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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 70
Traffic
Amendment Bill (No. 3) 2009
Mr
Giles
A Bill for an Act to amend the Traffic Act
NORTHERN TERRITORY OF AUSTRALIA
TRAFFIC AMENDMENT ACT (NO. 3) 2009
____________________
Act No. [ ] of 2009
____________________
Table of provisions
58 Transitional matters for Traffic Amendment Act (No. 3) 2009
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Traffic Act
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Traffic Amendment Act (No. 3) 2009.
This Act commences on the date fixed by the Administrator by Gazette notice.
Part
2 Amendment of Traffic
Act
3 Act
amended
This Part amends the Traffic Act.
(1) Section 29AB
insert (in alphabetical order)
Class C prescribed driving offence, see definition prescribed driving offence in this section.
(2) Section 29AB, definition prescribed driving offence, after paragraph (c)
insert
(d) a Class C prescribed driving offence.
(3) Section 29AB, definition subsequent offence, paragraph (b)
omit
section 29AG(2)(a).
substitute
section 29AG(2)(a); or
(4) Section 29AB, definition subsequent offence, after paragraph (b)
insert
(c) a Class C subsequent offence mentioned in section 29AG(3)(b).
5 Amendment of section 29AD (Power of police officer to impound vehicle)
Section 29AD(1), after "Class A prescribed driving offence"
insert
or a Class C prescribed driving offence
6 Amendment of section 29AG (Application of division)
After section 29AG(2)
insert
(3) This Division also applies if, within 5 years after a person (the offender) being found guilty of a Class C prescribed driving offence (the first Class C offence):
(a) the offender is found guilty of another Class C prescribed driving offence (the second Class C offence); or
(b) the offender is found guilty of one or more further Class C prescribed driving offences (each of which is a Class C subsequent offence) after being found guilty of the second Class C offence.
7 Amendment of section 29AH (Sentencing for second offence)
(1) Section 29AH, heading
omit
second Class A offence
substitute
second Class A or Class C offence
(2) Section 29AH(1)
omit
the second Class A offence
substitute
either the second Class A offence or the second Class C offence
(3) Section 29AH(2), after "second Class A offence"
insert
or the second Class C offence (as the case may be)
(4) Section 29AH(3), (5)(a) and (b) and (8)
omit (all references)
second Class A offence
substitute
second Class A offence or the second Class C offence
8 Amendment of section 29AI (Sentencing for subsequent offence)
Section 29AI(1)
omit, substitute
(1) This section applies after a court finds the offender guilty of:
(a) a Class A subsequent offence; or
(b) a Class C subsequent offence committed within 5 years after the first Class C offence.
9 Amendment of section 29AT (Impounding determination, impounding order and forfeiture order)
(1) After section 29AT(1)
insert
(1A) A person must not enter into a transaction relating to a motor vehicle, or remove anything fitted or attached to the vehicle, within 28 days after an impounding determination has been made for the vehicle if:
(a) the driver of the vehicle at the time of the alleged offence to which the determination relates was found guilty of one or more Class C prescribed driving offences within 5 years immediately before that time; and
(b) the person knows that:
(i) the driver has been found guilty of one or more of the offences within the 5 years; and
(ii) an impounding determination has been made for the vehicle.
Maximum penalty: 200 penalty units or imprisonment not exceeding 1 year.
(2) After section 29AT(2)
insert
(2A) A person must not enter into a transaction relating to a motor vehicle, or remove anything fitted or attached to the vehicle, if:
(a) a driver of the vehicle has been charged with, or issued with a summons for, a Class C prescribed driving offence (the relevant offence); and
(b) the driver was found guilty of a single Class C prescribed driving offence during the 5 years immediately before being charged with the relevant offence; and
(c) the person knows about the matters mentioned in paragraphs (a) and (b); and
(d) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for an impounding order for the relevant offence.
Maximum penalty: 200 penalty units or imprisonment not exceeding 1 year.
(3) Section 29AT(3)
omit
Subsections (1) and (2)
substitute
Subsections (1), (1A), (2) and (2A)
(4) After section 29AT(4A)
insert
(4B) A person must not enter into a transaction relating to a motor vehicle, or unlawfully remove anything fitted or attached to the vehicle, if:
(a) a driver of the vehicle is charged with, or issued with a summons for, a Class C prescribed driving offence (the relevant offence); and
(b) the driver was found guilty of 2 or more Class C prescribed driving offences during the 5 years immediately before being charged with the relevant offence; and
(c) the person knows about the matters mentioned in paragraphs (a) and (b); and
(d) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for a forfeiture order for the relevant offence.
Maximum penalty: 400 penalty units or imprisonment not exceeding 2 years.
10 Amendment of section 33 (Driving unregistered vehicle)
After section 33(3)(b)
insert
(ba) a motor vehicle being driven by the shortest practicable route to a storage place, within the meaning of section 29AB, under an impounding determination or impounding order;
11 Amendment of section 33A (Driving unregistered heavy vehicle)
After section 33A(6)(a)
insert
(aa) a heavy vehicle being driven by the shortest practicable route to a storage place, within the meaning of section 29AB, under an impounding determination or impounding order;
12 Amendment of section 51 (Regulatory offences)
Section 51
omit
29AT(1), (2), (4) (4A) and (5)
substitute
29AT(1), (1A), (2), (2A), (4), (4A), (4B) and (5)
After section 57
insert
58 Transitional matters for Traffic Amendment Act (No. 3) 2009
The Amendments to this Act made by the Traffic Amendment Act (No. 3) 2009, providing for impounding and forfeiture of vehicles for Class C prescribed driving offences, apply only in relation to Class C prescribed driving offences committed after the commencement of this section.
Part
3 Amendment of Traffic
Regulations
14 Regulations
amended
This Part amends the Traffic Regulations.
15 Amendment of regulation 91A (Certain driving offences prescribed for section 29AB of Act)
(1) Regulation 91A(c)(v)
omit
Act.
substitute
Act; and
(2) After regulation 91A(c)
insert
(d) an offence against any of the following provisions is a Class C prescribed driving offence:
(i) section 33(1)(a) of the Act;
(ii) section 33A(1)(a) of the Act.
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