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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRAFFIC AMENDMENT BILL (NO. 2) 2007

                   Western Australia


Road Traffic Amendment Bill (No. 2) 2007

                      CONTENTS


      Part 1 -- Preliminary
1.    Short title                                              2
2.    Commencement                                             2
      Part 2 -- Road Traffic Act 1974
           amended
      Division 1 -- Act amended
3.    The Act amended in this Part                             4
      Division 2 -- Amendments relating to breath
            analysis
      Subdivision 1 -- Amendments not based on Road
            Traffic Amendment Act 2006 having
            commenced
4.    Section 59B amended                                      4
5.    Section 63 amended                                       4
6.    Section 64 amended                                       5
7.    Section 64AA amended                                     6
8.    Section 64A amended                                      7
9.    Section 65 amended                                       7
10.   Section 65A inserted                                     8
      65A.    Using breath sample to find blood alcohol
              content                                     8
11.   Section 66 amended                                       9
12.   Section 68 amended                                       9
13.   Section 69 amended                                      10
14.   Section 71 amended                                      10
15.   Section 72 amended                                      11
16.   Section 98A amended                                     11



                        220--2                                 page i
Road Traffic Amendment Bill (No. 2) 2007



Contents



              Subdivision 2 -- Amendments depending on Road
                    Traffic Amendment Act 2006
      17.     Section 64AA amended                                       12
      18.     Section 67 amended                                         12
              Division 3 -- Amendments about driving
                    incidents
              Subdivision 1 -- Amendments not based on Road
                    Traffic Amendment Act 2006 having
                    commenced
      19.     Division 1A inserted in Part V                             12
              Division 1A -- Terms used in this Part
              49AA.     Meanings of "bodily harm" and "grievous
                        bodily harm"                                12
      20.     Sections 54, 55 and 56 replaced                            13
              54.       Bodily harm: duty to stop and give
                        information and assistance                  13
              55.       Damage to property: duty to stop and give
                        information                                 14
              56.       Duty to report incidents involving bodily
                        harm or damage to property                  15
      21.     Section 57 amended                                         17
      22.     Section 59 amended                                         17
      23.     Section 59A amended                                        18
      24.     Section 73 amended                                         18
              Subdivision 2 -- Amendments depending on Road
                    Traffic Amendment Act 2006
      25.     Section 50 amended                                         18
              Division 4 -- Amendments about graduated
                    demerit point system for novice drivers
      26.     Section 104 amended                                        18
      27.     Section 104IA inserted                                     20
              104IA.    Excessive demerit points (novice driver)
                        notice                                      20
      28.     Section 104J amended                                       21
      29.     Section 104O amended                                       21
      30.     Section 104R amended                                       22
              Division 5 -- Amendments about zero blood
                    alcohol content for novice drivers
      31.     Section 63 amended                                         22
      32.     Section 64 amended                                         22
      33.     Section 64AA amended                                       23


page ii
                          Road Traffic Amendment Bill (No. 2) 2007



                                                            Contents



34.   Section 64A amended                                     23
35.   Section 64AAA inserted                                  23
      64AAA.   Novice driver driving with any blood
               alcohol content                         23
36.   Section 66 amended                                      24
37.   Section 70 amended                                      24
38.   Section 71B amended                                     24
39.   Section 98 amended                                      24
      Division 6 -- Other amendment
40.   Section 111 amended                                     25
      Part 3 -- Young Offenders Act 1994
           amended
41.   The Act amended in this Part                            26
42.   Schedule 1 amended                                      26




                                                             page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



    Road Traffic Amendment Bill (No. 2) 2007


                               A Bill for


An Act to amend the Road Traffic Act 1974 and in consequence to
amend the Young Offenders Act 1994.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Road Traffic Amendment Bill (No. 2) 2007
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.       Short title
              This is the Road Traffic Amendment Act (No. 2) 2007.

