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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Safety Council Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. Meanings of terms used in this Act 2
4. Establishment 2
5. Functions 2
6. Membership 3
7. Deputy of member 5
8. Nomination for appointment 5
9. Duration of appointment as member or deputy 6
10 . Remuneration and allowances 7
11 . Meetings 7
12 . Road Trauma Trust Fund 7
13 . Annual report 9
14 . Protection from liability for wrongdoing 9
15 . Other Acts amended 9
Schedule 1 -- Amendments to other
Acts 10
Division 1 -- Constitution Acts Amendment Act 1899 10
1. The Act amended 10
2. Schedule V Part 3 amended 10
Division 2 -- Financial Administration and Audit
Act 1985 10
3. The Act amended 10
4. Section 39 amended 10
Division 3 -- Road Traffic Act 1974 11
5. The Act amended 11
6. Section 5 amended 11
7. Part IIA repealed 11
page i
77--1
Road Safety Council Bill 2001
Contents
8. Section 101 amended 11
Division 4 -- Road Traffic Amendment Act 2000 11
9. The Act amended 11
10 . Section 6 repealed 11
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Road Safety Council Bill 2001
A Bill for
An Act for a council with functions relating to road safety and the
reduction of death, injury, and property damage, resulting from
incidents on roads, and to amend certain other Acts.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Road Safety Council Act 2001.
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Road Safety Council Bill 2001
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation
except as otherwise stated in subsection (2).
(2) Section 12(4) comes into operation when the Road Traffic
5 Amendment Act 2000 section 44 comes into operation unless
that is before it would come into operation under subsection (1).
3. Meanings of terms used in this Act
In this Act, unless the contrary intention appears --
"Council" means the Road Safety Council referred to in
10 section 4;
"officer" includes a person employed in a department of the
Public Service;
"public officer" means a Council member appointed under
section 6(1), other than under section 6(1)(a), (b), or (c);
15 "road" has the same meaning as it has in the Road Traffic
Act 1974;
"the Account" means the account called the "Road Trauma
Trust Fund" that is referred to in section 12.
4. Establishment
20 There is to be a body called the Road Safety Council.
5. Functions
The Council's functions are --
(a) to identify measures --
(i) to improve the safety of roads in the State; and
25 (ii) to reduce the deaths of people, the injuries to
people, and the damage to property, resulting
from incidents occurring on roads in the State;
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Road Safety Council Bill 2001
s. 6
(b) to recommend to relevant bodies and persons the action
that should be taken to implement those measures;
(c) to coordinate the implementation of those measures by
relevant bodies and persons;
5 (d) to evaluate and monitor the effectiveness of those
measures;
(e) to evaluate and monitor the safety of roads in the State;
and
(f) to recommend to the Minister how money standing to
10 the credit of the Account should be spent to implement
those measures and to facilitate the performance of the
Council's functions.
6. Membership
(1) The Council is to consist of 12 members appointed by the
15 Minister, being --
(a) a person to be the chairman of the Council;
(b) a person to represent users of roads;
(c) a person to represent local government, nominated by
the Western Australian Municipal Association;
20 (d) a person employed in the department of the Public
Service principally assisting the Minister in the
administration of this Act whose duties relate to road
safety;
(e) a person nominated under subsection (2) by the Minister
25 administering the provisions of the Road Traffic
Act 1974 that section 5 of that Act defines as the
"licensing provisions of this Act";
(f) a person nominated under subsection (3) by the Minister
administering the Police Act 1892;
30 (g) a person nominated under subsection (4) by the Minister
administering the School Education Act 1999;
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Road Safety Council Bill 2001
s. 6
(h) a person nominated under subsection (4) by the Minister
administering the Health Act 1911;
(i) a person nominated under subsection (4) by the Minister
administering the Main Roads Act 1930;
5 (j) a person nominated under subsection (5) by the Minister
administering the Transport Co-ordination Act 1966;
(k) a person nominated under subsection (6) by the Minister
administering the Western Australian Planning
Commission Act 1985; and
10 (l) a person nominated under subsection (7) by the Minister
administering the Insurance Commission of Western
Australia Act 1986.
(2) For the purposes of subsection (1)(e) the person nominated by
the relevant Minister must be either the chief executive officer
15 of the department of the Public Service principally assisting in
the administration of the provisions of the Road Traffic
Act 1974 that section 5 of that Act defines as the "licensing
provisions of this Act" or an officer in that department whose
duties relate to driver or vehicle licensing.
