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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic (Administration) Bill 2007
CONTENTS
Part 1 -- Preliminary
Division 1 -- General
1. Short title 2
2. Commencement 2
3. Crown bound 2
Division 2 -- Terms used in road laws
4. Terms used in road laws 2
5. Owner of a vehicle 9
6. Person responsible for a vehicle 9
7. Abbreviations 10
Part 2 -- Administration -- general
matters
8. Delegation of CEO's functions 11
9. Delegation of functions of Commissioner of Police 12
10. Delegation of functions of Commissioner of Main
Roads 12
11. Agreements for performance of functions 13
12. Provision of, access to, information 13
13. CEO may provide information to corresponding
authorities 16
14. Exchange of information between jurisdictions 16
15. Security of information in driver's licence register
and demerit points register 17
16. Information about new motor vehicles 17
17. Reciprocal powers of officers 18
18. Effect of directions etc., administrative actions of
other jurisdictions 19
19. Effect of court orders of other jurisdictions 20
252--2 page i
Road Traffic (Administration) Bill 2007
Contents
20. Funds to which charges and fees credited 21
Part 3 -- Wardens and police officers
21. Terms used in this Part 22
22. CEO may authorise persons to perform certain
warden functions 22
23. Commissioner of Police may authorise persons to
perform certain warden functions 22
24. Powers of wardens 23
25. Identification cards 23
26. Production of identification 24
27. Return of identification cards 24
Part 4 -- Enforcement of road laws
Division 1 -- Terms used in this Part
28. Terms used in this Part 26
29. Qualified, fit or authorised to drive or run engine 28
30. Unattended vehicle 29
31. Broken down vehicle 29
Division 2 -- General obligations
32. Giving name, address etc. 30
33. Production of driver's licence document, learner's
permit 31
34. Duty to identify offending driver or person in
charge of vehicle 32
35. Duty to take reasonable measures to be able to
comply with a driver identity request 33
36. Other offences 33
37. Manner of giving directions etc. under this
Division 35
Division 3 -- Directions to stop, move or leave
vehicles
38. Vehicles and drivers to which this Division applies 35
39. Direction to stop vehicle: to enable exercise of
other powers 35
40. Direction to move vehicle: to enable exercise of
other powers 36
41. Direction to move vehicle: where danger or
obstruction 37
42. Direction to leave vehicle 38
page ii
Road Traffic (Administration) Bill 2007
Contents
43. Manner of giving directions under this Division 39
44. Directions to be complied with 39
Division 4 -- Power to move vehicles
45. Moving unattended vehicle to exercise Division 5
powers 39
46. Moving unattended or broken down vehicle where
danger or obstruction 40
47. Moving vehicles parked without authority in
certain areas 41
48. Moving vehicles involved in an offence 42
49. Removal of other unattended vehicles 43
50. Authorisation of responsible person not required 43
Division 5 -- Powers of inspection and search
for MDLR compliance purposes
51. Residential purposes 43
52. Inspection of vehicles on roads, in public places or
certain official premises 44
53. Search of vehicles on roads, in public places or
certain official premises 45
54. Inspection of premises 47
55. Search of premises 49
Division 6 -- Other directions in relation to
MDLR compliance purposes
56. Direction to produce records, devices or other
things 51
57. Direction to provide information 53
58. Direction to provide reasonable assistance for
powers of inspection and search 54
59. Provisions relating to running engine 56
60. Manner of giving directions under this Division 57
61. Directions to state when to be complied with 57
Division 7 -- Warrants to enter premises for
MDLR compliance purposes
62. Terms used in this Division 58
63. Warrant, grounds for application 58
64. Warrant, manner of application 59
65. Warrant, issue of 60
66. Warrant, duration and execution of 61
page iii
Road Traffic (Administration) Bill 2007
Contents
Division 8 -- Other provisions regarding
inspections and searches for MDLR
compliance purposes
67. Use of assistants and equipment 62
68. Use of equipment to examine or process things 62
69. Use or seizure of electronic equipment 63
Division 9 -- Other provisions regarding
seizure for MDLR compliance purposes
70. Receipt for and access to seized material 64
71. Embargo notices 64
Division 10 -- Miscellaneous
72. Power to use force against persons to be exercised
only by police officers 66
73. Consent 66
74. Occupier's rights 67
75. Directions may be given under more than one
provision 68
76. Defence of compliance with direction 69
77. Restoring vehicle or premises to original condition
after action taken 69
78. Providing evidence to other authorities 69
Part 5 -- Infringement notices
Division 1 -- Infringement notices generally
79. Infringement notices 70
80. Service of infringement notices 70
81. Infringement notices for not applying for transfer
of vehicle licence 70
82. Declining to be dealt with under this Division 71
83. Withdrawal of infringement notices 71
84. Effect of payment of prescribed penalty 72
85. Regulations as to infringement notices 72
Division 2 -- Infringement notices left on
vehicles
86. Circumstances in which infringement notices can
be left on vehicles 73
87. If more than one responsible person 73
88. Effect of leaving infringement notice on a vehicle 74
89. Contents of infringement notices left on vehicles 74
page iv
Road Traffic (Administration) Bill 2007
Contents
Division 3 -- Infringement notices served on
responsible persons
90. Terms used in this Division 74
91. Service of infringement notice on responsible
person if identity of alleged offender not known 75
92. If more than one responsible person 76
93. If photographic evidence not included with
infringement notice 76
94. Responsible person presumed to be the driver in
certain circumstances 76
95. Contents of infringement notices served on
responsible persons 77
96. Statutory declarations -- requirements as to
delivery etc. 77
Division 4 -- Notices requesting information
from responsible persons
97. Meaning of "period for complying" 78
98. Notices requesting information 78
99. If photographic evidence not included with notice 79
100. Offence of failing to provide information, statutory
declaration 79
101. Withdrawal of notices 80
102. Contents of notices 80
103. Statutory declarations -- requirements as to
delivery etc. 80
104. Notice under section 98 or 99 may become an
infringement notice 81
Part 6 -- Prosecutions
Division 1 -- Commencing prosecutions
105. Who may commence a prosecution 82
106. When a prosecution can be commenced 82
107. Limitation on period for which previous offences
taken into account 83
108. Production of licences, permits at hearings 83
Division 2 -- Evidentiary provisions
109. Averments etc. in prosecution notices 83
110. Certificate evidence 86
111. Proof of authority of warden, vehicle examiner 87
112. Ascertainment of mass by weighbridge 88
page v
Road Traffic (Administration) Bill 2007
Contents
113. Ascertainment of mass by loadmeter etc. 89
114. Ascertainment of mass by reference to
manufacturer's specifications 90
115. Evidence regarding manufacturer's ratings 90
116. Proof of appointments and signatures unnecessary 91
117. Certain measuring equipment 92
118. Proof of transport, journey documentation 94
119. Bodies corporate or employers, conduct on behalf
of 94
120. Burden of proof where load falls off vehicle 96
Division 3 -- Sentencing matters
121. Minimum fines 96
122. Penalties for bodies corporate 96
Part 7 -- Damage to road
infrastructure
123. Terms used in this Part 97
124. Compensation orders for damage to road
infrastructure in consequence of MDLR offences 98
125. Assessment of compensation 98
126. Service of certificates 99
127. Limits on amount of compensation 100
128. Costs 100
129. Enforcement of compensation order and costs 101
130. Relationship with orders or awards of other courts
and tribunals 101
131. Liability for damage to road infrastructure 101
132. Road authority may recover expenses of damage
caused by heavy traffic 102
Part 8 -- Miscellaneous
133. Review of decisions under road laws 104
134. Amendment or revocation of directions or
conditions 105
135. Protection from liability for wrongdoing 105
136. Protection of people testing or examining or giving
certain information 106
137. Liability of director, etc., of a body corporate that
is owner of a vehicle 106
138. Contracting out prohibited 107
page vi
Road Traffic (Administration) Bill 2007
Contents
139. Temporary suspension of road law 107
140. Confusing lights affecting traffic on roads 108
141. Closure of roads 110
142. Liability under other laws 111
143. Regulations 111
144. Minister's declarations to apply regulations to
areas other than roads etc. 112
145. Minister's declarations that specified regulations
do not apply to specified persons or vehicles 112
146. Regulations may refer to published documents 112
Part 9 -- Transitional and
consequential provisions
Division 1 -- Transitional provisions arising
from certain amendments made by the
Road Traffic (Consequential Provisions)
Act 2007
Subdivision 1 -- Transitional provisions arising
from certain amendments made to the Road
Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
147. Terms used in this Subdivision 114
148. Application of the Interpretation Act 1984 114
149. Notices by which a person nominated as vehicle
owner 114
150. Notices as to corresponding laws about persons
responsible for a vehicle 115
151. Delegations and approvals 115
152. Agreements as to Director General's functions 115
153. Use of certain particulars 115
154. Applications for grant or transfer of vehicle
licences 116
155. Notices and delegations as to temporary
suspension of laws 116
156. Agreements as to expenses for repairing damage to
roads caused by heavy traffic 116
157. Unauthorised parking areas 116
158. Confusing lights affecting traffic on roads 116
159. Closure of roads 117
page vii
Road Traffic (Administration) Bill 2007
Contents
160. Notices, certificates and delegations as to evidence
about measuring equipment 117
161. Infringement notices 118
162. Notices requesting information 118
163. Minister's declarations to apply regulations to
areas other than roads etc. 119
164. Transitional regulations 119
Subdivision 2 -- Transitional provisions arising
from amendments made to other written laws
by the Road Traffic (Consequential Provisions)
Act 2007
165. Transitional regulations for laws other than road
laws 119
Division 2 -- Amendments to regulations as a
consequence of certain 2007 enactments
166. Power to make consequential amendments to
regulations under any Act 119
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Road Traffic (Administration) Bill 2007
A Bill for
An Act to provide for the administration and enforcement of the
Road Traffic Act 1974, the Road Traffic (Authorisation to Drive)
Act 2007 and the Road Traffic (Vehicles) Act 2007 and for other
matters relating to road traffic.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic (Administration) Bill 2007
Part 1 Preliminary
Division 1 General
s. 1
Part 1 -- Preliminary
Division 1 -- General
1. Short title
This is the Road Traffic (Administration) Act 2007.
5 2. Commencement
This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation.
10 3. Crown bound
(1) Each of the road laws binds the Crown in right of the State and,
so far as the legislative power of the Parliament of the State
permits, the Crown in all its other capacities.
(2) Despite subsection (1), the road laws do not apply to --
15 (a) a vehicle --
(i) for the personal use of the Governor; and
(ii) the use of which is authorised by the Governor;
or
(b) a person driving or in charge of a vehicle for the
20 personal use of the Governor while carrying out the
Governor's personal directions.
Division 2 -- Terms used in road laws
4. Terms used in road laws
In a road law, unless the contrary intention appears --
25 "Australian driver licence" has the meaning given to that term
in the Road Traffic (Authorisation to Drive) Act 2007
section 3(1);
page 2
Road Traffic (Administration) Bill 2007
Preliminary Part 1
Terms used in road laws Division 2
s. 4
"Australian driver licensing authority" has the meaning
given to that term in the Road Traffic (Authorisation to
Drive) Act 2007 section 3(1);
"Australian police officer" means --
5 (a) a police officer; or
(b) a member of the police force of another jurisdiction;
"axle" means one or more shafts, positioned in a line across a
vehicle, on which one or more wheels intended to support
the vehicle turn;
10 "axle group" means --
(a) a single axle group, namely a group of at least 2 axles
in which the horizontal distance between the centres
of the outermost axles is under 1 m; or
(b) a tandem axle group, namely a group of at least
15 2 axles in which the horizontal distance between the
centres of the outermost axles is at least 1 m, but not
over 2 m; or
(c) a twinsteer axle group, namely a group of 2 axles --
(i) with single tyres; and
20 (ii) fitted to a motor vehicle and connected to the
same steering mechanism; and
(iii) the horizontal distance between the centres of
which is at least 1 m, but not over 2 m;
or
25 (d) a tri-axle group, namely a group of at least 3 axles in
which the horizontal distance between the centres of
the outermost axles is over 2 m, but not over 3.2 m;
or
(e) a quad-axle group, namely a group of 4 axles in
30 which the horizontal distance between the centres of
the outermost axles is over 3.2 m, but not over 4.9 m;
"bodily harm" has the meaning given to that term in
The Criminal Code section 1(1);
page 3
Road Traffic (Administration) Bill 2007
Part 1 Preliminary
Division 2 Terms used in road laws
s. 4
"business address", in relation to an individual, means the
place from which that person normally works or carries on
business;
"CEO" means the chief executive officer of the department of
5 the Public Service principally assisting in the
administration of this Act;
"co-driver" has the meaning given to that term in section 28;
"condition" includes a limitation or restriction;
"corresponding", in relation to the law of another jurisdiction
10 and a law of this State, includes --
(a) a law of the other jurisdiction that substantially
corresponds to the law of this State; and
(b) a law of the other jurisdiction that is declared under
the regulations to be a law corresponding to the law
15 of this State, whether or not the law corresponds, or
substantially corresponds, to the law of this State;
"corresponding authority" means --
(a) a person whose functions under the law of another
jurisdiction correspond or substantially correspond to
20 any function of the CEO under a road law; or
(b) a person prescribed by the regulations as the
corresponding authority for another jurisdiction for
the purposes of a road law;
"demerit points register" has the meaning given to that term in
25 the Road Traffic (Authorisation to Drive) Act 2007
section 40;
"district" means a district under the Local Government
Act 1995;
"drive" includes --
30 (a) in relation to a vehicle, to have control over the
steering, movement or propulsion of the vehicle;
page 4
Road Traffic (Administration) Bill 2007
Preliminary Part 1
Terms used in road laws Division 2
s. 4
(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;
5 "driver" means any person driving a vehicle or animal;
"driver's licence" has the meaning given to that term in the
Road Traffic (Authorisation to Drive) Act 2007
section 3(1);
"driver's licence register" means the register mentioned in the
10 Road Traffic (Authorisation to Drive) Act 2007
section 4(1)(a)(ii);
"equipment", in relation to a vehicle, has the meaning given to
that term in the Road Traffic (Vehicles) Act 2007
section 3(1);
15 "extract" from a record, device or other thing means a copy of
any information contained in the record, device or other
thing;
"GCM" has the meaning given to that term in the Road Traffic
(Vehicles) Act 2007 section 3(1);
20 "GVM" has the meaning given to that term in the Road Traffic
(Vehicles) Act 2007 section 3(1);
"heavy vehicle" has the meaning given to that term in the Road
Traffic (Vehicles) Act 2007 section 3(1);
"home address" --
25 (a) in the case of an individual, means the person's
residential address or place of abode in Australia; or
(b) in the case of a body corporate that has a registered
office in Australia, means the address of the
registered office; or
30 (c) in any other case, means the address of the person's
principal or only place of business in Australia;
"infringement notice" means a notice mentioned in section 79;
page 5
Road Traffic (Administration) Bill 2007
Part 1 Preliminary
Division 2 Terms used in road laws
s. 4
"inspection station" has the meaning given to that term in the
Road Traffic (Vehicles) Act 2007 section 71;
"involved person" has the meaning given to that term in the
Road Traffic (Vehicles) Act 2007 section 3(1);
5 "journey documentation" has the meaning given to that term
in the Road Traffic (Vehicles) Act 2007 section 3(1);
"jurisdiction" means --
(a) the Commonwealth; or
(b) a State; or
10 (c) an internal Territory, as defined in the Acts
Interpretation Act 1901 of the Commonwealth;
"learner's permit" has the meaning given to that term in the
Road Traffic (Authorisation to Drive) Act 2007
section 3(1);
15 "light vehicle" has the meaning given to that term in the Road
Traffic (Vehicles) Act 2007 section 3(1);
"load", when used as a noun in relation to a vehicle, has the
meaning given to that term in the Road Traffic (Vehicles)
Act 2007 section 3(1);
20 "MDLR compliance purposes" has the meaning given to that
term in section 28;
"MDLR offence" has the meaning given to that term in
section 28;
"motor vehicle" --
25 (a) in relation to authorisation to drive, means a vehicle
that is built to be propelled by a motor that forms part
of the vehicle;
(b) otherwise, means a self-propelled vehicle that is not
operated on rails and --
30 (i) includes a trailer, semi-trailer or caravan
while attached to the vehicle; but
(ii) does not include a power assisted pedal cycle;
page 6
Road Traffic (Administration) Bill 2007
Preliminary Part 1
Terms used in road laws Division 2
s. 4
"occupier" of premises includes any person who appears to
have the control or management of the place;
"owner", in relation to a vehicle, has the meaning given to that
term in section 5;
5 "passenger", in relation to a vehicle, has the meaning given to
that term in the Road Traffic (Vehicles) Act 2007
section 3(1);
"power assisted pedal cycle" means a vehicle --
(a) designed to be propelled through a mechanism
10 operated solely by human power; and
(b) to which is attached one or more auxiliary propulsion
motors having a combined maximum output not
exceeding the amount of power prescribed for the
purposes of this definition;
15 "premises" includes any structure, building, vessel or place
(whether built on or not), and any part of any such
structure, building, vessel or place;
"public authority" means --
(a) a Minister of the State; or
20 (b) a department of the Public Service; or
(c) a local government or a regional local government; or
(d) a body, whether incorporated or not, or the holder of
an office, being a body or office that is established
for a public purpose under a written law and that,
25 under the authority of a written law, performs a
function on behalf of the State;
"public safety" has the meaning given to that term in
section 28;
"records" means any documents, documentation or records,
30 whether in paper, electronic or any other form;
"responsible person", for a vehicle, means a person
responsible for the vehicle under section 6;
page 7
Road Traffic (Administration) Bill 2007
Part 1 Preliminary
Division 2 Terms used in road laws
s. 4
"road" means any highway, road or street open to, or used by,
the public and includes every carriageway, footway,
reservation, median strip and traffic island on it;
"road infrastructure" has the meaning given to that term in
5 section 123;
"road law" means any of the following enactments --
(a) this Act;
(b) the Road Traffic Act 1974;
(c) the Road Traffic (Authorisation to Drive) Act 2007;
10 (d) the Road Traffic (Vehicles) Act 2007;
"road transport" has the meaning given to that term in the
Road Traffic (Vehicles) Act 2007 section 3(1);
"traffic" includes vehicular traffic, pedestrian traffic and all
other forms of road traffic;
15 "transport documentation" has the meaning given to that term
in the Road Traffic (Vehicles) Act 2007 section 3(1);
"use", in relation to the use of a vehicle on a road, includes the
drawing or propelling, in any manner, of a vehicle on a
road;
20 "vehicle" includes --
(a) every conveyance, not being a train, vessel or
aircraft, and every object capable of being propelled
or drawn, on wheels or tracks, by any means; and
(b) where the context permits, an animal being driven or
25 ridden;
"vehicle licence" means a vehicle licence granted under the
Road Traffic (Vehicles) Act 2007;
"warden" means a person who is authorised under section 22
or 23 to perform a function that can be performed by a
30 warden.
page 8
Road Traffic (Administration) Bill 2007
Preliminary Part 1
Terms used in road laws Division 2
s. 5
5. Owner of a vehicle
(1) In a road law --
"owner", in relation to a vehicle, means --
(a) the person who is entitled to the immediate
5 possession of the vehicle; or
(b) if there are several persons entitled to its immediate
possession, the person whose entitlement is
paramount,
but if one of 2 or more persons fitting that description has
10 been nominated for the purposes of subsection (2) it means
only the person nominated.
(2) If a vehicle is owned by more than one person and one of those
persons is nominated by all such persons, by notice in writing
given to the CEO, then for the purposes of a road law, the
15 nominated person is to be taken to be the owner of the vehicle.
6. Person responsible for a vehicle
(1) In this section --
"licence holder", in relation to a vehicle, means a person in
whose name the vehicle is licensed;
20 "licensed", in relation to a vehicle, means licensed under the
Road Traffic (Vehicles) Act 2007, registered under the
Control of Vehicles (Off-road areas) Act 1978 or licensed
or registered under a law of another jurisdiction
corresponding to either of those Acts.
