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


ROAD TRAFFIC (AUTHORISATION TO DRIVE) BILL 2007

                       Western Australia



Road Traffic (Authorisation to Drive) Bill 2007

                          CONTENTS


         Part 1 -- Preliminary
   1.    Short title                                             2
   2.    Commencement                                            2
   3.    Terms used in this Act                                  2
         Part 2 -- Authorisation to drive
         Division 1 -- Driver licensing
   4.    Regulations for driver licensing scheme                 4
   5.    CEO's licensing functions                               6
   6.    Certain licences authorise learner driving              6
   7.    Dishonestly obtained driver's licence                   7
   8.    Driver's licence not to be granted in certain
         circumstances                                           7
   9.    Additional matters to do with identity                  8
         Division 2 -- Learner's permit
   10.   Learner's permit                                        9
         Division 3 -- Other matters about driver
               authorisations
   11.   Authorisation to drive without a driver's licence      10
   12.   Driving while undergoing driving test                  10
   13.   Recognition of authorisation of another jurisdiction   11
   14.   Things in other jurisdictions may affect
         authorisation to drive in WA                           11
   15.   External territories and other countries               12




                            249--2                               page i
Road Traffic (Authorisation to Drive) Bill 2007



Contents



               Part 3 -- Loss of authorisation to
                    drive
               Division 1 -- Provisional licences
      16.      Cancellation of provisional licence                 13
      17.      Suspension of provisional licence                   14
      18.      Disqualification from holding provisional licence   14
               Division 2 -- Disqualification
      19.      Terms used in this Division                         15
      20.      Notification of disqualification                    16
      21.      Effect of disqualification: suspension              16
      22.      Effect of disqualification: cancellation            17
      23.      Licence obtained by disqualified person of no
               effect                                              17
      24.      Removal of disqualification                         17
               Division 3 -- Extraordinary licences
      25.      Terms used in this Division                         19
      26.      Inconsistency with Part 2                           20
      27.      Application for extraordinary licence               20
      28.      When an application can be made                     21
      29.      Court to which an application can be made           22
      30.      Matters for consideration of court                  23
      31.      When further application can be made                24
      32.      Conditions                                          24
      33.      Duties of CEO                                       25
      34.      Disqualification ends: effect on extraordinary
               licence                                             25
      35.      Application to vary or cancel conditions of, or
               cancel, extraordinary licences                      25
      36.      How applications to be made                         27
      37.      Costs of applications                               27
      38.      Extraordinary licences to be complied with          27
      39.      Representation in proceedings under this Division   28
               Part 4 -- Demerit points
               Division 1 -- Preliminary
      40.      Terms used in this Part                             29
      41.      Demerit point offences in WA                        31
      42.      National demerit point offence schedule             32
      43.      Demerit point registry jurisdiction                 32

page ii
                     Road Traffic (Authorisation to Drive) Bill 2007



                                                            Contents



      Division 2 -- Incurring demerit points
44.   Demerit point action after conviction                   33
45.   Demerit point action after infringement notice          34
46.   No demerit point action against body corporate          35
47.   What demerit point action is to be taken                35
      Division 3 -- Consequences of demerit points
48.   Expiry of demerit points                                36
49.   Excessive demerit points notice                         36
50.   Excessive demerit points (novice drivers) notice        37
51.   Making a section 51 election                            38
52.   Double disqualification after section 51 election       39
53.   Permanent disqualification ends section 51 election
      period                                                  41
54.   Cumulative effect of demerit points
      disqualification                                        42
55.   Certain disqualifications after demerit points
      disqualification or section 51 election                 43
      Division 4 -- Administrative and other
             provisions
56.   Demerit points register                                 43
57.   Obtaining Australian driver licence elsewhere           46
58.   Holder of licence in another jurisdiction applying      46
59.   How certain notices are to be given                     47
60.   Regulations adapting to schemes of other
      jurisdictions                                           47
      Part 5 -- Miscellaneous
61.   Regulations                                             49
62.   Minister's declarations that specified regulations
      do not apply to specified persons                       50
63.   Regulations may refer to published documents            50
      Part 6 -- Transitional provisions
      Division 1 -- Transitional provisions arising
            from certain amendments made to the
            Road Traffic Act 1974 by the Road Traffic
            (Consequential Provisions) Act 2007
64.   Terms used in this Division                             51
65.   Application of the Interpretation Act 1984              51
66.   Learner's permits                                       51

                                                             page iii
Road Traffic (Authorisation to Drive) Bill 2007



Contents



      67.      Extraordinary licences             51
      68.      Removal of disqualification        52
      69.      Demerit points                     52
      70.      Transitional regulations           53
               Defined Terms




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)



 Road Traffic (Authorisation to Drive) Bill 2007


                               A Bill for


An Act to make provision for the authorisation of persons to drive
motor vehicles and related matters.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Road Traffic (Authorisation to Drive) Act 2007.

     2.         Commencement
 5              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 the day fixed under the Road
                       Traffic (Administration) Act 2007 section 2(b).

10   3.         Terms used in this Act
          (1)   In this Act --
                "Australian driver licence" means --
                     (a) a driver's licence; or
                     (b) a licence or other authorisation granted to a person
15                         under the law of another jurisdiction authorising the
                           person to drive a motor vehicle on a road other than
                           solely for the purpose of learning to drive it;
                "Australian driver licensing authority" means a person or
                     body having the authority to grant an Australian driver
20                   licence;
                "driver's licence" means a licence under this Act authorising
                     the holder to drive a motor vehicle on a road, but does not
                     include a learner's permit;
                "external licensing authority" means an authority of --
25                   (a) an external Territory, as defined in the Acts
                           Interpretation Act 1901 of the Commonwealth; or
                     (b) another country,
                     by which any licence or authorisation to drive a motor
                     vehicle is granted;


     page 2
                               Road Traffic (Authorisation to Drive) Bill 2007
                                                 Preliminary            Part 1

                                                                          s. 3



           "extraordinary licence" means a driver's licence that the CEO
               grants as ordered on an application under section 27;
           "grant" includes to grant by way of renewal under the
               regulations;
 5         "learner's permit" means a learner's permit under Part 2
               Division 2;
           "provisional licence" means an Australian driver licence that
               specifies that it is a provisional licence for the purposes of
               this Act or the law of another jurisdiction under which the
10             licence is granted.
     (2)   The Road Traffic (Administration) Act 2007 Part 1 Division 2
           provides for the meanings of some terms and abbreviations in
           this Act.