     2.       Commencement
 5            This Act comes into operation as follows:
               (a)    Part 1 -- on the day on which this Act receives the
                      Royal Assent ("assent day");
               (b)    Part 2 other than sections 6(2)(b)(ii), 17, 18 and 25 and
                      Divisions 4, 5 and 6 -- on a day fixed by proclamation;
10             (c)    section 6(2)(b)(ii) -- on the day fixed under
                      paragraph (b), except that it does not have effect at all if
                      the Road Traffic Amendment Act 2006 section 15(a)
                      comes into operation first;
               (d)    section 17 --
15                      (i) on the day fixed under paragraph (b); or
                       (ii)  if the day on which the Road Traffic Amendment
                             Act 2006 section 16 comes into operation is later
                             -- immediately after that section comes into
                             operation;
20             (e)    section 18 --
                        (i) on the day fixed under paragraph (b); or
                       (ii) if the day on which the Road Traffic Amendment
                             Act 2006 section 18(1) comes into operation is
                             later -- immediately after that subsection comes
25                           into operation;
                (f)   section 25 --
                        (i) on the day fixed under paragraph (b); or
                       (ii) if the day on which the Road Traffic Amendment
                             Act 2006 section 9(c) comes into operation is
30                           later -- immediately after that provision comes
                             into operation;

     page 2
                            Road Traffic Amendment Bill (No. 2) 2007
                                          Preliminary         Part 1

                                                                 s. 2



     (g)    Part 2 Division 4 -- on a day fixed by proclamation,
            being a day that is after the day on which the Road
            Traffic Amendment Act 2006 section 31 comes into
            operation, and different days may be fixed for different
 5          provisions;
     (h)    Part 2 Division 5 other than section 38 -- on a day fixed
            by proclamation, being a day that is after section 9 and
            the Road Traffic Amendment Act 2006 sections 17
            and 31 have all come into operation;
10   (i)    section 38 --
               (i) when the rest of Part 2 Division 5 comes into
                    operation; or
              (ii) if the day on which the Road Traffic Amendment
                    (Drugs) Act 2007 section 16 comes into
15                  operation is later -- immediately after that
                    section comes into operation;
      (j)   Part 2 Division 6 -- on the day after assent day;
     (k)    Part 3 -- on the day fixed under paragraph (b).




                                                              page 3
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 1     Act amended
     s. 3



              Part 2 -- Road Traffic Act 1974 amended
                          Division 1 -- Act amended
     3.       The Act amended in this Part
              The amendments in this Part are to the Road Traffic Act 1974*.
 5            [* Reprint 9 as at 10 March 2006.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2006, Table 1, and Acts
                 Nos. 77 of 2006 and 4 of 2007.]

          Division 2 -- Amendments relating to breath analysis
10   Subdivision 1 -- Amendments not based on Road Traffic Amendment
                       Act 2006 having commenced

     4.       Section 59B amended
              Section 59B(5) is amended by deleting "percentage of alcohol
              in his blood of or exceeding 0.15%" and inserting instead --
15            "
                   blood alcohol content of or above 0.15g of alcohol per
                   100ml of blood
                                                                              ".

     5.       Section 63 amended
20            Section 63(5) is amended by deleting "percentage of alcohol in
              his blood of or exceeding 0.15%" and inserting instead --
              "
                   blood alcohol content of or above 0.15g of alcohol per
                   100ml of blood
25                                                                            ".




     page 4
                                         Road Traffic Amendment Bill (No. 2) 2007
                                     Road Traffic Act 1974 amended         Part 2
                                Amendments relating to breath analysis Division  2
                                                                              s. 6



     6.         Section 64 amended
          (1)   Section 64(1) is amended by deleting "the percentage of alcohol
                in his blood equals or exceeds 0.08%," and inserting instead --
                "
 5                        having a blood alcohol content of or above 0.08g of
                          alcohol per 100ml of blood
                                                                                         ".
          (2)   The Table to section 64(2) is amended as follows:
                 (a) by deleting the heading to the first column and inserting
10                    instead --
                      "
                            Blood alcohol content
                            (g/100ml)
                                                                                         ";
                    (b)    in the first column --
                              (i) by deleting "%" in each place where it occurs;
15                           (ii) by deleting "but <0.15".
          (3)   The note at the end of the Table to section 64(2) is amended by
                deleting "greater than or equal to" and inserting instead --
                " of or above          ".
          (4)   Section 64(2a) is amended by deleting "percentage of alcohol in
20              the blood" and inserting instead --
                "    blood alcohol content          ".
                Note: The heading to section 64 is to read "Driving with blood alcohol
                      content of or above 0.08".