25 (2) For the purposes of a road law a person responsible for a vehicle
is --
(a) if the vehicle is licensed -- any licence holder who has
not given a notice as described in paragraph (b); or
(b) if a licence holder has given notice under the Road
30 Traffic (Vehicles) Act 2007 section 10(1), or a law of
another jurisdiction corresponding to that provision, of a
change in ownership of the vehicle and subsection (3)
page 9
Road Traffic (Administration) Bill 2007
Part 1 Preliminary
Division 2 Terms used in road laws
s. 7
does not apply -- the new owner as specified in the
notice or, if more than one is specified, each of them; or
(c) if the vehicle is not licensed but was previously licensed
and subsection (3) does not apply -- a person
5 responsible under paragraph (a) or (b) before the vehicle
last ceased to be licensed; or
(d) in any other case --
(i) the person who is entitled to the immediate
possession of the vehicle; or
10 (ii) if there are several persons entitled to its
immediate possession, the person whose
entitlement is paramount.
(3) Despite subsection (2), a person is not responsible for a vehicle
under subsection (2)(b), if it can be shown that the person did
15 not agree to becoming an owner of the vehicle and has notified
the CEO in writing accordingly or has given a notice to a
similar effect to another Australian driver licensing authority.
7. Abbreviations
In provisions of a road law dealing with penalties for
20 offences --
(a) these abbreviations are used --
"Disq" for minimum period of disqualification;
"Max" for maximum fine;
"Min" for minimum fine;
25 "PU" for penalty unit or penalty units;
and
(b) a reference to a number of PU is a reference to an
amount (in dollars) that is that number multiplied by 50.
page 10
Road Traffic (Administration) Bill 2007
Administration -- general matters Part 2
s. 8
Part 2 -- Administration -- general matters
8. Delegation of CEO's functions
(1) The CEO may delegate to a person any power or duty of the
CEO under another provision of a road law.
5 (2) The delegation must be in writing signed by the CEO.
(3) If a person is not employed in the department of the Public
Service principally assisting in the administration of this Act, a
power or duty can only be delegated to the person under this
section if the person has been approved by the Minister for the
10 purposes of this section.
(4) An approval under subsection (3) may be given in respect of --
(a) a specified person or persons of a specified class; or
(b) the holder or holders for the time being of a specified
office or class of office.
15 (5) Despite subsection (3), the CEO may delegate to the
Commissioner of Main Roads the power to give specific or
standing instructions requiring the moving of vehicles for the
purposes of the Road Traffic (Vehicles) Act 2007
section 65(1)(b) or 66(1)(b).
20 (6) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(7) A person exercising or performing a power or duty that has been
delegated to the person under this section, is to be taken to do so
in accordance with the terms of the delegation unless the
25 contrary is shown.
(8) Nothing in this section limits the ability of the CEO to perform
a function through an officer or agent.
page 11
Road Traffic (Administration) Bill 2007
Part 2 Administration -- general matters
s. 9
9. Delegation of functions of Commissioner of Police
(1) The Commissioner of Police may delegate to --
(a) a specified police officer; or
(b) a police officer of a specified class; or
5 (c) a person who is employed in the department of the
Public Service principally assisting in the administration
of the Police Act 1892,
any power or duty of the Commissioner under another provision
of a road law.
10 (2) The delegation must be in writing signed by the Commissioner
of Police.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been
15 delegated to the person under this section, is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner of
Police to perform a function through an officer or agent.
20 10. Delegation of functions of Commissioner of Main Roads
(1) The Commissioner of Main Roads may delegate to a person
appointed under the Main Roads Act 1930 section 10(1) to be an
officer of the Commissioner or to a police officer a power or
duty of the Commissioner under the Road Traffic (Vehicles)
25 Act 2007 Part 4, including any regulation made under or for the
purposes of that Part.
(2) The delegation must be in writing signed by the Commissioner
of Main Roads.
(3) A person to whom a power or duty is delegated under this
30 section cannot delegate that power or duty.
page 12
Road Traffic (Administration) Bill 2007
Administration -- general matters Part 2
s. 11
(4) A person exercising or performing a power or duty that has been
delegated to the person under this section, is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
5 (5) Nothing in this section limits the ability of the Commissioner of
Main Roads to perform a function through an officer or agent.
11. Agreements for performance of functions
(1) The CEO may enter into an agreement providing for the CEO's
functions under a road law that are described in the agreement
10 to be performed on behalf of the CEO.
(2) The agreement may be with the Commissioner of Police, a local
government, or any other person or body, whether or not the
person or body has itself functions of a public nature.
(3) A function described in the agreement may be performed --
15 (a) in accordance with the agreement; and
(b) on and subject to terms and conditions in the agreement.
(4) If the performance of a function is dependent upon the opinion,
belief, or state of mind of the CEO it may be performed under
the agreement upon the opinion, belief, or state of mind of the
20 body or person with whom the agreement is made or another
person provided for in the agreement.
(5) For the purposes of this Act or any other written law, an act or
thing done by, to, by reference to, or in relation to, a body or
person in connection with the performance by that body or
25 person under the agreement of a function of the CEO is as
effectual as if it had been done by, to, by reference to or in
relation to, the CEO.
12. Provision of, access to, information
(1) In this section --
30 "incident particulars" means particulars provided in relation to
an incident in a report made under the Road Traffic
page 13
Road Traffic (Administration) Bill 2007
Part 2 Administration -- general matters
s. 12
Act 1974 section 56(1) or (4), and includes particulars of
any evidence, statements, reports or other information
obtained as a result of any investigation made into the
incident;
5 "licence" means a driver's licence, a vehicle licence or a licence
under the Motor Vehicle Drivers Instructors Act 1963;
"offence particulars" means particulars of any offences of
which a person has been convicted whether within the State
or elsewhere and whether relating to road traffic matters or
10 any other matters, and includes particulars of --
(a) the penalties, suspensions, cancellations or
disqualifications arising from any such convictions;
and
(b) the instances in which a person has paid a penalty
15 under an infringement notice; and
(c) the demerit points recorded against a person under
the Road Traffic (Authorisation to Drive) Act 2007
Part 4;
"permit" means a learner's permit, a permit granted under the
20 Road Traffic (Vehicles) Act 2007 section 13(1) or a permit
under the Motor Vehicle Drivers Instructors Act 1963;
"supply", in relation to particulars, includes to provide the
particulars or to allow access to the particulars at all times.
(2) The CEO is to supply the Commissioner of Police with --
25 (a) particulars of licences and permits held or granted and
of the persons who hold licences or permits or to whom
licences or permits have been granted; and
(b) offence particulars that are contained in the driver's
licence register, the demerit points register or a register
30 of vehicle licences, concerning persons mentioned in
paragraph (a).
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Road Traffic (Administration) Bill 2007
Administration -- general matters Part 2
s. 12
(3) Particulars supplied to the Commissioner of Police under
subsection (2) --
(a) may be used in the performance of the functions of the
Commissioner of Police, whether under a road law or
5 otherwise; and
(b) may be supplied by the Commissioner of Police to an
officer, department or instrumentality of this State,
another State, a Territory, the Commonwealth or another
country for use in the performance of the functions of
10 that officer, department or instrumentality.
(4) The CEO may allow a prescribed person or a person belonging
to a prescribed class of persons to have access to records in
relation to licences for the purposes of the performance of the
person's functions under a written law or for a function relating
15 to the enforcement or administration of a written law.
(5) The CEO is to allow the Registrar appointed under the Fines,
Penalties and Infringement Notices Enforcement Act 1994
section 7(1) to have access to records in relation to licences for
the purposes of that Act.
20 (6) The Commissioner of Police is to supply the CEO with such
incident particulars and offence particulars as are known to the
Commissioner of Police concerning a person who has applied
for the grant of a licence or permit, or who holds a licence or
permit, or to whom a licence or permit has been granted.
25 (7) Particulars supplied under subsection (6) may be used in the
performance of any function that the CEO has under a road law.
(8) The supply of particulars under subsection (2), (5) or (6) is to be
free of charge.
(9) The regulations may provide for the CEO to disclose
30 information about a person who has applied for, who holds, or
who has held, a licence or learner's permit.
page 15
Road Traffic (Administration) Bill 2007
Part 2 Administration -- general matters
s. 13
13. CEO may provide information to corresponding authorities
(1) The CEO may provide information to a corresponding authority
about --
(a) any action taken by or on behalf of the CEO or the
5 Commissioner for Main Roads under a road law; or
(b) a direction, authorisation or notice of a kind mentioned
in section 18(2)(a), (b), (c), (d), (e) or (f); or
(c) any information obtained under a road law, including
any information contained in any records, devices or
10 other things inspected or seized under a road law.
(2) This section neither affects nor is affected by section 78.
14. Exchange of information between jurisdictions
(1) In this section --
"infringement notice" has the meaning given to that term in
15 the Road Traffic (Authorisation to Drive) Act 2007
section 40.
(2) The CEO may provide to another Australian driver licensing
authority any information sought by that authority for the
purposes of performing that authority's functions to do with
20 driver licensing.
(3) If the CEO provides to another Australian driver licensing
authority information about an offence of which a person has
been convicted or for which a person has been given an
infringement notice, the CEO is also to provide information
25 of --
(a) any quashing of the conviction; or
(b) any withdrawal of the infringement notice or the matter
coming before a court for determination; or
(c) any withdrawal of proceedings under the Fines,
30 Penalties and Infringement Notices Enforcement
Act 1994 Part 3 in respect of the infringement notice; or
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Road Traffic (Administration) Bill 2007
Administration -- general matters Part 2
s. 15
(d) anything else known to the CEO concerning the offence,
the disclosure of which is likely to be favourable to that
person.
(4) The CEO may seek from another Australian driver licensing
5 authority any information that the CEO considers relevant for
the purposes of performing functions under a road law.
(5) The CEO may, for the purposes of performing functions under a
road law, use information obtained from another Australian
driver licensing authority.
10 15. Security of information in driver's licence register and
demerit points register
The CEO must ensure that information contained in the driver's
licence register or the demerit points register that --
(a) would disclose the name, address, date of birth, or any
15 medical details of an individual; or
(b) has commercial sensitivity for the person about whom it
is kept,
is not released except as provided by the regulations.
16. Information about new motor vehicles
20 (1) A person who manufactures or distributes a new type of motor
vehicle that is manufactured in, or imported into, the State must
provide to the CEO such of the following information as is
known to the person and requested by the CEO --
(a) particulars of the construction of the vehicle;
25 (b) the vehicle's unloaded mass;
(c) the vehicle's GVM;
(d) the vehicle's GCM.
Penalty: a fine of 16 PU.
page 17
Road Traffic (Administration) Bill 2007
Part 2 Administration -- general matters
s. 17
(2) In subsection (1)(b) --
"unloaded mass" means the mass of the vehicle in running
order, equipped with all standard equipment and with all
fuel and other fluid reservoirs filled to nominal capacity,
5 but unoccupied and without any other load.
17. Reciprocal powers of officers
(1) This section has effect in relation to another jurisdiction while a
law of the other jurisdiction contains provisions corresponding
to this section.
10 (2) The Minister to whom the administration of a particular road
law (the "road law") is for the time being committed by the
Governor may enter into agreements about the road law with a
Minister of the other jurisdiction for the purposes of this section,
and to amend or revoke any such agreement.
15 (3) To the extent envisaged by such an agreement --
(a) police officers may, in this State or the other
jurisdiction, exercise powers or perform other functions
conferred respectively on authorised officers or
members of the police force of the other jurisdiction
20 under a law of the other jurisdiction corresponding to
the road law; and
(b) authorised officers or members of the police force of the
other jurisdiction may, in this State or the other
jurisdiction, exercise powers or perform other functions
25 conferred on police officers under the road law.
(4) Anything done or omitted to be done by a police officer as
mentioned in subsection (3)(a) is to be taken to have been done
under the road law as well as under the law of the other
jurisdiction corresponding to the road law.
30 (5) Regulations may make provision for or with respect to the
exercise of powers or performance of other functions under this
section.
page 18
Road Traffic (Administration) Bill 2007
Administration -- general matters Part 2
s. 18
18. Effect of directions etc., administrative actions of other
jurisdictions
(1) In this section --
"administrative action" means any action of an administrative
5 nature that is prescribed by the regulations except the issue
of a direction, notice or certificate mentioned in
subsection (2);
"administrative authority" means --
(a) a corresponding authority; or
10 (b) a person holding an office constituted by or under the
law of another jurisdiction and prescribed by the
regulations; or
(c) a body constituted by or under the law of another
jurisdiction and prescribed by the regulations.
15 (2) The regulations are to provide for the recognition of anything
under the law of another jurisdiction corresponding to --
(a) a direction under section 39, 40, 41 or 42; or
(b) a direction under Part 4 Division 6; or
(c) a direction under the Road Traffic (Vehicles) Act 2007
20 section 64(2) or (3), 65(2) or (5) or 66(3) or (5); or
(d) an authorisation under the Road Traffic (Vehicles)
Act 2007 section 68(2); or
(e) a defect notice issued under Road Traffic (Vehicles)
Act 2007 section 72(1); or
25 (f) an improvement notice, a notice of an amendment of an
improvement notice, or a clearance certificate given or
issued under the Road Traffic (Vehicles) Act 2007 Part 6
Division 4,
and, if they do, are to specify the effects of that recognition for
30 the purposes of this Act or any other relevant road law.
(3) An administrative action of an administrative authority under or
in connection with a law of another jurisdiction corresponding
page 19
Road Traffic (Administration) Bill 2007
Part 2 Administration -- general matters
s. 19
to a road law has effect in this State as if it were made or done
under the road law.
(4) Nothing in this section gives an administrative action effect in
this State or in a particular place in this State --
5 (a) in so far as the action is incapable of having effect in or
in relation to this State or that place; or
(b) if any terms of the action expressly provide that the
action does not extend or apply to or in relation to this
State or that place; or
10 (c) if any terms of the action expressly provide that the
action has effect only in the other jurisdiction or a
specified place in the other jurisdiction.
19. Effect of court orders of other jurisdictions
(1) In this section --
15 "order" means an order, of a kind that is prescribed by
regulations, in any judicial or other proceedings, civil or
criminal, as in force from time to time.
(2) An order of a court or tribunal of another jurisdiction under or
in connection with a law of the other jurisdiction corresponding
20 to a road law has effect in this State as if it were made under the
road law.
(3) Nothing in this section enables an order to have effect in this
State or in a particular place in this State --
(a) in so far as the order is incapable of having effect in or
25 in relation to this State or that place; or
(b) if any terms of the order expressly provide that the order
does not extend or apply to or in relation to this State or
that place; or
(c) if any terms of the order expressly provide that the order
30 has effect only in the other jurisdiction or a specified
place in the other jurisdiction.
page 20
Road Traffic (Administration) Bill 2007
Administration -- general matters Part 2
s. 20
20. Funds to which charges and fees credited
(1) The CEO, on or before the 15th day of the month next following
that in which the CEO receives them, is to credit to the
Consolidated Account all vehicle licence charges payable under
5 the Road Traffic (Vehicles) Act 2007 section 7(3).
(2) All recording fees paid under the Road Traffic (Vehicles)
Act 2007 section 7(1) to the CEO may be retained by the CEO.
(3) All fees taken under regulations mentioned in the Road Traffic
(Vehicles) Act 2007 section 38(g), 44(g) or 46(j) are to be
10 credited to the Consolidated Account.
(4) An amount equal to the amounts credited to the Consolidated
Account under subsections (1) and (3) is to be --
(a) credited to the Main Roads Trust Account maintained
under the Main Roads Act 1930; and
15 (b) charged to the Consolidated Account,
and this subsection appropriates the Consolidated Account
accordingly.
page 21
Road Traffic (Administration) Bill 2007
Part 3 Wardens and police officers
s. 21
Part 3 -- Wardens and police officers
21. Terms used in this Part
In this Part --
"issuing authority" --
5 (a) in relation to a person authorised under section 22
means the CEO;
(b) in relation to a person authorised under section 23
means the Commissioner of Police;
"warden's function" means a function --
10 (a) that is prescribed by regulations mentioned in
section 22 or 23(c) as a function that can be
performed by a warden; or
(b) under section 23(a) or (b).
22. CEO may authorise persons to perform certain warden
15 functions
The CEO may authorise a person to perform one or more of the
functions relating to any provision of a road law, other than the
Road Traffic Act 1974, that are prescribed by the regulations as
functions that can be performed by a warden.
20 23. Commissioner of Police may authorise persons to perform
certain warden functions
The Commissioner of Police may authorise a person to perform
one or more of the functions relating to any of the following --
(a) the control of vehicles and pedestrians at children's
25 crossings and pedestrian crossings;
(b) the escort and movement of oversize vehicles;
(c) the functions under the Road Traffic Act 1974 that are
prescribed by the regulations as functions that can be
performed by a warden.
page 22
Road Traffic (Administration) Bill 2007
Wardens and police officers Part 3
s. 24
24. Powers of wardens
(1) In performing a warden's function that a warden is authorised to
perform --
(a) the warden has such of the powers conferred under a
5 road law on a police officer in relation to the function as
are prescribed; and
(b) a reference in a road law to a police officer is to be read
as including a warden if the regulations so provide.
(2) The regulations cannot authorise a warden to use force against a
10 person.
(3) The regulations may authorise a warden to amend or revoke a
direction given, or a condition imposed, under a road law by
another warden but cannot authorise a warden to amend or
revoke a direction given, or a condition imposed, under a road
15 law by a police officer.
(4) The CEO has all the powers necessary for the performance of a
warden's function mentioned in section 22 except a power that
requires the physical presence of a person at the scene to
exercise the power.
20 25. Identification cards
(1) The issuing authority is to issue a warden with an identification
card.
(2) An identification card is to --
(a) contain a photograph of the warden, the name of the
25 issuing authority and either --
(i) the name and signature of the warden; or
(ii) a unique number that has been assigned to the
warden by the issuing authority;
and
30 (b) specify that the person to whom the card is issued is a
warden and the nature of the warden's functions.
page 23
Road Traffic (Administration) Bill 2007
Part 3 Wardens and police officers
s. 26
26. Production of identification
(1) In this section --
"incident" means --
(a) a single incident; or
5 (b) a connected series of incidents involving the same or
substantially the same parties and occurring during a
period of 72 hours;
(2) This section applies to a power conferred on a person under a
road law, but only if the physical presence of the person at the
10 scene is necessary for the exercise of the power.
(3) A warden who is exercising or about to exercise a power for
MDLR compliance purposes is required to identify himself or
herself and to produce the warden's identification card for
inspection.
15 (4) A police officer who is exercising or about to exercise a power
is required to identify himself or herself, by either of the
following methods (at the officer's choice) --
(a) producing his or her police identification;
(b) stating orally or in writing his or her name, rank and
20 place of duty.
(5) A warden or police officer is required to comply with a
requirement under subsection (3) or (4) as soon as is reasonably
practicable.
(6) A warden or police officer need only identify himself or herself
25 once to a particular person during the course of an incident,
even though more than one power is being exercised during the
course of the incident.
27. Return of identification cards
(1) An issuing authority may request a person who is no longer a
30 warden to return any identification card issued to the person by
page 24
Road Traffic (Administration) Bill 2007
Wardens and police officers Part 3
s. 27
the issuing authority and to do so within a period specified by
the issuing authority.
(2) A person to whom a request is made under subsection (1) must
not, without reasonable excuse, fail to comply with the request.