                                                                       page 3
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 2          Authorisation to drive
     Division 1      Driver licensing
     s. 4



                        Part 2 -- Authorisation to drive
                           Division 1 -- Driver licensing
     4.         Regulations for driver licensing scheme
          (1)   The regulations are, together with this Part, to provide for a
 5              driver licensing scheme under which --
                  (a)   the CEO --
                           (i) grants people licences to drive motor vehicles on
                               roads; and
                          (ii) keeps a driver's licence register to record
10                             information about drivers' licences under
                               this Act;
                        and
                 (b)    the identification of people driving motor vehicles under
                        the authority of those licences is facilitated.
15        (2)   The particular purposes for which this Part provides that
                regulations are to be, or may be, made do not prevent anything
                in section 61 from applying to the making of regulations for the
                purposes of this Part.
          (3)   The regulations may --
20               (a) classify the different kinds of authorisation to drive that
                       may be conferred by a driver's licence and provide for a
                       licence to be designated according to the class or classes
                       of authorisation that the licence confers on the holder;
                       and
25               (b) grade each class of authorisation to drive according to
                       the driving skills and other requirements to be met
                       before a person can hold a driver's licence conferring
                       authorisation of that class; and
                 (c) prescribe different endorsements of drivers' licences that
30                     can be made, and the effect of each endorsement; and



     page 4
                              Road Traffic (Authorisation to Drive) Bill 2007
                                       Authorisation to drive          Part 2
                                             Driver licensing     Division   1
                                                                          s. 4



            (d)   provide for schemes for assessing the competency of
                  people to hold drivers' licences; and
            (e)   prescribe requirements for the holding of a licence under
                  this Part authorising the holder to drive when learning
 5                that may differ from the requirements for the holding of
                  a driver's licence appropriate for that driving when not
                  learning.
     (4)   The regulations may --
            (a) provide for the manner and form in which an application
10                may be made for the grant or variation of a driver's
                  licence; and
            (b) require an applicant for the grant or variation of a
                  driver's licence to produce information relevant to the
                  application.
15   (5)   The regulations may --
            (a) provide for the grant of a driver's licence and include
                  provisions about refusal to grant a driver's licence; and
            (b) impose, or provide for the imposition of, conditions on a
                  driver's licence, and the consequences of failing to
20                comply with conditions including the creation of
                  offences involving failure to comply with conditions;
                  and
            (c) provide for the granting of a driver's licence as a
                  provisional licence for the purposes of this Act; and
25          (d) fix the period for which a driver's licence remains in
                  force; and
            (e) include provisions about the disqualification of a person
                  from holding or obtaining a driver's licence and the
                  surrender, cancellation, variation or suspension of a
30                driver's licence; and
             (f) provide for the issue of a driver's licence document to a
                  person who has a driver's licence; and



                                                                       page 5
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 2          Authorisation to drive
     Division 1      Driver licensing
     s. 5



                 (g)    provide for --
                          (i) what is to be authorised by a licence that, before
                                an amendment to the regulations, operated by
                                reference to a vehicle classification that no
 5                              longer exists; and
                         (ii) an expedited means for the licence holder to
                                obtain a licence authorising anything that was
                                formerly authorised by the licence but, because
                                of the amendment, has ceased to be authorised;
10                      and
                 (h)    prescribe circumstances in which a driver's licence
                        document has to be returned to the CEO and prescribe
                        how it is to be returned; and
                  (i)   create offences involving the alteration, destruction, or
15                      misuse of a driver's licence document.
          (6)   The regulations may relieve any driver described in the
                regulations from the requirement to comply with this Part, or a
                specified provision of this Part or the regulations.

     5.         CEO's licensing functions
20              It is a function of the CEO to administer the driver licensing
                scheme under this Part.

     6.         Certain licences authorise learner driving
          (1)   The holder of an Australian driver licence may drive a vehicle
                on a road even though --
25                (a) that licence is not sufficient authorisation to do so; and
                 (b) the person does not hold a learner's permit authorising
                        the person to do so,
                if the regulations specify a licence of that description as
                authorising that driving to the same extent as if the person held
30              the appropriate learner's permit.



     page 6
                                    Road Traffic (Authorisation to Drive) Bill 2007
                                             Authorisation to drive          Part 2
                                                   Driver licensing     Division   1
                                                                                s. 7



          (2)   This Act applies in respect of a person driving as authorised by
                this section as if the person held a learner's permit authorising
                that driving.

     7.         Dishonestly obtained driver's licence
 5        (1)   If a person commits an offence under the Road Traffic
                (Administration) Act 2007 section 36(1) for the purpose of
                obtaining the grant or variation of a driver's licence, the driver's
                licence is void from the time when the offence is committed.
          (2)   A person must not, without lawful authority or excuse, possess a
10              driver's licence document for a licence that is void because of
                subsection (1).
                Penalty: a fine of 32 PU.

     8.         Driver's licence not to be granted in certain circumstances
          (1)   Except as allowed by subsection (2) or in a case described in
15              subsection (3), the CEO cannot grant a driver's licence to a
                person unless --
                  (a) the CEO --
                          (i) is satisfied that the person usually resides in this
                                State; or
20                       (ii) is satisfied that the person does not usually reside
                                in any other jurisdiction and does not hold, and
                                has never held, an Australian driver licence
                                granted under the law of another jurisdiction;
                       and
25                (b) if the person has held --
                          (i) any Australian driver licence; or
                         (ii) any licence or authorisation to drive a motor
                                vehicle granted to the person by an external
                                licensing authority,
30                     the person has ceased to hold the licence or
                       authorisation and has notified the CEO, in a form
                       approved by the CEO, of that fact.

                                                                             page 7
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 2          Authorisation to drive
     Division 1      Driver licensing
     s. 9



          (2)   Despite subsection (1), the CEO may, in circumstances
                prescribed in the regulations, grant a driver's licence to a person
                who still holds a licence or authorisation to drive a motor
                vehicle granted to the person by an external licensing authority.
 5        (3)   This section does not prevent the CEO from granting an
                extraordinary licence to a person --
                  (a) even though the person may not usually reside in this
                        State, and whether or not the person usually resides in
                        any other jurisdiction; and
10                (b) even though the person may have a licence or
                        authorisation referred to in subsection (1)(b).
          (4)   This section does not limit the circumstances in which the CEO
                may refuse to grant a driver's licence.