                                                                                   page 5
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 2     Amendments relating to breath analysis
     s. 7



     7.         Section 64AA amended
          (1)   Section 64AA(1) is amended by deleting "the percentage of
                alcohol in his blood equals or exceeds 0.05%" and inserting
                instead --
 5              "
                          having a blood alcohol content of or above 0.05g of
                          alcohol per 100ml of blood
                                                                                           ".
          (2)   The Table to section 64AA(2a) is amended as follows:
10               (a) by deleting the heading to the first column and inserting
                      instead --
                      "
                            Blood alcohol content
                            (g/100ml)
                                                                                           ";
                    (b)    in the first column --
15                            (i) by deleting "%" in each place where it occurs;
                             (ii) by deleting "but <0.08".
          (3)   The note at the end of the Table to section 64AA(2a) is
                amended by deleting "greater than or equal to" and inserting
                instead --
20              " of or above          ".
                Note: The heading to section 64AA is to read "Driving with blood alcohol
                      content of or above 0.05".




     page 6
                                   Road Traffic Amendment Bill (No. 2) 2007
                               Road Traffic Act 1974 amended         Part 2
                          Amendments relating to breath analysis Division  2
                                                                        s. 8



     8.   Section 64A amended
          Section 64A(1) is amended by deleting "the percentage of
          alcohol in his blood equals or exceeds 0.02%" and inserting
          instead --
 5        "
                    having a blood alcohol content of or above 0.02g of
                    alcohol per 100ml of blood
                                                                                  ".
          Note: The heading to section 64A is to read "Certain persons driving with
10              blood alcohol content of or above 0.02".

     9.   Section 65 amended
          Section 65 is amended as follows:
            (a) in the definition of "analyst", by deleting "percentage"
                 and inserting instead --
15               " concentration ";
           (b) in the definition of "breath analysing equipment", by
                 deleting "ascertaining the percentage of alcohol present
                 in a person's blood," and inserting instead --
              "
20                      the purpose of ascertaining a person's blood
                        alcohol content
                                                                             ";
              (c)    by deleting the definition of "percentage of alcohol" and
                     inserting in the appropriate alphabetical position --
25            "
                    "blood alcohol content" means the concentration of
                        alcohol in a person's blood, expressed in grams of
                        alcohol per 100ml of blood;
                                                                                  ";
30            (d)    in the definition of "preliminary test", by deleting "the
                     percentage of alcohol in the blood of the person or an
                     indication as to whether or not the percentage of alcohol


                                                                             page 7
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 2     Amendments relating to breath analysis
     s. 10



                     in the blood of a person equals or exceeds a
                     predetermined percentage" and inserting instead --
                     "
                         a person's blood alcohol content or an indication
 5                       of whether or not a person's blood alcohol content
                         is of or above a predetermined level
                                                                                ".

     10.      Section 65A inserted
              After section 65 the following section is inserted --
10   "
           65A.     Using breath sample to find blood alcohol content
              (1)   For the purposes of section 59B(5) and sections 63 to
                    73, inclusive, if the concentration of alcohol in a
                    person's breath is a particular number of grams of
15                  alcohol per 210 litres of breath the person's blood
                    alcohol content is to be regarded as being that number
                    of grams of alcohol per 100ml of blood.
              (2)   For the purposes of section 72(2)(a) and the definition
                    of "breath analysing equipment" in section 65,
20                  apparatus is to be regarded as being for the purpose of
                    ascertaining a person's blood alcohol content by
                    analysis of a sample of the person's breath whether the
                    apparatus gives the blood alcohol content directly as
                    the analysis result or enables it to be derived under
25                  subsection (1).
              (3)   For the purposes of the definition of "preliminary test"
                    in section 65, apparatus is to be regarded as being for
                    the purpose of providing an indication of the kind
                    mentioned in that definition whether the apparatus
30                  gives the indication directly or enables it to be derived
                    under subsection (1).
                                                                                ".



     page 8
                                          Road Traffic Amendment Bill (No. 2) 2007
                                      Road Traffic Act 1974 amended         Part 2
                                 Amendments relating to breath analysis Division  2
                                                                              s. 11



     11.         Section 66 amended
           (1)   Section 66(2)(a)(i) is amended by deleting "percentage of
                 alcohol in the blood of the person equals or exceeds 0.05% of
                 alcohol" and inserting instead --
 5                                  "
                                         person has a blood alcohol content of or
                                         above 0.05g of alcohol per 100ml of
                                         blood
                                                                                      ".
10         (2)   Section 66(11)(b) is amended by deleting "percentage of
                 alcohol present in the blood of the person" and inserting
                 instead --
                 "    person's blood alcohol content     ".