5 Penalty: a fine of 10 PU.
page 25
Road Traffic (Administration) Bill 2007
Part 4 Enforcement of road laws
Division 1 Terms used in this Part
s. 28
Part 4 -- Enforcement of road laws
Division 1 -- Terms used in this Part
28. Terms used in this Part
In this Part --
5 "co-driver" means a person accompanying the driver of a
vehicle on a journey who has been, is, or will be, sharing
the task of driving the vehicle during the journey;
"driver" or "co-driver", in relation to a vehicle that is a trailer
that is not connected (either directly or by one or more
10 other trailers) to a towing vehicle, means the driver or
co-driver of the towing vehicle to which the trailer was last
connected;
"MDLR compliance purposes" (which stands for "mass,
dimension or loading requirement compliance purposes")
15 means either or both of the following purposes --
(a) to find out whether any of the following provisions is
being complied with --
(i) a provision in the Road Traffic (Vehicles)
Act 2007 Part 4, 6, 7, 8 or 11;
20 (ii) any regulation made under or for the purposes
of a provision mentioned in subparagraph (i);
(b) to investigate a breach or suspected breach of a
provision mentioned in paragraph (a);
"MDLR offence" (which stands for "mass, dimension or
25 loading requirement offence") means an offence under any
of the following provisions --
(a) a provision in the Road Traffic (Vehicles) Act 2007
Part 4, 6, 7, 8 or 11;
(b) any regulation made under or for the purposes of a
30 provision mentioned in paragraph (a);
page 26
Road Traffic (Administration) Bill 2007
Enforcement of road laws Part 4
Terms used in this Part Division 1
s. 28
(c) section 44 in relation to a direction under
section 39, 40 or 42 if the direction was for the
purpose of, or in connection with, exercising a power
in relation to a breach or suspected breach of a
5 provision mentioned in paragraph (a) or (b);
(d) section 56(4);
(e) section 57(3) or (4);
(f) section 58(5);
(g) section 71(5) or (7);
10 "public place" includes a place --
(a) of public resort open to or used by the public as of
right; or
(b) for the time being --
(i) used for a public purpose; or
15 (ii) open to access by the public,
whether on payment or otherwise; or
(c) open to access by the public by the express or tacit
consent or sufferance of the owner of that place,
whether the place is or is not always open to the
20 public,
but does not include --
(d) a track that at the material time is being used as a
course for racing or testing motor vehicles and from
which other traffic is excluded during that use; or
25 (e) a road; or
(f) a place declared by the regulations not to be a public
place;
"public safety" means the safety of persons or property,
including the safety of --
30 (a) the drivers of, and passengers in, vehicles; and
page 27
Road Traffic (Administration) Bill 2007
Part 4 Enforcement of road laws
Division 1 Terms used in this Part
s. 29
(b) persons in or in the vicinity of, or likely to be in or in
the vicinity of, road infrastructure and public places;
and
(c) vehicles and their loads;
5 "run" the engine of a vehicle includes to start or stop the
engine.
29. Qualified, fit or authorised to drive or run engine
(1) In this Part, a person is "qualified to drive a vehicle or to run
its engine" if the person --
10 (a) holds an Australian driver licence of the appropriate
class to drive it and the licence is in effect; and
(b) is not prevented under a law (including, for example, by
the conditions of the licence) from driving it at the
relevant time.
15 (2) In this Part, a person is "fit to drive a vehicle or to run its
engine" if at the relevant time --
(a) the person is apparently physically and mentally fit to
drive the vehicle; and
(b) the person is not apparently impaired by alcohol or
20 drugs; and
(c) the person's blood alcohol content, as defined in the
Road Traffic Act 1974 section 65, is not of or above a
level specified under that Act or a court order in relation
to the person; and
25 (d) a prescribed illicit drug, as defined in the Road Traffic
Act 1974 section 65, is not present in the person's oral
fluid or blood.
(3) In this Part, a person is --
(a) "authorised to drive a vehicle" if the person is a
30 responsible person for the vehicle or has the authority of
a responsible person for the vehicle to drive it;
page 28
Road Traffic (Administration) Bill 2007
Enforcement of road laws Part 4
Terms used in this Part Division 1
s. 30
(b) "authorised to run the engine of a vehicle" if the
person is a responsible person for the vehicle or has the
authority of a responsible person for the vehicle to drive
it or to run the engine,
5 regardless of whether or not the person is qualified to drive the
vehicle or run its engine as mentioned in subsection (1).
30. Unattended vehicle
(1) In this Part, a vehicle is "unattended" if --
(a) a police officer reasonably believes, after inspection and
10 enquiry by the officer that is reasonable in the
circumstances, that there is no person in, on or in the
vicinity of, the vehicle who is the driver or a co-driver of
the vehicle; or
(b) a police officer reasonably believes that the driver or a
15 co-driver of the vehicle is in, on or in the vicinity of, the
vehicle but that --
(i) the person is not qualified, not fit or not
authorised to drive it; or
(ii) the person is unwilling to drive it; or
20 (iii) the person is subject to a direction under
section 42 in relation to the vehicle.
(2) For the purposes of subsection (1)(a), inspection may be
conducted by means of camera or other remote surveillance
system.
25 31. Broken down vehicle
In this Part, a vehicle is "broken down" if it is not possible to
drive the vehicle in the usual manner because it or one of its
parts is disabled through damage, mechanical failure, lack of
fuel or any similar reason.
page 29
Road Traffic (Administration) Bill 2007
Part 4 Enforcement of road laws
Division 2 General obligations
s. 32
Division 2 -- General obligations
32. Giving name, address etc.
(1) In this section --
"personal details", in relation to a person, means --
5 (a) the person's full name; and
(b) the person's date of birth; and
(c) the address of where the person is living; and
(d) the address of where the person usually lives; and
(e) the person's business address.
10 (2) A police officer may direct a person to give the officer then and
there any or all of the person's personal details if those personal
details are unknown to the officer and the officer reasonably
suspects that the person --
(a) is or may be the driver or a person in charge of a vehicle
15 that has been or may have been involved in an incident
involving death or bodily harm or damage to property;
or
(b) has committed or is committing or is about to commit an
offence under a road law; or
20 (c) is or may be an involved person; or
(d) may be able to assist in the investigation of an offence,
or a suspected offence, under a road law; or
(e) may be able to give information or evidence in relation
to an incident that involved a vehicle and at the scene of
25 which the person was present.
(3) If a police officer reasonably suspects that a personal detail
given by a person in response to a direction under subsection (2)
is false or misleading, the officer may direct the person to
produce evidence then and there of the correctness of the detail.
page 30
Road Traffic (Administration) Bill 2007
Enforcement of road laws Part 4
General obligations Division 2
s. 33
(4) A person to whom a direction is given under subsection (2)
or (3) must not --
(a) without reasonable excuse, fail to comply with the
direction; or
5 (b) give any detail or produce any evidence that is false or
misleading in a material particular in purported
compliance with the direction.
Penalty: a fine of 50 PU.
(5) In a prosecution for an offence under subsection (4)(a), it is a
10 defence for the person charged to prove that the officer did not
warn the person that failure to comply with the direction is an
offence.
(6) In a prosecution for an offence involving the failure to state a
business address --
15 (a) it is a reasonable excuse that the person did not have a
business address; and
(b) it is a defence for the person charged to prove that the
person's business address was not directly or indirectly
connected with road transport.
20 33. Production of driver's licence document, learner's permit
(1) A police officer may direct the driver of any vehicle to produce
then and there the person's driver's licence document or
learner's permit, as is relevant in the case.
(2) A person to whom a direction is given under subsection (1)
25 must not, without reasonable excuse, fail to comply with the
direction.
Penalty: a fine of 50 PU.
(3) In a prosecution for an offence under subsection (2) it is a
defence for the person charged to prove that within a reasonable
30 time after the direction was given, the person produced the
driver's licence document or learner's permit to the CEO or the
Commissioner of Police.
page 31
Road Traffic (Administration) Bill 2007
Part 4 Enforcement of road laws
Division 2 General obligations
s. 34
34. Duty to identify offending driver or person in charge of
vehicle
(1) In this section --
"responsible person" includes a person to whom the
5 possession or control of the vehicle was entrusted at the
time of the alleged offence mentioned in subsection (2)(a)
or (3)(a), as the case may be.
(2) A responsible person for a vehicle commits an offence if --
(a) an offence under any written law is alleged to have
10 occurred an element of which is driving or being in
charge of the vehicle; and
(b) a police officer requests the responsible person to give
information which may lead to the identification of the
driver or person in charge of the vehicle at the time of
15 the alleged offence; and
(c) the responsible person has, or could reasonably have
ascertained, the information; and
(d) the responsible person fails to give the information.
(3) A responsible person for a vehicle commits an offence if --
20 (a) an offence under any written law is alleged to have
occurred an element of which is driving or being in
charge of the vehicle; and
(b) a police officer requests the responsible person to give
information which may lead to the identification of the
25 driver or person in charge of the vehicle at the time of
the alleged offence; and
(c) the responsible person gives false information in
response to the request.
Penalty applicable to subsections (2) and (3):
30 (a) for an individual --
(i) for a first offence, a fine of 24 PU;
(ii) for a subsequent offence, a fine of 48 PU;
page 32
Road Traffic (Administration) Bill 2007
Enforcement of road laws Part 4
General obligations Division 2
s. 35
(b) for a body corporate, a fine of 100 PU.
(4) Subsection (2) does not apply if the request for information was
made in a notice under section 98.
(5) If a person is charged with an offence under subsection (2) the
5 person may be convicted of an offence under section 35.
35. Duty to take reasonable measures to be able to comply with
a driver identity request
(1) In this section --
"driver identity request" means a request made under a road
10 law for information as to the identity of the person who was
driving or in charge of a vehicle at any particular time.
(2) A responsible person for a vehicle commits an offence if the
responsible person fails to take reasonable measures, or make
reasonable arrangements, to ensure that if a driver identity
15 request is made in relation to the vehicle, the responsible person
will be able to comply with it.
Penalty:
(a) for an individual --
(i) for a first offence, a fine of 24 PU;
20 (ii) for a subsequent offence, a fine of 48 PU;
(b) for a body corporate, a fine of 100 PU.
36. Other offences
(1) A person must not give information that the person knows to be
false or misleading in a material particular to a person
25 performing a function under a road law.
Penalty: a fine of 50 PU.
(2) A person must not --
(a) while disqualified from obtaining a driver's licence or a
vehicle licence in respect of a vehicle apply for or obtain
30 such a licence; or
page 33
Road Traffic (Administration) Bill 2007
Part 4 Enforcement of road laws
Division 2 General obligations
s. 36
(b) forge or fraudulently alter a driver's licence document,
vehicle licence, number plate or registration label; or
(c) use a forged or fraudulently altered driver's licence
document, vehicle licence, number plate or registration
5 label, or use a driver's licence document, vehicle
licence, number plate or registration label to which the
person is not entitled; or
(d) fraudulently permit the person's driver's licence
document, vehicle licence, number plate or registration
10 label to be used by another person; or
(e) drive a vehicle or cause or permit a vehicle to be driven
on any road while it has on it --
(i) a forged or fraudulently altered number plate or
registration label; or
15 (ii) a replica or imitation of a number plate or
registration label; or
(iii) a number plate or registration label other than
one issued for that vehicle;
or
20 (f) without lawful excuse have in the person's possession
with intent to deceive a driver's licence document or
vehicle licence or an article resembling such a document
or licence, or a registration label or any article
resembling a registration label; or
25 (g) lend or allow to be used by another person a driver's
licence document or vehicle licence or a number plate or
registration label.
Penalty: a fine of 50 PU.
(3) In subsection (2) --
30 "driver's licence document" includes a learner's permit;
"number plate" has the meaning given to that term in the Road
Traffic (Vehicles) Act 2007 section 3(1).
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37. Manner of giving directions etc. under this Division
A direction or request under this Division may be given orally
or in writing.
Division 3 -- Directions to stop, move or leave vehicles
5 38. Vehicles and drivers to which this Division applies
In this Division --
"co-driver", in relation to a vehicle, means a person whom the
police officer concerned reasonably believes to be a
co-driver of the vehicle;
10 "driver", in relation to a vehicle, means the person whom the
police officer concerned reasonably believes to be the
driver of the vehicle;
"vehicle" means a vehicle located --
(a) on a road; or
15 (b) in or on a public place; or
(c) in or on premises occupied or owned by the CEO, the
Commissioner of Police or other public authority but
not including premises that are, or any part of
premises that is, used predominantly for residential
20 purposes; or
(d) in or on premises where the officer is lawfully
present after entry under Division 5.
39. Direction to stop vehicle: to enable exercise of other powers
(1) In this section --
25 "stop" a vehicle means to stop the vehicle and keep it
stationary.
(2) A police officer may, for the purpose of or in connection with
exercising other powers under a road law, direct --
(a) the driver of a vehicle to stop the vehicle; or
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(b) the driver of a vehicle or any other person not to do any
one or more of the following --
(i) move the vehicle;
(ii) interfere with it or any equipment in or on it;
5 (iii) interfere with its load.
(3) A direction to stop a vehicle may require that the vehicle is to be
stopped without delay, or that it be stopped at the nearest place
for it to be safely stopped, as indicated by the officer.
(4) A direction to stop the vehicle, or not to move it, or not to
10 interfere with it or any equipment in or on it or with its load,
does not prevent a police officer from giving the driver or
another person any later inconsistent direction.
(5) A direction ceases to have effect to the extent that a police
officer --
15 (a) gives the driver or other person a later inconsistent
direction; or
(b) indicates to the driver or other person that the direction
no longer has effect.
40. Direction to move vehicle: to enable exercise of other powers
20 (1) In this section --
"prescribed area" means --
(a) a place within a 30 km radius of the location of the
vehicle when the direction is given; or
(b) any point along the forward route of the journey, if
25 the direction is given in the course of a journey of the
vehicle;
"suitable location" means a location that the police officer
concerned reasonably believes to be a suitable location
having regard to any matters the officer considers relevant
30 in the circumstances.
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(2) A police officer may, for the purpose of or in connection with
exercising other powers under a road law, direct the driver or a
co-driver of, or a responsible person for, a vehicle to move it or
cause it to be moved to the nearest suitable location that is
5 within the prescribed area and specified by the officer.
(3) In a prosecution for an offence under section 44 in relation to a
direction given under subsection (2), it is a defence for the
person charged to prove that --
(a) at the time the direction was given the vehicle was
10 broken down; and
(b) the breakdown occurred for a physical reason beyond
the control of the person charged; and
(c) the breakdown could not be readily rectified, or the
vehicle could not otherwise be moved, in a way that
15 would enable the direction to be complied with within a
reasonable time.
41. Direction to move vehicle: where danger or obstruction
(1) This section applies where a police officer reasonably believes
that a vehicle is --
20 (a) causing serious harm, or creating an imminent risk of
serious harm, to public safety, the environment or road
infrastructure; or
(b) causing or likely to cause an obstruction to traffic.
(2) The officer may direct the driver or a co-driver of, or a
25 responsible person for, the vehicle, to do any of the
following --
(a) move the vehicle, or cause it to be moved, to the extent
necessary to avoid or minimise the harm or obstruction;
(b) do anything else reasonably required by the officer, or
30 cause anything else reasonably required by the officer to
be done, to avoid or minimise the harm or obstruction.
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(3) In a prosecution for an offence under section 44 in relation to a
direction given under subsection (2)(a), it is a defence for the
person charged to prove that --
(a) at the time the direction was given the vehicle was
5 broken down; and
(b) the breakdown occurred for a physical reason beyond
the control of the person charged; and
(c) the breakdown could not be readily rectified, or the
vehicle could not otherwise be moved, in a way that
10 would enable the direction to be complied with within a
reasonable time.
42. Direction to leave vehicle
(1) This section applies where --
(a) the driver or a co-driver of a vehicle fails to comply with
15 a direction given by a police officer under section 39, 40
or 41; or
(b) a police officer reasonably believes that the driver or
co-driver of a vehicle is not qualified, is not fit or is not
authorised to drive the vehicle in order to comply with
20 such a direction.
(2) The officer may direct the driver or co-driver --
(a) to vacate the driver's seat; or
(b) to leave the vehicle; or
(c) not to occupy the driver's seat until permitted to do so
25 by a police officer; or
(d) not to enter the vehicle until permitted to do so by a
police officer.
(3) The officer may direct any other person --
(a) to leave the vehicle; or
30 (b) not to enter the vehicle until permitted to do so by a
police officer.
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s. 43
43. Manner of giving directions under this Division
(1) A direction under section 39, 40, 41 or 42 may be given to the
driver, a co-driver or other person orally or by means of a sign
or signal (electronic or otherwise), or in any other manner.
5 (2) A direction under section 39, 40, 41 or 42 may be given to a
responsible person for a vehicle orally or by telephone,
facsimile, electronic mail or radio, or in any other manner.
44. Directions to be complied with
A person to whom a direction is given under section 39, 40, 41
10 or 42 must not, without reasonable excuse, fail to comply with
the direction.
Penalty: a fine of 100 PU.
Division 4 -- Power to move vehicles
45. Moving unattended vehicle to exercise Division 5 powers
15 (1) This section applies where a police officer --
(a) reasonably believes that a vehicle on a road is
unattended; and
(b) is seeking to exercise powers under Division 5; and
(c) reasonably believes that the vehicle should be moved to
20 enable or to facilitate the exercise of those powers.
(2) The officer may move the vehicle, or authorise another person
to move the vehicle, by driving or towing it or otherwise, to the
extent reasonably necessary to exercise the powers concerned.
(3) The officer may enter the vehicle, or authorise another person to
25 enter it, for the purpose of moving the vehicle.
(4) The officer or person authorised by the officer may use
reasonable force to do any or all of the following --
(a) open unlocked doors and other unlocked panels and
objects;
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(b) gain access to the vehicle, or its engine or other
mechanical parts, to enable the vehicle to be moved;
(c) enable the vehicle to be towed.
(5) The officer or person authorised by the officer may drive the
5 vehicle only if qualified and fit to drive it.
46. Moving unattended or broken down vehicle where danger
or obstruction
(1) This section applies where a police officer reasonably believes
that --
10 (a) a vehicle on a road is unattended or broken down; and
(b) the vehicle --
(i) is causing serious harm, or creating an imminent
risk of serious harm, to public safety, the
environment or road infrastructure; or
15 (ii) is causing or likely to cause an obstruction to
traffic.
(2) The officer may move the vehicle, or authorise another person
to move the vehicle, by driving or towing it or otherwise, to the
extent reasonably necessary to prevent or minimise the harm or
20 risk or prevent or remove the obstruction.
(3) The officer may --
(a) enter a vehicle, or authorise another person to enter it,
for the purpose of moving the vehicle; or
(b) separate a vehicle from another vehicle, or authorise
25 another person to do so, for the purpose of moving a
vehicle.
(4) The officer may drive a vehicle even though the officer is not
qualified to drive it, if the officer reasonably believes that there
is no other person in, on or in the vicinity of the vehicle who is
30 more capable of driving it than the officer and who is fit and
willing to drive it.
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(5) A person authorised by the officer may drive a vehicle even
though the person is not qualified to drive it, if the officer
reasonably believes that there is no one else in, on or in the
vicinity of the vehicle who is more capable of driving it than
5 that person and who is fit and willing to drive it.
(6) The officer or person driving a vehicle under the authority of
this section is exempt from any other road law to the extent that
the other law would require him or her to be licensed or
otherwise authorised to drive the vehicle.
10 (7) The officer or person authorised by the officer may use
reasonable force to the extent reasonably necessary to prevent or
minimise the harm or risk or prevent or remove the obstruction.
47. Moving vehicles parked without authority in certain areas
(1) In this section --
15 "authorised person", in relation to land, means any of the
following --
(a) a police officer;
(b) the owner or person in possession of the land;
(c) an employee of the owner or person in possession of
20 the land;
"prescribed area" means any area defined for the purposes of
this section by the Governor by order published in the
Gazette.
(2) A person must not, within a prescribed area, park a vehicle on
25 land which is not a road, unless the person is authorised to do so
by the owner or person in possession of the land.
Penalty: a fine of 5 PU.
(3) An authorised person may direct the driver or person in charge
of a vehicle parked contrary to subsection (2) to remove the
30 vehicle from the place where it is parked if the vehicle is
causing or is likely to cause an obstruction or danger to traffic.
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(4) A person to whom a direction is given under subsection (3)
must not, without reasonable excuse, fail to comply with the
direction.
Penalty: a fine of 3 PU.
5 (5) If no person appears to be in immediate charge of a vehicle
mentioned in subsection (2), an authorised person may remove
the vehicle from the place where it is parked and if the person
does so the person must move the vehicle either to a place
where the parking of vehicles is permitted or to the police
10 station nearest to the land.
