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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
3. The Act amended 3
4. Section 5 amended 3
5. Section 8 amended 5
6. Part IVA replaced 5
Part IVA -- Authorisation to drive
Division 1 -- Preliminary
41A. Definitions 6
Division 2 -- Driver licensing
42. Regulations for driver licensing scheme 6
42A. Director General's licensing functions 9
42B. Certain licences authorise learner driving 9
42C. Dishonestly obtained driver's licence 9
42D. Driver's licence not to be granted or renewed
in certain circumstances 10
42E. Additional matters to do with identity 11
Division 3 -- Learner's permit
43. Learner's permit 13
Division 4 -- Other matters about driver
authorisations
44. Authorisation to drive without a driver's
licence 13
44A. Driving while undergoing driving test 14
44B. Recognition of authorisation of another
jurisdiction 14
44C. Things in other jurisdictions may affect
authorisation to drive in WA 15
44D. External territories and other countries 16
063--2 page i
Road Traffic Amendment Bill 2005
Contents
45. Exchange of information between jurisdictions 16
46. Security of information in driver's licence
register 17
47. Regulations may refer to published
documents 17
48. Transitional regulations 18
48A. Review of Director General's decisions under
this Part 18
7. Section 49 replaced 19
49. Driving while unlicensed or disqualified 19
8. Section 49A replaced 23
49A. Offence when authorisation to drive lost
because of penalty enforcement laws 23
9. Section 50 amended 24
10. Section 50A replaced 24
50A. Authorisation other than Australian driver
licence 24
11. Section 51 amended 25
12. Section 60 amended 26
13. Section 61 amended 26
14. Section 63 amended 26
15. Section 64 amended 27
16. Section 64AA amended 28
17. Section 64A amended and related amendments 28
18. Section 67 amended 29
19. Section 67A amended 30
20. Section 69 amended 30
21. Section 75 amended 31
22. Section 76 amended 32
23. Section 77 amended 35
24. Section 78 amended 35
25. Section 78A amended 35
26. Section 98 amended 36
27. Section 101A inserted 37
101A. Protection of people testing or examining or
giving certain information 37
28. Section 102 amended 37
29. Section 103 repealed 38
30. Sections 103A and 103B repealed 38
page ii
Road Traffic Amendment Bill 2005
Contents
31. Part VIA inserted 38
Part VIA -- Demerit points
Division 1 -- Preliminary
104. Definitions 38
104A. Demerit point offences in WA 40
104B. National demerit point offence schedule 40
104C. Demerit point registry jurisdiction 41
Division 2 -- Incurring demerit points
104D. Demerit point action after conviction 42
104E. Demerit point action after infringement notice 44
104F. No demerit point action against body
corporate 44
104G. What demerit point action is to be taken 44
Division 3 -- Consequences of demerit points
104H. Expiry of demerit points 45
104I. Excessive demerit points notice 45
104J. Making a section 104J election 46
104K. Double disqualification after section 104J
election 48
104L. Permanent disqualification ends section 104J
election period 50
104M. Cumulative effect of demerit points
disqualification 50
104N. Certain disqualifications after demerit points
disqualification or section 104J election 51
Division 4 -- Administrative and other provisions
104O. Demerit points register 52
104P. Obtaining Australian driver licence elsewhere 55
104Q. Holder of licence in another jurisdiction
applying 55
104R. How certain notices are to be given 56
104S. Regulations about certain transitional matters 57
104T. Regulations adapting to schemes of other
jurisdictions 57
32. Section 104 repealed 58
33. Section 105 amended 58
34. Section 106 amended 58
35. Sections 111AA and 111AB inserted and saving 58
111AA. Power to include areas in the scope of
specified regulations 58
111AB. Power to grant exemptions from specified
regulations 58
Part 3 -- Transitional provision
36. Existing demerit points 61
page iii
Road Traffic Amendment Bill 2005
Contents
Part 4 -- Consequential amendments
to other Acts
Division 1 -- Fines, Penalties and Infringement
Notices Enforcement Act 1994
37. Section 26 amended 62
Division 2 -- Motor Vehicle Drivers Instructors
Act 1963
38. The Act amended 63
39. Section 3 amended 63
40. Section 5 amended 63
41. Section 6 amended 64
42. Section 7 amended 65
Division 3 -- Road Traffic Amendment Act 1996
43. Section 8 amended 65
Division 4 -- Road Traffic Amendment (Vehicle
Licensing) Act 2001
44. The Act amended 66
45. Section 18 repealed if not commenced 66
46. Section 19 repealed if not commenced 66
47. Section 20 repealed if not commenced 66
48. Section 23 amended if not commenced 66
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Road Traffic Amendment Bill 2005
A Bill for
An Act to amend --
• the Road Traffic Act 1974;
• the Fines, Penalties and Infringement Notices Enforcement
Act 1994;
• the Motor Vehicle Drivers Instructors Act 1963;
• the Road Traffic Amendment Act 1996; and
• the Road Traffic Amendment (Vehicle Licensing) Act 2001,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Road Traffic Amendment Act 2005.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 3
Part 2 -- Road Traffic Act 1974
3. The Act amended
The amendments in this Part are to the Road Traffic Act 1974*.
[* Reprint 8 as at 16 July 2004.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 395-6
and Gazette 27 May 2005 p. 2306-08.]
4. Section 5 amended
Section 5(1) is amended as follows:
10 (a) in the definition of "driver", by deleting ", or in control
of,";
(b) by deleting the definition of "driver's licence" and
inserting instead --
"
15 "driver's licence" means a licence under this Act
authorising the holder to drive a motor vehicle on
a road, but does not include a learner's permit;
";
(c) by deleting the definition of "motor vehicle" and
20 inserting instead --
"
"motor vehicle" --
(a) in relation to authorisation to drive, means a
vehicle that is built to be propelled by a
25 motor that forms part of the vehicle;
(b) otherwise, means a self-propelled vehicle
that is not operated on rails, and includes a
trailer, semi-trailer or caravan while attached
to the vehicle, but does not include a power
30 assisted pedal cycle;
";
page 3
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 4
(d) by deleting the definitions of "repealed Act" and
"unrestricted licence";
(e) by inserting in the appropriate alphabetical positions the
following definitions --
5 "
"Australian driver licence" means --
(a) a driver's licence under this Act; or
(b) a licence or other authorisation granted to a
person under the law of another jurisdiction
10 authorising the person to drive a motor
vehicle on a road other than solely for the
purpose of learning to drive it;
"Australian driver licensing authority" means a
person or body having the authority to grant an
15 Australian driver licence;
"drive" includes --
(a) in relation to a vehicle, to have control over
the steering, movement or propulsion of the
vehicle;
20 (b) in relation to an animal, to be in control of
the animal,
regardless of whether the vehicle or animal is
usually referred to as being ridden rather than
driven;
25 "external licensing authority" means an authority
of --
(a) an external Territory, as defined in the Acts
Interpretation Act 1901 of the
Commonwealth; or
30 (b) another country,
by which any licence or authorisation to drive a
motor vehicle is granted;
page 4
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 5
"extraordinary licence" means a driver's licence that
the Director General grants as ordered under
section 76;
"jurisdiction" means --
5 (a) a State; or
(b) an internal Territory, as defined in the Acts
Interpretation Act 1901 of the
Commonwealth;
"learner's permit" means a learner's permit under
10 Part IVA Division 3;
"provisional licence" means an Australian driver
licence that specifies that it is a provisional licence
for the purposes of this Act or the law of another
jurisdiction under which the licence is granted;
15 ".
5. Section 8 amended
Section 8(1) is amended as follows:
(a) in the definition of "offence particulars" by deleting
"section 103" and inserting instead --
20 " Part VIA ";
(b) in the definition of "permit" by deleting "permit under
section 48C" and inserting instead --
" learner's permit ".
6. Part IVA replaced
25 Part IVA is repealed and the following Part is inserted
instead --
page 5
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 6
"
Part IVA -- Authorisation to drive
Division 1 -- Preliminary
41A. Definitions
5 In this Part, unless the contrary intention appears --
"condition" includes a limitation;
"driver's licence register" means the register referred
to in section 42(1)(a)(ii).
Division 2 -- Driver licensing
10 42. Regulations for driver licensing scheme
(1) The regulations are, together with this Part, to provide
for a driver licensing scheme under which --
(a) the Director General --
(i) grants people licences to drive motor
15 vehicles on roads; and
(ii) keeps a driver's licence register to
record information about drivers'
licences under this Act;
and
20 (b) the identification of people driving motor
vehicles under the authority of those licences is
facilitated.
(2) The particular purposes for which this Part provides
that regulations are to be, or may be, made do not
25 prevent anything in section 111 from applying to the
making of regulations for the purposes of this Part.
(3) The regulations may --
(a) classify the different kinds of authorisation to
drive that may be conferred by a driver's
page 6
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 6
licence and provide for a licence to be
designated according to the class or classes of
authorisation that the licence confers on the
holder;
5 (b) grade each class of authorisation to drive
according to the driving skills and other
requirements to be met before a person can
hold a driver's licence conferring authorisation
of that class;
10 (c) prescribe different endorsements of drivers'
licences that can be made, and the effect of
each endorsement;
(d) provide for schemes for assessing the
competency of people to hold drivers' licences;
15 (e) prescribe requirements for the holding of a
licence under this Part authorising the holder to
drive when learning that may differ from the
requirements for the holding of a driver's
licence appropriate for that driving when not
20 learning.