     9.         Additional matters to do with identity
15        (1)   In this section --
                "destroyed" includes damaged so as to be unusable;
                "photograph" includes a negative or an image stored
                    electronically.
          (2)   The CEO cannot grant a driver's licence until the applicant has
20              provided, in support of the application, any evidence required
                by the regulations to establish the applicant's identity and
                residential address in this State.
          (3)   Except as prescribed in the regulations, the CEO cannot grant a
                driver's licence unless the applicant has, at the time of the
25              application or before, provided the CEO with --
                  (a) a photograph taken within 10 years of the application;
                        and
                  (b) a signature made within 10 years of the application,
                for use on the driver's licence document.
30        (4)   The photograph and signature are to be provided in a manner
                and form approved by the CEO.

     page 8
                                      Road Traffic (Authorisation to Drive) Bill 2007
                                               Authorisation to drive          Part 2
                                                    Learner's permit      Division   2
                                                                                 s. 10



           (5)   The CEO is to ensure that any photograph or signature provided
                 under this section is destroyed if it, or a copy of it, has not been
                 used on a driver's licence document for a driver's licence
                 granted in the preceding 10 years.
 5         (6)   A person who, other than for the purposes of this Part, possesses
                 a photograph or signature provided under this section that is not
                 on a driver's licence document commits an offence.
                 Penalty: imprisonment for 2 years.
           (7)   A person employed or engaged in connection with any aspect of
10               the production of driver's licence documents or otherwise
                 concerned in the administration of this Part, who, otherwise than
                 in the administration of this Part --
                   (a) reproduces, by any means, a photograph or signature
                         that appears, or is to appear, on a driver's licence
15                       document; or
                   (b) causes or permits another person to do so,
                 commits an offence.
                 Penalty: imprisonment for 2 years.

                           Division 2 -- Learner's permit
20   10.         Learner's permit
           (1)   The CEO may issue to a person a learner's permit authorising
                 the person to drive a motor vehicle on a road solely for the
                 purpose of learning to drive it.
           (2)   The permit does not authorise driving except in the course of
25               driving instruction by --
                   (a) the holder of a licence issued under the Motor Vehicle
                         Drivers Instructors Act 1963; or
                   (b) anyone else prescribed in the regulations.




                                                                               page 9
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 2          Authorisation to drive
     Division 3      Other matters about driver authorisations
     s. 11



           (3)   The permit must either set out in full or sufficiently identify any
                 condition to which it is subject other than a condition imposed
                 by this section or by the regulations.
           (4)   The permit expires at the end of a period of 3 years after the day
 5               on which it is issued unless it has terminated before then, and
                 the CEO may cancel it at any time by notice in writing given to
                 the permit holder.
           (5)   Regulations may be made about learners' permits and, without
                 limiting what else may be dealt with in the regulations, they
10               may fix the minimum age below which, unless the CEO is
                 satisfied that denial of the permit would occasion undue
                 hardship or inconvenience, a person cannot be issued with a
                 learner's permit.

            Division 3 -- Other matters about driver authorisations
15   11.         Authorisation to drive without a driver's licence
           (1)   The regulations may provide that a motor vehicle of a class or
                 kind prescribed in the regulations may, either generally or in
                 prescribed circumstances, be driven on roads without the driver
                 holding a driver's licence.
20         (2)   The regulations may provide for the CEO to permit a person to
                 drive without holding a driver's licence of a kind that would
                 otherwise be required to authorise that driving, and may provide
                 for the CEO to make the permission subject to conditions.

     12.         Driving while undergoing driving test
25               If the CEO causes a person applying for a driver's licence or an
                 extension of the authority given by a driver's licence to undergo
                 a driving test for the purposes of demonstrating the applicant's
                 ability to drive, the applicant is authorised to drive in the course
                 of the driving test as if the applicant were at that time the holder
30               of the appropriate driver's licence.



     page 10
                                    Road Traffic (Authorisation to Drive) Bill 2007
                                               Authorisation to drive        Part 2
                            Other matters about driver authorisations   Division   3
                                                                               s. 13



     13.         Recognition of authorisation of another jurisdiction
           (1)   In this section --
                 "another jurisdiction's driving authorisation" means a
                      licence or other authorisation granted to a person under the
 5                    law of another jurisdiction authorising the person to drive a
                      motor vehicle on a road whether or not solely for the
                      purpose of learning to drive it.
           (2)   The regulations are to provide for the CEO to recognise --
                  (a) another jurisdiction's driving authorisation; and
10                (b) any condition to which that authorisation is expressed to
                        be subject other than a condition --
                          (i) that cannot apply in this State; or
                         (ii) that the regulations specify as not needing to be
                               recognised,
15               and are to specify the effects of that recognition for the purposes
                 of this Act.
           (3)   The recognition of another jurisdiction's driving authorisation
                 cannot, at a particular time, authorise its holder to drive in this
                 State to any greater extent than the recognised authorisation
20               would, at that time, authorise the holder to drive in the other
                 jurisdiction.
           (4)   Subsection (3) does not prevent the holder of another
                 jurisdiction's driving authorisation from being authorised to
                 drive in this State to a greater extent than the recognised
25               authorisation would authorise the holder to drive in the other
                 jurisdiction because of a condition described in
                 subsection (2)(b)(i) or (ii).

     14.         Things in other jurisdictions may affect authorisation to
                 drive in WA
30         (1)   In this section --
                 "driver licence" means any licence or authorisation that is an
                     Australian driver licence.

                                                                              page 11
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 2          Authorisation to drive
     Division 3      Other matters about driver authorisations
     s. 15



           (2)   The regulations may provide for the recognition of --
                  (a) an offence under the law of another jurisdiction or any
                        other matter relevant for the purposes of a driver
                        licensing scheme under the law of another jurisdiction;
 5                      and
                  (b) a disqualification from holding or obtaining a driver
                        licence, a restriction on the driver licence that may be
                        held or obtained, or the suspension of a driver licence,
                        imposed under the law of another jurisdiction; and
10                (c) anything under the law of another jurisdiction
                        corresponding to an excessive demerit points notice
                        under section 49 or an election under section 51,
                 and, if they do, are to specify the effects of that recognition for
                 the purposes of this Act.