20 (3) For the purposes of subsection (1)(f) the person nominated by
the relevant Minister must be either the Commissioner of Police
or an officer in the Police Force or in the department of the
Public Service principally assisting that Minister in the
administration of the Police Act 1892 whose duties relate to
25 road safety.
(4) For the purposes of subsection (1)(g) to (i) the person
nominated by the relevant Minister must be either the chief
executive officer of the department of the Public Service
principally assisting that Minister in the administration of the
30 relevant Act or an officer in that department whose duties relate
to road safety.
(5) For the purposes of subsection (1)(j) the person nominated by
the relevant Minister must be either the chief executive officer
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Road Safety Council Bill 2001
s. 7
of the department of the Public Service principally assisting that
Minister in the administration of the Transport Co-ordination
Act 1966 or an officer in that department whose duties relate to
transport planning.
5 (6) For the purposes of subsection (1)(k) the person nominated by
the relevant Minister must be either the chief executive officer
of the department of the Public Service principally assisting that
Minister in the administration of the Western Australian
Planning Commission Act 1985 or an officer in that department
10 whose duties relate to urban and regional planning.
(7) For the purposes of subsection (1)(l) the person nominated by
the relevant Minister must be either the managing director of the
Insurance Commission of Western Australia or an officer of the
Commission whose duties relate to road safety.
15 7. Deputy of member
(1) The Minister may appoint a person as a deputy for a Council
member, other than the chairman.
(2) If a Council member could only be appointed on the nomination
of a person, only someone nominated by that person can be
20 appointed as a deputy for the member.
(3) If section 6 restricts who could be appointed, or nominated for
appointment, as the member, only someone who would be
eligible to be appointed, or nominated for appointment, as the
member can be appointed, or nominated for appointment, as the
25 member's deputy.
(4) The deputy of a Council member may act as the member at a
meeting of the Council if the member is absent or if no-one is
appointed as the member.
8. Nomination for appointment
30 (1) Whenever it is necessary to appoint a Council member or a
deputy on the nomination of a person, the Minister is to request
the person, in writing, to submit the person's written nomination
page 5
Road Safety Council Bill 2001
s. 9
and the Minister is not to make the appointment until the
nomination is received.
(2) If the Minister is the person whose nomination would otherwise
be required for an appointment, the requirement for a
5 nomination does not apply but the Minister can only appoint
someone who would have been eligible to be nominated.
9. Duration of appointment as member or deputy
(1) A Council member who is not a public officer, or the deputy of
such a member --
10 (a) is appointed for a term, not exceeding 3 years,
determined by the Minister and specified in the
instrument appointing the member or deputy;
(b) may resign by written notice given to the Minister.
(2) A person's eligibility for reappointment or the term for which a
15 person may be reappointed is not affected by an earlier
appointment.
(3) The Minister may revoke the appointment of a Council member
who is not a public officer, or of a deputy of such a member, if
the member or deputy --
20 (a) becomes incapable of carrying out satisfactorily the
duties of a Council member;
(b) is absent without the leave of the Council from
3 consecutive meetings of the Council of which he or
she has had notice; or
25 (c) becomes bankrupt or applies to take the benefit of any
law for the relief of bankrupt or insolvent debtors or
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit.
(4) A Council member who is a public officer, or the deputy of such
30 a member, ceases to be a member or deputy if he or she ceases
to be eligible to be appointed or nominated for appointment as
that member or deputy.
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Road Safety Council Bill 2001
s. 10
(5) The Minister may at any time revoke the appointment of a
Council member who is a public officer or of a deputy of such a
member but, if another Minister's nomination is required for the
appointment of a successor of that member or deputy, cannot do
5 so unless requested to do so by that other Minister.
10. Remuneration and allowances
Council members who are not public officers, and their
deputies, are entitled to the remuneration and allowances
determined by the Minister from time to time on the
10 recommendation of the Minister for Public Sector Management.
11. Meetings
(1) Subject to this section the Council is to determine the procedure
for convening and conducting its meetings.
(2) The chairman is to preside at Council meetings.
15 (3) In the absence of the chairman, a person elected by the Council
members present is to preside.
(4) The Council is to keep accurate minutes of its meetings.
12. Road Trauma Trust Fund
(1) There is to be an account called the "Road Trauma Trust Fund"
20 as part of the Trust Fund constituted under the Financial
Administration and Audit Act 1985 section 9.
