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This is a Bill, not an Act. For current law, see the Acts databases.
2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Ms Amanda Bresnan)
Contents
Page
2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Ms Amanda Bresnan)
Road Transport (General) (Infringement Notices) Amendment Bill 2012
A Bill for
An Act to amend the Road Transport (General) Act
1999, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (General) (Infringement Notices) Amendment Act 2012.
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
This Act amends the Road Transport (General) Act 1999.
Note This Act also amends the following legislation (see sch 1);
• Road Transport (Driver Licensing) Act 1999
• Road Transport (General) Regulation 2000.
4 Additional information in
infringement notices
New section 26 (1) (ba)
insert
(ba) the person may apply to the administering authority for—
(i) payment of the infringement notice penalty by instalments; or
(ii) discharge of the infringement notice penalty by attending an approved community work or social development program; or
(iii) waiver of the infringement notice penalty; and
insert
(ba) explain how the person may apply for—
(i) payment of the infringement notice penalty by instalments; or
(ii) discharge of the infringement notice penalty by attending an approved community work or social development program; or
(iii) waiver of the infringement notice penalty; and
insert
28A Payment of penalty by instalments
(1) A person served with an infringement notice or a reminder notice may apply to the administering authority for payment of all or part of the infringement notice penalty by instalments over a period of time that may be longer than 6 months.
Note If a form is approved under s 225 for this provision, the form must be used.
(2) The application must be made within 28 days after the date of service of the infringement notice or reminder notice.
(3) However, the application may be made at a later time if the administering authority is satisfied on reasonable grounds that there are circumstances why the application could not be made within the 28-day period.
(4) The application—
(a) must provide information about the financial circumstances of the person served with the notice; and
(b) may provide information about whether the person served with the notice—
(i) is receiving a Centrelink benefit and has a current health care card or pensioner concession card issued by Centrelink; or
(ii) has a current Department of Veterans’ Affairs pensioner concession card or gold card.; and
(c) may provide the administering authority with authorisation for the automatic deduction of a nominated maximum amount each fortnight from the Centrelink benefit.
(5) The administering authority—
(a) must allow payment by instalments if the person has a current health care card or pensioner concession card issued by Centrelink, or a Department of Veterans’ Affairs pensioner concession card or gold card; and
(b) in any other case—may allow payment by instalments if satisfied on reasonable grounds that it is justified because of the person’s financial circumstances.
(6) The administering authority must—
(a) if the application is allowed—tell the person in writing about the arrangements for paying the infringement notice penalty by instalments; and
(b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.
28B Discharging penalty by community work or social development program
(1) A person served with an infringement notice or a reminder notice may apply to the administering authority to discharge the penalty by attending an approved community work or social development program.
Note If a form is approved under s 225 for this provision, the form must be used.
(2) The application must be made within 28 days after the date of service of the infringement notice or reminder notice.
(3) However, the application may be made at a later time if the administering authority is satisfied on reasonable grounds that there are circumstances why the application could not be made within the 28-day period.
(4) The application must set out either or both of the following:
(a) the financial circumstances of the person served with the notice;
(b) any special circumstances of the person served with the notice.
(5) The administering authority may allow the application if satisfied on reasonable grounds that it is justified because of either or both of the following:
(a) the person’s financial circumstances;
(b) the person’s special circumstances.
(6) The administering authority must—
(a) if the application is allowed—tell the person in writing about the arrangements for attending the approved community work or social development program; and
(b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.
(7) Attending an approved community work or social development program discharges an infringement notice penalty at the rate determined by the Minister.
(8) A determination is a notifiable instrument.
Note A notifiable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(9) In this section:
special circumstances, of a person, means any of the following circumstances that relate to the person and significantly affect his or her ability to pay an infringement notice penalty:
(a) mental or intellectual disability, disease or illness;
(b) physical disability, disease or illness;
(c) addiction to drugs, alcohol or another substance;
(d) domestic violence;
(e) homelessness, or living in crisis or transitional or supported accommodation.
28C Approval of community work or social development program
(1) The Minister may approve a community work or social development program for this part.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
28D Waiver of penalty
(1) A person served with an infringement notice or a reminder notice may apply to the administering authority for waiver of—
(a) the infringement notice penalty; and
(b) a charge imposed for the service of a reminder notice.