15   15.         External territories and other countries
           (1)   In this section --
                 "foreign law" means the law of an external territory, as defined
                      in the Acts Interpretation Act 1901 of the Commonwealth,
                      or the law of another country.
20         (2)   The regulations may provide for the CEO to recognise --
                  (a) any authorisation or status that a person has under a
                        foreign law about driving; and
                  (b) any offence that a person has committed against any
                        foreign law about driving,
25               and, if they do, are to specify the effects of that recognition for
                 the purposes of this Act.




     page 12
                                      Road Traffic (Authorisation to Drive) Bill 2007
                                        Loss of authorisation to drive         Part 3
                                                 Provisional licences     Division   1
                                                                                 s. 16



                  Part 3 -- Loss of authorisation to drive
                          Division 1 -- Provisional licences
     16.         Cancellation of provisional licence
           (1)   If the holder of a driver's licence that is a provisional licence --
 5                 (a) is convicted of an offence --
                           (i)    mentioned in The Criminal Code section 277 and
                                  the offence arose out of the driving by him or her
                                  of a motor vehicle; or
                          (ii)    under The Criminal Code section 378 where the
10                                property in question was a motor vehicle; or
                          (iii)   under the Road Traffic (Administration) Act 2007
                                  section 32(4) or 36, or 44 in respect of a
                                  direction under section 39 of that Act; or
                          (iv)    under the Road Traffic Act 1974 section 54, 55,
15                                56, 61, 62, 62A, 64AA, 64AC or 90; or
                          (v)     under a regulation made under a road law that
                                  may be prescribed for the purposes of this
                                  section;
                         or
20                (b)    is disqualified by a court under this or any other written
                         law (other than the Fines, Penalties and Infringement
                         Notices Enforcement Act 1994), from holding or
                         obtaining a driver's licence,
                 the provisional licence is, by operation of this subsection,
25               cancelled.
           (2)   A person whose driver's licence is cancelled by operation of
                 subsection (1) is disqualified from holding or obtaining a
                 driver's licence for whichever of the following periods that
                 terminates later --
30                 (a) the period for which the person is disqualified by the
                         court;

                                                                             page 13
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 3          Loss of authorisation to drive
     Division 1      Provisional licences
     s. 17



                  (b)    a period of 3 months from the date of the person's
                         conviction or, where the person is convicted on more
                         than one occasion of an offence mentioned in
                         subsection (1), from the date of the latest conviction.
 5         (3)   If the holder of a driver's licence that is a provisional licence is
                 disqualified under Part 4 from holding or obtaining a driver's
                 licence, the provisional licence is, by operation of this
                 subsection, cancelled.
           (4)   Regulations made for the purpose of subsection (1)(a)(v) may
10               limit the application of that subsection to offences under the
                 regulations mentioned in that subparagraph that are committed
                 in prescribed circumstances.

     17.         Suspension of provisional licence
           (1)   If the holder of a driver's licence that is a provisional licence is
15               disqualified from holding or obtaining a driver's licence by a
                 licence suspension order made under the Fines, Penalties and
                 Infringement Notices Enforcement Act 1994, the provisional
                 licence is, by operation of this subsection, suspended so long as
                 the disqualification continues in force.
20         (2)   During the period of its suspension under subsection (1) a
                 provisional licence is of no effect, but the provisions of this
                 section do not operate so as to extend the period for which the
                 licence may be valid or effective beyond the time when the
                 licence would be due to expire.

25   18.         Disqualification from holding provisional licence
           (1)   In this section --
                 "unlicensed person" means a person --
                      (a) who does not hold a driver's licence; and
                      (b) in respect of whom the regulations would require that
30                           if a driver's licence were to be granted to the person,
                             the licence would be a provisional licence.


     page 14
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                       Loss of authorisation to drive         Part 3
                                                    Disqualification     Division   2
                                                                                s. 19



           (2)   An unlicensed person is disqualified from holding or obtaining a
                 driver's licence if the person is --
                   (a) convicted of an offence mentioned in section 16(1); or
                   (b) convicted of an offence under the Road Traffic Act 1974
 5                       section 49(1)(a); or
                   (c) disqualified by a court from holding or obtaining a
                         driver's licence.
           (3)   The period for which a person mentioned in subsection (2) is
                 disqualified from holding or obtaining a driver's licence is
10               whichever of the following periods that terminates later --
                   (a) the period for which the person is disqualified by the
                         court;
                   (b) a period of 3 months from the date of the person's
                         conviction or, where the person is convicted on more
15                       than one occasion of an offence mentioned in
                         section 16(1), from the date of the latest conviction.

                           Division 2 -- Disqualification
     19.         Terms used in this Division
                 In this Division --
20               "driver's licence held by a person" --
                      (a) does not include a provisional licence held by a
                            person; but
                      (b) includes an extraordinary licence and any other
                            driver's licence held by the person whether or not the
25                          licence is already suspended;
                 "prescribed offence" means an offence under the Road Traffic
                      Act 1974 section 63, 64, 64AB, 67 or 67AA;
                 "RTA s. 64" means the Road Traffic Act 1974 section 64.




                                                                            page 15
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 3          Loss of authorisation to drive
     Division 2      Disqualification
     s. 20



     20.         Notification of disqualification
           (1)   If a person is convicted before a court of an offence under this
                 or any other written law and is disqualified by the court from
                 holding or obtaining a driver's licence the court must cause
 5               particulars of the conviction and of the order made by the court
                 to be sent to the CEO.
           (2)   If an offence to which subsection (1) applies (the "present
                 offence") is a prescribed offence the court, in addition to
                 causing the particulars required by that subsection to be sent,
10               must cause the CEO to be informed --
                   (a) as to whether or not the offender has previously been
                         convicted of a prescribed offence; and
                   (b) if the person has been so convicted and the present
                         offence is under RTA s. 64, as to the date of the person's
15                       most recent previous conviction for a prescribed
                         offence.

     21.         Effect of disqualification: suspension
                 If a person is disqualified from holding or obtaining a driver's
                 licence --
20                  (a) by order of a court other than upon being convicted of a
                          prescribed offence; or
                   (b) by order of a court upon being convicted of a prescribed
                          offence, other than an offence under RTA s. 64, and the
                          person has not previously been convicted of a prescribed
25                        offence; or
                    (c) by order of a court upon being convicted of an offence
                          under RTA s. 64 (the "present offence") and the person
                          has not been convicted of a prescribed offence within
                          the period of 5 years preceding the person's conviction
30                        for the present offence; or
                   (d) by operation of a road law; or



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                                       Loss of authorisation to drive         Part 3
                                                    Disqualification     Division   2
                                                                                s. 22



                   (e)   by a licence suspension order made under the Fines,
                         Penalties and Infringement Notices Enforcement
                         Act 1994,
                 any driver's licence or learner's permit held by that person is
 5               suspended, by force of this section, so long as the
                 disqualification continues in force and during the period of
                 suspension is of no effect, but the provisions of this section do
                 not operate to extend the period for which the licence may be
                 valid or effective beyond the time when it would be due to
10               expire.