(4) The regulations may --
(a) provide for the manner and form in which an
application may be made for the grant, renewal,
or variation of a driver's licence;
25 (b) require an applicant for the grant, renewal, or
variation of a driver's licence to produce
information relevant to the application.
(5) The regulations may --
(a) provide for the grant or renewal of a driver's
30 licence and include provisions about refusal to
grant or renew a driver's licence;
(b) impose, or provide for the imposition of,
conditions on a driver's licence;
page 7
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 6
(c) provide for the granting of a driver's licence as
a provisional licence for the purposes of this
Act;
(d) fix the period for which a driver's licence
5 remains in force;
(e) include provisions about the disqualification of
a person from holding or obtaining a driver's
licence and the surrender, cancellation,
variation or suspension of a driver's licence;
10 (f) provide for the issue of a driver's licence
document to a person who has a driver's
licence;
(g) provide for --
(i) what is to be authorised by a licence
15 that, before an amendment to the
regulations, operated by reference to a
vehicle classification that no longer
exists; and
(ii) an expedited means for the licence
20 holder to obtain a licence authorising
anything that was formerly authorised
by the licence but, because of the
amendment, has ceased to be
authorised;
25 (h) prescribe circumstances in which a driver's
licence document has to be returned to the
Director General and prescribe how it is to be
returned;
(i) create offences involving the alteration,
30 destruction, or misuse of a driver's licence
document.
page 8
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 6
(6) The regulations may --
(a) provide for the Director General to disclose
information about a person who has applied for,
who holds, or who has held, a driver's licence;
5 (b) relieve any driver described in the regulations
from the requirement to comply with this Part,
or a specified provision of this Part or the
regulations.
42A. Director General's licensing functions
10 It is a function of the Director General to administer
the driver licensing scheme under this Part.
42B. Certain licences authorise learner driving
(1) The holder of an Australian driver licence may drive a
vehicle on a road even though --
15 (a) that licence is not sufficient authorisation to do
so; and
(b) the person does not hold a learner's permit
authorising the person to do so,
if the regulations specify a licence of that description as
20 authorising that driving to the same extent as if the
person held the appropriate learner's permit.
(2) This Act applies in respect of a person driving as
authorised by this section as if the person held a
learner's permit authorising that driving.
25 42C. Dishonestly obtained driver's licence
(1) If a person commits an offence under section 97(b) for
the purpose of obtaining the grant, renewal, or
variation of a driver's licence, the driver's licence is
void from the time when the offence is committed.
page 9
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 6
(2) A person must not, without lawful authority or excuse,
possess a driver's licence document for a licence that is
void because of subsection (1).
Penalty: 32 PU.
5 42D. Driver's licence not to be granted or renewed in
certain circumstances
(1) Except as allowed by subsection (2) or in a case
described in subsection (4), the Director General
cannot grant a driver's licence to a person unless --
10 (a) the Director General --
(i) is satisfied that the person usually
resides in this State; or
(ii) is satisfied that the person does not
usually reside in any other jurisdiction
15 and does not hold, and has never held,
an Australian driver licence granted
under the law of another jurisdiction;
and
(b) if the person has held --
20 (i) any Australian driver licence; or
(ii) any licence or authorisation to drive a
motor vehicle granted to the person by
an external licensing authority,
the person has ceased to hold the licence or
25 authorisation and has notified the Director
General, in a form approved by the Director
General, of that fact.
(2) Despite subsection (1), the Director General may, in
circumstances prescribed in the regulations, grant a
30 driver's licence to a person who still holds a licence or
authorisation to drive a motor vehicle granted to the
person by an external licensing authority.
page 10
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 6
(3) Except in a case described in subsection (4), the
Director General cannot renew a person's driver's
licence if the Director General --
(a) is no longer satisfied as section 42D(1)(a)
5 would require if that paragraph applied; or
(b) is satisfied that the person has any other licence
or authorisation because of which, if the person
were seeking the grant rather than the renewal
of the driver's licence, subsection (1) would
10 prevent the Director General from granting it.
(4) This section does not prevent the Director General
from granting an extraordinary licence to a person or
renewing a person's extraordinary licence --
(a) even though the person may not usually reside
15 in this State, and whether or not the person
usually resides in any other jurisdiction; and
(b) even though the person may have a licence or
authorisation referred to in subsection (1)(b).
(5) This section does not limit the circumstances in which
20 the Director General may refuse to grant or renew a
driver's licence.
42E. Additional matters to do with identity
(1) The Director General cannot grant or renew a driver's
licence until the applicant has provided, in support of
25 the application, any evidence required by the
regulations to establish the applicant's identity and
residential address in this State.
(2) Except as prescribed in the regulations, the Director
General cannot grant or renew a driver's licence unless
30 the applicant has, at the time of the application or
before, provided the Director General with --
(a) a photograph taken within 10 years of the
application; and
page 11
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 6
(b) a signature made within 10 years of the
application,
for use on the driver's licence document.
(3) The photograph and signature are to be provided in a
5 manner and form approved by the Director General.
(4) The Director General is to ensure that any photograph
or signature provided under this section is destroyed if
it, or a copy of it, has not been used on a driver's
licence document for a driver's licence granted or
10 renewed in the preceding 10 years.
(5) A person who, other than for the purposes of this Part,
possesses a photograph or signature provided under
this section that is not on a driver's licence document
commits an offence.
15 Penalty: Imprisonment for 2 years.
(6) A person employed or engaged in connection with any
aspect of the production of driver's licence documents
or otherwise concerned in the administration of this
Part, who, otherwise than in the administration of this
20 Part --
(a) reproduces, by any means, a photograph or
signature that appears, or is to appear, on a
driver's licence document; or
(b) causes or permits another person to do so,
25 commits an offence.
Penalty: Imprisonment for 2 years.
(7) In this section --
"destroyed" includes damaged so as to be unusable;
"photograph" includes a negative or an image stored
30 electronically.
page 12
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 6
Division 3 -- Learner's permit
43. Learner's permit
(1) The Director General may issue to a person a learner's
permit authorising the person to drive a motor vehicle
5 on a road solely for the purpose of learning to drive it.
(2) The permit does not authorise driving except in the
course of driving instruction by --
(a) the holder of a licence issued under the Motor
Vehicle Drivers Instructors Act 1963; or
10 (b) anyone else prescribed in the regulations.
(3) The permit must either set out in full or sufficiently
identify any condition to which it is subject other than
a condition imposed by this section or by the
regulations.
15 (4) The permit expires at the end of a period of 3 years
after the day on which it is issued unless it has
terminated before then, and the Director General may
cancel it at any time by notice in writing given to the
permit holder.
20 (5) Regulations may be made about learners' permits and,
without limiting what else may be dealt with in the
regulations, they may fix the minimum age below
which, unless the Director General is satisfied that
denial of the permit would occasion undue hardship or
25 inconvenience, a person cannot be issued with a
learner's permit.
Division 4 -- Other matters about driver authorisations
44. Authorisation to drive without a driver's licence
(1) The regulations may provide that a motor vehicle of a
30 class or kind prescribed in the regulations may, either
page 13
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 6
generally or in prescribed circumstances, be driven on
roads without the driver holding a driver's licence.
(2) The regulations may provide for the Director General
to permit a person to drive without holding a driver's
5 licence of a kind that would otherwise be required to
authorise that driving, and may provide for the Director
General to make the permission subject to conditions.
44A. Driving while undergoing driving test
If the Director General causes a person applying for a
10 driver's licence or an extension of the authority given
by a driver's licence to undergo a driving test for the
purposes of demonstrating the applicant's ability to
drive, the applicant is authorised to drive in the course
of the driving test as if the applicant were at that time
15 the holder of the appropriate driver's licence.
44B. Recognition of authorisation of another jurisdiction
(1) The regulations are to provide for the Director General
to recognise --
(a) another jurisdiction's driving authorisation; and
20 (b) any condition to which that authorisation is
expressed to be subject other than a
condition --
(i) that cannot apply in this State; or
(ii) that the regulations specify as not
25 needing to be recognised,
and are to specify the effects of that recognition for the
purposes of this Act.
(2) The recognition of another jurisdiction's driving
authorisation cannot, at a particular time, authorise its
30 holder to drive in this State to any greater extent than
the recognised authorisation would, at that time,
authorise the holder to drive in the other jurisdiction.
page 14
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 6
(3) Subsection (2) does not prevent the holder of another
jurisdiction's driving authorisation from being
authorised to drive in this State to a greater extent than
the recognised authorisation would authorise the holder
5 to drive in the other jurisdiction because of a condition
described in subsection (1)(b)(i) or (ii).
(4) In this section --
"another jurisdiction's driving authorisation"
means a licence or other authorisation granted to a
10 person under the law of another jurisdiction
authorising the person to drive a motor vehicle on
a road whether or not solely for the purpose of
learning to drive it.