(6) An authorised person who under subsection (5) removes and
parks a vehicle, must forthwith give particulars to a police
officer at the police station nearest to the place where the
authorised person has parked the vehicle, of his or her name and
15 address, the registered number of the vehicle, the place where
he or she parked the vehicle, and the time that the vehicle was
removed.
(7) A person who incurs costs in removing a vehicle under
subsection (5) may recover the costs in a court of competent
20 jurisdiction from the person who parked the vehicle as
mentioned in subsection (2).
48. Moving vehicles involved in an offence
A police officer may drive or convey a vehicle to any police
station or other place for safe custody if the officer --
25 (a) reasonably believes that the vehicle has been used in
connection with an offence under any written law; or
(b) has charged a person with an offence an element of
which is the use or driving of the vehicle.
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49. Removal of other unattended vehicles
(1) A police officer may remove an unattended vehicle or cause it
to be removed, from a road to a police station, or any other
place where it may conveniently be detained, if --
5 (a) the officer reasonably believes it is an unlicensed
vehicle, or is fitted with an identification tablet or plate
that was not issued for the vehicle by the CEO or a
corresponding authority; or
(b) it is not fitted with an identification tablet or plate; or
10 (c) it is apparently abandoned; or
(d) the officer reasonably believes it has been involved in an
incident on a road.
(2) A person who incurs costs in removing a vehicle under
subsection (1) may recover the costs from an owner of the
15 vehicle in a court of competent jurisdiction.
50. Authorisation of responsible person not required
A person may, under section 45, 46, 47, 48 or 49, drive a
vehicle whether or not the person is authorised to do so by a
responsible person for the vehicle.
20 Division 5 -- Powers of inspection and search for MDLR
compliance purposes
51. Residential purposes
(1) In this Division --
(a) premises are not to be taken to be used for "residential
25 purposes"; and
(b) any part of premises is not to be taken to be used for
"residential purposes",
merely because temporary or casual sleeping facilities are
provided there for drivers.
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(2) If a vehicle is kept, or a business is carried on, at premises used
predominantly for residential purposes, the place where the
vehicle is kept or from which the business is carried on is, for
the purposes of sections 54(7) and 55(7), to be taken to be used
5 "predominantly for residential purposes".
52. Inspection of vehicles on roads, in public places or certain
official premises
(1) In this section --
"vehicle" means a vehicle (whether attended or unattended)
10 located --
(a) on a road; or
(b) in or on a public place; or
(c) in or on premises occupied or owned by the CEO, the
Commissioner of Police or other public authority but
15 not including premises that are, or any part of
premises that is, used predominantly for residential
purposes; or
(d) at an inspection station.
(2) A police officer may inspect a vehicle --
20 (a) for MDLR compliance purposes; or
(b) for any defect as defined in the Road Traffic (Vehicles)
Act 2007 section 71.
(3) A police officer may enter a vehicle for the purpose of or in
connection with conducting an inspection under this section.
25 (4) A police officer may exercise powers under this section at any
time, and without the consent of the driver or other person
apparently in charge of a vehicle or any other person.
(5) The power to inspect a vehicle under this section includes --
(a) the power to examine, weigh, test (including test drive),
30 measure or take photographs of the vehicle or any part
of it, its equipment or load; and
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(b) the power to check the existence or details of, or take
photographs of, placards or other information required
under a road law to be displayed in or on the vehicle;
and
5 (c) the power to inspect and take copies of or extracts from
any records that are located in or on the vehicle and that
are required to be carried in or on the vehicle under the
Road Traffic (Vehicles) Act 2007 Part 4 (including any
regulation made, or requirement imposed, under or for
10 the purposes of that Part); and
(d) the power to access or download information that is
required to be kept under the Road Traffic (Vehicles)
Act 2007 Part 4 (including any regulation made, or
requirement imposed, under or for the purposes of that
15 Part) and that is --
(i) stored electronically in equipment located in or
on the vehicle; or
(ii) accessible electronically from equipment located
in or on the vehicle.
20 (6) This section does not authorise the use of force, but a police
officer may, in the exercise of powers under this section --
(a) open unlocked doors and other unlocked panels and
objects; and
(b) inspect anything that has been opened or otherwise
25 accessed under the power to use reasonable force in the
exercise of a power to enter or move a vehicle under
Division 4; and
(c) move but not take away anything that is not locked up or
sealed.
30 53. Search of vehicles on roads, in public places or certain
official premises
(1) In this section --
"vehicle" has the meaning given to that term in section 52(1).
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(2) A police officer may search a vehicle for MDLR compliance
purposes.
(3) A police officer may enter a vehicle for the purpose of or in
connection with conducting a search under this section.
5 (4) A police officer may exercise powers under this section at any
time, and without the need to obtain the consent of any person.
(5) The power to search a vehicle under this section includes --
(a) the power to search for and inspect any records, devices
or other things that relate to the vehicle or any part of its
10 equipment or load and that are located in or on the
vehicle; and
(b) the power to take copies of or extracts from any or all of
the following --
(i) any transport documentation or journey
15 documentation located in or on the vehicle;
(ii) any other records, or any readout or other data
obtained from any device or thing, located in or
on the vehicle that the officer reasonably
believes provide, or may on further inspection
20 provide, evidence of an MDLR offence;
and
(c) any power that may be exercised during an inspection of
a vehicle under section 52(5).
(6) The power to search a vehicle under this section does not
25 include a power to search a person.
(7) During the search of a vehicle under this section a police officer
may seize and remove any records, devices or other things from
the vehicle that the officer reasonably believes provide, or may
on further inspection provide, evidence of an MDLR offence.
30 (8) A police officer may use reasonable force in the exercise of
powers under this section.
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s. 54
54. Inspection of premises
(1) In this section --
"premises" means --
(a) premises at or from which an involved person carries
5 on business relating to road transport; or
(b) premises that are occupied by an involved person in
connection with a business relating to road transport;
or
(c) premises that are a registered office of an involved
10 person in connection with a business relating to road
transport; or
(d) a base, as defined in the Road Traffic (Vehicles)
Act 2007 section 3(1), of the driver of a vehicle; or
(e) premises where records required to be kept under the
15 Road Traffic (Vehicles) Act 2007 Part 4 (including
any regulation made, or requirement imposed, under
or for the purposes of that Part) are located or where
any such records are required to be located.
(2) A police officer may inspect premises for MDLR compliance
20 purposes.
(3) A police officer may enter premises for the purpose of
conducting an inspection under this section.
(4) Without limiting the above, a police officer may inspect, or
enter and inspect, any vehicle at premises being inspected under
25 this section.
(5) An inspection under this section may be made --
(a) at any time with the consent of the occupier of the
premises; or
(b) if a business is carried on at the premises -- at any time
30 during the usual business operating hours applicable at
the premises (whether or not the premises are actually
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being used for that purpose), and without the consent of
the occupier of the premises.
(6) A police officer must not exercise the power to enter and inspect
premises mentioned in subsection (5)(b) without the consent of
5 the occupier unless the police officer reasonably believes that
the premises are attended.
(7) A police officer must not exercise the power to enter and inspect
premises mentioned in subsection (5)(b) without the consent of
the occupier if the premises are, or any part of premises is, used
10 predominantly for residential purposes.
(8) The power to inspect premises under this section includes --
(a) the power to inspect and take copies of or extracts from
any records located at the premises and required to be
kept under the Road Traffic (Vehicles) Act 2007 Part 4
15 (including any regulation made, or requirement
imposed, under or for the purposes of that Part); and
(b) the power to check the existence of and inspect any
devices (including weighing, measuring, recording or
monitoring devices) required to be installed, used or
20 maintained under the Road Traffic (Vehicles) Act 2007
Part 4 (including any regulation made, or requirement
imposed, under or for the purposes of that Part) and to
inspect and take copies of or extracts from any readout
or other data obtained from any such device; and
25 (c) the power to exercise with respect to a vehicle located at
the premises any powers that may be exercised during
an inspection of a vehicle under section 52(5); and
(d) the power to use photocopying equipment on the
premises free of charge for the purpose of copying any
30 records or other material.
(9) This section does not authorise the use of force, but a police
officer may, in the exercise of powers under this section --
(a) open unlocked doors and other unlocked panels and
objects; and
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(b) inspect anything that has been opened or otherwise
accessed under the power to use reasonable force in the
exercise of a power to enter or move a vehicle under
Division 4; and
5 (c) move but not take away anything that is not locked up or
sealed.
55. Search of premises
(1) In this section --
"premises" has the meaning given to that term in section 54(1)
10 and includes premises where the officer concerned
reasonably believes that --
(a) a vehicle used or to be used in connection with road
transport is or has been located; or
(b) transport documentation or journey documentation is
15 located.
(2) A police officer may search premises for MDLR compliance
purposes.
(3) A police officer may enter premises for the purpose of
conducting a search under this section.
20 (4) A police officer may, for MDLR compliance purposes, search,
or enter and search, any vehicle at premises being searched
under this section.
(5) A search of premises under this section may be conducted --
(a) at any time if a warrant to enter the premises has been
25 issued under section 65; or
(b) at any time with the consent of the occupier of the
premises; or
(c) if a business is carried on at the premises -- at any time
during the usual business operating hours applicable at
30 the premises (whether or not the premises are actually
being used for that purpose), and without a warrant and
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without the consent of the occupier of the premises or
any other person.
(6) A police officer must not exercise the power to search premises
mentioned in subsection (5)(c) without a warrant or the consent
5 of the occupier unless the police officer reasonably believes that
the premises are attended.
(7) A police officer must not exercise the power to search premises
mentioned in subsection (5)(c) without a warrant or the consent
of the occupier if the premises are, or any part of premises is,
10 used predominantly for residential purposes.
(8) The power to search premises under this section includes --
(a) the power to search for and inspect any records, devices
or other things that relate to a vehicle or any part of its
equipment or load and that are located at the premises;
15 and
(b) the power to take copies of or extracts from any of the
following --
(i) any transport documentation or journey
documentation located at the premises;
20 (ii) any other records, or any readout or other data
obtained from any device or thing, located at the
premises that the officer reasonably believes
provide, or may on further inspection provide,
evidence of an MDLR offence;
25 and
(c) the power to use photocopying equipment on the
premises free of charge for the purpose of copying any
records or other material; and
(d) the power to exercise with respect to a vehicle located at
30 the premises any powers that may be exercised during a
search of a vehicle under section 53(5); and
(e) any powers that may be exercised during an inspection
of premises under section 54(8).
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(9) The power to search premises under this section does not
include a power to search a person.
(10) During a search of premises under this section a police officer
may seize and remove any records, devices or other things from
5 the premises that the officer reasonably believes provide, or
may on further inspection provide, evidence of an MDLR
offence.
(11) A police officer may use reasonable force in the exercise of
powers under this section.
10 Division 6 -- Other directions in relation to MDLR
compliance purposes
56. Direction to produce records, devices or other things
(1) A police officer may, for MDLR compliance purposes, direct an
involved person to produce any of the following --
15 (a) a record required to be kept under the Road Traffic
(Vehicles) Act 2007 Part 4 (including any regulation
made, or requirement imposed, under or for the purposes
of that Part);
(b) a record comprising transport documentation or journey
20 documentation in the involved person's possession or
under that person's control;
(c) a record, device or other thing that contains or may
contain a record, in the person's possession or under the
person's control relating to or indicating --
25 (i) the use, performance or condition of a vehicle; or
(ii) the ownership, insurance or licensing status of a
vehicle; or
(iii) the load or equipment carried or intended to be
carried by a vehicle (including the insurance
30 status of any such load or equipment).
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(2) A direction under subsection (1) must --
(a) specify --
(i) the record, device or other thing to be produced;
or
5 (ii) the classes of record, device or other thing to be
produced;
and
(b) state where and to whom the record, device or other
thing is to be produced.
10 (3) A police officer may do any or all of the following --
(a) inspect a record, device or other thing that is produced;
(b) make copies of, or take extracts from, a record, device or
other thing that is produced;
(c) seize and remove a record, device or other thing that is
15 produced that the officer reasonably believes may on
further inspection provide evidence of an MDLR
offence.
(4) A person to whom a direction is given under subsection (1)
must not, without reasonable excuse, fail to comply with the
20 direction.
Penalty: a fine of 50 PU.
(5) In subsection (4) --
"reasonable excuse" does not include the excuse that the
production of a record, device or other thing that contains
25 or may contain a record might tend to incriminate the
person or make the person liable to a penalty.
(6) Despite subsection (5), a record, device or other thing produced
by a person in compliance with a direction under subsection (1)
is not admissible in evidence in any proceedings against the
30 person.
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57. Direction to provide information
(1) A police officer may, for MDLR compliance purposes, direct an
involved person who is associated with a particular vehicle to
provide information to the officer about the vehicle or any load
5 or equipment carried or intended to be carried by the vehicle.
(2) Without limiting the above, a direction under subsection (1)
may require the involved person to do any or all of the
following --
(a) state the name and home address and, in the case of an
10 individual, the business address of any of the
following --
(i) other involved persons of specified classes who
are associated with the vehicle;
(ii) a responsible person for the vehicle;
15 (b) provide information about the current or intended trip of
the vehicle, including any of the following --
(i) the location of the start or intended start of the
trip;
(ii) the route or intended route of the trip;
20 (iii) the location of the destination or intended
destination of the trip.
(3) A person to whom a direction is given under subsection (1)
must not, without reasonable excuse, fail to comply with the
direction.
25 Penalty: a fine of 50 PU.
(4) A person to whom a direction is given under subsection (1)
must not provide information that is false or misleading in a
material particular in purported compliance with the direction.
Penalty: a fine of 100 PU.
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(5) In subsection (3) --
"reasonable excuse" includes --
(a) that the person did not know and could not have been
reasonably expected to know or ascertain the required
5 information; and
(b) in relation to a failure to state another person's
business address --
(i) that the other person did not have a business
address; or
10 (ii) that the business conducted by the other
person at that address was not directly or
indirectly connected with road transport,
but does not include the excuse that the required
information might tend to incriminate the person or make
15 the person liable to a penalty.
(6) Despite subsection (5), information provided by a person in
compliance with a direction under subsection (1) is not
admissible in evidence in any proceedings against the person
other than a prosecution for an offence under subsection (4).
20 58. Direction to provide reasonable assistance for powers of
inspection and search
(1) A police officer may direct an involved person to provide
assistance to the officer to enable the officer to effectively
exercise a power under section 52(2)(a), 53, 54 or 55.
25 (2) Without limiting the above, the assistance may include helping
the officer to do any or all of the following --
(a) find and gain access to any records or information
relating to a vehicle, including any of the following --
(i) records and information required to be carried in
30 or on the vehicle under the Road Traffic
(Vehicles) Act 2007 Part 4 (including any
regulation made, or requirement imposed, under
or for the purposes of that Part);
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(ii) records and information in a useable form for the
purpose of ascertaining the vehicle's compliance
with requirements imposed under the Road
Traffic (Vehicles) Act 2007 Part 4 (including any
5 regulation made, or requirement imposed, under
or for the purposes of that Part);
(b) find and gain access to electronically stored information;
(c) weigh or measure any of the following --
(i) the whole or any part of a vehicle, including an
10 axle or axle group;
(ii) the whole or any part of a vehicle's equipment or
load;
(d) operate equipment or facilities for a purpose relevant to
the power being or proposed to be exercised;
15 (e) provide access free of charge to photocopying
equipment for the purpose of copying any records or
other material.
(3) This section authorises the giving of a direction to run the
engine of a vehicle, but not otherwise to drive the vehicle.
20 (4) A direction under subsection (1) --
(a) can be given in relation to a power under
section 52(2)(a), 53, 54 or 55 only while the power can
lawfully be exercised; and
(b) ceases to have effect when that power is no longer
25 exercisable.
(5) A person to whom a direction given under subsection (1) must
not, without reasonable excuse, fail to comply with the
direction.
Penalty: a fine of 50 PU.
30 (6) In subsection (5) --
"reasonable excuse" includes --
(a) that the direction was unreasonable; or
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Division 6 Other directions in relation to MDLR compliance purposes
s. 59
(b) that the direction or its subject matter was outside the
scope of the business or other activities of the person,
but does not include the excuse that the assistance may
result in information being provided that might tend to
5 incriminate the person or make the person liable to a
penalty.
(7) Despite subsection (6), information that resulted from the
assistance provided by a person in compliance with a direction
under subsection (1) is not admissible in evidence in any
10 proceedings against the person.
(8) If a person to whom a direction to run the engine of a vehicle is
given under this section fails to comply with the direction or no
involved person is available or willing to do so, a police officer
may --
15 (a) enter the vehicle and run its engine; or
(b) authorise any other person to enter the vehicle and run
its engine.
59. Provisions relating to running engine
(1) In this section --
20 "authorised person" means a person --
(a) to whom a direction is given under section 58(1) to
run the engine of a vehicle; or
(b) authorised under section 58(8)(a) or (b) to run the
engine of a vehicle.
25 (2) An authorised person may run the engine of a vehicle even
though the person is not qualified to drive the vehicle, if a police
officer reasonably believes that there is no other person in, on or
in the vicinity of the vehicle who is more capable of running the
engine than the authorised person and who is fit and willing to
30 run the engine.
(3) An authorised person may use reasonable force to comply with
a direction to run the engine of a vehicle or when acting under
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s. 60
the authority of section 58(8)(a) or (b) to enter a vehicle and run
its engine.
(4) An authorised person may run the engine of a vehicle even
though the person --
5 (a) is not a responsible person for the vehicle; or
(b) does not have the authority of a responsible person for
the vehicle to run the engine.
(5) The authorised person, in complying with the direction given
under section 58(1) to run the engine of a vehicle or when
10 acting under the authority of section 58(8)(a) or (b) to run the
engine of a vehicle, is exempt from any other road law to the
extent that the other law would require the authorised person to
be licensed or otherwise authorised to do so.
60. Manner of giving directions under this Division
15 (1) A direction under this Division may be given orally, in writing
or in any other manner.
(2) A direction not given in person may be sent or transmitted by
post, telephone, facsimile, electronic mail, radio or in any other
manner.
20 61. Directions to state when to be complied with
(1) A direction under this Division that is given orally must state
whether it is to be complied with then and there or within a
specified period.
(2) A direction under this Division that is given in writing must
25 state the period within which it is to be complied with.
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Division 7 Warrants to enter premises for MDLR compliance purposes
s. 62
Division 7 -- Warrants to enter premises for MDLR
compliance purposes
62. Terms used in this Division
In this Division --
5 "remote communication" means any way of communicating at
a distance including by telephone, fax, email and radio;
"warrant" means a warrant authorising entry to premises.
63. Warrant, grounds for application
(1) A police officer may apply for a warrant.
10 (2) An application for a warrant must be made to a JP in accordance
with section 64.
(3) An application for a warrant must --
(a) state the applicant's full name, rank and number
assigned to the applicant for official purposes; and
15 (b) describe the premises that it is desired to search; and
(c) state the MDLR compliance purposes in respect of
which it is desired to search the premises; and
(d) in the case where it is desired to investigate a breach or
suspected breach of a provision mentioned in
20 paragraph (a) of the definition of "MDLR compliance
purposes" in section 28, state --
(i) the provision; and
(ii) that the applicant reasonably believes there has
been such a breach; and
25 (iii) the grounds on which the applicant holds that
belief;
and
(e) state whether the premises are, or any part of premises
is, used predominantly for residential purposes; and
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(f) state the grounds on which the applicant believes that
the premises are unattended or will be unattended at the
time of the proposed entry; and
(g) state, to the best of the applicant's knowledge, whether
5 an application for a warrant for the same premises has
been made to any other JP within the previous 72 hours
and if so whether a warrant was issued or not; and
(h) include any other information that is prescribed.
64. Warrant, manner of application
10 (1) A reference in this section to making an application includes a
reference to giving information in support of the application.
(2) This section applies to and in respect of an application to a JP
for a warrant.
(3) The application must be made in person before the JP unless --
15 (a) the warrant or order is needed urgently; and
(b) the applicant reasonably believes that a JP is not
available within a reasonable distance of the applicant,
in which case --
(c) it may be made to a JP by remote communication; and
20 (d) the JP must not grant it unless satisfied about the matters
in paragraphs (a) and (b).