     12.         Section 68 amended
15         (1)   Section 68(4)(a) is amended as follows:
                     (a)    by inserting after "analysis result and" --
                            "
                                  the person's blood alcohol content given by or
                                  derived under section 65A from the analysis
20                                result
                                                                                      ";
                     (b)    by deleting "percentage of alcohol present in the blood
                            of the person" and inserting instead --
                            " person's blood alcohol content ".
25         (2)   Section 68(8) is amended as follows:
                   (a) by inserting after "analysis result and" --
                 "
                           the person's blood alcohol content given by or derived
                           under section 65A from the analysis result
30                                                                                    ";


                                                                              page 9
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 2     Amendments relating to breath analysis
     s. 13



                      (b)    by deleting "percentage of alcohol present in the blood
                             of the person" and inserting instead --
                             " person's blood alcohol content ".

     13.             Section 69 amended
 5                   Section 69(2) is amended as follows:
                       (a) by deleting "percentage of alcohol found by the analyst
                            to be present in" and inserting instead --
                            " blood alcohol content of ";
                      (b) by deleting "percentage of alcohol present in the blood
10                          of the person" and inserting instead --
                            " person's blood alcohol content ".

     14.             Section 71 amended
           (1)       Section 71(1) is repealed and the following subsection is
                     inserted instead --
15               "
                     (1)    In any proceeding such as is mentioned in section 70(1)
                            a person's blood alcohol content at any time which is
                            or may be material in the proceeding (the "material
                            time") shall be calculated having regard to --
20                            (a) the time of the person's last drink containing
                                    alcohol taken at or before the material time; and
                              (b) the material time; and
                              (c) the time at which the sample of the person's
                                    breath or blood was provided or taken for
25                                  analysis (the "time of sampling"); and
                              (d) the person's blood alcohol content at the time
                                    of sampling,
                            so as to give effect to the presumption that after a
                            person's latest drink containing alcohol the person's
30                          blood alcohol content increases at the rate of 0.016g of
                            alcohol per 100ml of blood per hour for a period of

     page 10
                                         Road Traffic Amendment Bill (No. 2) 2007
                                     Road Traffic Act 1974 amended         Part 2
                                Amendments relating to breath analysis Division  2
                                                                             s. 15



                        2 hours and, after that period, decreases at the rate of
                        0.016g of alcohol per 100ml of blood per hour.
                                                                                         ".
           (2)   Section 71(4) is amended by deleting "percentage" and inserting
 5               instead --
                 "   concentration      ".
                 Note: The heading to section 71 is to read "Determination of blood alcohol
                       content at material time".

     15.         Section 72 amended
10         (1)   Section 72(2) is amended by deleting paragraph (a) and "and"
                 after it and inserting instead --
                      "
                          (a)    types of apparatus for the purpose of
                                 ascertaining a person's blood alcohol content
15                               by analysis of a sample of the person's breath;
                                 and
                                                                                         ".
           (2)   Section 72(3)(a) is amended by deleting "percentage" and
                 inserting instead --
20               "   concentration      ".

     16.         Section 98A amended
                 Section 98A is amended as follows:
                   (a) in subsection (2), by inserting before "ascertaining" --
                        " the purpose of ";
25                (b) in subsection (2a), by inserting before "ascertaining" --
                        " the purpose of ".




                                                                                  page 11
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 3     Amendments about driving incidents
     s. 17



           Subdivision 2 -- Amendments depending on Road Traffic
                            Amendment Act 2006

     17.        Section 64AA amended
                Section 64AA(2b) is amended by deleting "percentage of
 5              alcohol in the blood" and inserting instead --
                "   blood alcohol content     ".

     18.        Section 67 amended
                Section 67(3)(a)(i) is amended by deleting "relevant percentage
                of alcohol in the person's blood exceeded 0.14%" in both places
10              where it occurs and inserting instead --
                               "
                                       person's blood alcohol content were
                                       above 0.14g of alcohol per 100ml of
                                       blood
15                                                                            ".

               Division 3 -- Amendments about driving incidents
     Subdivision 1 -- Amendments not based on Road Traffic Amendment
                       Act 2006 having commenced

     19.        Division 1A inserted in Part V
20              After the heading to Part V the following Division is inserted --
     "
                       Division 1A -- Terms used in this Part
           49AA. Meanings of "bodily harm" and "grievous bodily
                 harm"
25                    In this Part --
                      "bodily harm" has the meaning given in The Criminal
                         Code section 1(1);


     page 12
                                       Road Traffic Amendment Bill (No. 2) 2007
                                   Road Traffic Act 1974 amended         Part 2
                                Amendments about driving incidents   Division  3
                                                                           s. 20



                       "grievous bodily harm" has the meaning given in
                           The Criminal Code section 1(1).
                                                                                  ".