44C. Things in other jurisdictions may affect
15 authorisation to drive in WA
(1) The regulations may provide for the recognition of --
(a) an offence under the law of another jurisdiction
or any other matter relevant for the purposes of
a driver licensing scheme under the law of
20 another jurisdiction;
(b) a disqualification from holding or obtaining a
driver licence, a restriction on the driver licence
that may be held or obtained, or the suspension
of a driver licence, imposed under the law of
25 another jurisdiction;
(c) anything under the law of another jurisdiction
corresponding to an excessive demerit points
notice under section 104I(1) or an election
under section 104J(1),
30 and, if they do, are to specify the effects of that
recognition for the purposes of this Act.
page 15
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 6
(2) In subsection (1) --
"driver licence" means any licence or authorisation
that is an Australian driver licence.
44D. External territories and other countries
5 (1) The regulations may provide for the Director General
to recognise --
(a) any authorisation or status that a person has
under a foreign law about driving; and
(b) any offence that a person has committed against
10 any foreign law about driving,
and, if they do, are to specify the effects of that
recognition for the purposes of this Act.
(2) In subsection (1) --
"foreign law" means the law of an external territory,
15 as defined in the Acts Interpretation Act 1901 of
the Commonwealth, or the law of another country.
45. Exchange of information between jurisdictions
(1) The Director General may provide to another
Australian driver licensing authority any information
20 sought by that authority for the purposes of performing
that authority's functions to do with driver licensing.
(2) If the Director General provides to another Australian
driver licensing authority information about an offence
of which a person has been convicted or for which a
25 person has been given an infringement notice, the
Director General is also to provide information of --
(a) any quashing of the conviction;
(b) any withdrawal of the infringement notice or
the matter coming before a court for
30 determination;
page 16
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 6
(c) any withdrawal of proceedings under Part 3 of
the Fines, Penalties and Infringement Notices
Enforcement Act 1994 in respect of the
infringement notice; or
5 (d) anything else known to the Director General
concerning the offence, the disclosure of which
is likely to be favourable to that person.
(3) The Director General may seek from another
Australian driver licensing authority any information
10 that the Director General considers relevant for the
purposes of performing functions under this Act.
(4) The Director General may, for the purposes of
performing functions under this Act, use information
obtained from another Australian driver licensing
15 authority.
(5) In this section --
"infringement notice" has the same meaning as it has
in Part VIA.
46. Security of information in driver's licence register
20 The Director General must ensure that information
contained in the driver's licence register that --
(a) would disclose the name, address, date of birth,
or any medical details of an individual; or
(b) has commercial sensitivity for the person about
25 whom it is kept,
is not released except as provided by the regulations.
47. Regulations may refer to published documents
(1) Regulations made for the purposes of this Part may
adopt the text of any published document specified in
30 the regulations --
(a) as that text exists at a particular date; or
page 17
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 6
(b) as that text may from time to time be amended.
(2) The text may be adopted --
(a) wholly or in part;
(b) as modified by the regulations.
5 (3) The adoption may be direct (by reference made in the
regulations), or indirect (by reference made in any text
that is itself directly or indirectly adopted).
(4) The adoption of text is of no effect unless --
(a) the adopted text; and
10 (b) if text is adopted as it may be amended from
time to time, either --
(i) the amendments to the text; or
(ii) the text as amended,
can at all reasonable times be inspected or purchased
15 by the public.
48. Transitional regulations
Regulations may contain provisions that are necessary
or convenient for dealing with matters concerning the
transition from the provisions applying before the
20 commencement of section 6 of the Road Traffic
Amendment Act 2005 to the provisions of this Part, or
regulations made under this Part, applying after that
commencement.
48A. Review of Director General's decisions under
25 this Part
The regulations may --
(a) provide for the review of a decision of the
Director General made under this Part; and
page 18
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 7
(b) give the Commissioner of Police a right to be
heard in proceedings for the review of a
decision of the Director General made under
this Part.
5 ".
7. Section 49 replaced
Section 49 is repealed and the following section is inserted
instead --
"
10 49. Driving while unlicensed or disqualified
(1) A person who --
(a) drives a motor vehicle on a road while not
authorised under Part IVA to do so; or
(b) employs or permits another person to drive a
15 motor vehicle as described in paragraph (a),
commits an offence.
Penalty:
(a) unless subsection (3) applies --
(i) for a first offence, 6 PU;
20 (ii) for a subsequent offence, 12 PU;
(b) if subsection (3)(d), but no other paragraph
of subsection (3), applies --
(i) a fine of not less than 4 PU or more than
30 PU; and
25 (ii) imprisonment for not more than
12 months,
and the court may order that the offender be
disqualified from holding or obtaining a
driver's licence for a period of not more
30 than 3 years;
page 19
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 7
(c) if subsection (3)(a), (b), or (c) applies --
(i) for a first offence, a fine of not less than
8 PU or more than 40 PU, and
imprisonment for not more than
5 12 months;
(ii) for a subsequent offence, a fine of
not less than 20 PU or more than 80 PU,
and imprisonment for not more than
18 months,
10 and the court shall order that the offender
be disqualified from holding or obtaining a
driver's licence for a period of not less than
9 months and not more than 3 years.
(2) It is a defence to a charge of an offence under
15 subsection (1) to prove that the motor vehicle was
driven in accordance with --
(a) regulations referred to in section 44(1); or
(b) a necessity permit under section 49A.
(3) If an offence under subsection (1)(a) is committed by a
20 person --
(a) who has applied for, but has been refused, an
Australian driver licence of a kind required;
(b) who has never held an Australian driver licence
of a kind required and is disqualified from
25 holding or obtaining an Australian driver
licence of a kind required other than for the
reason described in paragraph (d) or who has
held an Australian driver licence of a kind
required but ceased to hold the licence of that
30 kind most recently held other than --
(i) because the person voluntarily
surrendered the licence most recently
held or it expired; or
page 20
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 7
(ii) for the reason described in
paragraph (d);
(c) whose authority to drive, whether under an
Australian driver licence or otherwise, is for the
5 time being suspended other than for the reason
described in paragraph (d); or
(d) who is no longer authorised to drive because of
penalty enforcement laws, as described in
subsection (9),
10 a member of the Police Force may, without a warrant,
arrest the person.
(4) A person who would only come within a description in
subsection (3)(a), (b), or (c) because of a decision for
the review of which an application had been made to
15 the State Administrative Tribunal is excluded from that
description if the application had been made, but not
determined, when the offence under subsection (1)(a)
was committed.
(5) If a person to whom the Director General has been
20 ordered under section 76(3) to grant an extraordinary
licence commits an offence under subsection (1)(a) --
(a) before the extraordinary licence is granted; or
(b) when the extraordinary licence has expired and
has not been renewed,
25 neither the order nor any extraordinary licence granted
affects subsection (3).
(6) An offence under subsection (1) is a subsequent
offence if the offender has previously been convicted
of any offence under that subsection as in force at any
30 time, except that, if subsection (3)(a), (b), or (c) applies
to an offence under subsection (1)(a), the offence is a
subsequent offence only if the person has previously
been convicted of a relevant offence.
page 21
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 7
(7) In subsection (6) --
"relevant offence" means --
(a) an offence under subsection (1)(a) as in force
after the commencement of section 7 of the
5 Road Traffic Amendment Act 2005 being an
offence to which subsection (3)(a), (b), or (c)
applied; or
(b) an offence under subsection (1)(a) as in
force at a time before the commencement
10 of section 7 of the Road Traffic Amendment
Act 2005 being an offence that would have
been taken into account in determining
whether another offence committed before
that commencement, in circumstances
15 mentioned in section 49(2)(a)(ii) or (iii) or
(2)(b) as then in force, would have been a
first or subsequent offence.
(8) A period of disqualification ordered under
subsection (1) is cumulative upon --
20 (a) any other period of disqualification to which
the person may then be subject; or
(b) any period for which the operation of a driver's
licence held by the person may currently be
suspended.
25 (9) When subsection (3)(d) refers to a person who is no
longer authorised to drive because of penalty
enforcement laws, it means that the person --
(a) has been disqualified from holding or obtaining
a driver's licence under section 19 or 43 of the
30 Fines, Penalties and Infringement Notices
Enforcement Act 1994; or
(b) is the subject of any disqualification or
suspension under a law of another jurisdiction
page 22
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 8
that is prescribed to be a corresponding law for
the purposes of this subsection.
".
8. Section 49A replaced
5 Section 49A is repealed and the following section is inserted
instead --
"
49A. Offence when authorisation to drive lost because of
penalty enforcement laws
10 (1) This section applies if a police officer finds a person
(the "driver") committing an offence under
section 49(1)(a) in the circumstances referred to in
section 49(3)(d).
(2) If this section applies and the police officer suspects on
15 reasonable grounds that, at the time of committing the
offence, the driver --
(a) did not know of the circumstances referred to in
section 49(3)(d); and
(b) had not been cautioned previously under this
20 section since those circumstances came about,
the police officer may decline to charge the driver with
an offence under section 49(1)(a) and may instead
issue a caution to the driver.
(3) The caution must be in a prescribed form.
25 (4) If this section applies and it appears to the police
officer that it would be impracticable, or may
jeopardise the safety of any person, for the driver to
immediately cease driving --
(a) if the police officer issues a caution, the caution
30 must include a necessity permit; and
(b) in any other case, the police officer may grant
the driver a necessity permit.
page 23
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 9
(5) In subsection (4) --
"necessity permit" means a permit for the driver to
drive by the shortest practicable route to a place
specified in the permit.
