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This is a Bill, not an Act. For current law, see the Acts databases.
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Justice)
Contents
Page
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Justice)
Road Transport Legislation Amendment Bill 2015
A Bill for
An Act to amend legislation about road transport, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport Legislation Amendment Act 2015
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
•
•
•
.
4 Alternative verdicts for aggravated
offences—offences against pregnant women
Table 48B, new items 5
and 6
insert
|
5
|
section 29 (2) (Culpable driving of motor vehicle)—causing
death—aggravated offence
|
• section 29 (2), simple offence
•
|
, section 6 (1) (a) (Negligent driving)—causing death
6
section 29 (4) (Culpable driving of motor vehicle)—causing grievous bodily harm—aggravated offence
• section 29 (4), simple offence
•
, section 6 (1) (b) (Negligent driving)—causing grievous bodily harm
5 Alternative verdicts for certain
other offences against the person
Table 49, new items 12 and
13
insert
|
12
|
section 29 (2) (Culpable driving of motor vehicle)—causing
death
|
|
, section 6 (1) (a) (Negligent driving)—causing death
13
section 29 (4) (Culpable driving of motor vehicle)—causing grievous bodily harm
, section 6 (1) (b) (Negligent driving)—causing grievous bodily harm
Part 3 Road Transport (Alcohol and Drugs) Act 1977
6 Offences against
Act—application of Criminal Code etc
Section 4, note 1
insert
• s 25 (Consuming alcohol—driver or driver trainer)
in part 3, insert
25 Consuming alcohol—driver or driver trainer
(1) A person commits an offence if the person—
(a) drives or rides a vehicle on a road or road related area; and
(b) consumes alcohol while driving or riding the vehicle.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) is a driver trainer in a motor vehicle on a road or road related area; and
(b) consumes alcohol while in the vehicle.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
(4) In a prosecution for an offence against this section, a substance is presumed to be alcohol if—
(a) the substance is in a container; and
(b) a label or other mark on the container describes the contents as alcohol or containing alcohol.
Examples—par (b)
• ‘2.6% Alc/Vol’ printed on a can
• ‘14% Alc/Vol’ printed on the label of a bottle
Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
(5) In this section:
vehicle means a bicycle or motor vehicle.
Part 4 Road Transport (Driver Licensing) Regulation 2000
8 Other exemptions from requirement to
hold driver licence
Section 99 (2), note
substitute
Note A bicycle does not include any vehicle—
(a) with an electric motor capable of generating a power output over 200W, other than a vehicle that is a power-assisted pedal cycle within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989
(Cwlth), s 7 (see Road Transport (General) Act 1999
, dict, def bicycle and Australian Road Rules
); or
(b) that has an internal combustion engine.
Part 5 Road Transport (General) Act 1999
9 Meaning of first offender and
repeat offender—div 4.2
Section 61AA (5), definition of
relevant offence, paragraph (c)
omit
burnouts and other prohibited conduct
substitute
improper use of a motor vehicle
10 Automatic disqualification for
certain other driving offences
Section 63 (1) (b)
omit
burnouts and other prohibited conduct
substitute
improper use of a motor vehicle
insert
72A Evidentiary certificate—use etc of road or road related area
(1) In a proceeding under the road transport legislation, a certificate that appears to be signed by or on behalf of an owner of land, or a representative of the owner, and states any of the following matters, is evidence of the matter:
(a) that an area of the land is or is not a road;
(b) that an area of the land is, or is not, open to or used by the public for driving, riding or parking vehicles;
(c) that a person was, on a stated date, the owner of the land, or a representative of the owner.
(2) A court must accept a certificate mentioned in subsection (1) as proof of the matters stated in it if there is no evidence to the contrary.
(3) In this section:
owner, of land, includes the lessee or occupier of the land.
12 Dictionary, definition of bicycle, paragraph (c)
substitute
(c) does not include—
(i) a wheelchair, wheeled recreational device or wheeled toy; or
(ii) a vehicle (other than a vehicle mentioned in paragraph (b)) with an electric motor capable of generating a power output over 200W (whether or not the motor is operating); or
(iii) a vehicle that has an internal combustion engine.
13 Dictionary, definition of bicycle, new note
insert
Note 3 This definition is not consistent with the definition of bicycle in the Australian Road Rules
, dictionary. The Australian Road Rules
are not completely self-contained and need to be read with associated laws
of each jurisdiction.
Part 6 Road Transport (Offences) Regulation 2005
14 Short descriptions, penalties and
demerit points
Schedule 1, part 1.3, table, new items 18A and
18B
insert
|
18A
|
25 (1)
|
drive or ride vehicle on road/related area while consuming alcohol
|
20
|
$300
|
|
18B
|
25 (2)
|
driver trainer in motor vehicle on road/related area while consuming
alcohol
|
20
|
$300
|
Part 7 Road Transport (Safety and Traffic Management) Act 1999
in part 1, insert
5AA Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The
, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 5B (2) and (4) (Improper use of motor vehicle)
• s 10BA (5) (Powers of police officers to issue surrender notices for motor vehicles).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2 Penalty units
The
, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
substitute
5B Improper use of motor vehicle
17 Section 5B (1), definition of burnout
omit
18 Section 5B (1), new definition of improper use
insert
improper use, of a motor vehicle, means operate the vehicle in a way that causes the vehicle to undergo sustained loss of traction by 1 or more of the vehicle’s wheels.
Examples—improper use
• burnouts
• handbrake turns
• wheelies
• drifting
• j-turns
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
19 Section 5B (1), definition of prohibited substance
omit
burnout
substitute
improper use
substitute
(2) A person commits an offence if—
(a) the person uses a motor vehicle on a road or road related area; and
(b) the use is an improper use.
