Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment Bill (No. 2) 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
Division 1 -- Act amended
3. The Act amended in this Part 4
Division 2 -- Amendments relating to breath
analysis
Subdivision 1 -- Amendments not based on Road
Traffic Amendment Act 2006 having
commenced
4. Section 59B amended 4
5. Section 63 amended 4
6. Section 64 amended 5
7. Section 64AA amended 6
8. Section 64A amended 7
9. Section 65 amended 7
10. Section 65A inserted 8
65A. Using breath sample to find blood alcohol
content 8
11. Section 66 amended 9
12. Section 68 amended 9
13. Section 69 amended 10
14. Section 71 amended 10
15. Section 72 amended 11
16. Section 98A amended 11
220--2 page i
Road Traffic Amendment Bill (No. 2) 2007
Contents
Subdivision 2 -- Amendments depending on Road
Traffic Amendment Act 2006
17. Section 64AA amended 12
18. Section 67 amended 12
Division 3 -- Amendments about driving
incidents
Subdivision 1 -- Amendments not based on Road
Traffic Amendment Act 2006 having
commenced
19. Division 1A inserted in Part V 12
Division 1A -- Terms used in this Part
49AA. Meanings of "bodily harm" and "grievous
bodily harm" 12
20. Sections 54, 55 and 56 replaced 13
54. Bodily harm: duty to stop and give
information and assistance 13
55. Damage to property: duty to stop and give
information 14
56. Duty to report incidents involving bodily
harm or damage to property 15
21. Section 57 amended 17
22. Section 59 amended 17
23. Section 59A amended 18
24. Section 73 amended 18
Subdivision 2 -- Amendments depending on Road
Traffic Amendment Act 2006
25. Section 50 amended 18
Division 4 -- Amendments about graduated
demerit point system for novice drivers
26. Section 104 amended 18
27. Section 104IA inserted 20
104IA. Excessive demerit points (novice driver)
notice 20
28. Section 104J amended 21
29. Section 104O amended 21
30. Section 104R amended 22
Division 5 -- Amendments about zero blood
alcohol content for novice drivers
31. Section 63 amended 22
32. Section 64 amended 22
33. Section 64AA amended 23
page ii
Road Traffic Amendment Bill (No. 2) 2007
Contents
34. Section 64A amended 23
35. Section 64AAA inserted 23
64AAA. Novice driver driving with any blood
alcohol content 23
36. Section 66 amended 24
37. Section 70 amended 24
38. Section 71B amended 24
39. Section 98 amended 24
Division 6 -- Other amendment
40. Section 111 amended 25
Part 3 -- Young Offenders Act 1994
amended
41. The Act amended in this Part 26
42. Schedule 1 amended 26
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Road Traffic Amendment Bill (No. 2) 2007
A Bill for
An Act to amend the Road Traffic Act 1974 and in consequence to
amend the Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment Bill (No. 2) 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Road Traffic Amendment Act (No. 2) 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) Part 1 -- on the day on which this Act receives the
Royal Assent ("assent day");
(b) Part 2 other than sections 6(2)(b)(ii), 17, 18 and 25 and
Divisions 4, 5 and 6 -- on a day fixed by proclamation;
10 (c) section 6(2)(b)(ii) -- on the day fixed under
paragraph (b), except that it does not have effect at all if
the Road Traffic Amendment Act 2006 section 15(a)
comes into operation first;
(d) section 17 --
15 (i) on the day fixed under paragraph (b); or
(ii) if the day on which the Road Traffic Amendment
Act 2006 section 16 comes into operation is later
-- immediately after that section comes into
operation;
20 (e) section 18 --
(i) on the day fixed under paragraph (b); or
(ii) if the day on which the Road Traffic Amendment
Act 2006 section 18(1) comes into operation is
later -- immediately after that subsection comes
25 into operation;
(f) section 25 --
(i) on the day fixed under paragraph (b); or
(ii) if the day on which the Road Traffic Amendment
Act 2006 section 9(c) comes into operation is
30 later -- immediately after that provision comes
into operation;
page 2
Road Traffic Amendment Bill (No. 2) 2007
Preliminary Part 1
s. 2
(g) Part 2 Division 4 -- on a day fixed by proclamation,
being a day that is after the day on which the Road
Traffic Amendment Act 2006 section 31 comes into
operation, and different days may be fixed for different
5 provisions;
(h) Part 2 Division 5 other than section 38 -- on a day fixed
by proclamation, being a day that is after section 9 and
the Road Traffic Amendment Act 2006 sections 17
and 31 have all come into operation;
10 (i) section 38 --
(i) when the rest of Part 2 Division 5 comes into
operation; or
(ii) if the day on which the Road Traffic Amendment
(Drugs) Act 2007 section 16 comes into
15 operation is later -- immediately after that
section comes into operation;
(j) Part 2 Division 6 -- on the day after assent day;
(k) Part 3 -- on the day fixed under paragraph (b).