5 ".
9. Section 50 amended
Section 50 is amended as follows:
(a) by deleting "permit issued under section 48C(1)" and
inserting instead --
10 " learner's permit ";
(b) by deleting "endorsed on the permit under
section 48C(2)" and inserting instead --
" to which the permit is subject ";
(c) by deleting "pursuant to section 48C(1)" and inserting
15 instead --
" under section 43(2) ".
10. Section 50A replaced
Section 50A is repealed and the following section is inserted
instead --
20 "
50A. Authorisation other than Australian driver licence
(1) A person whose authority to drive depends on a licence
or authorisation granted under the law of an external
licensing authority is required --
25 (a) while driving a motor vehicle on a road, to
carry --
(i) the official document that is evidence of
that licence or authorisation; and
(ii) if the official document is not in the
30 English language, a translation of it into
page 24
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 11
the English language verified by a
person or body approved by the Director
General;
and
5 (b) to produce that document for inspection at the
request of any member of the Police Force.
(2) If the person fails to comply with any condition to
which the licence or authorisation is subject that can
lawfully be complied with in this State, the person
10 commits an offence.
Penalty:
(a) for a first offence, 8 PU;
(b) for a subsequent offence, 16 PU.
".
15 11. Section 51 amended
(1) Section 51(1) is amended by deleting "driver's licence issued on
probation" and inserting instead --
" driver's licence that is a provisional licence ".
(2) Section 51(3) is repealed and the following subsection is
20 inserted instead --
"
(3) Where the holder of a driver's licence that is a
provisional licence is disqualified under Part VIA from
holding or obtaining a driver's licence, the provisional
25 licence is, by operation of this subsection, cancelled.
".
(3) Section 51(4) is amended as follows:
(a) by deleting "driver's licence issued on probation" and
inserting instead --
30 " driver's licence that is a provisional licence ";
page 25
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 12
(b) by deleting "expiration of the period for which the
licence was expressed to be issued or renewed." and
inserting instead --
" time when the licence would be due to expire. ".
5 (4) Section 51(5) is repealed and the following subsection is
inserted instead --
"
(5) Subsection (5a) applies to a person if --
(a) the person does not hold a driver's licence; and
10 (b) the regulations would require that, if a driver's
licence were to be granted to the person, it be a
provisional licence.
".
(5) Section 51(5b) is repealed.
15 12. Section 60 amended
Section 60(4) is repealed.
13. Section 61 amended
Section 61(4) is amended by deleting "section 31 or 31A of the
repealed Act, or section 59 or 60 of this Act" and inserting
20 instead --
" section 59, 59A, or 60 ".
14. Section 63 amended
(1) Section 63(2) is amended by deleting paragraph (a) and
inserting the following paragraph instead --
25 "
(a) for a first offence --
(i) if the person has been previously
convicted of an offence against
section 64, to a fine of --
page 26
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 15
(I) not less than the minimum fine
that would apply if the offence
were against that section
instead of this section; and
5 (II) not more than 50 PU,
and, in any event, the court convicting
that person shall order that the person be
disqualified from holding or obtaining a
driver's licence for a period of not less
10 than the minimum period of
disqualification that would apply if the
offence were against that section instead
of this section;
(ii) in any other case, to a fine of not less
15 than 16 PU or more than 50 PU; and, in
any event, the court convicting that
person shall order that the person be
disqualified from holding or obtaining a
driver's licence for a period of not less
20 than 6 months;
".
(2) Section 63(3) is amended by deleting "section 32 of the
repealed Act or".
15. Section 64 amended
25 Section 64 is amended as follows:
(a) in the Table to subsection (2), by deleting "but
< 0.15%";
(b) in subsection (3), by deleting "section 32 or 32AA of the
repealed Act, or section 32B(9) of the repealed Act as in
30 force after the coming into operation of the Traffic Act
Amendment Act (No. 2) 1968 or section 63 or 67 of this
Act" and inserting instead --
" section 63 or 67 ".
page 27
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 16
16. Section 64AA amended
Before section 64AA(3) the following subsections are
inserted --
"
5 (2b) For the purposes of this section, an offence is a second
or subsequent offence against this section irrespective
of the percentage of alcohol in the blood on the
occasion of the commission of any previous offence
against this section.
10 (2c) For the purposes of this section, where a person is
convicted of an offence against this section any offence
previously committed by the person against section 63,
64, or 67 shall be taken into account and be deemed to
have been an offence against this section (but not to the
15 exclusion of any other previous offence against this
section) in determining whether that first-mentioned
offence is a first, second or subsequent offence.
".
17. Section 64A amended and related amendments
20 (1) Section 64A(1) is amended by deleting "Except as provided in
subsection (2), a person" and inserting instead --
" A person to whom this subsection applies ".
(2) Section 64A(2) is amended by deleting all of the subsection
before paragraph (c) and inserting instead --
25 "
(2) Subsection (1) applies to a person who --
(a) holds a provisional licence;
(b) if an Australian driver licence could be granted
to the person, could only obtain a provisional
30 licence,
".
page 28
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 18
(3) Each provision specified in the Table to this subsection is
amended by deleting "64A" and inserting instead --
" 64A(1) ".
Table
5 section 63(6) section 64AA(3)
section 64(4) section 66(2)(a)(ii)
(4) Each provision specified in the Table to this subsection is
amended by deleting "that section" and inserting instead --
" section 64A(1) ".
10 Table
section 63(6) section 64AA(3)
section 64(4)
18. Section 67 amended
(1) Section 67(3)(a) is deleted and the following paragraph is
15 inserted instead --
"
(a) for a first offence --
(i) if the person has been previously
convicted of an offence against
20 section 64, to a fine of --
(I) not less than the minimum fine
that would apply if the offence
were against that section
instead of this section and the
25 relevant percentage of alcohol
in the person's blood exceeded
0.14%; and
(II) not more than 50 PU,
and, in any event, the court convicting
30 that person shall order that the person be
disqualified from holding or obtaining a
driver's licence for a period of not less
page 29
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 19
than the minimum period of
disqualification that would apply if the
offence were against that section instead
of this section and the relevant
5 percentage of alcohol in the person's
blood exceeded 0.14%;
(ii) in any other case, to a fine of not less
than 16 PU or more than 50 PU; and, in
any event, the court convicting that
10 person shall order that the person be
disqualified from holding or obtaining a
driver's licence for a period of not less
than 6 months;
".
15 (2) Section 67(4) is amended by deleting "section 32 of the
repealed Act or section 63 of this Act" and inserting instead --
" section 63 ".
19. Section 67A amended
Section 67A(4) is amended by deleting "section 32 or 32AA of
20 the repealed Act, or section 32B(9) of the repealed Act as in
force after the coming into operation of the Traffic Act
Amendment Act (No. 2) 1968 or section 63, 64 or 67 of this Act"
and inserting instead --
" section 63, 64, or 67 ".
25 20. Section 69 amended
After section 69(1) the following subsection is inserted --
"
(1a) If, instead of a sample of a person's blood being taken
and divided into 2 parts, 2 samples of the person's
30 blood are taken one immediately after the other, and in
a manner prescribed in the regulations --
page 30
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 21
(a) the taking of those 2 samples is to be regarded
as the taking of a single sample at the time at
which the first of the 2 samples began to be
taken; and
5 (b) each of the 2 samples taken is to be regarded as
a part into which the single sample has been
divided.
".
21. Section 75 amended
10 (1) Section 75(2), (2a), (2b), and (3) are each amended by deleting
"permit under section 48C" and inserting instead --
" learner's permit ".
(2) Section 75(2) is amended by deleting "expiration of the period
for which the licence was expressed to be issued or renewed or
15 to extend the period for which the permit is valid or effective
beyond the expiration of the period of 12 months from the date
of its issue." and inserting instead --
" time when it would be due to expire. ".
(3) Section 75(2c)(a) is amended by deleting "driver's licence
20 issued on probation;" and inserting instead --
" provisional licence; ".
(4) Section 75(2c)(b) is deleted and the following paragraph is
inserted instead --
"
25 (b) otherwise, includes reference to an
extraordinary licence or any other driver's
licence and whether or not it is already
suspended.
".
30 (5) Section 75(3) is amended by deleting "under section 76".
page 31
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 22
(6) Section 75(6) is amended as follows:
(a) in paragraph (a), by deleting "section 32 or 32AA of the
repealed Act or";
(b) in paragraph (c) --
5 (i) by deleting "section 32B(9) of the repealed Act
as in force after the coming into operation of the
Traffic Act Amendment Act (No. 2) 1968 or"; and
(ii) by deleting ", in either case,".
22. Section 76 amended
10 (1) Section 76(1aa) is repealed and the following subsections are
inserted instead --
"
(1aa) For the purposes of subsection (1), being prevented
under --
15 (a) section 42D; or
(b) regulations made for the purposes of
section 44C,
from being granted a driver's licence does not amount
to being disqualified under this or any other Act from
20 holding or obtaining a driver's licence.
(1ab) To the extent that anything in this section may be
inconsistent with anything in Part IVA or regulations
made for the purposes of that Part, this section prevails.