Maximum penalty:
(a) if a prohibited substance had been placed on the surface of the road or road related area under, or near, a tyre of the vehicle—30 penalty units; or
(b) in any other case—20 penalty units.
substitute
(4) A person commits an offence if—
(a) the person engages in conduct on a road or road related area; and
(b) the conduct is other prohibited conduct.
Maximum penalty: 20 penalty units.
22 Meaning of first offender and
repeat offender—div 2.3
Section 10AA (5), definition of
impounding offence, paragraph (b)
omit
Burnouts and other prohibited conduct
substitute
Improper use of motor vehicle
23 Impounding of vehicles used for
menacing driving on court order before conviction etc
Section 10A
(7)
before
section 10C
insert
section 10BA (Powers of police officers to issue surrender notices for motor vehicles) or
before
section 10C
insert
section 10BA or
25 Impounding or forfeiture of vehicles
on conviction etc for certain offences
Section 10B (1)
omit
Burnouts and other prohibited conduct
substitute
Improper use of motor vehicle
before
or section 10C
insert
, section 10BA (Powers of police officers to issue surrender notices for motor vehicles)
before
section 10C
insert
section 10BA or
insert
10BA Powers of police officers to issue surrender notices for motor vehicles
(1) This section applies to a motor vehicle if a police officer believes on reasonable grounds that the vehicle is being or has been used by a person in committing an offence against section 5A (Races, attempts on speed records, speed trials etc) or section 5B (Improper use of motor vehicle).
(2) A police officer may, by notice (a surrender notice), require the responsible person for the vehicle to surrender the vehicle for impounding at the place and by the date stated in the notice.
Note A police officer may seize a motor vehicle under s 10C without giving the responsible person for the vehicle a surrender notice.
(3) However, the police officer may only give a person a surrender notice within 10 days after the day of the commission of the offence mentioned in subsection (1).
(4) The notice must state—
(a) the details of the alleged offence; and
(b) the service number of the police officer giving the notice; and
(c) a reasonable date and time by which the motor vehicle must be surrendered; and
(d) that it is an offence to fail to comply with a surrender notice; and
(e) that a police officer may seize the vehicle under section 10C if the person fails to comply with the notice; and
(f) anything else prescribed by regulation.
(5) The responsible person for a motor vehicle commits an offence if the person—
(a) is given a surrender notice for the vehicle; and
(b) fails to comply with the notice.
Maximum penalty: 20 penalty units.
(6) An offence against subsection (5) is a strict liability offence.
(7) Subsection (5) does not apply if the person has a reasonable excuse for failing to comply with the notice.
Note The defendant has an evidential burden in relation to the matters mentioned in s (7) (see Criminal Code
, s 58).
(8) If a person fails to comply with a surrender notice, a police officer may seize the vehicle under section 10C.
29 Powers of police officers to seize
and impound vehicles used in committing certain offences
Section 10C
(1) (a)
omit
Burnouts and other prohibited conduct
substitute
Improper use of motor vehicle
substitute
(2) However, the police officer may only seize the motor vehicle under subsection (1) (a) within 10 days after the later of—
(a) the commission of the offence; and
(b) if a surrender notice has been given to the responsible person for the vehicle under section 10BA and the person fails to comply with the notice—the date and time by which the motor vehicle was to be surrendered under the notice.
31 Registered operator and interested
people to be notified
Section 10D (2)
omit
Burnouts and other prohibited conduct
substitute
Improper use of motor vehicle
substitute
10E Keeping of certain vehicles seized or surrendered
insert
(1A) This section also applies if a motor vehicle is surrendered under section 10BA (Powers of police officers to issue surrender notices for motor vehicles) in the circumstances mentioned in section 10BA (1).
omit
Vehicles seized under s 10C (1) (a)
substitute
Certain vehicles seized or surrendered
35 Section 10E (5), definition of relevant offence, paragraph (b)
omit
Burnouts and other prohibited conduct
substitute
Improper use of motor vehicle
substitute
10G Certain vehicles seized or surrendered—release by chief police officer
substitute
(1) A person may apply to the chief police officer for the release to the person of a motor vehicle that has been—
(a) seized under section 10C (1) (a); or
(b) surrendered in the circumstances mentioned in section 10BA (1).
substitute
10H Certain vehicles seized or surrendered—release by Magistrates Court
substitute
(1) A person may apply to the Magistrates Court for an order for the release to the person of a motor vehicle that has been—
(a) seized under section 10C (1) (a); or
(b) surrendered in the circumstances mentioned in section 10BA (1).
(1A) This section applies whether or not an application has been made to the chief police officer under section 10G for the release of the vehicle.
40 Failure to
prosecute
Section 10J
before
section 10C
insert
section 10BA (1) (Powers of police officers to issue surrender notices for
motor vehicles) or
Part 8 Road Transport (Safety and Traffic Management) Regulation 2000
41 General
Division 2.2.1
heading, note 3, new item 11
insert
|
11
|
dict, def bicycle
|
|
, dict, def bicycle
42 Exemption for driver of police
vehicle—training and assessment
Section 69A (3), new definition
of police officer
insert
police officer includes a person who is training to become a
police officer.
Part 9 Road Transport (Vehicle Registration) Regulation 2000
substitute
20 Bicycles with electric motors
substitute
Note A bicycle does not include any vehicle—
(a) with an electric motor capable of generating a power output over 200W, other than a vehicle that is a power-assisted pedal cycle within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989
(Cwlth), s 7 (see Road Transport (General) Act 1999
, dict, def bicycle and Australian Road Rules
); or
(b) that has an internal combustion engine.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 14 May 2015.
2 Notification
Notified under the
on 2015.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2015
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