page 3
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 1 Act amended
s. 3
Part 2 -- Road Traffic Act 1974 amended
Division 1 -- Act amended
3. The Act amended in this Part
The amendments in this Part are to the Road Traffic Act 1974*.
5 [* Reprint 9 as at 10 March 2006.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1, and Acts
Nos. 77 of 2006 and 4 of 2007.]
Division 2 -- Amendments relating to breath analysis
10 Subdivision 1 -- Amendments not based on Road Traffic Amendment
Act 2006 having commenced
4. Section 59B amended
Section 59B(5) is amended by deleting "percentage of alcohol
in his blood of or exceeding 0.15%" and inserting instead --
15 "
blood alcohol content of or above 0.15g of alcohol per
100ml of blood
".
5. Section 63 amended
20 Section 63(5) is amended by deleting "percentage of alcohol in
his blood of or exceeding 0.15%" and inserting instead --
"
blood alcohol content of or above 0.15g of alcohol per
100ml of blood
25 ".
page 4
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments relating to breath analysis Division 2
s. 6
6. Section 64 amended
(1) Section 64(1) is amended by deleting "the percentage of alcohol
in his blood equals or exceeds 0.08%," and inserting instead --
"
5 having a blood alcohol content of or above 0.08g of
alcohol per 100ml of blood
".
(2) The Table to section 64(2) is amended as follows:
(a) by deleting the heading to the first column and inserting
10 instead --
"
Blood alcohol content
(g/100ml)
";
(b) in the first column --
(i) by deleting "%" in each place where it occurs;
15 (ii) by deleting "but <0.15".
(3) The note at the end of the Table to section 64(2) is amended by
deleting "greater than or equal to" and inserting instead --
" of or above ".
(4) Section 64(2a) is amended by deleting "percentage of alcohol in
20 the blood" and inserting instead --
" blood alcohol content ".
Note: The heading to section 64 is to read "Driving with blood alcohol
content of or above 0.08".
page 5
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 2 Amendments relating to breath analysis
s. 7
7. Section 64AA amended
(1) Section 64AA(1) is amended by deleting "the percentage of
alcohol in his blood equals or exceeds 0.05%" and inserting
instead --
5 "
having a blood alcohol content of or above 0.05g of
alcohol per 100ml of blood
".
(2) The Table to section 64AA(2a) is amended as follows:
10 (a) by deleting the heading to the first column and inserting
instead --
"
Blood alcohol content
(g/100ml)
";
(b) in the first column --
15 (i) by deleting "%" in each place where it occurs;
(ii) by deleting "but <0.08".
(3) The note at the end of the Table to section 64AA(2a) is
amended by deleting "greater than or equal to" and inserting
instead --
20 " of or above ".
Note: The heading to section 64AA is to read "Driving with blood alcohol
content of or above 0.05".
page 6
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments relating to breath analysis Division 2
s. 8
8. Section 64A amended
Section 64A(1) is amended by deleting "the percentage of
alcohol in his blood equals or exceeds 0.02%" and inserting
instead --
5 "
having a blood alcohol content of or above 0.02g of
alcohol per 100ml of blood
".
Note: The heading to section 64A is to read "Certain persons driving with
10 blood alcohol content of or above 0.02".
