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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Suspension of South Eastern Freeway
Offences) Bill 2019
A BILL FOR
An Act to amend the
Motor
Vehicles Act 1959
and the
Road
Traffic Act 1961
.
Contents
Part 2—Amendment of Motor Vehicles
Act 1959
Part 3—Amendment of Road Traffic
Act 1961
Division 1—Amendments commencing on
assent
5Amendment of section 45C—Speed and
gear restrictions for trucks and buses on prescribed roads
Division 2—Amendments commencing 6
months after assent
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Suspension of South
Eastern Freeway Offences) Act 2019.
(1) Subject to subsection (2), this Act comes into operation on the
day on which it is assented to by the Governor.
(2) Part 2 and Part 3 Division 2 come into operation
6 months after the day referred to in subsection (1).
In this Act, a provision under a heading referring to the amendment of a
specified Act or variation of specified regulations amends or varies the Act or
regulations so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
4—Amendment
of section 81BC—Disqualification for certain offences relating to
section 45C of the Road Traffic
Act 1961
(1) Section 81BC(1)(a)—after "
Road
Traffic Act 1961
" insert:
that is a second, third or subsequent offence
(2) Section 81BC(1)(b)—after "(a section 79B
offence)" insert:
that is a second, third or subsequent offence
(3) Section 81BC(3)(a)—delete "the offence is a first offence
and"
(4) Section 81BC(3)(a)(i)—delete "that offence" and
substitute:
the offence referred to in subsection (2)
(5) Section 81BC(7)(b)(iii)(A)—delete "first" and
substitute:
second
(6) Section 81BC(7)(b)(iii)(B)—delete "second" and
substitute:
third
(7) Section 81BC(8)—delete "first, second" and
substitute:
second, third
Part 3—Amendment
of Road Traffic
Act 1961
Division 1—Amendments
commencing on assent
5—Amendment
of section 45C—Speed and gear restrictions for trucks and buses on
prescribed roads
Section 45C—after subsection (7) insert:
(8) Subsections (1)
and (2) do not apply during the period between—
(a) the commencement of Part 3 Division 1 of the
Statutes
Amendment (Suspension of South Eastern Freeway Offences)
Act 2019
; and
(b) the commencement of Part 3 Division 2 of that Act.
Division 2—Amendments
commencing 6 months after assent
6—Amendment
of section 45C—Speed and gear restrictions for certain trucks and
buses on prescribed roads
(1) Section 45C(1)—delete "truck or bus" and
substitute:
restricted truck or restricted bus
(2) Section 45C(2)—delete "driving a truck or bus" and
substitute:
driving a restricted truck or restricted bus
(3) Section 45C—after subsection (2) insert:
(2a) In determining whether an offence is a first or subsequent offence
for the purposes of subsection (1) or (2), any previous offence
against this section for which the defendant has been convicted will be taken
into account, but only if the previous offence was committed within the period
of 5 years immediately preceding the date on which the offence under
consideration was committed.
(4) Section 45C(3)—delete "of an offence" and substitute:
of a second, third or subsequent offence
(5) Section 45C(3)(a)—delete paragraph (a) and substitute:
(a) the court must order that the person is disqualified from holding or
obtaining a driver's licence—
(i) in the case of a second offence—for such period, being not less
than 9 months, as the court thinks fit; or
(ii) in the case of a third offence—for such period, being not less
than 15 months, as the court thinks fit; or
(iii) in the case of a subsequent offence—for such period, being not
less that 3 years, as the court thinks fit;
(6) Section 45C(4)—delete the subsection and substitute:
(4) In determining whether an offence is a second, third or subsequent
offence for the purposes of subsection (3), any previous offence against
this section for which the defendant has been convicted or that the defendant
has expiated will be taken into account, but only if the previous offence was
committed (or, in the case of an offence that has been expiated, was alleged to
have been committed) within the period of 5 years immediately preceding the date
on which the offence under consideration was committed.
(7) Section 45C(7)—after the definition of "relevant speed
limit" insert:
restricted bus means a bus with a GVM over
8 tonnes;
restricted truck means a truck with a GVM over 8
tonnes;
7—Amendment
of section 45D—Power of police to impose licence disqualification or
suspension for section 45C etc offences
(1) Section 45D(1)(a)—after "section 45C"
insert:
that is a second or subsequent offence
(2) Section 45D(1)(b)—after "(a section 79B
offence)" insert:
that is a second or subsequent offence
(3) Section 45D—after subsection (1) insert:
(1a) In determining whether an offence to which this section applies is a
second or subsequent offence for the purposes of this section—
(a) in the case of an offence against section 45C, any previous
offence against section 45C for which the person has been convicted or that the
person has expiated will be taken into account; and
(b) in the case of a section 79B offence, any previous
section 79B offence for which the person has been convicted or that the
person has expiated will be taken into account,
but only if the previous offence was committed or, in the case of an
offence that has been expiated, was alleged to have been committed, by the
person within the period of 5 years immediately preceding the date on which
the offence under consideration was committed.
8—Amendment
of section 79B—Provisions applying where certain offences are
detected by photographic detection devices
(1) Section 79B(2c)—delete "convicts a natural person of an
offence" and substitute:
convicts a natural person of a second, third or subsequent
offence
(2) Section 79B(2c)(a)—delete paragraph (a) and
substitute:
(a) the court must order that the person be disqualified from holding or
obtaining a driver's licence—
(i) in the case of a second offence—for such period, being not less
than 9 months, as the court thinks fit; or
(ii) in the case of a third offence—for such period, being not less
than 15 months, as the court thinks fit; or
(iii) in the case of a subsequent offence—for such period, being not
less that 3 years, as the court thinks fit;
(3) Section 79B(2c)(d)—delete paragraph (d)
(4) Section 79B—after subsection (2c) insert:
(2d) In determining whether an offence is a second, third or subsequent
offence for the purposes of subsection (2c), any previous offence against
this section constituted of being the owner of a vehicle that appears from
evidence obtained through the operation of a photographic detection device to
have been involved in the commission of an offence against section 45C(1)
for which the person has been convicted or that the person has expiated will be
taken into account, but only if the previous offence was committed or alleged to
have been committed within the period of 5 years immediately preceding the
date on which the offence under consideration was allegedly committed.
Part 4—Variation
of Road Traffic (Road Rules—Ancillary and
Miscellaneous Provisions) Regulations 2014
Regulation 9C—delete the regulation