     22.         Effect of disqualification: cancellation
           (1)   If a person is disqualified from holding or obtaining a driver's
                 licence upon being convicted of a prescribed offence, other than
                 an offence under RTA s. 64, and the person has previously been
15               convicted of a prescribed offence any driver's licence or
                 learner's permit held by that person is cancelled by force of this
                 section.
           (2)   If a person is disqualified from holding or obtaining a driver's
                 licence upon being convicted of an offence under RTA s. 64
20               (the "present offence") and the person has been convicted of a
                 prescribed offence within the period of 5 years preceding the
                 person's conviction for the present offence any driver's licence
                 or learner's permit held by that person is cancelled by force of
                 this section.

25   23.         Licence obtained by disqualified person of no effect
                 A driver's licence, other than an extraordinary licence, or a
                 learner's permit obtained by a person who is disqualified from
                 holding or obtaining a driver's licence is of no effect.

     24.         Removal of disqualification
30         (1)   If under this or any other written law a person is disqualified by
                 a court from holding or obtaining a driver's licence for a period


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     Road Traffic (Authorisation to Drive) Bill 2007
     Part 3          Loss of authorisation to drive
     Division 2      Disqualification
     s. 24



               exceeding 3 years, that person may apply to a court for an order
               removing the disqualification.
        (2)    An application under subsection (1) is to be made --
                (a) if the disqualification was imposed by the Supreme
 5                    Court, to the Supreme Court; or
                (b) in any other case, to the District Court.
        (3)    No application may be made under subsection (1) for the
               removal of a disqualification before the expiration of whichever
               is relevant of the following periods from the date on which the
10             disqualification took effect, that is to say --
                  (a) if the disqualification is for not more than 6 years:
                       3 years;
                 (b) if the disqualification is for more than 6 years but not
                       more than 20 years: one-half of the period of the
15                     disqualification;
                  (c) if the disqualification is for more than 20 years:
                       10 years.
        (4)    For the purposes of subsection (3) the permanent
               disqualification of a person from holding or obtaining a driver's
20             licence is to be regarded as a disqualification for more than
               20 years.
        (5)    The court may if it thinks proper having regard to --
                (a)   the safety of the public generally; and
                (b)   the character of the applicant; and
25              (c)   the circumstances of the case; and
                (d)   the nature of the offence or offences giving rise to the
                      disqualification; and
                (e)   the conduct of the applicant subsequent to the
                      disqualification,
30             either make an order removing the disqualification from the day
               specified in the order or refuse the application.


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                                             Extraordinary licences      Division   3
                                                                                s. 25



           (6)   If an application under subsection (1) is refused no further
                 application under that subsection may be heard if it is made
                 within one year after the date of the refusal.
           (7)   If under this section a court orders a disqualification to be
 5               removed, the court is to cause particulars of the order to be sent
                 to the CEO.
           (8)   An application under this section is to be made in accordance
                 with the rules of the court to which it is made.
           (9)   The court may order the applicant to pay the whole or any part
10               of the costs of an application under this section.
      (10)       Nothing in this section is to be construed as limiting or
                 otherwise affecting any right that a person may have to appeal
                 against an order or judgment of a court disqualifying the person
                 from holding or obtaining a driver's licence.
15    (11)       The CEO has a right to be heard in proceedings under this
                 section and may be represented by any person the CEO
                 authorises for that purpose.

                        Division 3 -- Extraordinary licences
     25.         Terms used in this Division
20               In this Division --
                 "application", except in sections 35, 36 and 37, means an
                      application under section 27;
                 "special application" means an application made --
                      (a) within 2 months after the applicant has been
25                          disqualified under the Road Traffic Act 1974
                            section 63(2)(a), 64AB(2)(a), 67(3)(a) or 67AA(3)(a)
                            from holding or obtaining a driver's licence; or
                      (b) within one month after the applicant has been
                            disqualified under the Road Traffic Act 1974
30                          section 64(2)(a) or 67A(3)(a) from holding or
                            obtaining a driver's licence.

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     Road Traffic (Authorisation to Drive) Bill 2007
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     Division 3      Extraordinary licences
     s. 26



     26.         Inconsistency with Part 2
                 To the extent that anything in this Division may be inconsistent
                 with anything in Part 2 or regulations made for the purposes of
                 that Part, this Division prevails.

 5   27.         Application for extraordinary licence
           (1)   A person who is disqualified under this or any other written law
                 from holding or obtaining a driver's licence may apply to a
                 court for an order directing the CEO to grant to the person an
                 extraordinary licence.
10         (2)   For the purposes of subsection (1), being prevented under --
                   (a) section 8; or
                  (b) regulations made for the purposes of section 14,
                 from being granted a driver's licence does not amount to being
                 disqualified under this or any other written law from holding or
15               obtaining a driver's licence.
           (3)   An extraordinary licence cannot authorise a person to drive at
                 any time while the person is disqualified from holding or
                 obtaining a driver's licence --
                   (a) under Part 4; or
20                 (b) because of a licence suspension order under the Fines,
                         Penalties and Infringement Notices Enforcement
                         Act 1994,
                 and an application cannot be made, received or heard while the
                 person is disqualified as described in paragraph (a) or (b).
25         (4)   In the case of a licence suspension order, subsection (3) has
                 effect whether or not the disqualification under the order is
                 concurrent with any other disqualification from holding or
                 obtaining a driver's licence.




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                                    Road Traffic (Authorisation to Drive) Bill 2007
                                      Loss of authorisation to drive         Part 3
                                            Extraordinary licences      Division   3
                                                                               s. 28



     28.         When an application can be made
           (1)   In this section --
                 "disqualified" means disqualified from holding or obtaining a
                      driver's licence.
 5         (2)   An application cannot be made to, or heard by, any court --
                  (a) within 4 months after the applicant has been disqualified
                        under the Road Traffic Act 1974 section 63(2)(b) or (c),
                        64AB(2)(b) or (c), 67(3)(b) or (c) or 67AA(3)(b) or (c);
                        or
10                (b) within 3 months after the applicant has been disqualified
                        under the Road Traffic Act 1974 section 63(2)(a),
                        64AB(2)(a), 67(3)(a) or 67AA(3)(a) where the applicant
                        has previously been convicted of an offence under the
                        Road Traffic Act 1974 section 64 or 67A; or
15                (c) within 3 months after the applicant has been disqualified
                        under the Road Traffic Act 1974 section 64(2)(b) on
                        conviction of an offence that is a third or subsequent
                        offence for the purposes of the Road Traffic Act 1974
                        section 64(2); or
20                (d) within 3 months after the applicant has been disqualified
                        under the Road Traffic Act 1974 section 67A(3)(b) on
                        conviction of an offence that is a third or subsequent
                        offence for the purposes of the Road Traffic Act 1974
                        section 67A(3); or
25                (e) within 2 months after the applicant has been disqualified
                        under the Road Traffic Act 1974 section 64(2)(b) on
                        conviction of an offence that is a second offence for the
                        purposes of the Road Traffic Act 1974 section 64(2); or
                   (f) within 2 months after the applicant has been disqualified
30                      under the Road Traffic Act 1974 section 64(2)(b) where
                        the applicant has previously been convicted of an
                        offence under the Road Traffic Act 1974 section 67A; or
                  (g) within 2 months after the applicant has been disqualified
                        under the Road Traffic Act 1974 section 67A(3)(b) on