9. Section 65 amended
Section 65 is amended as follows:
(a) in the definition of "analyst", by deleting "percentage"
and inserting instead --
15 " concentration ";
(b) in the definition of "breath analysing equipment", by
deleting "ascertaining the percentage of alcohol present
in a person's blood," and inserting instead --
"
20 the purpose of ascertaining a person's blood
alcohol content
";
(c) by deleting the definition of "percentage of alcohol" and
inserting in the appropriate alphabetical position --
25 "
"blood alcohol content" means the concentration of
alcohol in a person's blood, expressed in grams of
alcohol per 100ml of blood;
";
30 (d) in the definition of "preliminary test", by deleting "the
percentage of alcohol in the blood of the person or an
indication as to whether or not the percentage of alcohol
page 7
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 2 Amendments relating to breath analysis
s. 10
in the blood of a person equals or exceeds a
predetermined percentage" and inserting instead --
"
a person's blood alcohol content or an indication
5 of whether or not a person's blood alcohol content
is of or above a predetermined level
".
10. Section 65A inserted
After section 65 the following section is inserted --
10 "
65A. Using breath sample to find blood alcohol content
(1) For the purposes of section 59B(5) and sections 63 to
73, inclusive, if the concentration of alcohol in a
person's breath is a particular number of grams of
15 alcohol per 210 litres of breath the person's blood
alcohol content is to be regarded as being that number
of grams of alcohol per 100ml of blood.
(2) For the purposes of section 72(2)(a) and the definition
of "breath analysing equipment" in section 65,
20 apparatus is to be regarded as being for the purpose of
ascertaining a person's blood alcohol content by
analysis of a sample of the person's breath whether the
apparatus gives the blood alcohol content directly as
the analysis result or enables it to be derived under
25 subsection (1).
(3) For the purposes of the definition of "preliminary test"
in section 65, apparatus is to be regarded as being for
the purpose of providing an indication of the kind
mentioned in that definition whether the apparatus
30 gives the indication directly or enables it to be derived
under subsection (1).
".
page 8
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments relating to breath analysis Division 2
s. 11
11. Section 66 amended
(1) Section 66(2)(a)(i) is amended by deleting "percentage of
alcohol in the blood of the person equals or exceeds 0.05% of
alcohol" and inserting instead --
5 "
person has a blood alcohol content of or
above 0.05g of alcohol per 100ml of
blood
".
10 (2) Section 66(11)(b) is amended by deleting "percentage of
alcohol present in the blood of the person" and inserting
instead --
" person's blood alcohol content ".
12. Section 68 amended
15 (1) Section 68(4)(a) is amended as follows:
(a) by inserting after "analysis result and" --
"
the person's blood alcohol content given by or
derived under section 65A from the analysis
20 result
";
(b) by deleting "percentage of alcohol present in the blood
of the person" and inserting instead --
" person's blood alcohol content ".
25 (2) Section 68(8) is amended as follows:
(a) by inserting after "analysis result and" --
"
the person's blood alcohol content given by or derived
under section 65A from the analysis result
30 ";
page 9
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 2 Amendments relating to breath analysis
s. 13
(b) by deleting "percentage of alcohol present in the blood
of the person" and inserting instead --
" person's blood alcohol content ".
13. Section 69 amended
5 Section 69(2) is amended as follows:
(a) by deleting "percentage of alcohol found by the analyst
to be present in" and inserting instead --
" blood alcohol content of ";
(b) by deleting "percentage of alcohol present in the blood
10 of the person" and inserting instead --
" person's blood alcohol content ".
14. Section 71 amended
(1) Section 71(1) is repealed and the following subsection is
inserted instead --
15 "
(1) In any proceeding such as is mentioned in section 70(1)
a person's blood alcohol content at any time which is
or may be material in the proceeding (the "material
time") shall be calculated having regard to --
20 (a) the time of the person's last drink containing
alcohol taken at or before the material time; and
(b) the material time; and
(c) the time at which the sample of the person's
breath or blood was provided or taken for
25 analysis (the "time of sampling"); and
(d) the person's blood alcohol content at the time
of sampling,
so as to give effect to the presumption that after a
person's latest drink containing alcohol the person's
30 blood alcohol content increases at the rate of 0.016g of
alcohol per 100ml of blood per hour for a period of
page 10
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments relating to breath analysis Division 2
s. 15
2 hours and, after that period, decreases at the rate of
0.016g of alcohol per 100ml of blood per hour.
".