     20.         Sections 54, 55 and 56 replaced
 5               Sections 54, 55 and 56 are repealed and the following sections
                 are inserted instead --
     "
           54.         Bodily harm: duty to stop and give information and
                       assistance
10               (1)   If a vehicle driven by a person (the "driver") is
                       involved in an incident occasioning bodily harm to
                       another person, the driver must stop immediately after
                       the occurrence of the incident and for as long as is
                       necessary to comply with subsections (2) and (6).
15               (2)   If a vehicle driven by a person (the "driver") is
                       involved in an incident occasioning bodily harm to
                       another person (a "victim"), the driver must ensure
                       that each victim receives all the assistance, including
                       medical aid, that is necessary and practicable in the
20                     circumstances.
                 (3)   A person who contravenes subsection (1) or (2)
                       commits a crime.
                       Penalty: imprisonment for --
                           (a) 20 years, if the incident occasioned death;
25                         (b) 14 years, if the incident occasioned grievous
                                 bodily harm but not death;
                           (c) 10 years, in any other case.
                       Summary conviction penalty in a case to which
                          paragraph (c) applies: imprisonment for 3 years.
30               (4)   If in the opinion of the court an offence under
                       subsection (3) is of a sufficiently serious nature the
                       court may make an order disqualifying the offender

                                                                            page 13
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 3     Amendments about driving incidents
     s. 20



                      from holding or obtaining a driver's licence for such
                      period as it thinks fit.
                (5)   It is a defence to a charge of an offence under
                      subsection (3) for the accused to prove that the accused
 5                    was not aware of the occurrence of the incident.
                (6)   If a vehicle driven by a person (the "driver") is
                      involved in an incident occasioning bodily harm to
                      another person (a "victim"), the driver must, if
                      required to do so by a victim, a representative of a
10                    victim, or a member of the Police Force, give the
                      driver's name and address and, if known to the driver,
                      the name and address of a responsible person for the
                      vehicle.
                      Penalty: a fine of 30 PU.
15              (7)   It is a defence to a charge of an offence under
                      subsection (3) or (6) for the accused to prove that the
                      accused could not comply with a requirement in the
                      relevant provision because of an injury suffered by the
                      accused in the incident.

20        55.         Damage to property: duty to stop and give
                      information
                (1)   If a vehicle driven by a person (the "driver") is
                      involved in an incident in which any property is
                      damaged, the driver must stop immediately after the
25                    occurrence of the incident and for as long as is
                      necessary to comply with subsection (4).
                      Penalty: a fine of 30 PU.
                (2)   If in the opinion of the court an offence under
                      subsection (1) is of a sufficiently serious nature the
30                    court may make an order disqualifying the offender
                      from holding or obtaining a driver's licence for such
                      period as it thinks fit.


     page 14
                                 Road Traffic Amendment Bill (No. 2) 2007
                             Road Traffic Act 1974 amended         Part 2
                          Amendments about driving incidents   Division  3
                                                                     s. 20



           (3)   It is a defence to a charge of an offence under
                 subsection (1) for the accused to prove that the accused
                 was not aware of the occurrence of the incident.
           (4)   If a vehicle driven by a person (the "driver") is
 5               involved in an incident in which any property is
                 damaged, the driver must, if required to do so by a
                 person whose property was damaged in the incident or
                 a representative of that person or a member of the
                 Police Force, give the driver's name and address and, if
10               known to the driver, the name and address of a
                 responsible person for the vehicle.
                 Penalty: a fine of 30 PU.
           (5)   It is a defence to a charge of an offence under
                 subsection (1) or (4) for the accused to prove that the
15               accused could not comply with a requirement in that
                 subsection because of an injury suffered by the accused
                 in the incident.

