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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 98
Transport
Legislation Amendment Bill 2019
Ms
Lawler
A Bill for an Act to amend the Control of Roads Act 1953, the Motor Vehicles Act 1949 and the Traffic Act 1987
NORTHERN TERRITORY OF AUSTRALIA
TRANSPORT LEGISLATION AMENDMENT ACT 2019
____________________
Act No. [ ] of 2019
____________________
Table of provisions
54A Use
of immobilising
devices
95 Change
of
address
137E Information
sharing
43B Exemptions
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2019
____________________
An Act to amend the Control of Roads Act 1953, the Motor Vehicles Act 1949 and the Traffic Act 1987
[Assented to [ ] 2019]
[Introduced [ ] 2019]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Transport Legislation Amendment Act 2019.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Control of Roads Act
1953
3 Act
amended
This Part amends the Control of Roads Act 1953.
After section 54
insert
54A Use of immobilising devices
(1) The Commissioner of Police may authorise the use by police officers of a vehicle immobilising device:
(a) to prevent the use of a vehicle by a person for the purpose of escaping from lawful custody or avoiding lawful arrest; or
(b) to stop or assist in stopping a vehicle in connection with the pursuit of the vehicle by police officers.
(2) Section 54(a) does not apply to the placing or deploying of a vehicle immobilising device by a police officer acting in the course of the officer's duties.
(3) In this section:
vehicle immobilising device means a device capable of causing a vehicle to stop or preventing a vehicle from moving and includes a device designed for, or capable of, deflating tyres.
5 Section 62 amended (Regulations)
(1) Section 62, before "The"
insert
(1)
(2) Section 62, at the end
insert
(2) A regulation may prescribe fees payable under this Act for the issue of a licence or permit or the giving of an approval.
Part
3 Amendment of Motor Vehicles Act
1949
6 Act
amended
This Part amends the Motor Vehicles Act 1949.
7 Section 5 amended (Interpretation)
(1) Section 5(1), definition medical testing officer
omit
(2) Section 5(1)
insert
registered person, see section 11(1A).
8 Section 7 amended (Registrar, Deputy Registrar and other officers)
(1) Section 7(2)
omit
medical testing officers,
(2) Section 7(2)
omit
he
insert
the Registrar
(3) Section 7(3)
omit
shall be
insert
are
(4) Section 7(4)
omit
shall have and may exercise such
insert
has the
(5) Section 7(4)
omit
as the
insert
that the
9 Section 11 amended (Physical or mental incapacity or unfitness to hold licence)
(1) Section 11(1)
omit, insert
(1) In this section a reference to a person who is licensed to drive a motor vehicle includes a reference to a person who is licensed to drive a motor vehicle under a law of another country, a State or another Territory of the Commonwealth.
(1A) A registered person is:
(a) a medical practitioner; or
(b) a person registered under the Health Practitioner Regulation National Law (other than as a student) to practise in the occupational therapy, optometry or physiotherapy profession.
(2) Section 11(2)
omit
medical testing officer
insert
registered person approved by the Registrar
(3) Section 11(3)
omit (all references)
his or her
insert
the person's
(4) Section 11(4)
omit
he or she
insert
the registered person
(5) After section 11(4)
insert
(5) A registered person who provides information or advice to the Registrar in good faith under this section is not civilly or criminally liable, or in breach of any professional code of conduct, for providing the information or advice.
(1) Section 20A, heading, after "uncollected"
insert
or abandoned
(2) Section 20A(1)
omit
2004, the receiver
insert
2004 or as an abandoned vehicle in accordance with regulations under the Traffic Act 1987, the receiver or competent authority
(3) Section 20A(3), after "2004"
insert
or as an abandoned vehicle in accordance with the regulations under the Traffic Act 1987
Section 95(1) and (2)
replace
(1) A person to whom a certificate of registration, a licence or a permit has been granted must give notice of any change of the person's address to the Registrar.
(2) Notice under subsection (1) must be given within 14 days of the change.
After section 137D
insert
(1) The Registrar may share the following information with any registered person who is assisting the Registrar to assess an applicant's capacity or fitness to hold a licence in accordance with section 11:
(a) medical information received from a licensed driver or an applicant for a licence;
(b) any driving history of a licensed driver or an applicant for a licence.
(2) A person who receives information shared by the Registrar under subsection (1) must not intentionally disclose that information to any other person, unless:
(a) the Registrar requires or authorises the disclosure; or
(b) the licensed driver or applicant authorises the disclosure; or
(c) the disclosure is authorised or required by law; or
(d) the information is public knowledge.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
Part
4 Amendment of Traffic Act
1987
13 Act
amended
This Part amends the Traffic Act 1987.