(2) Section 71(4) is amended by deleting "percentage" and inserting
5 instead --
" concentration ".
Note: The heading to section 71 is to read "Determination of blood alcohol
content at material time".
15. Section 72 amended
10 (1) Section 72(2) is amended by deleting paragraph (a) and "and"
after it and inserting instead --
"
(a) types of apparatus for the purpose of
ascertaining a person's blood alcohol content
15 by analysis of a sample of the person's breath;
and
".
(2) Section 72(3)(a) is amended by deleting "percentage" and
inserting instead --
20 " concentration ".
16. Section 98A amended
Section 98A is amended as follows:
(a) in subsection (2), by inserting before "ascertaining" --
" the purpose of ";
25 (b) in subsection (2a), by inserting before "ascertaining" --
" the purpose of ".
page 11
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 3 Amendments about driving incidents
s. 17
Subdivision 2 -- Amendments depending on Road Traffic
Amendment Act 2006
17. Section 64AA amended
Section 64AA(2b) is amended by deleting "percentage of
5 alcohol in the blood" and inserting instead --
" blood alcohol content ".
18. Section 67 amended
Section 67(3)(a)(i) is amended by deleting "relevant percentage
of alcohol in the person's blood exceeded 0.14%" in both places
10 where it occurs and inserting instead --
"
person's blood alcohol content were
above 0.14g of alcohol per 100ml of
blood
15 ".
Division 3 -- Amendments about driving incidents
Subdivision 1 -- Amendments not based on Road Traffic Amendment
Act 2006 having commenced
19. Division 1A inserted in Part V
20 After the heading to Part V the following Division is inserted --
"
Division 1A -- Terms used in this Part
49AA. Meanings of "bodily harm" and "grievous bodily
harm"
25 In this Part --
"bodily harm" has the meaning given in The Criminal
Code section 1(1);
page 12
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments about driving incidents Division 3
s. 20
"grievous bodily harm" has the meaning given in
The Criminal Code section 1(1).
".
20. Sections 54, 55 and 56 replaced
5 Sections 54, 55 and 56 are repealed and the following sections
are inserted instead --
"
54. Bodily harm: duty to stop and give information and
assistance
10 (1) If a vehicle driven by a person (the "driver") is
involved in an incident occasioning bodily harm to
another person, the driver must stop immediately after
the occurrence of the incident and for as long as is
necessary to comply with subsections (2) and (6).
15 (2) If a vehicle driven by a person (the "driver") is
involved in an incident occasioning bodily harm to
another person (a "victim"), the driver must ensure
that each victim receives all the assistance, including
medical aid, that is necessary and practicable in the
20 circumstances.
(3) A person who contravenes subsection (1) or (2)
commits a crime.
Penalty: imprisonment for --
(a) 20 years, if the incident occasioned death;
25 (b) 14 years, if the incident occasioned grievous
bodily harm but not death;
(c) 10 years, in any other case.
Summary conviction penalty in a case to which
paragraph (c) applies: imprisonment for 3 years.
30 (4) If in the opinion of the court an offence under
subsection (3) is of a sufficiently serious nature the
court may make an order disqualifying the offender
page 13
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 3 Amendments about driving incidents
s. 20
from holding or obtaining a driver's licence for such
period as it thinks fit.
(5) It is a defence to a charge of an offence under
subsection (3) for the accused to prove that the accused
5 was not aware of the occurrence of the incident.
(6) If a vehicle driven by a person (the "driver") is
involved in an incident occasioning bodily harm to
another person (a "victim"), the driver must, if
required to do so by a victim, a representative of a
10 victim, or a member of the Police Force, give the
driver's name and address and, if known to the driver,
the name and address of a responsible person for the
vehicle.
Penalty: a fine of 30 PU.
15 (7) It is a defence to a charge of an offence under
subsection (3) or (6) for the accused to prove that the
accused could not comply with a requirement in the
relevant provision because of an injury suffered by the
accused in the incident.
20 55. Damage to property: duty to stop and give
information
(1) If a vehicle driven by a person (the "driver") is
involved in an incident in which any property is
damaged, the driver must stop immediately after the
25 occurrence of the incident and for as long as is
necessary to comply with subsection (4).
Penalty: a fine of 30 PU.