     56.         Duty to report incidents involving bodily harm or
                 damage to property
20         (1)   If a vehicle driven by a person (the "driver") is
                 involved in an incident occasioning bodily harm to
                 another person, the driver must report the incident
                 forthwith to the officer in charge of a police station.
           (2)   If a person contravenes subsection (1) and the incident
25               occasioned death or grievous bodily harm, the person
                 commits a crime.
                 Penalty: imprisonment for 10 years and in any event
                      the court convicting the person must order that the
                      offender is disqualified from holding or obtaining a
30                    driver's licence for a period of not less than
                      12 months.
                 Summary conviction penalty: imprisonment for
                      12 months and in any event the court convicting


                                                                       page 15
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 3     Amendments about driving incidents
     s. 20



                         the person must order that the offender is
                         disqualified from holding or obtaining a driver's
                         licence for a period of not less than 12 months.
               (3)   If a person contravenes subsection (1) and the incident
 5                   did not occasion death or grievous bodily harm, the
                     person commits an offence.
                     Penalty: imprisonment for 12 months and in any event
                          the court convicting the person must order that the
                          offender is disqualified from holding or obtaining a
10                        driver's licence for a period of not less than
                          12 months.
               (4)   If a vehicle driven by a person (the "driver") is
                     involved in an incident in which any property is
                     damaged the driver must report the incident forthwith
15                   to the officer in charge of a police station.
                     Penalty:
                         (a) for a first offence, a fine of 8 PU;
                         (b) for a subsequent offence, a fine of 16 PU.
               (5)   It is a defence to a charge of an offence under
20                   subsection (2), (3) or (4) for the accused to prove
                     that --
                        (a) the accused could not comply with a
                              requirement in the relevant provision because
                              of an injury suffered by the accused in the
25                            incident; or
                       (b) a member of the Police Force attended at the
                              scene of the incident and took the necessary
                              particulars of the incident.
               (6)   It is a defence to a charge of an offence under
30                   subsection (4) for the accused to prove --
                        (a) that the accused had reasonable cause for
                              believing that the total value of the damage did


     page 16
                                                 Road Traffic Amendment Bill (No. 2) 2007
                                             Road Traffic Act 1974 amended         Part 2
                                          Amendments about driving incidents   Division  3
                                                                                     s. 21



                                     not exceed the amount prescribed for the
                                     purposes of this subsection; and
                               (b)   that the owner, in each case, of any property
                                     damaged was present or represented at the
 5                                   place where and at the time when, or
                                     immediately after, the incident occurred.
                                                                                         ".

     21.             Section 57 amended
           (1)       Section 57(1) is amended by deleting the penalty clause.
10         (2)       Section 57(2) is repealed and the following is inserted
                     instead --
                 "
                     (2)     A person who is required under subsection (1) by a
                             member of the Police Force to give information must
15                           not in response to the request give false information.
                             Penalty: applicable to subsections (1) and (2), a fine of
                                60 PU or imprisonment for 12 months.
                                                                                         ".

     22.             Section 59 amended
20         (1)       Section 59(1) is amended in the penalty clause by deleting
                     "18 months" and inserting instead --
                     "     3 years   ".
           (2)       Section 59(2) is amended as follows:
                       (a) by inserting at the end of paragraph (b) --
25                          " and ";
                      (b) by deleting "; and" at the end of paragraph (c) and
                            inserting instead a full stop;
                       (c) by deleting paragraph (d).




                                                                                  page 17
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 4     Amendments about graduated demerit point system for novice
                    drivers
     s. 23


           (3)     Section 59(3)(b) is amended by deleting "4 years" and inserting
                   instead --
                   "   10 years   ".

     23.           Section 59A amended
 5                 Section 59A(2) is amended as follows:
                     (a) by deleting the semicolon at the end of paragraph (b)
                          and inserting instead a full stop;
                    (b) by deleting paragraph (c).

     24.           Section 73 amended
10                 Section 73 is amended by inserting after "sections" --
                   "   54, 55 and 56 and in sections   ".

                 Subdivision 2 -- Amendments depending on Road Traffic
                                  Amendment Act 2006

     25.           Section 50 amended
15                 Section 50 is amended by deleting "with whom the holder is
                   authorised to drive under section 43(2)" and inserting instead --
                   "
                         under whose instruction the permit authorises the
                         holder to drive
20                                                                                ".