(2) There is to be credited to the Account --
(a) one-third of each prescribed penalty paid pursuant to a
photograph-based vehicle infringement notice for an
25 offence to which the regulations specify that this
paragraph applies;
(b) any money appropriated by Parliament for the purposes
of the Account;
(c) any money received by way of donation, or otherwise
30 lawfully received, for the Account; and
page 7
Road Safety Council Bill 2001
s. 12
(d) the amount of any investment income, as defined in the
Financial Administration and Audit Act 1985
section 39(2), determined by the Treasurer (at a rate
determined by the Treasurer) to be attributable to the
5 investment under section 38 of that Act of money
standing to the credit of the Account.
(3) In subsection (2)(a) --
"photograph-based vehicle infringement notice" means a
traffic infringement notice under the Road Traffic Act 1974
10 that --
(a) alleges that an offence against the Road Traffic
Act 1974 has occurred of which the driving or being
in charge of a vehicle is an element; and
(b) is founded on a belief based on evidence that is
15 defined as "photographic evidence" in the provisions
of the Road Traffic Act 1974 about traffic
infringement notices,
and is addressed to and served on a person in circumstances
where --
20 (c) the name and address of the driver or person in
charge of the vehicle are not known and cannot
immediately be ascertained; and
(d) the identity of the vehicle can be ascertained from the
photographic evidence;
25 "prescribed penalty" means the penalty prescribed under the
Road Traffic Act 1974 for an offence if dealt with under
section 102.
(4) In the definition of "photograph-based vehicle infringement
notice" in subsection (3) --
30 "traffic infringement notice" includes a notice that, because of
the Road Traffic Act 1974 section 102D(2), is to be
regarded as being a traffic infringement notice.
page 8
Road Safety Council Bill 2001
s. 13
(5) For the purposes of the Financial Administration and Audit
Act 1985 the Account is to be administered by the department of
the Public Service principally assisting the Minister in the
administration of this Act.
5 (6) Money standing to the credit of the Account is to be applied for
the purposes determined by the Minister on the recommendation
of the Council.
(7) The Governor may make regulations specifying offences to
which subsection (2)(a) applies.
10 13. Annual report
(1) As soon as practicable after 1 July each year the Council is to
give the Minister a report on the activities of the Council in the
previous financial year.
(2) The Minister is to cause the report to be tabled in each House of
15 Parliament within 14 sitting days of that House after it is
received from the Council.
14. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
20 purported performance of a function under this Act.
(2) The Crown is also relieved of any liability that it might
otherwise have had for a person having done anything as
described in subsection (1).
(3) The protection given by this section applies even though the
25 thing done as described in subsection (1) may have been
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
15. Other Acts amended
30 Other Acts are amended as described in Schedule 1.
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Road Safety Council Bill 2001
Schedule 1 Amendments to other Acts
Schedule 1 -- Amendments to other Acts
[s. 15]
Division 1 -- Constitution Acts Amendment Act 1899
1. The Act amended
5 The amendments in this Division are to the Constitution Acts
Amendment Act 1899*.
[* Reprinted as at 8 June 2001.
For subsequent amendments see Act No. 12 of 2001.]
2. Schedule V Part 3 amended
10 Schedule V Part 3 is amended in the item relating to The Road Safety
Council by deleting "Road Traffic Act 1974." and inserting instead --
" Road Safety Council Act 2001. ".
Division 2 -- Financial Administration and Audit Act 1985
3. The Act amended
15 The amendments in this Division are to the Financial Administration
and Audit Act 1985*.
[* Reprinted as at 24 November 2000.
For subsequent amendments see 2000 Index to Legislation
of Western Australia, Table 1, p. 150-7, and Act No. 10
20 of 2001.]
4. Section 39 amended
Section 39(4) is repealed and the following subsection is inserted
instead --
"
25 (4) The amount of investment income to which the Road
Safety Council Act 2001 section 12(2)(d) applies is to
be credited in accordance with that provision.
".
page 10
Road Safety Council Bill 2001
Amendments to other Acts Schedule 1
Division 3 -- Road Traffic Act 1974
5. The Act amended
The amendments in this Division are to the Road Traffic Act 1974*.
[* Reprinted as at 19 October 2001.]
5 6. Section 5 amended
In section 5(1), the definition of "Council" is deleted.
7. Part IIA repealed
Part IIA is repealed.
8. Section 101 amended
10 Section 101 is amended as follows:
(a) by deleting "the Council, any Council member or deputy of a
Council member," and inserting instead the following --
" or any ";
(b) by deleting "the Council" in the second place where it occurs.
15 Division 4 -- Road Traffic Amendment Act 2000
9. The Act amended
The amendments in this Division are to the Road Traffic Amendment
Act 2000*.
[* Act No. 39 of 2000.]
20 10. Section 6 repealed
Section 6 is repealed if it has not come into operation when section 15
of this Act comes into operation.
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