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     Road Traffic (Authorisation to Drive) Bill 2007
     Part 3          Loss of authorisation to drive
     Division 3      Extraordinary licences
     s. 29



                        conviction of an offence that is a second offence for the
                        purposes of the Road Traffic Act 1974 section 67A(3);
                        or
                  (h)   within 21 days after the applicant has been disqualified
 5                      in any case not referred to in paragraph (a), (b), (c), (d),
                        (e), (f) or (g).
           (3)   Nothing in the definition of "special application" in section 25
                 is to be construed as enabling an application to be made or
                 heard at a time when the making or hearing of the application is
10               prohibited by subsection (2).
           (4)   For the purposes of this section and the definition of "special
                 application" in section 25 any period during which the applicant
                 was imprisoned is not to be taken into account in determining
                 whether a period of time has elapsed.

15   29.         Court to which an application can be made
           (1)   In the case of a disqualification imposed by the Supreme Court
                 or the District Court an application is to be made to the court by
                 which the disqualification was imposed.
           (2)   In the case of a disqualification imposed by a court of summary
20               jurisdiction, or a disqualification that takes effect by the
                 operation of a provision of a road law, an application is to be
                 made to the Magistrates Court or, in the case of a person under
                 18 years of age, the Children's Court.
           (3)   A special application is to be made to the District Court, the
25               Magistrates Court or, in the case of a person under 18 years of
                 age, the Children's Court.
           (4)   An application that is made to the Magistrates Court or the
                 Children's Court is to be heard by the court constituted by a
                 magistrate.




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                                     Road Traffic (Authorisation to Drive) Bill 2007
                                       Loss of authorisation to drive         Part 3
                                             Extraordinary licences      Division   3
                                                                                s. 30



     30.         Matters for consideration of court
           (1)   A court may --
                  (a) make an order directing the CEO, on payment of the
                        prescribed fee, to grant to the applicant an extraordinary
 5                      licence for a period not exceeding 12 months from the
                        date on which it is granted as the court thinks fit; or
                  (b) refuse the application.
           (2)   In making a decision for the purposes of subsection (1), the
                 court is to have regard to --
10                 (a) the safety of the public generally; and
                   (b) the character of the applicant; and
                   (c) the circumstances of the case; and
                   (d) the nature of the offence or offences giving rise to the
                         disqualification; and
15                 (e) the conduct of the applicant subsequent to the
                         disqualification; and
                    (f) the degree of hardship and inconvenience which would
                         otherwise result to the applicant and his or her family, if
                         it refrains from making the order.
20         (3)   Despite subsections (1) and (2), if the Magistrates Court or the
                 Children's Court hears a special application the court must not
                 make an order directing the grant of an extraordinary licence
                 unless it is satisfied that the application is attended by
                 circumstances of extreme hardship, but nothing in this
25               subsection authorises or requires the court to make such an
                 order if, having regard to any of the matters mentioned in
                 subsection (2)(a), (b), (c), (d) or (e), it considers that the
                 application should be refused.
           (4)   For the purposes of subsection (3) an application is attended by
30               circumstances of extreme hardship if the refusal of the
                 application would --
                   (a) deprive the applicant of the means of obtaining urgent
                         medical treatment for an illness, disease or disability

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     Road Traffic (Authorisation to Drive) Bill 2007
     Part 3          Loss of authorisation to drive
     Division 3      Extraordinary licences
     s. 31



                         known to be suffered by the applicant or a person who is
                         a member of his or her family; or
                  (b)    place an undue financial burden on the applicant or his
                         or her family, by depriving the applicant of his or her
 5                       principal means of obtaining income; or
                   (c)   deprive the applicant or a person who is a member of the
                         applicant's family of the only practicable means of
                         travelling to and from the place at which the applicant or
                         that person, as the case may be, is employed.

10   31.         When further application can be made
           (1)   If an application other than a special application is refused no
                 further application can be made within 6 months after the date
                 of the refusal.
           (2)   If a special application is refused no further special application
15               can be made unless the first-mentioned application was refused
                 by the Magistrates Court or the Children's Court and the further
                 application is made to the District Court of Western Australia.

     32.         Conditions
                 An order directing the grant of an extraordinary licence may
20               impose --
                   (a) a condition requiring the applicant to comply with the
                        requirements of regulations under Part 2 about applying
                        for a driver's licence before the extraordinary licence is
                        granted to the applicant; and
25                 (b) such conditions as the court thinks proper subject to the
                        observance of which the authority to drive under the
                        licence may be exercised, including conditions as to --
                           (i) the locality in which and roads on which the
                                applicant is entitled to drive; and
30                        (ii) the purposes for which the applicant is entitled to
                                drive; and



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                                     Road Traffic (Authorisation to Drive) Bill 2007
                                       Loss of authorisation to drive         Part 3
                                             Extraordinary licences      Division   3
                                                                                s. 33



                         (iii)   the hours during which the applicant is entitled to
                                 drive; and
                         (iv)    the vehicle or class of vehicle that may be driven
                                 under the authority of the licence.

 5   33.         Duties of CEO
           (1)   The CEO must give effect to an order directing the grant of an
                 extraordinary licence according to its tenor and when granting
                 the licence must specify in it any conditions imposed under
                 section 32.
10         (2)   The CEO must from time to time, on payment of the prescribed
                 fee, grant an extraordinary licence by way of renewal for any
                 period not exceeding 12 months if, during the currency of the
                 licence expiring, the holder of the licence has not
                 contravened --
15                  (a) a road law; or
                   (b) any of the conditions which the court imposed when
                         directing the licence to be granted.