           Division 4 -- Amendments about graduated demerit point
                          system for novice drivers
     26.           Section 104 amended
                   Section 104 is amended as follows:
25                   (a) by inserting before "In this Part" at the beginning of the
                          section the subsection designation "(1)";



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                               Road Traffic Act 1974 amended         Part 2
     Amendments about graduated demerit point system for novice  Division  4
                                                         drivers
                                                                       s. 26


                  (b)    by inserting in their appropriate alphabetical
                         positions --
              "
                        "excessive demerit points (novice driver) notice"
 5                          means an excessive demerit points (novice driver)
                            notice under section 104IA(2);
                        "novice driver" has the meaning given in
                            subsection (2);
                        "novice driver (type 1)" means a novice driver who is
10                          not a novice driver (type 2);
                        "novice driver (type 2)" means a novice driver who
                            has, for a period of at least 1 year or periods
                            adding up to at least 1 year, held --
                            (a) an Australian driver licence; or
15                          (b) a licence or other authorisation granted to the
                                  person by an external licensing authority
                                  authorising the person to drive a motor
                                  vehicle other than solely for the purpose of
                                  learning to drive it;
20                                                                                   ";
                  (c)    by inserting at the end of the section the following
                         subsections --
          "
              (2)       For the purposes of this Part a person is a novice driver
25                      unless the person has, for a period of at least 2 years or
                        periods adding up to at least 2 years, held --
                          (a) an Australian driver licence; or
                          (b) a licence or other authorisation granted to the
                                person by an external licensing authority
30                              authorising the person to drive a motor vehicle
                                other than solely for the purpose of learning to
                                drive it.




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     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 4     Amendments about graduated demerit point system for novice
                    drivers
     s. 27


               (3)   When deciding whether a person is a novice driver, or
                     which type of novice driver a person is, a period for
                     which the person held an Australian driver licence or
                     other authorisation is to be regarded as not including
 5                   any period for which the person, although holding an
                     Australian driver licence or other authorisation, was
                     excluded by law from driving under that authorisation.
                                                                                ".

     27.       Section 104IA inserted
10             After section 104I the following section is inserted --
     "
           104IA. Excessive demerit points (novice driver) notice
               (1)   In this section --
                     "post-commencement demerit points" means
15                        current demerit points other than those recorded
                          for an offence committed before the day on
                          which the Road Traffic Amendment Act (No. 2)
                          2007 section 27 comes into operation.
               (2)   If the number of post-commencement demerit points
20                   recorded in the demerit points register against a novice
                     driver (type 1) reaches at least 4, or against a novice
                     driver (type 2) reaches at least 8, the Director General
                     is to give the novice driver, in accordance with
                     section 104R, an excessive demerit points (novice
25                   driver) notice stating --
                        (a) the day on which that number of
                              post-commencement demerit points was
                              reached; and
                       (b) the number of post-commencement demerit
30                            points reached on that day; and
                        (c) that the period of disqualification is 3 months;
                              and


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                                   Road Traffic Amendment Bill (No. 2) 2007
                               Road Traffic Act 1974 amended         Part 2
     Amendments about graduated demerit point system for novice  Division  4
                                                         drivers
                                                                       s. 28


                             (d)   that the period of disqualification will
                                   commence on the day after the notice is given
                                   or a later day specified in the notice.
                 (3)     Post-commencement demerit points recorded against
 5                       the person in 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)     The person to whom the notice is given is disqualified
                         from holding or obtaining a driver's licence for the
10                       period of 3 months specified in the notice.
                 (5)     Nothing in this section prevents the day on which the
                         period of disqualification commences from being
                         postponed under section 104M.
                 (6)     Regulations referred to in section 104O(7) may provide
15                       for all or some of the post-commencement demerit
                         points cancelled under subsection (3) to be again
                         recorded against the person.
                 (7)     Nothing in this section prevents section 104I from
                         applying to a novice driver.
20                                                                                 ".

     28.         Section 104J amended
                 Section 104J(2) is amended by deleting the full stop at the end
                 of the subsection and inserting instead --
                 "     and must not be a novice driver.    ".

25   29.         Section 104O amended
           (1)   Section 104O(2) is amended as follows:
                   (a) before paragraph (e), by inserting --
                        "
                            (da)   the day on which an excessive demerit points
30                                 (novice driver) notice was given, and the


                                                                              page 21
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 5     Amendments about zero blood alcohol content for novice
                    drivers
     s. 30


                                   number of demerit points and period of
                                   disqualification stated in it; and
                                                                                  ";
                  (b)       after each of paragraphs (a) to (f), by inserting --
 5                          " and ".
           (2)   Section 104O(4) is amended by inserting after paragraph (a) --
                 " or        ".

     30.         Section 104R amended
                 Section 104R(1) is amended by inserting before
10               paragraph (b) --
                        "
                            (aa)   an excessive demerit points (novice driver)
                                   notice; or
                                                                                  ".