14 Section 19 amended (Interpretation)
After section 19(6)
insert
(7) This Part applies to a person, other than a driving instructor, who holds a licence and is occupying a front passenger seat in a vehicle being driven by a learner driver as if the person is also a driver.
15 Section 21 amended (High range breath or blood alcohol content)
(1) Section 21(2)(e)
omit
section 24(1)).
insert
section 24(1));
(2) After section 21(2)(e)
insert
(f) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(3) After section 21(4)(c)
insert
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
(4) After section 21(5)(c)
insert
(ca) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
16 Section 22 amended (Medium range breath or blood alcohol content)
(1) Section 22(2)(e)
omit
section 24(1)).
insert
section 24(1));
(2) After section 22(2)(e)
insert
(f) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
17 Section 23 amended (Low range breath or blood alcohol content)
(1) Section 23(2)(e)
omit
section 24(1)).
insert
section 24(1));
(2) After section 23(2)(e)
insert
(f) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
18 Section 24 amended (Some drivers to be zero alcohol)
(1) Section 24(3)(f)
omit
offence).
insert
offence);
(2) After section 24(3)(f)
insert
(g) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
19 Section 25 amended (Driver of certain vehicles to be zero alcohol)
(1) Section 25(4)(f)
omit
offence).
insert
offence);
(2) After section 25(4)(f)
insert
(g) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
20 Section 26 amended (Driving Instructor)
After section 26(2)(f)
insert
(fa) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
21 Section 28 amended (Driving with certain drugs in body)
(1) Section 28(2)(c)
omit
test.
insert
test;
(2) After section 28(2)(c)
insert
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
22 Section 29AAA amended (Driving under influence)
(1) Section 29AAA(2)(e)
omit
section 24(1)).
insert
section 24(1));
(2) After section 29AAA(2)(e)
insert
(f) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
23 Section 29AAB amended (When police can pull driver over at random)
Section 29AAB(2)
omit, insert
(2) The driver must comply with the direction.
Maximum penalty: For a first offence – 10 penalty units or imprisonment for 12 months.
For a second or subsequent offence –20 penalty units or imprisonment for 12 months.
(3) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to submit to a saliva test;
(e) failing to give a sample of blood for analysis;
(f) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
(g) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(4) If a court finds a person guilty of a relevant offence, the person's licence to drive is automatically cancelled and the person is disqualified from:
(a) for a first offence – obtaining a licence for a period that is at least 12 months; and
(b) for a second or subsequent offence:
(i) obtaining a licence for a period (mandatory period) that is at least 18 months; and
(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 12 months and not more than 3 years.
Notes for subsection (4)
1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).
2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.
(5) However, a person is disqualified from obtaining a licence for a minimum period of 5 years if a court finds the person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:
(a) driving with a high range breath or blood alcohol content;
(b) failing to provide a sufficient sample of breath for a breath analysis;
(c) failing to submit to a saliva test;
(d) failing to provide a sample of blood for analysis;
(e) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(6) Also, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:
(a) driving with a medium range breath or blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
and the person has also been previously found guilty at any time of committing any of the following offences:
(e) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content;
(f) driving under the influence of alcohol or a drug;
(g) failing to provide a sufficient sample of breath for a breath analysis;
(h) failing to submit to a saliva test.
(i) failing to provide a sample of blood for analysis;
(j) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
the minimum period for which the person is disqualified from obtaining a licence is 5 years.
(7) A relevant offence is an immediate suspension offence.
24 Section 29AAC amended (Breath test and breath analysis)
(1) After section 29AAC(1)(a)
insert
(ab) the person is a driver who the officer has reasonable cause to suspect has committed an offence under this Act or the Motor Vehicles Act 1949;
(2) Section 29AAC(1)(b)(i)
omit
25 Section 29AAE amended (Offence of failing to submit to breath analysis)
(1) Section 29AAE(2)(e)
omit
section 24(1)).
insert
section 24(1));
(2) After section 29AAE(2)(e)
insert
(f) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(3) After section 29AAE(4)(c)
insert
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
(4) After section 29AAE(5)(c)
insert
(ca) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
26 Section 29AAF (Requirement for saliva test)
(1) After section 29AAF(1)(a)
insert
(ab) the person is a driver who the officer has reasonable cause to suspect has committed an offence under this Act or the Motor Vehicles Act 1949;
(2) Section 29AAF(1)(b)
omit, insert
(b) the officer has reasonable cause to suspect the person was the driver of a motor vehicle that was involved in a crash on a road, road-related area or public place.
