicles for the purposes of this
25 Act.".
28. Repeal
The Road Transport Charges (Victoria) Act
1995 is repealed.
30
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Road Safety (Amendment) Act 1998
Act No.
28
532059B.I1-9/4/98
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