(2) If in the opinion of the court an offence under
subsection (1) is of a sufficiently serious nature the
30 court may make an order disqualifying the offender
from holding or obtaining a driver's licence for such
period as it thinks fit.
page 14
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments about driving incidents Division 3
s. 20
(3) It is a defence to a charge of an offence under
subsection (1) for the accused to prove that the accused
was not aware of the occurrence of the incident.
(4) If a vehicle driven by a person (the "driver") is
5 involved in an incident in which any property is
damaged, the driver must, if required to do so by a
person whose property was damaged in the incident or
a representative of that person or a member of the
Police Force, give the driver's name and address and, if
10 known to the driver, the name and address of a
responsible person for the vehicle.
Penalty: a fine of 30 PU.
(5) It is a defence to a charge of an offence under
subsection (1) or (4) for the accused to prove that the
15 accused could not comply with a requirement in that
subsection because of an injury suffered by the accused
in the incident.
56. Duty to report incidents involving bodily harm or
damage to property
20 (1) If a vehicle driven by a person (the "driver") is
involved in an incident occasioning bodily harm to
another person, the driver must report the incident
forthwith to the officer in charge of a police station.
(2) If a person contravenes subsection (1) and the incident
25 occasioned death or grievous bodily harm, the person
commits a crime.
Penalty: imprisonment for 10 years and in any event
the court convicting the person must order that the
offender is disqualified from holding or obtaining a
30 driver's licence for a period of not less than
12 months.
Summary conviction penalty: imprisonment for
12 months and in any event the court convicting
page 15
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 3 Amendments about driving incidents
s. 20
the person must order that the offender is
disqualified from holding or obtaining a driver's
licence for a period of not less than 12 months.
(3) If a person contravenes subsection (1) and the incident
5 did not occasion death or grievous bodily harm, the
person commits an offence.
Penalty: imprisonment for 12 months and in any event
the court convicting the person must order that the
offender is disqualified from holding or obtaining a
10 driver's licence for a period of not less than
12 months.
(4) If a vehicle driven by a person (the "driver") is
involved in an incident in which any property is
damaged the driver must report the incident forthwith
15 to the officer in charge of a police station.
Penalty:
(a) for a first offence, a fine of 8 PU;
(b) for a subsequent offence, a fine of 16 PU.
(5) It is a defence to a charge of an offence under
20 subsection (2), (3) or (4) for the accused to prove
that --
(a) the accused could not comply with a
requirement in the relevant provision because
of an injury suffered by the accused in the
25 incident; or
(b) a member of the Police Force attended at the
scene of the incident and took the necessary
particulars of the incident.
(6) It is a defence to a charge of an offence under
30 subsection (4) for the accused to prove --
(a) that the accused had reasonable cause for
believing that the total value of the damage did
page 16
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments about driving incidents Division 3
s. 21
not exceed the amount prescribed for the
purposes of this subsection; and
(b) that the owner, in each case, of any property
damaged was present or represented at the
5 place where and at the time when, or
immediately after, the incident occurred.
".
21. Section 57 amended
(1) Section 57(1) is amended by deleting the penalty clause.
10 (2) Section 57(2) is repealed and the following is inserted
instead --
"
(2) A person who is required under subsection (1) by a
member of the Police Force to give information must
15 not in response to the request give false information.
Penalty: applicable to subsections (1) and (2), a fine of
60 PU or imprisonment for 12 months.
".
22. Section 59 amended
20 (1) Section 59(1) is amended in the penalty clause by deleting
"18 months" and inserting instead --
" 3 years ".
(2) Section 59(2) is amended as follows:
(a) by inserting at the end of paragraph (b) --
25 " and ";
(b) by deleting "; and" at the end of paragraph (c) and
inserting instead a full stop;
(c) by deleting paragraph (d).
page 17
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 4 Amendments about graduated demerit point system for novice
drivers
s. 23
(3) Section 59(3)(b) is amended by deleting "4 years" and inserting
instead --
" 10 years ".
23. Section 59A amended
5 Section 59A(2) is amended as follows:
(a) by deleting the semicolon at the end of paragraph (b)
and inserting instead a full stop;
(b) by deleting paragraph (c).
24. Section 73 amended
10 Section 73 is amended by inserting after "sections" --
" 54, 55 and 56 and in sections ".