(4) The application must be made in writing unless --
(a) the application is made by remote communication; and
(b) it is not practicable to send the JP written material,
25 in which case --
(c) it may be made orally; and
(d) the JP must make a written record of the application and
any information given in support of it.
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s. 65
(5) The application must be made on oath unless --
(a) the application is made by remote communication; and
(b) it is not practicable for the JP to administer an oath to
the applicant,
5 in which case --
(c) it may be made in an unsworn form; and
(d) if the JP issues a warrant, the applicant must as soon as
practicable send the JP an affidavit verifying the
application and any information given in support of it.
10 (6) If on an application made by remote communication a JP issues
a warrant the JP must, if practicable, send a copy of the original
warrant to the applicant by remote communication, but
otherwise --
(a) the JP must give the applicant by remote communication
15 any information that must be set out in the warrant; and
(b) the applicant must complete a form of a warrant with the
information received and give the JP a copy of the form
as soon as practicable after doing so; and
(c) the JP must attach the copy of the form to the original
20 warrant and any affidavit received from the applicant
and make them available for collection by the applicant.
(7) The copy of the original warrant sent, or the form of the warrant
completed, as the case may be, under subsection (6) has the
same force and effect as the original warrant.
25 65. Warrant, issue of
(1) On an application made under section 63, a JP may issue a
warrant if satisfied that, in respect of each of the matters in
section 63(3) that the applicant believes, there are reasonable
grounds for the applicant to have that belief.
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(2) A warrant must specify --
(a) the applicant's full name, rank and number assigned to
the applicant for official purposes; and
(b) each suspected offence (if any) to which it relates; and
5 (c) the premises that may be entered under the warrant; and
(d) the period, not exceeding 30 days, during which it may
be executed; and
(e) the name of the JP who issued it; and
(f) the date and time when it was issued.
10 (3) A warrant must be in the prescribed form.
(4) If a JP refuses to issue a warrant, the JP must record on the
application the fact of, the date and time of, and the reasons for,
the refusal.
66. Warrant, duration and execution of
15 (1) A warrant comes into force when it is issued by a JP.
(2) A warrant can only be executed during the period specified in
the warrant under section 65(2)(d).
(3) A warrant may be executed by any police officer.
(4) A warrant must be executed between 6 a.m. and 9 p.m. unless
20 the officer executing it reasonably suspects that if it were, the
safety of any person, including the officer, may be endangered
or the effectiveness of the proposed search may be jeopardised.
(5) On completing the execution of a warrant the officer in charge
of executing it must record the following matters on it --
25 (a) the officer's full name, rank and number assigned to the
officer for official purposes;
(b) the date and time when the warrant was executed;
(c) any other matter that is prescribed.
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MDLR compliance purposes
s. 67
Division 8 -- Other provisions regarding inspections
and searches for MDLR compliance purposes
67. Use of assistants and equipment
(1) A police officer may exercise powers under Division 5 with the
5 aid of such assistants and equipment as the officer considers
reasonably necessary in the circumstances.
(2) Powers that may be exercised by a police officer under
Division 5 may be exercised by an assistant authorised and
supervised by the officer, but only if the officer --
10 (a) considers that it is reasonably necessary in the
circumstances that the powers are exercised by an
assistant; and
(b) authorises the assistant accordingly.
(3) Subsection (2) does not authorise an assistant to use force
15 against a person.
68. Use of equipment to examine or process things
(1) Without limiting section 67, a police officer exercising a power
under Division 5 may bring to, or on to, a vehicle or premises
any equipment reasonably necessary for the examination or
20 processing of a thing found in, on or at the vehicle or premises
in order to determine whether it is a thing that may be seized.
(2) A thing may be moved to another place so that the examination
or processing can be carried out in order to determine whether it
is a thing that may be seized if --
25 (a) it is not practicable to examine or process the thing in or
at the vehicle or premises; or
(b) the occupier of the vehicle or premises consents in
writing.
(3) A police officer, or a person assisting a police officer, may
30 operate equipment already in, on or at the vehicle or premises to
carry out the examination or processing of a thing found in, on
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MDLR compliance purposes
s. 69
or at the vehicle or premises in order to determine whether it is a
thing that may be seized, if the officer or person assisting
reasonably believes that --
(a) the equipment is suitable for the examination or the
5 processing; and
(b) the examination or processing can be carried out without
damage to the equipment or the thing.
69. Use or seizure of electronic equipment
(1) A police officer or a person assisting a police officer may
10 operate equipment to access information if --
(a) the information is stored in a thing found in, on or at a
vehicle or premises including a disk, tape or other
device for the storage of information; and
(b) the equipment is in, on or at the vehicle or premises and
15 can be used with the disk, tape or other storage device;
and
(c) the police officer reasonably believes that the
information may provide evidence of an MDLR offence.
(2) If a police officer or a person assisting a police officer finds that
20 a disk, tape or other storage device in, on or at the vehicle or
premises contains information of a kind mentioned in
subsection (1)(c), he or she may --
(a) put the information in documentary form and seize the
documents so produced; or
25 (b) copy the information to another disk, tape or other
storage device and remove that storage device from the
vehicle or premises; or
(c) if it is not practicable to put the information in
documentary form or to copy the information, seize the
30 disk, tape or other storage device and the equipment that
enables the information to be accessed.
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purposes
s. 70
(3) A police officer or a person assisting a police officer must not
operate or seize equipment for the purpose mentioned in this
section unless the officer or person assisting reasonably believes
that the operation or seizure of the equipment can be carried out
5 without damage to the equipment.
Division 9 -- Other provisions regarding seizure for MDLR
compliance purposes
70. Receipt for and access to seized material
A police officer who seizes and removes a record, device or
10 other thing under Division 5 must --
(a) give a receipt for it to the person from whom it is seized
and removed; and
(b) if practicable, allow the person who would normally be
entitled to possession of it reasonable access to it.
15 71. Embargo notices
(1) A police officer may issue an embargo notice if --
(a) the officer is authorised to seize any record, device or
other thing under Division 5; and
(b) the record, device or other thing cannot, or cannot
20 readily, be physically seized and removed.
(2) An embargo notice may prohibit a person from such of the
following activities as are listed in the notice unless the person
has the written consent of the officer, the CEO or the
Commissioner of Police --
25 (a) the movement, sale, leasing, transfer, or other dealing
with the record, device or other thing, or any part of it;
(b) the deletion of information from the record, device or
other thing, or any part of it.
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(3) An embargo notice must --
(a) be in a prescribed form or contain prescribed particulars;
and
(b) list the activities that are prohibited by the notice; and
5 (c) set out the terms of subsections (5) and (7).
(4) An embargo notice is to be issued --
(a) by causing a copy of the notice to be served on the
occupier of the premises, or a person who is a
responsible person for the vehicle, as is relevant to the
10 case; or
(b) if that person cannot be located after all reasonable steps
have been taken to do so, by affixing a copy of the
notice to the record, device or other thing in a prominent
position.
15 (5) A person commits an offence if the person knows that an
embargo notice relates to a record, device or other thing and the
person --
(a) does anything that is prohibited by the notice; or
(b) instructs another person to do anything that is prohibited
20 by the notice; or
(c) instructs another person to do anything that the notice
prohibits the first-mentioned person from doing.
Penalty: a fine of 100 PU.
(6) In a prosecution for an offence under subsection (5) it is a
25 defence for the person charged to prove that he or she --
(a) moved the record, device or other thing, or part of it, for
the purpose of protecting or preserving it; or
(b) notified the person who issued the embargo notice of the
move, and of the new location of the record, device or
30 other thing or part of it, within 48 hours after the move.
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s. 72
(7) A person commits an offence if --
(a) an embargo notice has been served on the person; and
(b) the person fails to take reasonable steps to prevent any
other person from doing anything forbidden by the
5 notice.
Penalty: a fine of 100 PU.
(8) Despite any other written law, the sale, lease or transfer or other
dealing with a record, device or other thing, or part of it, that is
the subject of an embargo notice in contravention of the notice
10 has no effect.
Division 10 -- Miscellaneous
72. Power to use force against persons to be exercised only by
police officers
A provision of this Part that authorises a person to use
15 reasonable force does not authorise a warden or other person
who is not a police officer to use force against a person.
73. Consent
(1) A police officer must, before obtaining the consent of a person
for the purposes of a provision of this Part, inform the person
20 that he or she may refuse to give consent.
(2) An entry by or the exercise of any other power under this Part
by a police officer on the basis that the officer has a person's
consent is not lawful unless the person voluntarily consented to
the entry or exercise of the power.
25 (3) Consent to the exercise of a power may be withdrawn after it
has been given, and if it is withdrawn, the power cannot be
exercised on the basis that there is consent to do so.
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s. 74
74. Occupier's rights
(1) This section applies to and in respect of the entry of premises
where the entry is to be made under this Part.
(2) If the occupier of premises is present when it is proposed to
5 enter the premises, a police officer must, before any police
officer enters the premises --
(a) identify himself or herself to the occupier; and
(b) inform the occupier that it is intended to enter the
premises; and
10 (c) if the premises are to be entered under a warrant issued
under section 65, give the occupier a copy of the
warrant; and
(d) if the premises are to be entered under section 54(5)
or 55(5)(b) or (c), inform the occupier of the relevant
15 provision and the reason for the entry; and
(e) give the occupier an opportunity to consent to the
premises being entered,
unless the police officer reasonably suspects that to do so will
endanger any person, including the officer, or jeopardise the
20 purpose of the proposed entry or the effectiveness of any search
of the place.
(3) If subsection (2) is not complied with before premises are
entered, then as soon as practicable after the place is entered a
police officer must --
25 (a) identify himself or herself to the occupier; and
(b) if the entry was under warrant issued under section 65,
give the occupier a copy of the warrant; and
(c) if the entry was under section 54(5) or 55(5)(b) or (c),
inform the occupier of the relevant provision and the
30 reason for the entry.
(4) If the occupier of premises is present in the premises during a
search, a police officer doing the search must not prevent the
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Division 10 Miscellaneous
s. 75
occupier, or a person nominated by the occupier, from
observing the search, unless --
(a) the officer reasonably suspects that the occupier or
person might be endangered if he or she were to observe
5 the search; or
(b) the occupier or person obstructs the search; or
(c) it is impracticable for the occupier or person to observe
the search.
(5) If premises that are entered by one or more police officers are
10 unoccupied, the officer in charge must leave the following in a
prominent position in the premises before leaving the
premises --
(a) a notice stating --
(i) the officer's official details; and
15 (ii) that the premises have been entered;
and
(b) if the entry was under warrant issued under section 65, a
copy of the warrant completed in accordance with
section 66(5); and
20 (c) if the entry was under section 54(5) or 55(5)(b) or (c),
inform the occupier of the relevant provision and the
reason for the entry.
(6) The copy of a warrant given under subsection (2)(c) or (3)(b) or
left under subsection (5)(b) must omit the name of the judicial
25 officer who issued it.
75. Directions may be given under more than one provision
(1) A police officer may, on the same occasion, give directions
under one or more provisions of this Part.
(2) Without limiting the above, a police officer may, in the course
30 of exercising a power under a provision of this Part, give any of
the following --
(a) a further direction under the provision;
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s. 76
(b) a direction under one or more other provisions of
this Part.
76. Defence of compliance with direction
In a prosecution for an offence under a road law, it is a defence
5 for the person charged to prove that the conduct constituting the
offence was done in compliance with a direction given by --
(a) a police officer; or
(b) the CEO or a delegate of the CEO.
77. Restoring vehicle or premises to original condition after
10 action taken
A police officer must take reasonable steps to return a vehicle or
its equipment or load, or premises to the condition they were in
immediately before action was taken in the exercise or
purported exercise of any power under this Part in relation to the
15 vehicle, equipment, load or premises if --
(a) the action was taken by the officer or a person
authorised by the officer; and
(b) damage was caused by the unreasonable exercise of the
power or by the use of force that was not authorised
20 under this Part.
78. Providing evidence to other authorities
Any record, device or other thing seized, or any information
obtained, under Division 5 or 6 may, for the purposes of law
enforcement, be given to an Australian police officer or any
25 public authority of any jurisdiction (including any
corresponding authority) considered appropriate by the CEO or
the Commissioner of Police, but only after consultation with the
police force or public authority concerned.
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Division 1 Infringement notices generally
s. 79
Part 5 -- Infringement notices
Division 1 -- Infringement notices generally
79. Infringement notices
A police officer who reasonably believes that a person has
5 committed an offence under a road law that is prescribed for the
purposes of this section may serve on that person a notice, in a
prescribed form, (an "infringement notice") informing the
person that, if the person does not wish to be prosecuted for the
alleged offence in a court, the person may pay to an officer
10 specified in the notice, within the time specified in the notice,
the amount of the penalty prescribed for the offence, if dealt
with under this Division.
80. Service of infringement notices
An infringement notice may be served on an alleged offender
15 personally or by posting it to his or her address as ascertained
from him or her, at the time of, or immediately following, the
occurrence giving rise to the allegation of an offence, or as
ascertained in an inquiry made under section 34.
81. Infringement notices for not applying for transfer of vehicle
20 licence
(1) In this section --
"offence" means an offence under the Road Traffic (Vehicles)
Act 2007 section 10(6).
(2) If the offence is prescribed for the purposes of section 79 an
25 infringement notice issued for an alleged offence, in addition to
specifying the prescribed penalty for the offence, may
specify --
(a) the prescribed transfer fee; and
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(b) the amount payable under a taxation Act, as defined in
the Taxation Administration Act 2003 Glossary, in
respect of the transfer of the licence,
and, for the purposes of sections 79, 82, 83(2) and 84(1), (2)
5 and (3) and the Fines, Penalties and Infringement Notices
Enforcement Act 1994, the prescribed penalty is to be taken to
be the sum of the prescribed penalty and those 2 other amounts.
(3) An infringement notice issued for an alleged offence may be
served on the alleged offender personally or by posting it to the
10 alleged offender's address as ascertained from a person
mentioned in the Road Traffic (Vehicles) Act 2007 section 10(1)
or otherwise.
82. Declining to be dealt with under this Division
A person who receives an infringement notice may decline to be
15 dealt with under the provisions of this Division and, if the
person fails to pay the prescribed penalty within the time
specified in the notice or within such further time as may, in any
particular case, be allowed, the person is to be taken to have
declined to be dealt with under those provisions.
20 83. Withdrawal of infringement notices
(1) In this section --
"alleged offender", in relation to an infringement notice served
on a responsible person under Division 2 or 3, means the
responsible person.
25 (2) An infringement notice may, whether or not the prescribed
penalty has been paid, be withdrawn by the sending of a notice,
in the prescribed form, signed by a prescribed officer, to the
alleged offender at his or her last known place of residence or
business, advising the alleged offender that the infringement
30 notice has been withdrawn; and, in that event, the amount of any
prescribed penalty that has been paid must be refunded.
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Division 1 Infringement notices generally
s. 84
84. Effect of payment of prescribed penalty
(1) If a prescribed penalty has been paid under an infringement
notice and the notice has not been withdrawn under
section 83(2), no person is to be prosecuted for the offence
5 alleged in the notice.
(2) The payment of the whole or a part of a penalty under an
infringement notice constitutes, for the purposes of the Road
Traffic (Authorisation to Drive) Act 2007 sections 16(1)(a) and
35(4)(b)(v) and the Road Traffic (Vehicles) Act 2007
10 sections 126(6) and 128(4), a conviction of an offence, but is
not to be regarded as an admission of liability for the purpose
of, nor in any way affect or prejudice, any civil claim, action or
proceeding arising out of the occurrence by reason of which the
infringement notice was given.
15 (3) Subsection (2) applies even if the payment is made by means of
a dishonoured cheque.
85. Regulations as to infringement notices
The Governor may make regulations for any purpose for which
regulations are contemplated or required by this section and, in
20 particular, may make regulations --
(a) prescribing offences for the purposes of this Division,
not being --
(i) an offence punishable by imprisonment; or
(ii) an offence in respect of which a court is required
25 to disqualify the offender from holding or
obtaining a driver's licence; or
(iii) an offence under the Road Traffic (Vehicles)
Act 2007 section 4(2) the commission of which
involves a heavy vehicle,
30 by setting out the offences or by reference to the
provision creating the offence or by reference to all or
any offences in any one Part or other division of any
regulations made under a road law; and
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Road Traffic (Administration) Bill 2007
Infringement notices Part 5
Infringement notices left on vehicles Division 2
s. 86
(b) prescribing penalties not exceeding a fine of 20 PU for
any prescribed offence or class of prescribed offence
and prescribing different penalties for the one offence,
according to the circumstances by which the offence is
5 attended.
Division 2 -- Infringement notices left on vehicles
86. Circumstances in which infringement notices can be left on
vehicles
If --
10 (a) an offence for which an infringement notice may be
given of which the standing, parking or leaving of
vehicle is an element is alleged to have occurred; and
(b) the identity of the driver or person in charge of the
vehicle is not known and cannot immediately be
15 ascertained,
an infringement notice for the alleged offence may be addressed
to the responsible person for the vehicle, without naming the
person or stating the person's address, and may be served on the
responsible person by leaving it in or upon, or attaching it to,
20 the vehicle.
87. If more than one responsible person
If an infringement notice is served on a responsible person
under section 86 and there is more than one responsible person,
the notice is to be regarded as having been served on --
25 (a) if not more than one responsible person responds to the
notice, that responsible person; or
(b) in any other case, not more than one responsible person
chosen by the Commissioner of Police.
page 73
Road Traffic (Administration) Bill 2007
Part 5 Infringement notices
Division 3 Infringement notices served on responsible persons
s. 88
88. Effect of leaving infringement notice on a vehicle
(1) If an infringement notice is served on a responsible person
under section 86, the responsible person is to be presumed to
have committed the offence alleged in the notice unless, within
5 the period of 28 days after the day specified in the notice (being
the day of the service of the notice or a subsequent day) --
(a) the penalty prescribed under section 79 for the alleged
offence is paid; or
(b) the responsible person informs an officer specified in the
10 notice that the responsible person was not the driver or
person in charge of the vehicle at the time of the alleged
offence and supplies to the officer --
(i) the name and address of the driver or person in
charge of the vehicle at that time; or
15 (ii) information showing that the vehicle was stolen
or unlawfully taken or used at that time.
(2) The presumption under subsection (1) applies even if the
responsible person is not an individual.
89. Contents of infringement notices left on vehicles
20 An infringement notice served under section 86 must contain or
be accompanied by a statement explaining the operation of
section 88(1) and (2).
Division 3 -- Infringement notices served on responsible
persons
25 90. Terms used in this Division
In this Division --
"period for complying" means --
(a) if the infringement notice enclosing photographic
evidence is served under section 91, the period of
30 28 days after the day specified in the notice (being
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Road Traffic (Administration) Bill 2007
Infringement notices Part 5
Infringement notices served on responsible persons Division 3
s. 91
the day of the service of the notice or a subsequent
day);
(b) if the infringement notice enclosing photographic
evidence is served under section 93, the period of
5 14 days after the day specified in the notice (being
the day of the service of the notice or a subsequent
day);
"photographic evidence" means --
(a) a photograph; or
10 (b) a cinematographic or other type of film, or video
tape, video disk, slide or digital, electronic or other
form of recording, from which a visual image can be
produced.
91. Service of infringement notice on responsible person if
15 identity of alleged offender not known
If --
(a) an offence for which an infringement notice may be
given, other than an offence under the Road Traffic
(Vehicles) Act 2007 section 4(2), and of which the
20 driving or being in charge of a vehicle is an element is
alleged to have occurred; and
(b) the belief mentioned in section 79 is based on
photographic evidence; and
(c) the name and address of the driver or person in charge
25 of the vehicle are not known and cannot immediately be
ascertained; and
(d) the identity of the vehicle can be ascertained from the
photographic evidence; and
(e) a responsible person for the vehicle is an individual,
30 an infringement notice for the alleged offence may be addressed
to the responsible person and may be served on the responsible
person, personally or by post.
page 75
Road Traffic (Administration) Bill 2007
Part 5 Infringement notices
Division 3 Infringement notices served on responsible persons
s. 92
92. If more than one responsible person
If there is more than one responsible person mentioned in
section 91, an infringement notice under that section may be
addressed to and served on not more than one of those persons
5 chosen by the Commissioner of Police.