Note If a form is approved under s 225 for this provision, the form must be used.
(2) The application must set out—
(a) the financial circumstances of the person served with the notice; and
(b) the special circumstances of the person served with the notice.
(3) The administering authority must allow an application if satisfied on reasonable grounds that—
(a) the applicant does not have, and is unlikely to have, the financial ability to pay the infringement notice penalty; and
(b) special circumstances exist in relation to the applicant; and
(c) enforcement action has not resulted in, or is unlikely to result in, the payment of the infringement notice penalty; and
(d) the applicant is not a suitable person to pay the penalty by attending an approved community work or social development program.
(4) The administering authority must—
(a) if the application is allowed—tell the person in writing about the waiver of the infringement notice penalty; and
(b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.
(5) In this section:
special circumstances, of a person—see section 28B (9).
7 Revocation of
suspension
Section 47 (1) (b)
substitute
(b) the infringement notice penalty payable by the person for the offence—
(i) is paid to the administering authority; or
(ii) is discharged by attending an approved community work or social development program under section 28B (Discharging penalty by community work or social development program); or
(iii) is waived under section 28D (Waiver of penalty).
insert
48A Revocation of suspension by road transport authority
(1) A person whose licence to drive is suspended under section 44 may apply to the road transport authority to revoke the suspension.
(2) The road transport authority may revoke the suspension if satisfied on reasonable grounds that the applicant is—
(a) paying the infringement notice penalty that gave rise to the suspension in compliance with the arrangements made under section 28A; or
(b) discharging the infringement notice penalty in compliance with the arrangements made under section 28B.
(3) If the road transport authority revokes the suspension under subsection (2) the authority must tell the applicant in writing—
(a) that the suspension has been revoked; and
(b) about the effect of subsection (4).
(4) If a suspension is revoked under subsection (2) and the applicant does not continue to comply with the arrangements made under section 28A or section 28B the road transport authority may send the applicant written notice to reinstate the suspension (a suspension reinstatement notice).
(5) A suspension reinstatement notice must state—
(a) particulars of the infringement notice and reminder notice to which the suspension relates; and
(b) particulars of the arrangements made under section 28A or section 28B that apply in relation to the infringement notice penalty; and
(c) that if the person does not take the stated steps to comply with the arrangements made under section 28A or section 28B by a stated date (the suspension reinstatement date) the road transport authority will suspend the person’s driver licence on the suspension reinstatement date; and
(d) any information prescribed by regulation; and
(e) any other information that the road transport authority considers appropriate.
(6) However, the suspension reinstatement date must not be earlier than 10 days after the day the suspension reinstatement notice is sent to the person.
(7) A suspension reinstatement under this section takes effect on the suspension reinstatement date.
(8) If the road transport authority takes suspension reinstatement action, the authority must send a suspension reinstatement confirmation notice to the person that states—
(a) the suspension reinstatement date; and
(b) the action that was taken on the suspension reinstatement date; and
(c) any information prescribed by regulation; and
(d) any other information that the road transport authority considers appropriate.
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Road Transport (Driver Licensing) Act 1999
substitute
(c) the person is served with an infringement notice for the offence, the person applies in accordance with the Road Transport (General) Act 1999 for payment of the infringement notice penalty by extension of time to pay, payment by instalments, discharge of penalty by community work or social development program, and the administering authority allows the person the option sought; or
(ca) the person is served with an infringement notice for the offence, the person applies in accordance with the Road Transport (General) Act 1999 for waiver of the requirement to pay, and the administering authority waives the payment; or
Part 1.2 Road Transport (General) Regulation 2000
[1.2] Schedule 2, new part 2.2
insert
Part 2.2 Road Transport (General) Act 1999
|
column 1
item |
column 2
provision |
column 3
decision |
|
1
|
28A
|
administering authority—refuse to allow payment by instalments
|
|
2
|
28B
|
administering authority—refuse to allow discharge of penalty by
community work or social development program
|
|
3
|
28D
|
administering authority—refuse to allow waiver of payment
|
|
4
|
48A
|
road transport authority—refuse to revoke suspension of driver
licence
|
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 22 February 2012.
2 Notification
Notified under the Legislation Act on 2012.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2012
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