15   Division 5 -- Amendments about zero blood alcohol content for
                          novice drivers
     31.         Section 63 amended
                 Section 63(6) is amended as follows:
                   (a) by inserting before "applied" --
20                      " or 64AAA ";
                  (b) by inserting before the full stop --
                        " or 64AAA ".

     32.         Section 64 amended
                 Section 64(4) is amended as follows:
25                 (a) by inserting before "applied" --
                        " or 64AAA ";
                  (b) by inserting before the full stop --
                        " or 64AAA ".

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                                     Road Traffic Amendment Bill (No. 2) 2007
                                 Road Traffic Act 1974 amended         Part 2
           Amendments about zero blood alcohol content for novice  Division  5
                                                           drivers
                                                                         s. 33


     33.       Section 64AA amended
               Section 64AA(3) is amended as follows:
                 (a) by inserting before "where" --
                      " or 64AAA ";
 5              (b) by inserting before "applied" --
                      " or 64AAA ".

     34.       Section 64A amended
               After section 64A(3) the following subsection is inserted --
           "
10             (4)   A person charged with an offence against this section
                     may, instead of being convicted of that offence, be
                     convicted of an offence against section 64AAA where,
                     at the time of the alleged offence, the person charged
                     was a person to whom that section applied.
15                                                                             ".

     35.       Section 64AAA inserted
               After section 64A the following section is inserted --
     "
           64AAA. Novice driver driving with any blood alcohol
20                content
               (1)   A person who, being a novice driver, drives or attempts
                     to drive a motor vehicle while having any blood
                     alcohol content commits an offence.
                     Penalty: Not less than 2 PU or more than 6 PU.
25             (2)   In subsection (1) --
                     "novice driver" has the same meaning as it has in
                          section 104(2).
               (3)   It is a defence to a charge of an offence under
                     subsection (1) for the accused to prove that the


                                                                         page 23
     Road Traffic Amendment Bill (No. 2) 2007
     Part 2         Road Traffic Act 1974 amended
     Division 5     Amendments about zero blood alcohol content for novice
                    drivers
     s. 36


                    accused's blood alcohol content was not to any extent
                    caused by any of the following:
                      (a) the consumption of an alcoholic beverage
                           (otherwise than for the purposes of religious
 5                         observance);
                      (b) the consumption or use of any other substance
                           (for example, food or medicine) for the purpose
                           of consuming alcohol.
                                                                              ".

10   36.       Section 66 amended
               Section 66(2)(a)(ii) is amended by inserting before "applies" --
               " or 64AAA      ".

     37.       Section 70 amended
               Section 70(1) is amended by deleting "or 64A," and inserting
15             instead --
               "   , 64A or 64AAA,    ".

     38.       Section 71B amended
               Section 71B(1) is amended by inserting after "64A" --
               "   , 64AAA    ".

20   39.       Section 98 amended
               Section 98(1a) is amended by deleting "64A" and inserting
               instead --
               "   64A(1) or 64AAA     ".




     page 24
                                       Road Traffic Amendment Bill (No. 2) 2007
                                   Road Traffic Act 1974 amended         Part 2
                                                Other amendment      Division  6
                                                                           s. 40



                         Division 6 -- Other amendment
     40.        Section 111 amended
                Section 111 is amended by inserting after subsection (2b) the
                following subsection --
 5         "
               (2c)   The regulations may make it an offence to contravene a
                      condition imposed by or under the regulations, but this
                      subsection does not limit the other consequences that
                      the regulations may attach to a contravention.
10                                                                              ".




                                                                         page 25
     Road Traffic Amendment Bill (No. 2) 2007
     Part 3         Young Offenders Act 1994 amended

     s. 41



             Part 3 -- Young Offenders Act 1994 amended
     41.       The Act amended in this Part
               The amendments in this Part are to the Young Offenders
               Act 1994*.
 5             [* Reprint 3 as at 15 July 2005.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2006, Table 1, and Act
                  No. 65 of 2006.]

     42.       Schedule 1 amended
10             Schedule 1 is amended under the heading for provisions of the
               Road Traffic Act 1974 as follows:
                 (a) in the description of an offence under section 64, by
                      deleting "0.08%" and inserting instead --
                      " 0.08g/100ml ";
15              (b) in the description of an offence under section 64AA, by
                      deleting "0.05%" and inserting instead --
                      " 0.05g/100ml ";
                 (c) in the description of an offence under section 64A, by
                      deleting "0.02%" and inserting instead --
20                    " 0.02g/100ml ".




 


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