93. If photographic evidence not included with infringement
notice
If an infringement notice is served on a responsible person
under section 91 without enclosing the photographic evidence
10 mentioned in section 91(b) and, at the end of the period of
14 days after the day specified in the notice (being the day of
the service of the notice or a subsequent day) --
(a) the penalty prescribed under section 79 for the alleged
offence has not been paid; and
15 (b) the responsible person has not informed an officer
specified in the notice that the responsible person was
not the driver or person in charge of the vehicle at the
time of the alleged offence and supplied to the officer --
(i) the name and address of the driver or person in
20 charge of the vehicle at that time; or
(ii) information showing that the vehicle was stolen
or unlawfully taken or used at that time,
a further infringement notice may be served on the
responsible person enclosing the photographic evidence.
25 94. Responsible person presumed to be the driver in certain
circumstances
If an infringement notice enclosing photographic evidence is
served on a responsible person under section 91 or 93, the
responsible person is to be presumed to be the driver or person
30 in charge of the vehicle at the time of the offence alleged in the
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Road Traffic (Administration) Bill 2007
Infringement notices Part 5
Infringement notices served on responsible persons Division 3
s. 95
notice unless, within the period for complying defined in
section 90 --
(a) the penalty prescribed under section 79 for the alleged
offence is paid; or
5 (b) the responsible person informs an officer specified in the
notice that the responsible person was not the driver or
person in charge of the vehicle at the time of the alleged
offence and supplies to the officer --
(i) the name and address of the driver or person in
10 charge of the vehicle at that time; or
(ii) information showing that the vehicle was stolen
or unlawfully taken or used at that time; or
(iii) a statutory declaration that the responsible person
did not know, and could not reasonably have
15 ascertained, the name and address of the driver
or person in charge of the vehicle at that time.
95. Contents of infringement notices served on responsible
persons
An infringement notice enclosing photographic evidence served
20 under section 91 or 93 must contain or be accompanied by a
statement explaining the operation of section 94.
96. Statutory declarations -- requirements as to delivery etc.
A statutory declaration under section 94(b)(iii) must be
contained in or accompanied by the infringement notice to
25 which it relates and must be posted to an officer specified in the
notice or delivered personally to the officer or the officer in
charge of a police station.
page 77
Road Traffic (Administration) Bill 2007
Part 5 Infringement notices
Division 4 Notices requesting information from responsible persons
s. 97
Division 4 -- Notices requesting information from
responsible persons
97. Meaning of "period for complying"
In this Division --
5 "period for complying" means --
(a) if the notice is served under section 98 without
enclosing the photographic evidence mentioned in
section 91(b), the period of 14 days after the day
specified in the notice (being the day of the service of
10 the notice or a subsequent day);
(b) if the notice is served under section 98 enclosing the
photographic evidence mentioned in section 91(b),
the period of 28 days after the day specified in the
notice (being the day of the service of the notice or a
15 subsequent day).
98. Notices requesting information
If an infringement notice could be addressed to and served on a
responsible person under Division 3 but for there not being any
individual who is a responsible person for the vehicle, a police
20 officer may serve a notice on a responsible person for the
vehicle --
(a) describing the offence that is alleged to have been
committed; and
(b) requesting the responsible person to, within the period
25 for complying defined in section 97, supply to an officer
specified in the notice the name and address of the
driver or person in charge of the vehicle at the time of
the offence so described.
page 78
Road Traffic (Administration) Bill 2007
Infringement notices Part 5
Notices requesting information from responsible persons Division 4
s. 99
99. If photographic evidence not included with notice
If a notice is served on a responsible person under section 98
without enclosing the photographic evidence mentioned in
section 91(b) and, at the end of 14 days after the day specified
5 in the notice (being the day of the service of the notice or a
subsequent day), the responsible person has not supplied to an
officer specified in the notice --
(a) the name and address of the driver or person in charge
of the vehicle at the time of the offence described in the
10 notice; or
(b) information showing that the vehicle was stolen or
unlawfully taken or used at that time,
a further notice of the kind described in section 98 may be
served on the responsible person enclosing the photographic
15 evidence but in the further notice the period specified for
complying with the request is to be the period of 14 days after
the day specified in the further notice (being the day of the
service of the further notice or a subsequent day).
100. Offence of failing to provide information, statutory
20 declaration
(1) A responsible person on which a notice enclosing photographic
evidence is served under section 98 or 99 commits an offence
unless, within the period specified in the notice for complying
with the request, the responsible person supplies to an officer
25 specified in the notice --
(a) the name and address of the driver or person in charge
of the vehicle at the time of the offence described in the
notice; or
(b) information showing that the vehicle was stolen or
30 unlawfully taken or used at the time of the offence
described in the notice; or
(c) a statutory declaration that the responsible person did
not know, and could not reasonably have ascertained,
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Road Traffic (Administration) Bill 2007
Part 5 Infringement notices
Division 4 Notices requesting information from responsible persons
s. 101
the name and address of the driver or person in charge
of the vehicle at the time of the offence described in the
notice.
Penalty: double the amount of the fine provided under a road
5 law for the offence described in the notice or, if more than
one amount is so provided, double the lower or lowest of
those amounts.
(2) If a person is charged with an offence under subsection (1) the
person may be convicted of an offence under section 35.
10 101. Withdrawal of notices
(1) A notice served on a person under section 98 or 99 may be
withdrawn at any time before the end of the period specified in
the notice for complying with the request by sending a notice to
that effect, in the prescribed form and signed by a prescribed
15 officer, to the person at the person's last known place of
business.
(2) If the amount of the modified penalty mentioned in
section 104(1) has been paid before a notice is withdrawn under
subsection (1), any amount so paid is to be refunded.
20 (3) Subsections (1) and (2) do not affect the operation of
section 83(2) in relation to a notice when it is regarded under
section 104(2) as an infringement notice.
102. Contents of notices
A notice enclosing photographic evidence served under
25 section 98 or 99 must contain or be accompanied by a statement
explaining the operation of sections 100(1) and 104.
103. Statutory declarations -- requirements as to delivery etc.
A statutory declaration under section 100(1)(c) must be
contained in or accompanied by the notice to which it relates
30 and must be posted to an officer specified in the notice or
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Road Traffic (Administration) Bill 2007
Infringement notices Part 5
Notices requesting information from responsible persons Division 4
s. 104
delivered personally to the officer or the officer in charge of a
police station.
104. Notice under section 98 or 99 may become an infringement
notice
5 (1) An offence under section 100(1) is prescribed for the purposes
of section 79 and the penalty for that offence if dealt with under
section 79 (the "modified penalty") is an amount of double the
amount of the fine prescribed under section 79 for the offence
described in the notice under section 98.
10 (2) If a person on which a notice enclosing photographic evidence
is served under section 98 or 99 fails to comply with the notice,
the notice is to be regarded as also being an infringement notice
served on the person for the offence under section 100(1)
constituted by that failure to comply.
15 (3) For the purposes of sections 79 and 82 and any other enactment,
the specified time for the payment of the modified penalty is the
period of 14 days after the end of the period mentioned in
section 100(1).
(4) Subject to section 101(1), if the amount of the modified penalty
20 has been paid before the day on which a notice is to be regarded
under this section as an infringement notice, the amount may be
held until that day and then treated as an amount received in
payment of the modified penalty.
(5) Despite section 84(2) the payment of the modified penalty does
25 not constitute a conviction of an offence for any purpose.
page 81
Road Traffic (Administration) Bill 2007
Part 6 Prosecutions
Division 1 Commencing prosecutions
s. 105
Part 6 -- Prosecutions
Division 1 -- Commencing prosecutions
105. Who may commence a prosecution
(1) A prosecution for an offence under the Road Traffic Act 1974
5 can be commenced only by --
(a) a police officer; or
(b) a person authorised under section 23; or
(c) a person authorised to do so by the Commissioner of
Police.
10 (2) A prosecution for an offence under a road law other than the
Road Traffic Act 1974 can be commenced only by --
(a) a police officer; or
(b) a person authorised under section 22; or
(c) a person authorised to do so by the CEO.
15 (3) Nothing in this section affects the operation of the Director of
Public Prosecutions Act 1991 section 11.
106. When a prosecution can be commenced
(1) A prosecution of a person for an offence under any of the
following provisions must be commenced within 2 years after
20 the date on which the offence was allegedly committed --
(a) Part 4, other than an offence prescribed by the
regulations as an offence to which subsection (2)
applies;
(b) the Road Traffic Act 1974 section 49(1)(a);
25 (c) the Road Traffic (Vehicles) Act 2007, other than an
offence prescribed by the regulations as an offence to
which subsection (2) applies.
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Road Traffic (Administration) Bill 2007
Prosecutions Part 6
Evidentiary provisions Division 2
s. 107
(2) A prosecution of a person for any other offence under a road
law must be commenced within 12 months after the date on
which the offence was allegedly committed.
107. Limitation on period for which previous offences taken into
5 account
If --
(a) a person is convicted of an offence under a road law (the
"present offence"); and
(b) the penalty or penalties which may or are required to be
10 imposed for the present offence vary according to
whether the person has been convicted previously of an
offence under a road law,
any previous offence the conviction for which was recorded
more than 20 years before the commission of the present
15 offence is not to be taken into account in determining the
penalty or penalties to be imposed for the present offence.
108. Production of licences, permits at hearings
A person who is --
(a) the holder of a driver's licence or learner's permit; and
20 (b) charged with an offence under a road law,
must produce his or her driver's licence document or learner's
permit on demand to the court hearing the charge.
Penalty: a fine of 50 PU.
Division 2 -- Evidentiary provisions
25 109. Averments etc. in prosecution notices
(1) In a prosecution for an offence under a road law an averment in
the prosecution notice as to any of the following matters is to be
taken to be proved in the absence of proof to the contrary --
(a) that on a specified date a person was or was not an
30 owner of, or a responsible person for, a vehicle or
page 83
Road Traffic (Administration) Bill 2007
Part 6 Prosecutions
Division 2 Evidentiary provisions
s. 109
became an owner of, or a responsible person for, a
vehicle;
(b) that on a specified date a person was or was not the
holder of a driver's licence, learner's permit or vehicle
5 licence (either generally or in respect of a particular
vehicle);
(c) that on a specified date a specified driver's licence,
learner's permit or vehicle licence was or was not
granted, renewed, varied, suspended, cancelled or
10 surrendered under a road law;
(d) that on a specified date a person was disqualified from
holding or obtaining a driver's licence for a specified
period;
(e) that on a specified date a vehicle was driven or used on a
15 road or any place to which the public is permitted,
whether on payment of a fee or otherwise, to have
access;
(f) that the alleged offender was, at the time of the alleged
offence, a person to whom the Road Traffic Act 1974
20 section 64A(1) or 64AAA applied;
(g) that the person by whom the prosecution was
commenced is authorised to commence the prosecution;
(h) that an offence was committed within a local
government district or any part of the State specified in
25 the prosecution notice;
(i) that an offence was committed at a time, on a date or
during a period specified in the prosecution notice;
(j) that on a specified date a vehicle was a heavy vehicle or
a light vehicle or of a particular class of heavy or light
30 vehicle;
(k) that a specified exemption granted under a road law did
or did not apply to a specified person or a specified
vehicle at a specified time;
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Road Traffic (Administration) Bill 2007
Prosecutions Part 6
Evidentiary provisions Division 2
s. 109
(l) that a mass or dimension requirement modified under
the Road Traffic (Vehicles) Act 2007 Part 4 Division 2
Subdivision 2 in a specified manner did or did not apply
to a specified person or a specified vehicle at a specified
5 time;
(m) that an access approval given under the Road Traffic
(Vehicles) Act 2007 section 41 did or did not apply to a
specified person or a specified vehicle at a specified
time;
10 (n) that a specified requirement imposed under a road law
did or did not apply to a specified person or a specified
vehicle at a specified time;
(o) that at a specified time a specified vehicle, with or
without a load, or a specified part of a specified vehicle,
15 with or without a load, was weighed on a specified
weighbridge or by the use of a specified weighing
device and that a specified mass was the mass of the
vehicle or part;
(p) that on a specified date a specified road was closed for a
20 specified period or subject to a specified condition;
(q) that on a specified date, specified premises were an
inspection station;
(r) that a specified person had or had not notified the CEO
of a change of address;
25 (s) that a specified document was or was not lodged, or a
specified fee was or was not paid, by a specified person.
(2) If, in a prosecution notice for an offence under a road law, the
name of the accused is that given by the alleged offender at the
time of, or immediately following, the occurrence giving rise to
30 the charge, there is a presumption, rebuttable by evidence to the
contrary, that the accused is the alleged offender.
page 85
Road Traffic (Administration) Bill 2007
Part 6 Prosecutions
Division 2 Evidentiary provisions
s. 110
110. Certificate evidence
(1) For the purposes of a prosecution for an offence under a road
law or verifying the accuracy of information provided to
corresponding authority under section 13(1) or to another
5 Australian driver licensing authority under section 14(2), the
CEO or a person authorised by the CEO may issue a certificate
stating that a fact specified in the certificate appears in or is
derived from the driver's licence register or another record kept
by the CEO or the Commissioner for Main Roads under a road
10 law.
(2) A certificate purporting to be issued under subsection (1) or
under a law in force in another jurisdiction that corresponds to
that subsection is evidence of any fact stated in the certificate.
(3) For the purposes of a prosecution for an offence under any
15 written law the CEO or any person authorised by the CEO for
that purpose may issue a certificate which states --
(a) that on a specified date or during a specified period --
(i) a vehicle was registered; or
(ii) a vehicle was not registered,
20 under a road law in the name of any person specified in
the certificate; or
(b) that as at a specified date or during a specified period a
specified person in the certificate was --
(i) registered as the holder of a vehicle licence in
25 respect of a specified vehicle; or
(ii) nominated under section 5(2) as the owner of a
specified vehicle.
(4) In a prosecution for an offence under any written law --
(a) a certificate issued or purporting to be issued under
30 subsection (3) is evidence of the facts stated in the
certificate; and
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Road Traffic (Administration) Bill 2007
Prosecutions Part 6
Evidentiary provisions Division 2
s. 111
(b) a certificate or other document issued or purporting to
be issued under a law of a State or Territory of the
Commonwealth which states that on a specified date or
during a specified period --
5 (i) a vehicle was registered in the name of a
specified person; or
(ii) a vehicle was not registered in the State or
Territory in respect of which the certificate or
other document is issued,
10 is evidence of the facts stated in the certificate or other
document.
(5) In a prosecution for an offence under any written law a
certificate purporting to have been issued by the CEO or a
corresponding authority or an Australian police officer as to any
15 matter that appears in or can be surmised or calculated from
records kept or accessed by the CEO, corresponding authority
or officer is evidence of the matters stated in the certificate.
111. Proof of authority of warden, vehicle examiner
(1) A document purporting to be an authorisation, or a copy of an
20 authorisation of --
(a) the CEO under section 22; or
(b) the Commissioner under section 23; or
(c) the CEO for the purposes of --
(i) paragraph (b) of the definition of "inspection
25 station" in the Road Traffic (Vehicles) Act 2007
section 67; or
(ii) paragraph (b) of the definition of "vehicle
examiner" in the Road Traffic (Vehicles)
Act 2007 section 67,
30 is admissible in any proceedings and is prima facie evidence of
the matters stated.
page 87
Road Traffic (Administration) Bill 2007
Part 6 Prosecutions
Division 2 Evidentiary provisions
s. 112
(2) An identification card purporting to have been issued under
section 25 is evidence in any proceedings that the person
concerned has the functions specified in the card.
(3) A statement in a certificate purporting to have been issued by --
5 (a) the CEO as to a person's authority under section 22 to
perform a function that can be performed by a warden;
or
(b) the Commissioner of Police as to a person's authority
under section 23 to perform a function that can be
10 performed by a warden; or
(c) the CEO as to a public service officer's functions
relating to the examination and testing of vehicles for
the purposes of the Road Traffic (Vehicles) Act 2007; or
(d) the CEO as to a person's authority under paragraph (b)
15 of the definition of "vehicle examiner" in the Road
Traffic (Vehicles) Act 2007 section 71,
is admissible in any proceedings and is prima facie evidence of
the matters stated.
112. Ascertainment of mass by weighbridge
20 (1) The mass of a vehicle or the mass supported on any part of a
vehicle, whether loaded or not, may be ascertained by weighing
the vehicle or part of the vehicle on --
(a) a public weighbridge, as defined in the Trade
Measurement Act 2006 section 3(1), that is mentioned in
25 a public weighbridge licence in force under Part 6 of
that Act; or
(b) a weighbridge as defined in section 3(1) of that Act,
other than a public weighbridge, that is verified or
re-verified under that Act.
30 (2) Evidence of a record made by --
(a) the licensee who has been granted a licence mentioned
in subsection (1)(a); or
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Road Traffic (Administration) Bill 2007
Prosecutions Part 6
Evidentiary provisions Division 2
s. 113
(b) the operator of a weighbridge mentioned in
subsection (1)(b); or
(c) a person employed by such a licensee or operator to
operate the weighbridge,
5 of the mass of a vehicle or part of a vehicle weighed at the
weighbridge is admissible in any proceedings under a road law
and is prima facie evidence of the mass of the vehicle or part at
the time it was weighed.
113. Ascertainment of mass by loadmeter etc.
10 (1) In this section --
"loadmeter" means a portable weighing device designed to
determine --
(a) a vehicle's total mass, including its load if any; or
(b) a vehicle's wheel load; or
15 (c) the load of a vehicle's axle group.
(2) The mass of a vehicle or the mass supported on any part of a
vehicle, whether loaded or not, may be ascertained by use of
one or more loadmeters or other prescribed device.
(3) If one or more loadmeters are used to ascertain the mass of a
20 vehicle, including its load if any, then for the purpose of
determining whether or not the vehicle and load comply with a
road law, the mass of the vehicle and load is to be taken to be
the mass ascertained by aggregating the relevant readings of the
loadmeter or loadmeters.
25 (4) If a loadmeter is used to ascertain the mass supported on a
particular part of a vehicle, then for the purpose of determining
whether or not the vehicle and its load if any comply with a road
law, the mass supported on the part is to be taken to be the mass
as ascertained less the prescribed amount.
30 (5) If a loadmeter is used to ascertain the mass of a vehicle and its
load, this section does not prevent a person charged with an
page 89
Road Traffic (Administration) Bill 2007
Part 6 Prosecutions
Division 2 Evidentiary provisions
s. 114
offence related to the mass of the vehicle and load as calculated
in accordance from adducing evidence of the actual mass of the
vehicle and load at the material time.
114. Ascertainment of mass by reference to manufacturer's
5 specifications
If the mass of a vehicle or the mass supported on any part of a
vehicle, whether loaded or not, cannot be, or cannot
conveniently be, ascertained under section 112 or 113 --
(a) if the load comprises only equipment, the mass of the
10 equipment, ascertained by reference to the
manufacturer's specification (if any) relating to the
equipment, is to be taken to be the mass of the load; and
(b) the unloaded mass of the vehicle as defined in
section 16(2) and as ascertained by reference to the
15 manufacturer's specification (if any) relating to the
vehicle, is to be taken to be the mass of the vehicle; and
(c) the aggregate of the masses ascertained under
paragraphs (a) and (b), together with the mass of 10 L of
fuel, is to be taken to be the mass of the vehicle and its
20 load.
115. Evidence regarding manufacturer's ratings
(1) Evidence of a written statement purporting to be made by the
manufacturer of a vehicle or part of a vehicle regarding the mass
rating of the vehicle or part determined by the manufacturer is
25 admissible in any proceedings under a road law and is prima
face evidence --
(a) of the mass rating; and
(b) of any conditions to which the rating is subject included
in the statement; and
30 (c) that the statement was made by the manufacturer of the
vehicle or part.
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Road Traffic (Administration) Bill 2007
Prosecutions Part 6
Evidentiary provisions Division 2
s. 116
(2) Evidence of a written statement purporting to be made by the
manufacturer of load restraint equipment designed for use on a
vehicle or a part of a vehicle regarding the strength or
performance rating of the equipment determined by the
5 manufacturer is admissible in any proceedings and is prima face
evidence --
(a) of the strength or performance rating; and
(b) that the equipment was designed for that use; and
(c) of any conditions to which the rating is subject included
10 in the statement; and
(d) that the statement was made by the manufacturer of the
equipment.