(1ac) An extraordinary licence cannot authorise a person to
25 drive at any time while the person is disqualified from
holding or obtaining a driver's licence --
(a) under Part VIA; or
page 32
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 22
(b) because of a licence suspension order under the
Fines, Penalties and Infringement Notices
Enforcement Act 1994,
and an application for an order directing that a person
5 be granted an extraordinary licence cannot be made,
received or heard under subsection (1) while the person
is disqualified as described in paragraph (a) or (b).
(1ad) In the case of a licence suspension order,
subsection (1ac) has effect whether or not the
10 disqualification under the order is concurrent with any
other disqualification from holding or obtaining a
driver's licence.
".
(2) Section 76(1a)(b) is amended by deleting "section 32AA of the
15 repealed Act, or section 32B(9) of the repealed Act as in force
after the coming into operation of the Traffic Amendment Act
(No. 2) 1968 or".
(3) Section 76(3) is amended by deleting "under this section" after
"extraordinary licence".
20 (4) Section 76(3a) is amended by deleting "driver's" after
"extraordinary".
(5) Section 76(5)(a) is amended by deleting "under this section"
after "extraordinary licence".
(6) Section 76(5)(a)(i) is amended by deleting "section 42(2)" and
25 inserting instead --
"
regulations under Part IVA about
applying for a driver's licence
".
page 33
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 22
(7) After section 76(6) the following subsection is inserted --
"
(6a) If there is no longer any disqualification referred to in
subsection (1) still in effect, any extraordinary licence
5 ceases to have effect despite subsections (3) and (6).
".
(8) Section 76(9)(b) is amended as follows:
(a) by deleting subparagraph (iii) and inserting the
following subparagraph instead --
10 "
(iii) is no longer capable of driving as
authorised by the licence;
";
(b) in subparagraph (v), by deleting "State or in a Territory"
15 and inserting instead --
" jurisdiction ".
(9) Section 76 is amended by deleting "issue", and words deriving
from it, and replacing them as shown in the Table to this
subsection.
20 Table
where what is deleted what replaces it
section 76(1) "issue" "grant"
section 76(3) "issue" "grant"
section 76(3) "issued" "granted"
section 76(3a) "issue" "grant"
section 76(5)(a) "issue" "grant"
section 76(5)(a)(i) "issued" "granted"
section 76(5)(b) "issuing" "granting"
section 76(6) "issued" "granted"
section 76(7)(a) "issued" "granted"
section 76(7)(b) "issued" "granted"
section 76(8)(a) "issued" "granted"
section 76(8)(b) "issued" "granted"
page 34
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 23
23. Section 77 amended
Section 77(1) is amended as follows:
(a) by deleting "to whom an extraordinary licence has been
issued pursuant to the provisions of section 76" and
5 inserting instead --
" who has an extraordinary licence ";
(b) by deleting paragraph (b) and inserting the following
paragraph instead --
"
10 (b) other than as authorised by the licence;
".
24. Section 78 amended
Section 78(2) is repealed and the following subsection is
inserted instead --
15 "
(2) An application under subsection (1) is made --
(a) if the disqualification was imposed by the
Supreme Court, to the Supreme Court;
(b) otherwise, to the District Court.
20 ".
25. Section 78A amended
Section 78A is amended in the definition of "impounding
offence (driver's licence)" by deleting all of the definition after
"circumstances in which --" and inserting instead --
25 "
(a) the driver had applied for the grant or
renewal of a driver's licence and had been
refused on a ground involving --
(i) the driver's addiction to alcohol or
30 drugs; or
page 35
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 26
(ii) another factor that affects, or is likely to
affect, the driver's ability to control a
motor vehicle;
(b) the driver had held a driver's licence that had
5 been cancelled on a ground described in
paragraph (a); or
(c) the driver held a driver's licence the
operation of which was suspended on a
ground described in paragraph (a);
10 ".
26. Section 98 amended
Section 98(1a) is repealed and the following subsections are
inserted instead --
"
15 (1a) In any prosecution or proceedings for an offence under
this Act an averment in the prosecution notice that the
alleged offender was, at the time of the alleged offence,
a person to whom section 64A applied is to be taken to
be proved in the absence of proof to the contrary.
20 (1b) For the purposes of any prosecution or proceedings for
an offence under this Act or verifying the accuracy of
information provided under Part IVA to another
Australian driver licensing authority, the Director
General or a person authorised by the Director General
25 may issue a certificate stating that a fact specified in
the certificate appears in or is derived from the driver's
licence register under Part IVA or another record kept
by the Director General under this Act.
(1c) A certificate purporting to be issued under
30 subsection (1b) or under a law in force in another
jurisdiction that corresponds to that subsection is
evidence of any fact stated in the certificate.
".
page 36
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 27
27. Section 101A inserted
After section 101 the following section is inserted --
"
101A. Protection of people testing or examining or giving
5 certain information
(1) The protection given by this section is in addition to
any protection given by section 101.
(2) Proceedings for an offence are not to be brought
against a person for expressing to the Director General,
10 in good faith, an opinion formed as a result of having
carried out a test or examination under this Act.
(3) An action in tort does not lie against a person, and
proceedings for an offence are not to be brought
against a person, for reporting to the Director General,
15 in good faith, information that discloses or suggests
that --
(a) another person is or may be unfit to drive; or
(b) it may be dangerous to --
(i) allow another person to hold a driver's
20 licence or learner's permit;
(ii) grant a driver's licence or learner's
permit to another person; or
(iii) vary, or not to vary, another person's
driver's licence or learner's permit.
25 ".
28. Section 102 amended
Section 102(7) is amended by deleting "sections 48, 51(1)(a)
and 103" and inserting instead --
" sections 51(1)(a) and 76(9)(b) ".
page 37
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 29
29. Section 103 repealed
Section 103 is repealed.
30. Sections 103A and 103B repealed
Sections 103A and 103B are repealed.
5 31. Part VIA inserted
After Part VI the following Part is inserted --
"
Part VIA -- Demerit points
Division 1 -- Preliminary
10 104. Definitions
In this Part --
"current demerit points" means demerit points that
have been recorded in the demerit points register
and have not expired or been cancelled;
15 "dealt with by infringement notice", when referring
to an alleged demerit point offence, means that an
infringement notice has been issued for the alleged
offence and --
(a) the matter has been dealt with by paying an
20 amount in accordance with the infringement
notice;
(b) section 26(2) of the Fines, Penalties and
Infringement Notices Enforcement Act 1994
requires the matter to be treated, for the
25 purposes of this Part, as having been dealt
with by infringement notice; or
(c) if the infringement notice was issued under a
law of another jurisdiction, the matter has
been dealt with in a way that the regulations
page 38
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
specify is to be treated, for the purposes of
this Part, as having been dealt with by
infringement notice;
"demerit point action" means the action described in
5 section 104G;
"demerit point offence" means --
(a) an offence under this Act that the regulations
prescribe as a demerit point offence in WA;
or
10 (b) an offence under the law of another
jurisdiction that is specified in the national
demerit point offence schedule;
"demerit point offence in WA" means an offence
under this Act that the regulations prescribe as a
15 demerit point offence in WA;
"demerit point registry jurisdiction" for a person
means the jurisdiction identified by section 104C;
"demerit points register" means the register that
section 104O requires the Director General to
20 maintain;
"excessive demerit points notice" means an excessive
demerit points notice under section 104I(1);
"infringement notice" means a notice issued to a
person --
25 (a) under this Act; or
(b) under a law of another jurisdiction,
alleging the commission of a demerit point offence
and offering the person an opportunity, by paying
an amount of money, to have the matter dealt with
30 out of court;
"national demerit point offence" means --
(a) an offence under this Act; or
page 39
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
(b) an offence under the law of another
jurisdiction,
that is specified in the national demerit point
offence schedule;
5 "national demerit point offence schedule" means the
national demerit point offence schedule referred to
in section 104B;
"section 104J election" means an election under
section 104J(1);
10 "section 104J election period" means the period for
which a section 104J election applies under
section 104J(5) and includes the period as
reinstated under regulations under
section 104K(8)(b).
15 104A. Demerit point offences in WA
(1) The regulations may prescribe an offence under this
Act as a demerit point offence in WA, and specify the
number of demerit points applying to the offence.
(2) An offence cannot be a demerit point offence in WA
20 unless it involves the driving or use of a motor vehicle.
(3) Regulations referred to in subsection (1) may
distinguish between offences according to the
circumstances in which they are committed.
104B. National demerit point offence schedule
25 (1) The regulations may prescribe a national demerit point
offence schedule for the purposes of this Act
specifying --
(a) certain offences under this Act; and
(b) certain offences under the laws of other
30 jurisdictions.
page 40
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
(2) The national demerit point offence schedule --
(a) cannot specify an offence under this Act unless
it is a demerit point offence in WA; and
(b) cannot specify an offence under the law of
5 another jurisdiction unless --
(i) the offence involves the driving or use
of a motor vehicle; and
(ii) under a law of that jurisdiction
corresponding to this Part, points may
10 be recorded against a person committing
that offence who holds an Australian
driver licence under the law of that
jurisdiction.
(3) The number of demerit points applying under this Act
15 to an offence under the law of another jurisdiction that
is a national demerit point offence is the number of
points applying to that offence under the law of that
other jurisdiction.