     34.         Disqualification ends: effect on extraordinary licence
                 An extraordinary licence ceases to have effect, despite the
20               period for which it was granted, if there is no longer any
                 disqualification mentioned in section 27(1) still in effect.

     35.         Application to vary or cancel conditions of, or cancel,
                 extraordinary licences
           (1)   The holder of an extraordinary licence may from time to time
25               during the currency of the licence apply to a court for an order
                 varying the conditions to which the licence is for the time being
                 subject or cancelling those conditions and substituting other
                 conditions.




                                                                            page 25
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 3          Loss of authorisation to drive
     Division 3      Extraordinary licences
     s. 35



        (2)    The CEO may from time to time during the currency of an
               extraordinary licence apply to a court for an order --
                 (a) varying the conditions to which the licence is for the
                      time being subject or cancelling those conditions and
 5                    substituting other conditions; or
                 (b) cancelling the licence.
        (3)    An application under subsection (1) or (2) in relation to an
               extraordinary licence --
                 (a) granted at the direction of the Supreme Court or the
10                    District Court of Western Australia is to be made to the
                      court by which that direction was made; or
                 (b) granted at the direction of the Magistrates Court or the
                      Children's Court is to be made to the court that made the
                      direction, which is to be constituted by a magistrate.
15      (4)    If an application is made under subsection (1) or (2) --
                 (a) and the court is of opinion that the conditions to which
                       the extraordinary licence is then subject should be
                       varied, or that those conditions should be cancelled and
                       other conditions substituted, for the reason that the
20                     holder of the licence has changed his or her place of
                       residence, place of employment or hours of employment
                       or for any other reason which the court considers
                       sufficient, the court may order accordingly and when an
                       order is so made, the CEO must cause the conditions as
25                     so varied or substituted to be endorsed on the licence; or
                 (b) the court may cancel the extraordinary licence if the
                       court is of the opinion that the holder of the
                       extraordinary licence --
                          (i) is addicted to alcohol or drugs to such an extent
30                             as to render him or her a danger to the public
                               when in control of a motor vehicle on a road; or
                         (ii) suffers from a mental disorder or from a physical
                               disability that is likely to impair his or her ability
                               to control a motor vehicle; or

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                                      Road Traffic (Authorisation to Drive) Bill 2007
                                        Loss of authorisation to drive         Part 3
                                              Extraordinary licences      Division   3
                                                                                 s. 36



                          (iii)   is no longer capable of driving as authorised by
                                  the licence; or
                          (iv)    is not of good character; or
                           (v)    should not, by reason of the number or nature of
 5                                his or her convictions for offences incurred since
                                  the granting of the extraordinary licence, being
                                  offences under any road law or offences under
                                  the law in force in any other jurisdiction or other
                                  country of which the driving or using of a motor
10                                vehicle was an element, be the holder of a
                                  driver's licence.

     36.         How applications to be made
                 An application that is made under section 27 or 35(1) or (2) or
                 that is a special application is to be made in accordance with the
15               rules of court to which it is made.

     37.         Costs of applications
                 The court may order the applicant in an application that is made
                 under section 27 or 35(1) or (2) or that is a special application to
                 pay the whole or any part of the costs of the application.

20   38.         Extraordinary licences to be complied with
           (1)   A person who has an extraordinary licence must not drive on a
                 road any motor vehicle --
                   (a) at a time, for a purpose, or in a locality or on roads,
                        other than as specified in the licence; or
25                 (b) other than as authorised by the licence; or
                   (c) otherwise than in compliance with such other
                        conditions, if any, as are specified in the licence.
                 Penalty: a fine of 24 PU.
           (2)   In addition to the penalty which may be imposed under
30               subsection (1), the court before which the accused is convicted
                 must cancel the extraordinary licence unless the court thinks

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    Road Traffic (Authorisation to Drive) Bill 2007
    Part 3          Loss of authorisation to drive
    Division 3      Extraordinary licences
    s. 39



              that, having regard to the special circumstances of the case, a
              fine would be an adequate punishment for the offence.

    39.       Representation in proceedings under this Division
              Both the Commissioner of Police and the CEO have a right to
5             be heard in proceedings under this Division and each may be
              represented by any person he or she authorises for that purpose.




    page 28
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                                     Demerit points           Part 4
                                                       Preliminary       Division   1
                                                                                s. 40



                            Part 4 -- Demerit points
                              Division 1 -- Preliminary
     40.         Terms used in this Part
           (1)   In this Part --
 5               "current demerit points" means demerit points that have been
                      recorded in the demerit points register and have not expired
                      or been cancelled;
                 "dealt with by infringement notice", when referring to an
                      alleged demerit point offence, means that an infringement
10                    notice has been issued for the alleged offence and --
                      (a) the matter has been dealt with by paying an amount
                             in accordance with the infringement notice; or
                      (b) the Fines, Penalties and Infringement Notices
                             Enforcement Act 1994 section 26(2) requires the
15                           matter to be treated, for the purposes of this Part, as
                             having been dealt with by infringement notice; or
                      (c) if the infringement notice was issued under a law of
                             another jurisdiction, the matter has been dealt with in
                             a way that the regulations specify is to be treated, for
20                           the purposes of this Part, as having been dealt with by
                             infringement notice;
                 "demerit point action" means the action described in
                      section 47;
                 "demerit point offence" means --
25                    (a) an offence under a road law that the regulations
                             prescribe as a demerit point offence in WA; or
                      (b) an offence under the law of another jurisdiction that
                             is specified in the national demerit point offence
                             schedule;
30               "demerit point offence in WA" means an offence under a road
                      law that the regulations prescribe as a demerit point offence
                      in WA;

                                                                             page 29
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 1      Preliminary
     s. 40



               "demerit points register" means the register that section 56
                    requires the CEO to maintain;
               "demerit point registry jurisdiction" for a person means the
                    jurisdiction identified by section 43;
 5             "excessive demerit points notice" means an excessive demerit
                    points notice under section 49(1);
               "excessive demerit points (novice driver) notice" means an
                    excessive demerit points (novice driver) notice under
                    section 50(2);
10             "infringement notice" means a notice issued to a person --
                    (a) under the Road Traffic (Administration) Act 2007; or
                    (b) under a law of another jurisdiction,
                    alleging the commission of a demerit point offence and
                    offering the person an opportunity, by paying an amount of
15                  money, to have the matter dealt with out of court;
               "national demerit point offence" means --
                    (a) an offence under a road law; or
                    (b) an offence under the law of another jurisdiction,
                    that is specified in the national demerit point offence
20                  schedule;
               "national demerit point offence schedule" means the national
                    demerit point offence schedule referred to in section 42;
               "novice driver" has the meaning given in subsection (2);
               "novice driver (type 1)" means a novice driver who is not a
25                  novice driver (type 2);
               "novice driver (type 2)" means a novice driver who has, for a
                    period of at least 1 year or periods adding up to at least
                    1 year, held --
                    (a) an Australian driver licence; or
30                  (b) a licence or other authorisation granted to the person
                           by an external licensing authority authorising the



     page 30
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                                     Demerit points           Part 4
                                                       Preliminary       Division   1
                                                                                s. 41