(3) Evidence of a written statement purporting to be made by the
manufacturer of equipment that comprises a load is admissible
15 in any proceedings and is prima face evidence of the mass of the
equipment.
116. Proof of appointments and signatures unnecessary
(1) In this section --
"office holder" means --
20 (a) the CEO; or
(b) the Commissioner of Police or any other police
officer; or
(c) a person authorised under section 22 or 23; or
(d) an approved officer, as that term is defined in the
25 Road Traffic (Vehicles) Act 2007 section 78.
(2) For the purposes of a road law, it is not necessary to prove the
appointment of an office holder.
(3) For the purposes of a road law, a signature purporting to be the
signature of an office holder is evidence of the signature it
30 purports to be.
page 91
Road Traffic (Administration) Bill 2007
Part 6 Prosecutions
Division 2 Evidentiary provisions
s. 117
117. Certain measuring equipment
(1) In this section --
"authorised person" --
(a) in relation to distance measuring equipment,
5 means --
(i) a police officer; or
(ii) a person certified by the Commissioner of
Police as being competent to use the
equipment;
10 and
(b) in relation to speed measuring equipment, means --
(i) a police officer; or
(ii) a person certified by the Commissioner of
Police as being competent to use the
15 equipment;
"distance measuring equipment" means apparatus of a type
approved by the Minister under subsection (3);
"Minister" means the Minister of the Crown to whom the
administration of the Road Traffic Act 1974 is for the time
20 being committed by the Governor;
"speed measuring equipment" means apparatus of a type
approved by the Minister under subsection (2).
(2) The Minister may, from time to time, by notice published in the
Gazette, approve of types of apparatus for the purpose of
25 ascertaining the speed at which a vehicle is moving and may, by
notice so published, revoke any such approval.
(3) The Minister may, from time to time, by notice published in the
Gazette, approve of types of apparatus for the purpose of
ascertaining distances on roads and may, by notice so published,
30 revoke any such approval.
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Evidentiary provisions Division 2
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(4) In a prosecution for an offence under any written law evidence
may be given of the use of speed measuring equipment by an
authorised person in relation to a vehicle and of the speed at
which that vehicle was moving as ascertained by the use of that
5 equipment, and that evidence is prima facie evidence of the
speed at which that vehicle was moving at the time of the use of
that equipment in relation to that vehicle.
(5) In a prosecution for an offence under any written law evidence
may be given of the use of distance measuring equipment by an
10 authorised person on a road, of the distance between 2 identified
points on the road as ascertained by the use of that equipment
and of the ascertainment of the speed at which a vehicle was
moving by the measurement of the time taken by that vehicle to
travel that distance, and that evidence is prima facie evidence of
15 the speed at which that vehicle was moving when it travelled
that distance.
(6) In a prosecution mentioned in subsection (4), evidence by an
authorised person that apparatus used by the person was speed
measuring equipment is prima facie evidence of that fact.
20 (7) In a prosecution mentioned in subsection (5), evidence by an
authorised person that apparatus used by the person was
distance measuring equipment is prima facie evidence of that
fact.
(8) In a prosecution mentioned in subsection (4) or (5), a certificate
25 purporting to be signed by the Commissioner of Police
certifying that a specified person is, or was at the material time,
a person certified by the Commissioner as being competent to
use distance measuring equipment or to use speed measuring
equipment is prima facie evidence of the matters in the
30 certificate, without proof of the signature of the person
purporting to have signed it or proof that the purported
signatory was the Commissioner.
(9) Nothing in this section is to be construed as precluding or
restricting the introduction of any competent evidence, whether
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Division 2 Evidentiary provisions
s. 118
in addition to, or independent of, any evidence for which
provision is made by this section, bearing on the question of
whether a person was or was not guilty of an offence under a
written law.
5 (10) The Commissioner of Police may, either generally or as
provided by the instrument of delegation, delegate to any person
the performance of the Commissioner's functions under this
section, other than this power of delegation.
(11) Unless the contrary is proved, it is to be presumed that a
10 certificate purporting to have been signed by a person as a
delegate of the Commissioner of Police was signed by the
person in the performance of a function that at the time was
delegated to the person by the Commissioner.
118. Proof of transport, journey documentation
15 In a prosecution for an offence under a road law, transport
documentation or journey documentation is admissible without
further proof and the following matters mentioned in the
documentation are to be taken to be proved in the absence of
proof to the contrary --
20 (a) the identity and status of the parties to the transaction to
which it relates, including a person's status as an
involved person;
(b) the destination or intended destination of the load to
which it relates.
25 119. Bodies corporate or employers, conduct on behalf of
(1) In this section --
"director" of a body corporate, includes a constituent member
of a body corporate incorporated for a public purpose by a
written law or a law of the Commonwealth, another State
30 or a Territory;
"engaging in conduct" includes failing or refusing to engage in
conduct;
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"state of mind" of a person includes --
(a) the knowledge, intention, opinion, belief or purpose
of the person; and
(b) the person's reasons for the intention, opinion, belief
5 or purpose.
(2) This section applies to and in relation to proceedings for an
offence under a road law.
(3) If it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to
10 show --
(a) that the conduct was engaged in by a director, employee
or agent of the body corporate within the scope of his or
her actual or apparent authority; and
(b) that the director, employee or agent had the relevant
15 state of mind.
(4) Conduct engaged in on behalf of a body corporate by a director,
employee or agent of the body corporate within the scope of his
or her actual or apparent authority is to be taken to have been
engaged in also by the body corporate, unless the body
20 corporate establishes that it took reasonable precautions and
exercised due diligence to avoid the conduct.
(5) If it is necessary to establish the state of mind of a person other
than a body corporate in relation to particular conduct, it is
sufficient to show --
25 (a) that the conduct was engaged in by an employee or
agent of the person within the scope of his or her actual
or apparent authority; and
(b) that the employee or agent had the relevant state of
mind.
30 (6) Conduct engaged in on behalf of an employer other than a body
corporate by an employee or agent of the employer within the
scope of his or her actual or apparent authority is to be taken to
have been engaged in also by the employer unless the employer
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s. 120
establishes that the employer took reasonable precautions and
exercised due diligence to avoid the conduct.
120. Burden of proof where load falls off vehicle
If the prosecution in proceedings for an offence of breaching a
5 loading requirement under the Road Traffic (Vehicles) Act 2007
proves that a load, or part of a load, had fallen off a vehicle, the
burden of proof is on the accused to show that the load was
secured so that it was unlikely to fall or be dislodged from the
vehicle.
10 Division 3 -- Sentencing matters
121. Minimum fines
Without limiting the Sentencing Act 1995, and despite any other
written law, a pecuniary penalty provided for or in relation to an
offence under a road law that is expressed to be a minimum
15 penalty, whether by the use of the expression "minimum
penalty" or "not less than" or another like expression, is
irreducible in mitigation.
122. Penalties for bodies corporate
The provision in a road law of a penalty for a body corporate
20 does not affect the operation of the Sentencing Act 1995
section 40(5) in relation to an offence under a road law that does
not provide for a penalty for a body corporate.
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Part 7 -- Damage to road infrastructure
123. Terms used in this Part
In this Part --
"compensation order" means an order under section 124(1);
5 "road authority" means --
(a) a public authority that is responsible for the care,
control or management of roads; or
(b) any person or body (whether or not a public
authority) prescribed by the regulations for the
10 purposes of this definition, in relation to specified
roads or specified classes of roads;
"road infrastructure" includes --
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or
15 pavement and maintained by a road authority; and
(c) any bridge, tunnel, causeway, road-ferry, ford or
other work or structure forming part of a road system
or supporting a road; and
(d) any bridge or other work or structure located above,
20 in or on a road and maintained by a road authority;
and
(e) any traffic control devices, railway or tramway
equipment, electricity equipment, emergency
telephone systems or any other facilities (whether of
25 the same or a different kind) in, on, over, under or
connected with anything mentioned in paragraphs (a)
to (d); and
(f) any trees or other vegetation on a road reservation,
median strip or traffic island; and
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(g) anything declared by the regulations to be included in
this definition,
but does not include anything declared by the regulations to
be excluded from this definition.
5 124. Compensation orders for damage to road infrastructure in
consequence of MDLR offences
(1) The court that finds a person guilty of an MDLR offence may
make a compensation order requiring the offender to pay a road
authority such amount by way of compensation as the court
10 thinks fit for damage to any road infrastructure that the road
authority has incurred or is likely to incur in consequence of the
offence.
(2) A compensation order may be made on the application of the
prosecutor, the road authority or the CEO.
15 (3) A compensation order is to be made in favour of the road
authority.
(4) The court may make a compensation order where it is satisfied
on the balance of probabilities that the commission of the
offence caused or contributed to the damage.
20 (5) The court may make a compensation order when it finds the
offender guilty of the offence or at any time afterwards, but not
later than the period within which a prosecution for the offence
could have been commenced.
125. Assessment of compensation
25 (1) In making a compensation order, the court may assess the
amount of compensation in such manner as it considers
appropriate, including (for example) the estimated cost of
remedying the damage.
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(2) In assessing the amount of compensation, the court may take
into account such matters as it considers relevant, including --
(a) evidence adduced in connection with the prosecution of
the offence; and
5 (b) evidence not adduced in connection with the prosecution
of the offence but adduced in connection with the
making of the proposed order; and
(c) a certificate of the road authority stating that the road
authority maintains the road concerned; and
10 (d) any other certificate of the road authority, such as a
certificate --
(i) estimating the monetary value of all or any part
of the road infrastructure or of the damage to it;
or
15 (ii) estimating the cost of remedying the damage; or
(iii) estimating the extent of the offender's
contribution to the damage.
126. Service of certificates
(1) In this section --
20 "certificate" means a certificate mentioned in section 125(2).
(2) If a road authority proposes to use a certificate, the road
authority must serve a copy of the certificate on the accused at
least 28 days before the day on which the matter is set down for
hearing.
25 (3) A certificate cannot be used in the proceedings unless a copy of
the certificate has been served in accordance with this section.
(4) An accused who wishes to challenge a statement in a certificate
must serve a notice in writing on the road authority at least
14 days before the day on which the matter is set down for
30 hearing.
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(5) The notice of intention is to specify the matters in the certificate
that are intended to be challenged.
(6) If the accused intends to challenge the accuracy of any
measurement, analysis or reading in the certificate, the accused
5 must specify the reasons in support of the accused's allegations
that it is inaccurate and must specify the measurement, analysis
or reading that the accused considers to be correct.
(7) The accused cannot challenge any matter in the certificate if the
requirements of this section have not been complied with in
10 relation to the certificate, unless the court gives leave to do so.
127. Limits on amount of compensation
(1) When making a compensation order, if the court is satisfied that
the commission of the offence concerned contributed to the
damage but that other factors not connected with the
15 commission of the offence also contributed to the damage, the
court is to limit the amount of the compensation payable by the
offender to the amount it assesses as being the offender's
contribution to the damage.
(2) The maximum amount of compensation is not to exceed the
20 monetary jurisdictional limit of the court in civil proceedings.
(3) The court is not to include in the order any amount for --
(a) personal injury or death; or
(b) loss of income (whether sustained by a road authority or
any other person or organisation); or
25 (c) damage to any property (including a vehicle) that is not
part of the road infrastructure.
128. Costs
The court has the same power to award costs in relation to the
proceedings for a compensation order as it has in relation to
30 civil proceedings, and the relevant provisions of laws applying
to costs in relation to civil proceedings apply with any necessary
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s. 129
adaptations to costs in relation to the proceedings for the
compensation order.
129. Enforcement of compensation order and costs
A compensation order, and any award of costs, are enforceable
5 as if they were a judgment of the court in civil proceedings.
130. Relationship with orders or awards of other courts and
tribunals
(1) A compensation order is not to be made if another court or
tribunal has awarded compensatory damages or compensation in
10 civil proceedings in respect of the damage based on the same or
similar facts, and if a court purports to make an order under this
Part in those circumstances --
(a) the order has no effect to the extent that it covers the
same matters as those covered by the other award; and
15 (b) any payments made under the order to the extent to
which it has no effect must be repaid by the road
authority.
(2) The making of a compensation order does not prevent another
court or tribunal from afterwards awarding damages or
20 compensation in civil proceedings in respect of the damage
based on the same or similar facts, but the court or tribunal must
take the order into account when awarding damages or
compensation.
131. Liability for damage to road infrastructure
25 (1) Each responsible person for a vehicle is jointly and severally
liable in damages to a road authority for any expense or loss
incurred by that road authority because of damage to road
infrastructure caused by, or happening as a result of --
(a) the use of the vehicle on a road; or
30 (b) the passage along a road of the vehicle or of anything
carried, drawn, or propelled by the vehicle.
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(2) Those damages may be recovered by proceedings in a court of
competent jurisdiction.
(3) If any damage of a kind mentioned in subsection (1) causes a
hazard to other traffic, the person in charge of the vehicle --
5 (a) must immediately place a conspicuous warning mark or
sign on or near the road infrastructure that is damaged;
and
(b) must, as soon as practicable, inform the officer in charge
of the nearest police station of the damage.
10 Penalty: a fine of 50 PU.
(4) In any proceedings for the recovery of damages under this
section a certificate of the kind mentioned in section 110(4) is
evidence for the purposes of proving who is a responsible
person for the vehicle as though the proceedings were a
15 prosecution for an offence.
132. Road authority may recover expenses of damage caused by
heavy traffic
(1) In this section --
"Government road" means --
20 (a) a road declared by Order in Council under the Public
Works Act 1902 section 86(2) to be a Government
road; or
(b) a highway or main road as those terms are defined in
the Main Roads Act 1930;
25 "heavy traffic" includes --
(a) traffic comprising heavy vehicles; or
(b) a high volume of traffic.
(2) Where it appears to the road authority that has functions in
relation to the repair of road infrastructure that, having regard to
30 the average expense of repairing road infrastructure in the
vicinity, extraordinary expenses have been incurred by the road
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authority in repairing the road infrastructure because of damage
caused by heavy traffic, the road authority may recover the
amount of the expenses as may be proved to the satisfaction of
the court to have been incurred by the road authority because of
5 damage caused by heavy traffic.
(3) Those expenses may be recovered --
(a) from a person by, or in consequence of, whose
directions the heavy traffic has been conducted; and
(b) by proceedings in a court of competent jurisdiction.
10 (4) A person against whom expenses are or may be recoverable
under this section may enter into an agreement with the road
authority for payment to it in respect of heavy traffic, and on
making the payment as agreed the person is not to be subject to
any proceedings under this section.
15 (5) For the purposes of this section the Minister is to be taken to be
the road authority that has functions in relation to the repair of a
Government road, and the Minister may bring an action for
recovery of expenses under this section accordingly and any
money recovered is to be credited to the Consolidated Account.
20 (6) Proceedings for the recovery of expenses under this section
cannot be commenced --
(a) in the case where the damage is the consequence of a
particular building contract or work extending over a
long period, if 6 months have elapsed since the
25 completion of the contract or work; and
(b) in any other case, if 12 months have elapsed since the
damage occurred.
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Part 8 -- Miscellaneous
133. Review of decisions under road laws
The regulations are to provide for the review of a decision --
(a) of the CEO made under the Road Traffic (Authorisation
5 to Drive) Act 2007 Part 2 and give the Commissioner of
Police a right to be heard in proceedings for the review
of a decision of the CEO made under that Part; or
(b) to grant, renew, transfer, vary, cancel or suspend a
licence, under the Road Traffic (Vehicles) Act 2007
10 Part 2, or to refuse to do any of those things; or
(c) under the Road Traffic (Vehicles) Act 2007 Part 4
Division 2 to modify a mass or dimension requirement
or to vary, suspend or cancel a modified mass or
dimension requirement, or to specify in an order or
15 permit a matter in relation to a modified mass or
dimension requirement, to refuse to do any of those
things; or
(d) under the Road Traffic (Vehicles) Act 2007 Part 4
Division 3 to give, vary, suspend or cancel an access
20 approval, or to specify in an order or permit a matter in
relation to an access approval, or to refuse to do any of
those things; or
(e) to accredit a person under the Road Traffic (Vehicles)
Act 2007 Division 4 or to vary, suspend or cancel an
25 accreditation, or to impose a requirement in relation to
an accreditation, or to refuse to do any of those things;
or
(f) of an approved officer, as that term is defined in the
Road Traffic (Vehicles) Act 2007 section 78, to give or
30 amend an improvement notice as defined in that section
and give whoever of the CEO or the Commissioner of
Police who nominated a person as the approved officer a
right to be heard in proceedings for the review of such a
decision; or
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(g) to grant, vary, suspend or cancel an exemption defined
in the Road Traffic (Vehicles) Act 2007 section 135, or
to impose a condition in relation to such an exemption,
or to refuse to do any of those things.
5 134. Amendment or revocation of directions or conditions
A police officer may amend or revoke a direction given, or a
condition imposed, under a road law by a police officer or a
warden.
135. Protection from liability for wrongdoing
10 (1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
purported performance of a function under a road law.
(2) The Minister to whom the administration of a particular road
law is for the time being committed by the Governor, the CEO,
15 the Commissioner of Police, the Commissioner for Main Roads,
and the Crown are also relieved of any liability that any of them
might otherwise have had for another person having done
anything as described in subsection (1).
(3) A local government is also relieved of any liability that it might
20 otherwise have had for another person having done anything as
described in subsection (1) in relation to a function of a local
government under section 11, 139 or 141.
(4) The protection given by this section applies even though the
thing done as described in subsection (1) may have been
25 capable of being done whether or not this Act had been enacted.
(5) Subsection (1) does not relieve a contractor of any liability that
the contractor might otherwise have for anything done or
omitted to be done, as described in that subsection, by the
contractor or another person.
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(6) In subsection (5) --
"contractor" means a person who has entered into a contract
with the Commissioner of Police under the Road Traffic
Act 1974 section 78D.
5 (7) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
136. Protection of people testing or examining or giving certain
information
(1) The protection given by this section is in addition to any
10 protection given by section 135.
(2) A person is not to be prosecuted for an offence for expressing to
the CEO, in good faith, an opinion formed as a result of having
carried out a test or examination under a road law.
(3) An action in tort does not lie against a person, and a person is
15 not to be prosecuted for an offence, for reporting to the CEO, 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 licence or
20 learner's permit; or
(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.
25 137. Liability of director, etc., of a body corporate that is owner
of a vehicle
(1) In this section --
"director", in relation to a body corporate, includes any person
occupying the position of director of the body corporate by
30 whatever name and includes a person in accordance with
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s. 138
whose directions or instructions the directors of the body
corporate are accustomed to act.
(2) If a person, by reason only of being director of a body
corporate, has been required under a road law to discharge any
5 obligation to pay a sum of money that the body corporate was
obliged to pay, whether pursuant to a judgment or order of a
court or not, that person --
(a) is entitled to recover from the body corporate any
amount so paid as a civil debt due to the person by the
10 body corporate; and
(b) if any amount so paid cannot be recovered from the
body corporate, is entitled to recover contribution from
any other director of the body corporate who would
have been liable in respect of the amount so paid except
15 that the amount which may be recovered by a director
from any other director is not to exceed the proportion
of the total amount that that person has paid as one bears
to the total number of directors of the body corporate.
(3) Nothing in this section affects the liability of a body corporate
20 that is a responsible person for a vehicle to pay any amount to
the CEO in accordance with any of the provisions of a road law.
138. Contracting out prohibited
A provision in, or condition of, any contract that purports to
exclude, limit or modify the operation of a road law has no
25 effect but without prejudice to the other provisions or conditions
of the contract.
139. Temporary suspension of road law
(1) If a person or club requests the Minister to temporarily suspend
the operation of any provision of a road law for the purpose of
30 enabling a race meeting or speed test to take place, the Minister
may --
(a) refuse to suspend the provision for such purpose; or
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(b) subject to subsection (2), by notice published in the
Gazette temporarily suspend the provision for such
purpose.