Subdivision 2 -- Amendments depending on Road Traffic
Amendment Act 2006
25. Section 50 amended
15 Section 50 is amended by deleting "with whom the holder is
authorised to drive under section 43(2)" and inserting instead --
"
under whose instruction the permit authorises the
holder to drive
20 ".
Division 4 -- Amendments about graduated demerit point
system for novice drivers
26. Section 104 amended
Section 104 is amended as follows:
25 (a) by inserting before "In this Part" at the beginning of the
section the subsection designation "(1)";
page 18
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments about graduated demerit point system for novice Division 4
drivers
s. 26
(b) by inserting in their appropriate alphabetical
positions --
"
"excessive demerit points (novice driver) notice"
5 means an excessive demerit points (novice driver)
notice under section 104IA(2);
"novice driver" has the meaning given in
subsection (2);
"novice driver (type 1)" means a novice driver who is
10 not a novice driver (type 2);
"novice driver (type 2)" means a novice driver who
has, for a period of at least 1 year or periods
adding up to at least 1 year, held --
(a) an Australian driver licence; or
15 (b) a licence or other authorisation granted to the
person by an external licensing authority
authorising the person to drive a motor
vehicle other than solely for the purpose of
learning to drive it;
20 ";
(c) by inserting at the end of the section the following
subsections --
"
(2) For the purposes of this Part a person is a novice driver
25 unless the person has, for a period of at least 2 years or
periods adding up to at least 2 years, held --
(a) an Australian driver licence; or
(b) a licence or other authorisation granted to the
person by an external licensing authority
30 authorising the person to drive a motor vehicle
other than solely for the purpose of learning to
drive it.
page 19
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 4 Amendments about graduated demerit point system for novice
drivers
s. 27
(3) When deciding whether a person is a novice driver, or
which type of novice driver a person is, a period for
which the person held an Australian driver licence or
other authorisation is to be regarded as not including
5 any period for which the person, although holding an
Australian driver licence or other authorisation, was
excluded by law from driving under that authorisation.
".
27. Section 104IA inserted
10 After section 104I the following section is inserted --
"
104IA. Excessive demerit points (novice driver) notice
(1) In this section --
"post-commencement demerit points" means
15 current demerit points other than those recorded
for an offence committed before the day on
which the Road Traffic Amendment Act (No. 2)
2007 section 27 comes into operation.
(2) If the number of post-commencement demerit points
20 recorded in the demerit points register against a novice
driver (type 1) reaches at least 4, or against a novice
driver (type 2) reaches at least 8, the Director General
is to give the novice driver, in accordance with
section 104R, an excessive demerit points (novice
25 driver) notice stating --
(a) the day on which that number of
post-commencement demerit points was
reached; and
(b) the number of post-commencement demerit
30 points reached on that day; and
(c) that the period of disqualification is 3 months;
and
page 20
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments about graduated demerit point system for novice Division 4
drivers
s. 28
(d) that the period of disqualification will
commence on the day after the notice is given
or a later day specified in the notice.
(3) Post-commencement demerit points recorded against
5 the person in the demerit points register on or before
the day on which, according to the notice, the stated
number of demerit points was reached are cancelled.
(4) The person to whom the notice is given is disqualified
from holding or obtaining a driver's licence for the
10 period of 3 months specified in the notice.
(5) Nothing in this section prevents the day on which the
period of disqualification commences from being
postponed under section 104M.
(6) Regulations referred to in section 104O(7) may provide
15 for all or some of the post-commencement demerit
points cancelled under subsection (3) to be again
recorded against the person.
(7) Nothing in this section prevents section 104I from
applying to a novice driver.
20 ".
28. Section 104J amended
Section 104J(2) is amended by deleting the full stop at the end
of the subsection and inserting instead --
" and must not be a novice driver. ".
25 29. Section 104O amended
(1) Section 104O(2) is amended as follows:
(a) before paragraph (e), by inserting --
"
(da) the day on which an excessive demerit points
30 (novice driver) notice was given, and the
page 21
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 5 Amendments about zero blood alcohol content for novice
drivers
s. 30
number of demerit points and period of
disqualification stated in it; and
";
(b) after each of paragraphs (a) to (f), by inserting --
5 " and ".