(4) Regulations referred to in subsection (1) may
20 distinguish between offences according to the
circumstances in which they are committed.
104C. Demerit point registry jurisdiction
(1) If a person holds a driver's licence or a learner's permit
under this Act, this State is, for the purposes of this
25 Act, the demerit point registry jurisdiction for that
person.
(2) If a person holds a licence or other authorisation
granted under the law of another jurisdiction
authorising the person to drive a motor vehicle on a
30 road, whether or not solely for the purpose of learning
to drive it ("another jurisdiction's driving
authorisation"), the demerit point registry jurisdiction
page 41
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
for that person is, for the purposes of this Act, that
other jurisdiction.
(3) If a person holds neither a driver's licence or a
learner's permit under this Act (a "WA driving
5 authorisation") nor another jurisdiction's driving
authorisation but has previously held a WA driving
authorisation or another jurisdiction's driving
authorisation, the demerit point registry jurisdiction for
that person is, for the purposes of this Act --
10 (a) the jurisdiction under the law of which the
person previously held one of those
authorisations; or
(b) if paragraph (a) would identify 2 or more
jurisdictions, the jurisdiction under the law of
15 which the person most recently held one of
those authorisations.
(4) If this section does not otherwise identify one, and only
one, jurisdiction as the demerit point registry
jurisdiction for a person, this State is, for the purposes
20 of this Act, the demerit point registry jurisdiction for
that person.
(5) A jurisdiction can be the demerit point registry
jurisdiction even though that jurisdiction does not have
a law corresponding to this Part under which points
25 may be recorded for offences involving the driving or
use of motor vehicles.
Division 2 -- Incurring demerit points
104D. Demerit point action after conviction
(1) Demerit point action is to be taken against a person for
30 whom this State is the demerit point registry
jurisdiction if the Director General becomes aware that
the person has been convicted of an offence under this
page 42
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
Act or the law of another jurisdiction that is a demerit
point offence.
(2) Demerit point action is to be taken against a person for
whom another jurisdiction is the demerit point registry
5 jurisdiction if the Director General becomes aware that
the person has been convicted of an offence under this
Act that is a demerit point offence.
(3) If, because of the conviction, the person was
disqualified by a court or by operation of law from
10 holding or obtaining a licence, this section does not
require demerit point action to be taken.
(4) For the purposes of subsection (3), disqualification
because the person failed to pay a fine imposed for the
offence is not to be taken to be because of the
15 conviction.
(5) For the purposes of subsection (3), a person is to be
taken to be disqualified from holding or obtaining a
licence during any time for which --
(a) under the law of this State --
20 (i) the person is disqualified from holding
or obtaining a driver's licence; or
(ii) a driver's licence held by the person is
suspended;
or
25 (b) under the law of another jurisdiction --
(i) the person is disqualified from holding
or obtaining an Australian driver licence
granted under the law of that
jurisdiction; or
30 (ii) an Australian driver licence granted to
that person under the law of that
jurisdiction is suspended.
page 43
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
104E. Demerit point action after infringement notice
(1) Demerit point action is to be taken against a person for
whom this State is the demerit point registry
jurisdiction if the Director General becomes aware that
5 the person has been dealt with by infringement notice
for an alleged offence under this Act or the law of
another jurisdiction that is a demerit point offence.
(2) Demerit point action is to be taken against a person for
whom another jurisdiction is the demerit point registry
10 jurisdiction if the Director General becomes aware that
the person has been dealt with by infringement notice
for an alleged offence under this Act that is a demerit
point offence.
104F. No demerit point action against body corporate
15 Demerit point action can be taken only against an
individual.
104G. What demerit point action is to be taken
(1) This section describes what is to happen if this
Division requires that demerit point action be taken
20 against a person for a demerit point offence.
(2) Whether or not this State is the demerit point registry
jurisdiction for the person, the Director General is to
cause the demerit point offence and the number of
demerit points that apply to be recorded against that
25 person in the demerit points register.
(3) If another jurisdiction is the demerit point registry
jurisdiction for the person and the offence is a national
demerit point offence, the Director General is to
provide information about the offence to the Australian
30 driver licensing authority for that jurisdiction as if it
had sought that information under section 45.
page 44
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
(4) If the offence is an offence under this Act that is a
national demerit point offence and it appears to the
Director General that the person against whom demerit
point action is required to be taken usually resides in a
5 jurisdiction other than this State that is not the demerit
point registry jurisdiction for the person, the Director
General is to provide information about the offence to
the Australian driver licensing authority for that
jurisdiction as if it had sought the information under
10 section 45.
(5) This section does not prevent the Director General
from providing information under section 45 in other
circumstances.
Division 3 -- Consequences of demerit points
15 104H. Expiry of demerit points
At the end of the period of 3 years after the day on
which an offence was committed or allegedly
committed, any demerit points applying to the offence
expire.
20 104I. Excessive demerit points notice
(1) If the number of current demerit points recorded
against a person in the demerit points register reaches
at least 12, the Director General is to give the person,
in accordance with section 104R, an excessive demerit
25 points notice stating --
(a) the day on which that number of current
demerit points was reached;
(b) the number of current demerit points reached
on that day;
30 (c) the period of disqualification fixed under
subsection (2); and
page 45
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
(d) the day on which the period of disqualification
will commence if the person cannot, or for any
other reason does not, make a section 104J
election.
5 (2) The period of disqualification to be stated in the notice
is --
(a) for less than 16 points, 3 months;
(b) for at least 16 but less than 20 points, 4 months;
(c) for at least 20 points, 5 months,
10 and the day on which the period is stated to commence
is to be the 28th day after the notice is given or a later
day.
(3) Whether or not the person makes a section 104J
election, demerit points recorded against the person in
15 the demerit points register on or before the day on
which, according to the notice, the stated number of
demerit points was reached are cancelled.
(4) If the person cannot, or for any other reason does not,
make a section 104J election, the person is disqualified
20 from holding or obtaining a driver's licence for the
period of disqualification fixed under subsection (2).
(5) Nothing in this section prevents the day on which the
period of disqualification commences from being
postponed under section 104M.
25 (6) Regulations referred to in section 104O(7) may provide
for all or some of the demerit points cancelled under
subsection (3) to be again recorded against the person.
104J. Making a section 104J election
(1) A person who is given an excessive demerit points
30 notice may, unless prevented by subsection (2) from
doing so, avoid being disqualified from holding or
page 46
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
obtaining a driver's licence because of the notice by
making an election under this section for the year
commencing when, having regard to section 104M, the
period of disqualification specified in the notice would
5 have commenced.
(2) In order to be able to make a section 104J election a
person must hold a driver's licence other than a
provisional licence.
(3) By making a section 104J election the person elects not
10 to commit, during the year for which the election is
made --
(a) an offence for which 2 or more demerit points
can be recorded under this Part against the
person;
15 (b) offences for which a total of 2 or more demerit
points can be recorded under this Part against
the person;
(c) an offence for which the court convicting the
person is required by law to disqualify the
20 person from holding or obtaining a driver's
licence; or
(d) an offence the conviction of which results in
the person being disqualified by operation of
this Act from holding or obtaining a driver's
25 licence.
(4) The election is to be made in writing, in the form
approved by the Director General, and given to the
Director General within 21 days after the day on which
the Director General gave the excessive demerit points
30 notice.
(5) A section 104J election applies for the period ending at
the end of the year for which it is made or, if the period
ends earlier under this Part, until the earlier end of the
period.
page 47
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
104K. Double disqualification after section 104J election
(1) If --
(a) the Director General records in the demerit
points register a total of 2 or more demerit
5 points for an offence or offences committed or
allegedly committed by a person during a
section 104J election period; or
(b) a court convicts a person of an offence
committed during a section 104J election
10 period as a result of which conviction --
(i) the court is required by law to disqualify
the person from holding or obtaining a
driver's licence but the disqualification
is not required to be permanent; or
15 (ii) the person is disqualified by operation
of this Act from holding or obtaining a
driver's licence,
the Director General is to give the person, in
accordance with section 104R, a notice in writing
20 disqualifying the person from holding or obtaining a
driver's licence.
(2) If subsection (1)(b) applies, the commencement of the
period of disqualification referred to in that paragraph
is postponed until the period of disqualification fixed
25 under subsection (4) has ended.
(3) The notice is to state --
(a) if it is given under subsection (1)(a) --
(i) the number of demerit points because of
which the notice is given; and
30 (ii) the day on which each offence to which
any of those points relates was
committed or allegedly committed;
page 48
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
(b) if it is given under subsection (1)(b) --
(i) the conviction because of which the
notice is given; and
(ii) the day on which the offence of which
5 the person was convicted was
committed;
(c) the period of disqualification fixed under
subsection (4) and the day on which that period
commences.
10 (4) The period of disqualification to be stated in the notice
is to be double the period of disqualification that was
stated in the excessive demerit points notice that led to
the person making the section 104J election, and any
day after the notice under this section is given may be
15 stated as the day on which the period is to commence.
(5) The person to whom the notice is given is disqualified
from holding or obtaining a driver's licence for the
period of disqualification stated in the notice.
(6) Nothing in this section prevents --
20 (a) the commencement of the period of
disqualification under a notice under this
section from being postponed under
section 104M; or
(b) the commencement of a period of
25 disqualification referred to in subsection (1)(b)
from being postponed under section 104N.
