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TRAFFIC AMENDMENT (SUSPENSION OF LICENCE) BILL 2006

Serial 80
Traffic Amendment (Suspension of Licence) Bill 2006
Ms Carney

A BILL
for

AN ACT
to amend the Traffic Act for the suspension of a licence in certain circumstances, and for other purposes

NORTHERN TERRITORY OF AUSTRALIA

TRAFFIC AMENDMENT (SUSPENSION OF LICENCE) ACT 2006

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Act No. [ ] of 2006

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TABLE OF PROVISIONS

   Section

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2006

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AN ACT

[Assented to [ ] 2006]

[Second reading [ ] 2006]

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 (Suspension of Licence) Act 2006.

PART 2 – AMENDMENT OF TRAFFIC ACT

2. Act amended

This Part amends the Traffic Act.

3. New section 52A

After section 52

insert

52A. Suspension of licence as additional penalty for repeated offenders

(1) This section applies to a person (the "offender") if:

(a) the offender is found guilty of any of the following offences (the "last offence"):

(i) an offence against regulation 5 or 6 of the Traffic Regulations;

(ii) an offence against a law of the Territory that is one of a kind specified in Schedule 1, column 1, item 3 to the Traffic Regulations; and

(b) the offender has been found guilty of at least 2 other offences that are covered by subparagraph (a)(i) or (ii) during the preceding 12 months.

Notes for subsection (1)

1. Regulations 5 and 6 provide for the prohibitions in relation to driving or travelling without being restrained by a seat belt.

2. The offence specified in the item mentioned in subsection (1)(a)(ii) relates to a failure to obey traffic lights.

(2) The court sentencing the offender for the last offence must make an order specifying that the offender is disqualified from driving a motor vehicle for 3 months from the date of the order.

(3) The court must make the order:

(a) in addition to any other penalty that may be imposed on the offender for the last offence; and

(b) whether or not any other penalty is imposed on the offender for the last offence.

(4) On the making of the order:

(a) a clerk of the court must notify the Registrar of the making of the order; and

(b) the offender is disqualified from driving a motor vehicle for 3 months from the date of the order; and

(c) any licence held by the offender is suspended until the end of the 3 months; and

(d) the offender must surrender any licence held by the offender to a police officer; and

(e) the offender must not hold, apply for or obtain any licence during the 3 months.

PART 3 – AMENDMENT OF TRAFFIC REGULATIONS

4. Regulations amended

This Part amends the Traffic Regulations.

5. Amendment of regulation 5 (Child must be restrained)

(1) Regulation 5(1)

omit

(1)

(2) Regulation 5(2)

omit

6. Amendment of regulation 6 (Seat belts)

Regulation 6(4)

omit

is fitted

substitute

has been fitted by the manufacturer of the vehicle

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