(2) Section 104O(4) is amended by inserting after paragraph (a) --
" or ".
30. Section 104R amended
Section 104R(1) is amended by inserting before
10 paragraph (b) --
"
(aa) an excessive demerit points (novice driver)
notice; or
".
15 Division 5 -- Amendments about zero blood alcohol content for
novice drivers
31. Section 63 amended
Section 63(6) is amended as follows:
(a) by inserting before "applied" --
20 " or 64AAA ";
(b) by inserting before the full stop --
" or 64AAA ".
32. Section 64 amended
Section 64(4) is amended as follows:
25 (a) by inserting before "applied" --
" or 64AAA ";
(b) by inserting before the full stop --
" or 64AAA ".
page 22
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Amendments about zero blood alcohol content for novice Division 5
drivers
s. 33
33. Section 64AA amended
Section 64AA(3) is amended as follows:
(a) by inserting before "where" --
" or 64AAA ";
5 (b) by inserting before "applied" --
" or 64AAA ".
34. Section 64A amended
After section 64A(3) the following subsection is inserted --
"
10 (4) A person charged with an offence against this section
may, instead of being convicted of that offence, be
convicted of an offence against section 64AAA where,
at the time of the alleged offence, the person charged
was a person to whom that section applied.
15 ".
35. Section 64AAA inserted
After section 64A the following section is inserted --
"
64AAA. Novice driver driving with any blood alcohol
20 content
(1) A person who, being a novice driver, drives or attempts
to drive a motor vehicle while having any blood
alcohol content commits an offence.
Penalty: Not less than 2 PU or more than 6 PU.
25 (2) In subsection (1) --
"novice driver" has the same meaning as it has in
section 104(2).
(3) It is a defence to a charge of an offence under
subsection (1) for the accused to prove that the
page 23
Road Traffic Amendment Bill (No. 2) 2007
Part 2 Road Traffic Act 1974 amended
Division 5 Amendments about zero blood alcohol content for novice
drivers
s. 36
accused's blood alcohol content was not to any extent
caused by any of the following:
(a) the consumption of an alcoholic beverage
(otherwise than for the purposes of religious
5 observance);
(b) the consumption or use of any other substance
(for example, food or medicine) for the purpose
of consuming alcohol.
".
10 36. Section 66 amended
Section 66(2)(a)(ii) is amended by inserting before "applies" --
" or 64AAA ".
37. Section 70 amended
Section 70(1) is amended by deleting "or 64A," and inserting
15 instead --
" , 64A or 64AAA, ".
38. Section 71B amended
Section 71B(1) is amended by inserting after "64A" --
" , 64AAA ".
20 39. Section 98 amended
Section 98(1a) is amended by deleting "64A" and inserting
instead --
" 64A(1) or 64AAA ".
page 24
Road Traffic Amendment Bill (No. 2) 2007
Road Traffic Act 1974 amended Part 2
Other amendment Division 6
s. 40
Division 6 -- Other amendment
40. Section 111 amended
Section 111 is amended by inserting after subsection (2b) the
following subsection --
5 "
(2c) The regulations may make it an offence to contravene a
condition imposed by or under the regulations, but this
subsection does not limit the other consequences that
the regulations may attach to a contravention.
10 ".
page 25
Road Traffic Amendment Bill (No. 2) 2007
Part 3 Young Offenders Act 1994 amended
s. 41
Part 3 -- Young Offenders Act 1994 amended
41. The Act amended in this Part
The amendments in this Part are to the Young Offenders
Act 1994*.
5 [* Reprint 3 as at 15 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1, and Act
No. 65 of 2006.]
42. Schedule 1 amended
10 Schedule 1 is amended under the heading for provisions of the
Road Traffic Act 1974 as follows:
(a) in the description of an offence under section 64, by
deleting "0.08%" and inserting instead --
" 0.08g/100ml ";
15 (b) in the description of an offence under section 64AA, by
deleting "0.05%" and inserting instead --
" 0.05g/100ml ";
(c) in the description of an offence under section 64A, by
deleting "0.02%" and inserting instead --
20 " 0.02g/100ml ".
page 26
[Index] [Search] [Download] [Related Items] [Help]