(7) When the notice is given --
(a) if it is given under subsection (1)(a), demerit
points recorded against the person in the
30 demerit points register for the offences
specified in the notice are cancelled; and
page 49
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
(b) in any case, the period for which the
section 104J election applies ends even though
the year for which the election was made may
not have elapsed.
5 (8) Regulations referred to in section 104O(7) --
(a) may provide for all or some of the demerit
points cancelled under subsection (7)(a) to be
again recorded against the person;
(b) may provide for the period for which the
10 section 104J election applies to be reinstated.
104L. Permanent disqualification ends section 104J
election period
(1) If, before the end of a person's section 104J election
period, a court permanently disqualifies the person
15 from holding or obtaining a driver's licence, the period
for which the section 104J election applies ends even
though the year for which the election was made may
not have elapsed.
(2) Subsection (1) applies whether or not the
20 disqualification is for an offence committed during a
section 104J election period.
104M. Cumulative effect of demerit points disqualification
(1) If, when the period for which a person is disqualified
under this Part from holding or obtaining a driver's
25 licence (the "disqualification period") would
otherwise commence --
(a) the person is already disqualified from holding
or obtaining a driver's licence; or
(b) the person has made a section 104J election and
30 the section 104J election period has not ended,
the commencement of the disqualification period is
postponed, and the disqualification under this Part does
page 50
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
not have effect, until the time described in
subsection (2) as the postponed commencement time.
(2) The postponed commencement time is when --
(a) any disqualification that has already
5 commenced when the disqualification period
would otherwise have commenced, or that
commences subsequently, has ended; and
(b) any section 104J election period that has
already commenced when the disqualification
10 period would otherwise have commenced, or
that commences subsequently, has ended.
(3) Postponing the commencement of the disqualification
period does not reduce the disqualification period.
(4) For the purposes of subsections (1) and (2), a person is
15 to be taken to be disqualified from holding or obtaining
a driver's licence during any time for which --
(a) the person is disqualified from holding or
obtaining a driver's licence; or
(b) a driver's licence held by the person is
20 suspended.
104N. Certain disqualifications after demerit points
disqualification or section 104J election
(1) In this section --
"demerit period" means --
25 (a) a period for which a person is disqualified
under this Part from holding or obtaining a
driver's licence; or
(b) a section 104J election period relating to a
person.
page 51
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
(2) If --
(a) because of an offence that was not committed
during a section 104J election period, a person
is disqualified by a court or by operation of this
5 Act, otherwise than under this Part, from
holding or obtaining a driver's licence and the
disqualification is not permanent; or
(b) a licence suspension order is made under the
Fines, Penalties and Infringement Notices
10 Enforcement Act 1994 disqualifying a person
from holding or obtaining a driver's licence,
and the commencement of the period of
disqualification, or the taking effect of the licence
suspension order, as the case may be, (the "starting
15 time") would occur during a demerit period or at the
same time as a demerit period commences, the starting
time is, despite any other enactment, postponed until
the end of the demerit period.
Division 4 -- Administrative and other provisions
20 104O. Demerit points register
(1) The Director General is required to maintain a demerit
points register in accordance with this Act.
(2) The demerit points register is to contain details of --
(a) each person against whom demerit points are
25 recorded under this Act;
(b) each offence for which demerit points are
recorded against that person and the day on
which the offence was committed or allegedly
committed;
30 (c) the number of demerit points recorded against
the person for the offence;
page 52
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
(d) the day on which an excessive demerit points
notice was given, and the number of demerit
points and period of disqualification stated in it;
(e) the day on which a section 104J election, if any,
5 was received;
(f) the day on which a notice, if any, disqualifying
a person from holding or obtaining a driver's
licence was given under section 104K, and the
period of disqualification stated in it;
10 (g) the day on which demerit points --
(i) expire through the passing of time; or
(ii) are cancelled,
and the number of points that expire or are
cancelled; and
15 (h) anything else prescribed in the regulations.
(3) If a conviction is quashed, the Director General is to
cause any demerit points recorded because of the
conviction to be removed from the demerit points
register, and they are to be taken to have never been
20 recorded.
(4) If, after an alleged offence has been dealt with by
infringement notice the Director General is satisfied
that --
(a) the infringement notice has been withdrawn;
25 (b) proceedings under Part 3 of the Fines, Penalties
and Infringement Notices Enforcement
Act 1994 in respect of the infringement notice
have been withdrawn; or
(c) the matter has come before a court for
30 determination,
the Director General is to cause any demerit points
recorded because the alleged offence has been dealt
with by infringement notice to be removed from the
page 53
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
demerit points register, and they are to be taken to have
never been recorded.
(5) Subsection (4) does not prevent the points removed
from being again recorded if the alleged offender is
5 convicted of the alleged offence.
(6) Regulations may specify circumstances in which an
infringement notice issued under a law of another
jurisdiction is to be treated, for the purposes of
subsection (4), as having been withdrawn.
10 (7) Regulations may --
(a) provide for the adjustment of the demerit points
register; or
(b) make any other provision necessary or
convenient to be made,
15 to deal with consequences of subsection (3) or (4) in a
case in which, before the demerit points are removed
from the demerit points register, anything has been
done on the basis that the demerit points were
recorded.
20 (8) The Director General must ensure that, when
information in the demerit points register about a
national demerit point offence recorded against a
person for whom this State is not the demerit point
registry jurisdiction is altered or removed, notice of the
25 alteration or removal is provided to each Australian
driver licensing authority that was provided with
information about the offence under section 104G(3)
or (4).
(9) The Director General must ensure that information
30 contained in the demerit points register that --
(a) would disclose the name, address, or date of
birth of an individual; or
page 54
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
(b) has commercial sensitivity for the person about
whom it is kept,
is not released except as provided by the regulations.
104P. Obtaining Australian driver licence elsewhere
5 If the Director General becomes aware that a person
against whom demerit points are recorded in the
demerit points register has become the holder of an
Australian driver licence granted by the Australian
driver licensing authority of another jurisdiction (the
10 "new licensing jurisdiction") and, before the person
became the holder of that licence, this State was the
demerit point registry jurisdiction for that person under
this Act, the Director General is to --
(a) inform the Australian driver licensing authority
15 of the new licensing jurisdiction of --
(i) any current demerit points that are
recorded against that person under this
Act for a national demerit point offence;
and
20 (ii) details of any offence or alleged offence
for which any of those points were
recorded;
and
(b) cause any current demerit points recorded
25 against the person under this Act for a national
demerit point offence that is not an offence
under this Act to be cancelled.
104Q. Holder of licence in another jurisdiction applying
(1) When a driver's licence under this Act is obtained by a
30 person for whom, immediately before the person
obtains the licence, another jurisdiction was the
demerit point registry jurisdiction (the "former
page 55
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 31
demerit point registry jurisdiction"), the Director
General is to cause to be recorded against the person in
the demerit points register --
(a) any national demerit point offence (as defined
5 in this Act) that --
(i) immediately before the person obtains
the driver's licence, stands recorded
against the person under a law of the
former demerit point registry
10 jurisdiction corresponding to this Part;
and
(ii) is not already recorded in the demerit
points register;
and
15 (b) demerit points for, and other details of, any
offence required by paragraph (a) to be
recorded against the person.
(2) The number of demerit points to be recorded for the
offence is the number of points that were recorded
20 against the person for the offence under the law of the
former demerit point registry jurisdiction.
(3) Subsection (1) does not require an offence to be
recorded if it was committed or allegedly committed
more than 3 years before the day on which the offence
25 would otherwise be required to be recorded in the
demerit points register, and section 104H applies also
to demerit points for an offence recorded under this
section.
104R. How certain notices are to be given
30 (1) This section applies to --
(a) an excessive demerit points notice; or
page 56
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 31
(b) a notice under section 104K disqualifying a
person from holding or obtaining a driver's
licence.
(2) The notice is given in accordance with this section if it
5 is given to the person to whom it is addressed either
personally or in any other way prescribed in the
regulations that ensures that it is received by that
person and results in a written record of that person
having received the notice.
10 104S. Regulations about certain transitional matters
Regulations may contain provisions that are necessary
or convenient for dealing with --
(a) matters concerning the transition from the
provisions applying before the commencement
15 of section 29 of the Road Traffic Amendment
Act 2005 to the provisions of this Part, or
regulations made under this Part, applying after
that commencement;
(b) transitional matters related to this Part that arise
20 from a change in the jurisdiction that is a
person's demerit point registry jurisdiction.
104T. Regulations adapting to schemes of other
jurisdictions
(1) Regulations may be made to deal with anomalies
25 arising from a difference between what this Act
identifies as a person's demerit point registry
jurisdiction and what applies according to a
corresponding concept under the law of another
jurisdiction.
30 (2) Regulations made for that purpose may modify the
operation of this Part.
".
page 57
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 32
32. Section 104 repealed
Section 104 is repealed.
33. Section 105 amended
Section 105(b) is amended by deleting "or the repealed Act".
5 34. Section 106 amended
Section 106(4)(a) and (5)(a) are each amended by deleting
"section 49(2)" and inserting instead --
" section 49(3) ".