27 Section 29AAFA amended (Offence of failing to submit to saliva test)
(1) Section 29AAFA(2)(c)
omit
test.
insert
test;
(2) After section 29AAFA(2)(c)
insert
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
28 Section 29AAG amended (Requirement to give blood sample)
(2) After section 29AAG(1)(a)
insert
(ab) has required the person to submit to a breath test or breath analysis under section 29AAC but the breath analysis instrument has failed to provide a result because of one of the following reasons:
(i) the breath analysis instrument is malfunctioning;
(ii) the person's BrAC is too high for the breath analysis instrument to measure; or
29 Section 29AAH amended (Offence of failing to provide blood sample)
(1) Section 29AAH(2)(e)
omit
section 24(1)).
insert
section 24(1));
(2) After section 29AAH(2)(e)
insert
(f) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(3) After section 29AAH(4)(c)
insert
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
(4) After section 21AAH(5)(c)
insert
(ca) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
(1) Section 30, heading
omit
or riding
(2) Section 30(1)
omit
or ride
(3) Section 30(4)(a)
omit
(4) After section 30(4)
insert
(5) A police officer does not commit an offence against subsection (1) if the police officer drives a vehicle in a manner that would otherwise contravene that subsection, but, in the circumstances:
(a) the police officer is acting in the execution of the police officer's duties; and
(b) the manner of driving is in accordance with any general orders as defined in the Police Administration Act 1978; and
(c) the police officer reasonably believes that:
(i) the manner of driving is necessary to prevent a serious risk to public safety; and
(ii) the necessity for the manner of driving outweighs the risk to public safety posed by the manner of driving.
31 Section 30A amended (Driving at dangerous speed)
(1) Section 30A(3)(a)
omit
(2) After section 30A(3)
insert
(4) A police officer does not commit an offence against subsection (1) if the police officer drives a vehicle at a speed that is 45km/h or more faster than the prescribed speed for the length of road, but, in the circumstances:
(a) the police officer is acting in the execution of the police officer's duties; and
(b) the speed of the vehicle is in accordance with any general orders as defined in the Police Administration Act 1978; and
(c) the police officer reasonably believes that:
(i) the speed of the vehicle is necessary to prevent a serious risk to public safety; and
(ii) the necessity for the speed of the vehicle outweighs the risk to public safety posed by the speed of the vehicle.
Section 43B
repeal, insert
(1) The Registrar may, by Gazette notice, exempt a person or class of persons specified in the notice from the application of a provision of this Act, subject to any conditions specified in the notice.
(2) An exemption under subsection (1) may apply in relation to a particular vehicle or class of vehicles.
(3) In determining whether to exempt a person or class of persons under subsection (1), the Registrar must have regard to the following matters in relation to the relevant class of vehicle:
(a) the speed capacity;
(b) the frequency of use in public streets or public places;
(c) any other matter the Registrar considers appropriate.
33 Section 44AA amended (Requirements for approval of device)
Section 44AA(4)
omit, insert
(4) The image and other information referred to in subsection (1) must be held in an electronic file that:
(a) complies with subsection (5); and
(b) is transferable to a printed form that contains the image and other information.
(5) The electronic file must meet either or both of the following requirements:
(a) the file is of a type that is unalterable;
(b) the file is protected by any means that:
(i) detects whether the image or other information held on the file is altered or the file is tampered with; and
(ii) prevents the image or other information held on the file from being used if the image or other information is altered or the file tampered with.
34 Section 53 amended (Regulations)
(1) Section 53(2)(z)
omit
Regulations.
insert
Regulations;
(2) After section 53(2)(z)
insert
(za) the liability of a licence holder occupying the front seat of a motor vehicle that is being driven by the holder of a learner licence for an offence committed against the Regulations by the learner;
(zb) the liability of the owner of a vehicle for an offence committed, in the vehicle, against the Regulations by an unidentifiable driver;
(zc) the prescribing of fees payable under this Act;
(zd) the approval by the Commissioner of a process for reporting a crash to a police officer where a report is required under the Regulations.
Part
5 Amendment of Traffic Regulations
1999
35 Regulations
amended
This Part amends the Traffic Regulations 1999.
36 Regulation 12 amended (Learners driving motor vehicles)
Regulation 12(10) amended
omit, insert
(10) A licence holder who is occupying a front seat of a vehicle that is being driven by a learner driver is liable for an offence against these Regulations that is committed by the driver as if the licence holder was the driver of the vehicle.
(11) It is a defence for a licence holder who is liable for an offence because of subregulation (10) if the licence holder proves that the licence holder took reasonable steps to prevent the learner from committing the offence.
37 Regulation 19 amended (Duties of driver after crash)
Regulation 19(2)
omit, insert
(2) In addition to subregulation (1), the driver must, as soon as practicable and not later than 24 hours after the crash, report the crash and provide the driver's name to:
(a) if the crash has resulted in injury to a person – a police officer at the nearest practicable police station; or
(b) in any other case – a police officer using a method approved by the Commissioner.
Part 6 Repeal
of
Act
38 Repeal
of Act
This Act is repealed on the day after it commences.
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