(2) The Minister is not to temporarily suspend the operation of any
5 provision unless the Minister has first obtained the consent of
the local government of the district within which the race
meeting or speed test will be held.
(3) Any temporary suspension of a provision under this section is
subject to such conditions as are specified by the Minister.
10 (4) Where a person does not comply with a condition under which a
provision is temporarily suspended under this section, the
provision is to be taken to have effect in relation to that person.
(5) Despite subsection (4), a person who does not comply with a
condition under which a provision is temporarily suspended
15 under this section commits an offence.
Penalty: a fine of 12 PU.
(6) The Minister may delegate to the Commissioner of Police or a
police officer specified in the instrument of delegation all or any
of the powers conferred upon the Minister under subsection (1).
20 140. Confusing lights affecting traffic on roads
(1) In this section --
"Commissioner" means the Commissioner of Main Roads;
"light" includes any fire, lamp, light, illuminated sign, street
light, or other mechanical manufactured or constructed
25 illumination, and also the glow from any such light;
"owner" includes the owner, lessee, tenant, purchaser, hirer, or
other person in possession or entitled to the possession of a
light, and, in the case of a street light, means the local
government of the district in which such street light is
30 erected or installed.
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(2) If a light is used, kept, burnt, or exhibited at a place or in a
manner that in the opinion of the Commissioner is likely to
confuse traffic on a road or create circumstances or conditions
likely to adversely affect or to cause risk of danger to traffic on
5 a road, the Commissioner may by notice in writing require the
owner of or the person in charge of the light or the occupier of
the place or premises where the light is used, kept, burnt, or
exhibited within a time specified in the notice to take effectual
means --
10 (a) to extinguish the light; or
(b) to remove the light entirely or to some other position; or
(c) to modify the light or to alter its character or colour, or
to screen the light to the extent and in the manner as
directed by the Commissioner; or
15 (d) to refrain from using, keeping, burning, or exhibiting the
light either entirely or for the period or during the hours
as directed by the Commissioner; or
(e) to do or refrain from doing any other act, matter, or
thing in relation to using, keeping, burning, or exhibiting
20 the light as directed by the Commissioner.
(3) A notice under subsection (2) may be served, either personally
or by delivery, at the residence of the person to be served, or by
affixing it in some conspicuous place on or near the place or
premises upon or in which the light to which the notice relates is
25 used, kept, burnt, or exhibited.
(4) A person who is served with a notice under subsection (2) must
not, without reasonable excuse, fail to comply with the notice.
Penalty: a fine of 8 PU, and, in addition, a daily penalty of 1 PU
for every day or part of a day during which the notice is not
30 complied with after the time specified in the notice for
compliance.
(5) If a person served with a notice under subsection (2) fails in any
respect to comply with the notice within the time specified in
the notice for compliance, the Commissioner or any person
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authorised in writing by the Commissioner may enter upon the
place or premises at which the light to which the notice relates
is used, kept, burnt or exhibited, and take effectual means (but
doing no unnecessary damage) to carry out and otherwise give
5 effect to the notice to the extent to which it has not been
complied with.
(6) Any expense incurred by the Commissioner or the person
authorised by the Commissioner under subsection (5) is a debt
owing to the Commissioner by the person upon whom the
10 notice was served and is recoverable by the Commissioner in a
court of competent jurisdiction.
(7) A person who is injured or whose property is damaged as a
result of a light to which a notice under subsection (2) relates
confusing traffic on a road or creating circumstances or
15 conditions that adversely affected or caused risk of danger to
traffic on a road may, by way of civil proceedings, recover
compensation or damages in respect of the injury or damage
from a person who was served, but failed to comply with, the
notice within the time specified in the notice for compliance.
20 (8) The omission on the part of the Commissioner to give any
notice under subsection (2), or the failure on the part of the
Commissioner to exercise the power conferred by
subsection (5), does not make the Commissioner responsible or
liable in any way for an injury to a person or damage to property
25 that occurred as a result of a light confusing traffic on a road or
creating circumstances or conditions that adversely affected or
caused risk of danger to traffic on a road.
141. Closure of roads
(1) The Minister may cause a road to be closed for such period that
30 the Minister considers necessary if the Minister considers that
the road is unsafe for traffic.
(2) A local government may cause a road in its district to be closed
for such period that the local government considers necessary if
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the local government considers that the road is unsafe for traffic
but the road cannot be closed by the local government for more
than one month without with the Minister's written approval to
do so.
5 (3) A person must not drive, take, or use any vehicle on to or on a
road while it is closed under subsection (1) or (2).
Penalty: a fine of 50 PU.
142. Liability under other laws
Nothing in a road law takes away or diminishes any liability of
10 the driver of, an owner of, or a responsible person for, a vehicle
under any other enactment or at common law.
143. Regulations
(1) The Governor may make regulations prescribing any matter that
is required or permitted by this Act to be prescribed, or that is
15 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) 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
20 regulations may attach to a contravention.
(3) Without limiting subsection (1), regulations may --
(a) prescribe matters for or in respect of which fees may be
charged or charges may be made under this Act and
prescribing the amounts of such fees or charges; and
25 (b) require a statutory declaration to be made about a
matter.
(4) For the purposes of subsection (3)(a), a reference in the
Interpretation Act 1984 section 45(1)(f) and (2) to a reduction is
to be read as if it included a reference to a deferral.
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144. Minister's declarations to apply regulations to areas other
than roads etc.
(1) The Minister may declare that a regulation made under a road
law and specified in the declaration applies to a specified area of
5 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.
145. Minister's declarations that specified regulations do not
apply to specified persons or vehicles
10 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.
146. Regulations may refer to published documents
15 (1) Regulations made for the purposes of this Act may adopt the
text of any published document specified in the regulations --
(a) as that text exists at a particular date; or
(b) as that text may from time to time be amended.
(2) The text may be adopted --
20 (a) wholly or in part; or
(b) as modified by the regulations.
(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).
25 (4) The adoption of text is of no effect unless --
(a) the adopted text; and
(b) if text is adopted as it may be amended from time to
time, either --
(i) the amendments to the text; or
page 112
Road Traffic (Administration) Bill 2007
Miscellaneous Part 8
s. 146
(ii) the text as amended,
can at all reasonable times be inspected or purchased by the
public.
page 113
Road Traffic (Administration) Bill 2007
Part 9 Transitional and consequential provisions
Division 1 Transitional provisions arising from certain amendments made
by the Road Traffic (Consequential Provisions) Act 2007
s. 147
Part 9 -- Transitional and consequential provisions
Division 1 -- Transitional provisions arising from certain
amendments made by the Road Traffic (Consequential
Provisions) Act 2007
5 Subdivision 1 -- Transitional provisions arising from certain
amendments made to the Road Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
147. Terms used in this Subdivision
In this Subdivision --
10 "amending Act" means the Road Traffic (Consequential
Provisions) Act 2007;
"commencement day" means the day on which the Road
Traffic (Consequential Provisions) Act 2007 Part 2 comes
into operation;
15 "RT Act" means the Road Traffic Act 1974 as in force
immediately before commencement day.
148. Application of the Interpretation Act 1984
The provisions of this Division do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to
20 the repeals of provisions of the RT Act effected by the
amending Act.
149. Notices by which a person nominated as vehicle owner
A notice under the RT Act section 5(4) that was given to the
Director General before commencement day is, on and from
25 commencement day, to be taken to be a notice under
section 5(2).
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Road Traffic (Administration) Bill 2007
Transitional and consequential provisions Part 9
Transitional provisions arising from certain amendments made Division 1
by the Road Traffic (Consequential Provisions) Act 2007
s. 150
150. Notices as to corresponding laws about persons responsible
for a vehicle
A law declared to be a corresponding law for the purposes of
the RT Act section 5A(3) by a notice published under that
5 provision and in effect immediately before commencement day
is, on and from commencement day, to be taken to be a law
declared for the purposes of the definition in section 4 of
"corresponding", in relation to the law of another jurisdiction
and a law of this State.
10 151. Delegations and approvals
(1) A delegation of the Director General under the RT Act
section 6A that was in effect immediately before
commencement day is, on and from commencement day, to be
taken to be a delegation of the CEO under section 8.
15 (2) An approval of the Director General under the RT Act
section 6A(3) that was in effect immediately before
commencement day is, on and from commencement day, to be
taken to be an approval of the CEO under section 8(3).
152. Agreements as to Director General's functions
20 An agreement entered into by the Director General under the
RT Act section 6B that was in effect immediately before
commencement day is, on and from commencement day, to be
taken to be an agreement entered into by the CEO under
section 11.
25 153. Use of certain particulars
(1) Particulars supplied to the Commissioner of Police under the
RT Act section 8(2) before commencement day are, on and
from commencement day, to be taken to be particulars supplied
under section 12(2).
30 (2) Offence particulars supplied to the Director General under the
RT Act section 8(5) before commencement day are, on and
page 115
Road Traffic (Administration) Bill 2007
Part 9 Transitional and consequential provisions
Division 1 Transitional provisions arising from certain amendments made
by the Road Traffic (Consequential Provisions) Act 2007
s. 154
from commencement day, to be taken to be offence particulars
supplied under section 12(6).
154. Applications for grant or transfer of vehicle licences
An application under the RT Act section 17(4) made before
5 commencement day may, on and after commencement day, be
taken to be notice of the nomination of the applicant for the
purposes of section 5(2).
155. Notices and delegations as to temporary suspension of laws
(1) A notice published under the RT Act section 83(1)(b) that was
10 in effect immediately before commencement day is, on and
from commencement day, to be taken to be a notice published
under section 139(1)(b).
(2) A delegation of the Minister under the RT Act section 83(6) that
was in effect immediately before commencement day is, on and
15 from commencement day, to be taken to be a delegation of the
Minister under section 139(6).
156. Agreements as to expenses for repairing damage to roads
caused by heavy traffic
An agreement entered into under the RT Act section 85(2) that
20 was in effect immediately before commencement day is, on and
from commencement day, to be taken to be an agreement
entered into under section 132(4).
157. Unauthorised parking areas
A notice published under the RT Act section 86(1)(b) that was
25 in effect immediately before commencement day is, on and
from commencement day, to be taken to be an order mentioned
in the definition of "prescribed area" in section 47(1).
158. Confusing lights affecting traffic on roads
A notice under the RT Act section 87(2) that was in effect
30 immediately before commencement day is, on and from
page 116
Road Traffic (Administration) Bill 2007
Transitional and consequential provisions Part 9
Transitional provisions arising from certain amendments made Division 1
by the Road Traffic (Consequential Provisions) Act 2007
s. 159
commencement day, to be taken to be a notice under
section 140(2).
159. Closure of roads
(1) The closure of a road under the RT Act section 92(1) that was in
5 effect immediately before commencement day is, on and from
commencement day, to be taken to be a closure under
section 141(1).
(2) The closure of a road under the RT Act section 92(2) that was in
effect immediately before commencement day is, on and from
10 commencement day, to be taken to be a closure under
section 141(2).
160. Notices, certificates and delegations as to evidence about
measuring equipment
(1) A notice published under the RT Act section 98A(2) that was in
15 effect immediately before commencement day is, on and from
commencement day, to be taken to be a notice published under
section 117(2).
(2) A certificate given by the Commissioner of Police or the
Commissioner's delegate under the RT Act section 98A(4b) that
20 was in effect immediately before commencement day is, on and
from commencement day, to be taken to be a certificate of the
Commissioner of Police or the Commissioner's delegate, as is
applicable in the case, under section 117(8).
(3) A delegation of the Commissioner of Police under the RT Act
25 section 98A(6) that was in effect immediately before
commencement day is, on and from commencement day, to be
taken to be a delegation of the Commissioner of Police under
section 117(10).
page 117
Road Traffic (Administration) Bill 2007
Part 9 Transitional and consequential provisions
Division 1 Transitional provisions arising from certain amendments made
by the Road Traffic (Consequential Provisions) Act 2007
s. 161
161. Infringement notices
If, before commencement day --
(a) a traffic infringement notice as defined in the RT Act
section 5(1) had been served; and
5 (b) the notice had not been withdrawn; and
(c) payment of the whole or part of a penalty under the
notice had not been made,
on and from commencement day, the notice is to be taken to be
an infringement notice for the purposes of this Act.
10 162. Notices requesting information
(1) If, before commencement day --
(a) a notice had been served under the RT Act
section 102C(1) without enclosing photographic
evidence; and
15 (b) the notice had not been withdrawn; and
(c) the information mentioned in the RT Act
section 102C(2)(a) or (b) had not been supplied,
on and from commencement day, the notice is to be taken to be
a notice served under section 98 without enclosing photographic
20 evidence.
(2) If, before commencement day --
(a) a notice enclosing photographic evidence had been
served under the RT Act section 102C(1) or (2); and
(b) the notice had not been withdrawn; and
25 (c) the information or statutory declaration mentioned in the
RT Act section 102C(3)(a), (b) or (c) had not been
supplied,
on and from commencement day, the notice is to be taken to be
a notice enclosing photographic evidence served under
30 section 98 or 99, as is relevant to the case.
page 118
Road Traffic (Administration) Bill 2007
Transitional and consequential provisions Part 9
Amendments to regulations as a consequence of certain 2007 Division 2
enactments
s. 163
163. Minister's declarations to apply regulations to areas other
than roads etc.
A declaration made under the RT Act section 111AA that was
in effect immediately before commencement day is, on and
5 from commencement day, to be taken to be a declaration made
under section 144.
164. Transitional regulations
The regulations may contain provisions that are necessary or
convenient for dealing with matters concerning the transition
10 from the provisions of any written law applying before
commencement day to the provisions of this Act, including
regulations made under this Act, applying after commencement
day.
Subdivision 2 -- Transitional provisions arising from amendments
15 made to other written laws by the Road Traffic (Consequential
Provisions) Act 2007
165. Transitional regulations for laws other than road laws
The regulations may contain provisions that are necessary or
convenient for dealing with matters concerning the transition
20 from the provisions of an Act before it was amended by the
Road Traffic (Consequential Provisions) Act 2007 Part 3, to the
provisions of the first mentioned Act as amended by the Road
Traffic (Consequential Provisions) Act 2007 Part 3.
Division 2 -- Amendments to regulations as a consequence of
25 certain 2007 enactments
166. Power to make consequential amendments to regulations
under any Act
(1) The Governor, on the recommendation of the Minister to whom
the administration of this Act is committed ("the Minister"),
30 may make regulations amending subsidiary legislation made
under any Act.
page 119
Road Traffic (Administration) Bill 2007
Part 9 Transitional and consequential provisions
Division 2 Amendments to regulations as a consequence of certain 2007
enactments
s. 166
(2) The Minister may make a recommendation under subsection (1)
only if the Minister considers that each amendment proposed to
be made by the regulations is necessary or desirable as a
consequence of the enactment of this Act, the Road Traffic
5 (Authorisation to Drive) Act 2007, the Road Traffic (Vehicles)
Act 2007 or the Road Traffic (Consequential Provisions)
Act 2007.
(3) Nothing in this section prevents subsidiary legislation from
being amended in accordance with the Act under which it was
10 made.
page 120
Road Traffic (Administration) Bill 2007
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
administrative action .................................................................................. 18(1)
administrative authority.............................................................................. 18(1)
alleged offender ......................................................................................... 83(1)
amending Act............................................................................................... 147
Australian driver licence .................................................................................. 4
Australian driver licensing authority................................................................. 4
Australian police officer ................................................................................... 4
authorised person .................................................................47(1), 59(1), 117(1)
authorised to drive a vehicle ....................................................................... 29(3)
authorised to run the engine of a vehicle ..................................................... 29(3)
axle.................................................................................................................. 4
axle group........................................................................................................ 4
bodily harm...................................................................................................... 4
broken down .................................................................................................. 31
business address............................................................................................... 4
CEO ................................................................................................................ 4
certificate................................................................................................. 126(1)
co-driver ......................................................................................... 4, 28, 28, 38
commencement day...................................................................................... 147
Commissioner.......................................................................................... 140(1)
compensation order...................................................................................... 123
condition.......................................................................................................... 4
contractor................................................................................................. 135(6)
corresponding .................................................................................................. 4
corresponding authority.................................................................................... 4
demerit points register...................................................................................... 4
director ........................................................................................ 119(1), 137(1)
Disq................................................................................................................. 7
distance measuring equipment.................................................................. 117(1)
district ............................................................................................................. 4
drive ................................................................................................................ 4
driver....................................................................................................4, 28, 38
driver identity request ................................................................................ 35(1)
driver's licence ................................................................................................ 4
driver's licence document........................................................................... 36(3)
driver's licence register .................................................................................... 4
engaging in conduct ................................................................................. 119(1)
equipment........................................................................................................ 4
extract.............................................................................................................. 4
page 121
Road Traffic (Administration) Bill 2007
Defined Terms
fit to drive a vehicle or to run its engine...................................................... 29(2)
GCM ............................................................................................................... 4
Government road ..................................................................................... 132(1)
GVM ............................................................................................................... 4
heavy traffic............................................................................................. 132(1)
heavy vehicle ................................................................................................... 4
home address ................................................................................................... 4
incident...................................................................................................... 26(1)
incident particulars..................................................................................... 12(1)
infringement notice .......................................................................... 4, 14(1), 79
inspection station ............................................................................................. 4
involved person................................................................................................ 4
issuing authority............................................................................................. 21
journey documentation..................................................................................... 4
jurisdiction....................................................................................................... 4
learner's permit................................................................................................ 4
licence ....................................................................................................... 12(1)
licence holder...............................................................................................6(1)
licensed........................................................................................................6(1)
light ......................................................................................................... 140(1)
light vehicle ..................................................................................................... 4
load ................................................................................................................. 4
loadmeter................................................................................................. 113(1)
Max................................................................................................................. 7
MDLR compliance purposes .......................................................................4, 28
MDLR offence............................................................................................4, 28
Min.................................................................................................................. 7
Minister ................................................................................................... 117(1)
modified penalty ...................................................................................... 104(1)
motor vehicle................................................................................................... 4
number plate .............................................................................................. 36(3)
occupier........................................................................................................... 4
offence....................................................................................................... 81(1)
offence particulars...................................................................................... 12(1)
office holder ............................................................................................ 116(1)
order.......................................................................................................... 19(1)
owner .......................................................................................... 4, 5(1), 140(1)
passenger ......................................................................................................... 4
period for complying.................................................................................90, 97
permit ........................................................................................................ 12(1)
personal details .......................................................................................... 32(1)
photographic evidence.................................................................................... 90
power assisted pedal cycle................................................................................ 4
predominantly for residential purposes ....................................................... 51(2)
premises ...................................................................................... 4, 54(1), 55(1)
page 122
Road Traffic (Administration) Bill 2007
Defined Terms
prescribed area.................................................................................40(1), 47(1)
present offence............................................................................................. 107
PU ................................................................................................................... 7
public authority................................................................................................ 4
public place.................................................................................................... 28
public safety ...............................................................................................4, 28
qualified to drive a vehicle or to run its engine............................................ 29(1)
reasonable excuse ..................................................................56(5), 57(5), 58(6)
records............................................................................................................. 4
remote communication................................................................................... 62
residential purposes..........................................................................51(1), 51(1)
responsible person.................................................................................. 4, 34(1)
road ................................................................................................................. 4
road authority............................................................................................... 123
road infrastructure.....................................................................................4, 123
road law................................................................................................. 4, 17(2)
road transport................................................................................................... 4
RT Act......................................................................................................... 147
run................................................................................................................. 28
speed measuring equipment...................................................................... 117(1)
state of mind ............................................................................................ 119(1)
stop............................................................................................................ 39(1)
suitable location ......................................................................................... 40(1)
supply........................................................................................................ 12(1)
the Minister.............................................................................................. 166(1)
traffic............................................................................................................... 4
transport documentation ................................................................................... 4
unattended ................................................................................................. 30(1)
unloaded mass............................................................................................ 16(2)
use................................................................................................................... 4
vehicle ................................................................................... 4, 38, 52(1), 53(1)
vehicle licence ................................................................................................. 4
warden............................................................................................................. 4
warden's function .......................................................................................... 21
warrant .......................................................................................................... 62
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