35. Sections 111AA and 111AB inserted and saving
10 (1) Before section 111A, the following sections are inserted --
"
111AA. Power to include areas in the scope of specified
regulations
(1) The Minister may declare that a regulation specified in
15 the declaration applies to a specified area of the State
that is open to or used by the public.
(2) A declaration has effect for the period specified in it
unless it is sooner revoked.
111AB. Power to grant exemptions from specified
20 regulations
(1) The regulations may provide for the Minister to
declare, in writing in accordance with the regulations,
that a specified requirement of the regulations does not
apply to a specified person or vehicle.
25 (2) The regulations may provide for the Director General
to grant exemptions from regulations made under
section 111(2)(d).
page 58
Road Traffic Amendment Bill 2005
Road Traffic Act 1974 Part 2
s. 35
(3) The regulations may provide for the Commissioner of
Main Roads --
(a) to grant exemptions in respect of vehicles with
a gross vehicle mass exceeding 4.5 tonnes from
5 regulations made under section 111(2)(d)(iii) or
(viii); and
(b) to delegate to an officer of the Commissioner or
a police officer the power to grant those
exemptions.
10 (4) In this section --
"gross vehicle mass" means the maximum loaded
mass of a vehicle --
(a) as specified by the manufacturer; or
(b) as specified by the relevant authority if --
15 (i) the manufacturer has not specified a
maximum loaded mass;
(ii) the manufacturer cannot be identified;
or
(iii) the vehicle has been modified to the
20 extent that the manufacturer's
specification is no longer appropriate;
"relevant authority", in relation to a vehicle,
means --
(a) if the vehicle has never been licensed or
25 registered but the vehicle is used or is
intended to be used in this State -- the
Director General;
(b) if the vehicle was last licensed in this
State -- the Director General; or
30 (c) if the vehicle was last licensed or registered
in another State or a Territory -- the
authority in that State or Territory whose
page 59
Road Traffic Amendment Bill 2005
Part 2 Road Traffic Act 1974
s. 35
functions most nearly correspond to those of
the Director General.
".
(2) A declaration under section 103A of the Road Traffic Act 1974
5 or regulation under section 103B of that Act made before the
commencement of this section is to have effect after the
commencement of this section as if it was made under
section 111AA or 111AB, as the case requires, of that Act.
page 60
Road Traffic Amendment Bill 2005
Transitional provision Part 3
s. 36
Part 3 -- Transitional provision
36. Existing demerit points
Points currently recorded in respect of a person under
section 103 of the Road Traffic Act 1974 immediately before
5 that section is repealed by section 29, and details of any offence
in respect of which the points were recorded, are to be recorded
as demerit points against the person in the demerit points
register referred to in Part VIA of the Road Traffic Act 1974 as
inserted by section 31.
page 61
Road Traffic Amendment Bill 2005
Part 4 Consequential amendments to other Acts
Division 1 Fines, Penalties and Infringement Notices Enforcement Act
1994
s. 37
Part 4 -- Consequential amendments to other Acts
Division 1 -- Fines, Penalties and Infringement Notices
Enforcement Act 1994
37. Section 26 amended
5 (1) The amendments in this Division are to the Fines, Penalties and
Infringement Notices Enforcement Act 1994*.
[* Reprinted as at 2 November 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 167.]
10 (2) Section 26(2) is repealed and the following subsection is
inserted instead --
"
(2) If the alleged offence is under the Road Traffic
Act 1974 --
15 (a) the payment of the whole or a part of the
modified penalty and associated enforcement
fees in relation to a traffic infringement notice
before an order to pay or elect is made in
respect of the notice; or
20 (b) the making of an order to pay or elect in respect
of a traffic infringement notice,
constitutes a conviction of the alleged offender for the
alleged offence for the purposes of section 51(1)(a) of
that Act and, for the purposes of Part VIA of that Act,
25 the matter is to be treated as having been dealt with by
infringement notice when the payment or order is
made.
".
page 62
Road Traffic Amendment Bill 2005
Consequential amendments to other Acts Part 4
Motor Vehicle Drivers Instructors Act 1963 Division 2
s. 38
Division 2 -- Motor Vehicle Drivers Instructors Act 1963
38. The Act amended
The amendments in this Division are to the Motor Vehicle
Drivers Instructors Act 1963*.
5 [* Reprinted as at 8 February 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 301.]
39. Section 3 amended
Section 3 is amended as follows:
10 (a) by deleting the definition of "motor vehicle" and
inserting instead --
"
"motor vehicle" has the same meaning as it has in
Part IVA of the Road Traffic Act 1974;
15 ";
(b) by deleting the definition of "road" and inserting
instead --
"
"road" has the same meaning as it has in Part IVA of
20 the Road Traffic Act 1974;
".
40. Section 5 amended
(1) Section 5(1)(a) and (b) are deleted and the following paragraphs
are inserted instead --
25 "
(a) act as a driving instructor in respect of a motor
vehicle, unless authorised to do so by a licence
or permit held by the person;
page 63
Road Traffic Amendment Bill 2005
Part 4 Consequential amendments to other Acts
Division 2 Motor Vehicle Drivers Instructors Act 1963
s. 41
(b) advertise, notify or state that the person acts or
is willing to act as a driving instructor unless --
(i) the advertisement, notification or
statement specifies the kinds of motor
5 vehicle, and the kinds of use of them,
for which the person acts or is willing to
act as a driving instructor; and
(ii) the person holds a licence or permit
authorising the person to act as
10 specified;
".
(2) Section 5(2) is amended by deleting paragraph (a) and "or" after
it and inserting instead --
"
15 (a) did not hold an appropriate licence or permit; or
".
(3) Section 5(3) is amended by deleting "Commissioner of Police"
and inserting instead --
" Director General ".
20 41. Section 6 amended
Section 6(2) and (3) are repealed and the following subsections
are inserted instead --
"
(2) A licence may authorise the holder to act as a driving
25 instructor for any kind of motor vehicle, or kind of use,
specified in the licence, or for all kinds of motor
vehicles and uses.
(3) If no kind of motor vehicle or use is specified in a licence,
the licence authorises the holder to act as a driving
30 instructor for all kinds of motor vehicles and uses.
".
page 64
Road Traffic Amendment Bill 2005
Consequential amendments to other Acts Part 4
Road Traffic Amendment Act 1996 Division 3
s. 42
42. Section 7 amended
(1) Section 7(3) is amended by deleting paragraph (a) and "and"
after it and inserting instead --
"
5 (a) of the applicant's competency for any driving
of a kind that the licence would authorise the
applicant to teach; and
".
(2) Section 7(5) is amended as follows:
10 (a) in paragraph (d), by deleting "of the class in respect of
which he has applied for a license" and inserting
instead --
" as the licence would authorise ";
(b) in paragraph (e), by deleting "of the class in respect of
15 which he has applied for a license" and inserting
instead --
"
as persons would be taught by the applicant to
do under the licence sought
20 ".
Division 3 -- Road Traffic Amendment Act 1996
43. Section 8 amended
(1) The amendment in this Division is to the Road Traffic
Amendment Act 1996*.
25 [* Act No. 76 of 1996.]
(2) Section 8(3) is repealed.
page 65
Road Traffic Amendment Bill 2005
Part 4 Consequential amendments to other Acts
Division 4 Road Traffic Amendment (Vehicle Licensing) Act 2001
s. 44
Division 4 -- Road Traffic Amendment (Vehicle Licensing)
Act 2001
44. The Act amended
The amendments in this Division are to the Road Traffic
5 Amendment (Vehicle Licensing) Act 2001*.
[* Act No. 28 of 2001.]
45. Section 18 repealed if not commenced
Unless it has already come into operation, section 18 of the
Road Traffic Amendment (Vehicle Licensing) Act 2001 is
10 repealed immediately before section 6 of this Act comes into
operation.
46. Section 19 repealed if not commenced
Unless it has already come into operation, section 19 of the
Road Traffic Amendment (Vehicle Licensing) Act 2001 is
15 repealed immediately before section 7 of this Act comes into
operation.
47. Section 20 repealed if not commenced
Unless it has already come into operation, section 20 of the
Road Traffic Amendment (Vehicle Licensing) Act 2001 is
20 repealed immediately before section 21(2) of this Act comes
into operation.
48. Section 23 amended if not commenced
Unless it has already come into operation, section 23 of the
Road Traffic Amendment (Vehicle Licensing) Act 2001 is,
25 immediately before section 6 of this Act comes into operation,
amended as follows:
(a) in the Table to subsection (1), by deleting each item
relating to any provision of sections 42 to 76 of the
Road Traffic Act 1974;
page 66
Road Traffic Amendment Bill 2005
Consequential amendments to other Acts Part 4
Road Traffic Amendment (Vehicle Licensing) Act 2001 Division 4
s. 48
(b) in the Table to subsection (2), by deleting --
(i) both items relating to section 5(1) of the Road
Traffic Act 1974;
(ii) each item relating to any provision of sections 42
5 to 51 of the Road Traffic Act 1974;
(iii) the items relating to any provision of sections 75
to 77 of the Road Traffic Act 1974;
(c) in the Table to subsection (3), by deleting the item
relating to section 51(5) of the Road Traffic Act 1974;
10 (d) by repealing subsection (4) and the Table to it.
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