                           person to drive a motor vehicle other than solely for
                           the purpose of learning to drive it;
                 "section 51 election" means an election under section 51(1);
                 "section 51 election period" means the period for which a
 5                   section 51 election applies under section 51(5) and includes
                     the period as reinstated under regulations under
                     section 52(8)(b).
           (2)   For the purposes of this Part a person is a novice driver unless
                 the person has, for a period of at least 2 years or periods adding
10               up to at least 2 years, held --
                   (a) an Australian driver licence; or
                   (b) a licence or other authorisation granted to the person by
                         an external licensing authority authorising the person to
                         drive a motor vehicle other than solely for the purpose
15                       of learning to drive it.
           (3)   When deciding whether a person is a novice driver, or which
                 type of novice driver a person is, a period for which the person
                 held an Australian driver licence or other authorisation is to be
                 regarded as not including any period for which the person,
20               although holding an Australian driver licence or other
                 authorisation, was excluded by law from driving under that
                 authorisation.

     41.         Demerit point offences in WA
           (1)   The regulations may prescribe an offence under a road law as a
25               demerit point offence in WA, and specify the number of demerit
                 points applying to the offence.
           (2)   An offence cannot be a demerit point offence in WA unless it
                 involves the driving or use of a motor vehicle.
           (3)   Regulations referred to in subsection (1) may distinguish
30               between offences according to the circumstances in which they
                 are committed.



                                                                            page 31
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 1      Preliminary
     s. 42



     42.         National demerit point offence schedule
           (1)   The regulations may prescribe a national demerit point offence
                 schedule for the purposes of this Act specifying --
                   (a) certain offences under a road law; and
 5                 (b) certain offences under the laws of other jurisdictions.
           (2)   The national demerit point offence schedule --
                  (a) cannot specify an offence under a road law unless it is a
                        demerit point offence in WA; and
                  (b)    cannot specify an offence under the law of another
10                       jurisdiction unless --
                           (i) the offence involves the driving or use of a motor
                                 vehicle; and
                          (ii)   under a law of that jurisdiction corresponding to
                                 this Part, points may be recorded against a
15                               person committing that offence who holds an
                                 Australian driver licence under the law of that
                                 jurisdiction.
           (3)   The number of demerit points applying under this Act to an
                 offence under the law of another jurisdiction that is a national
20               demerit point offence is the number of points applying to that
                 offence under the law of that other jurisdiction.
           (4)   Regulations referred to in subsection (1) may distinguish
                 between offences according to the circumstances in which they
                 are committed.

25   43.         Demerit point registry jurisdiction
           (1)   If a person holds a driver's licence or a learner's permit under
                 this Act, this State is, for the purposes of this Act, the demerit
                 point registry jurisdiction for that person.
           (2)   If a person holds a licence or other authorisation granted under
30               the law of another jurisdiction authorising the person to drive a
                 motor vehicle on a road, whether or not solely for the purpose of

     page 32
                                      Road Traffic (Authorisation to Drive) Bill 2007
                                                      Demerit points           Part 4
                                            Incurring demerit points      Division   2
                                                                                 s. 44



                 learning to drive it ("another jurisdiction's driving
                 authorisation"), the demerit point registry jurisdiction for that
                 person is, for the purposes of this Act, that other jurisdiction.
           (3)   If a person holds neither a driver's licence or a learner's permit
 5               under this Act (a "WA driving authorisation") nor another
                 jurisdiction's driving authorisation but has previously held a
                 WA driving authorisation or another jurisdiction's driving
                 authorisation, the demerit point registry jurisdiction for that
                 person is, for the purposes of this Act --
10                 (a) the jurisdiction under the law of which the person
                          previously held one of those authorisations; or
                   (b) if paragraph (a) would identify 2 or more jurisdictions,
                          the jurisdiction under the law of which the person most
                          recently held one of those authorisations.
15         (4)   If this section does not otherwise identify one, and only one,
                 jurisdiction as the demerit point registry jurisdiction for a
                 person, this State is, for the purposes of this Act, the demerit
                 point registry jurisdiction for that person.
           (5)   A jurisdiction can be the demerit point registry jurisdiction even
20               though that jurisdiction does not have a law corresponding to
                 this Part under which points may be recorded for offences
                 involving the driving or use of motor vehicles.

                      Division 2 -- Incurring demerit points
     44.         Demerit point action after conviction
25         (1)   Demerit point action is to be taken against a person for whom
                 this State is the demerit point registry jurisdiction if the CEO
                 becomes aware that the person has been convicted of an offence
                 under a road law or the law of another jurisdiction that is a
                 demerit point offence.
30         (2)   Demerit point action is to be taken against a person for whom
                 another jurisdiction is the demerit point registry jurisdiction if


                                                                             page 33
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 2      Incurring demerit points
     s. 45



                 the CEO becomes aware that the person has been convicted of
                 an offence under a road law that is a demerit point offence.
           (3)   If, because of the conviction, the person was disqualified by a
                 court or by operation of law from holding or obtaining a licence,
 5               this section does not require demerit point action to be taken.
           (4)   For the purposes of subsection (3), disqualification because the
                 person failed to pay a fine imposed for the offence is not to be
                 taken to be because of the conviction.
           (5)   For the purposes of subsection (3), a person is to be taken to be
10               disqualified from holding or obtaining a licence during any time
                 for which --
                   (a) under the law of this State --
                            (i) the person is disqualified from holding or
                                 obtaining a driver's licence; or
15                         (ii) a driver's licence held by the person is
                                 suspended;
                         or
                   (b) under the law of another jurisdiction --
                            (i) the person is disqualified from holding or
20                               obtaining an Australian driver licence granted
                                 under the law of that jurisdiction; or
                           (ii) an Australian driver licence granted to that
                                 person under the law of that jurisdiction is
                                 suspended.

25   45.         Demerit point action after infringement notice
           (1)   Demerit point action is to be taken against a person for whom
                 this State is the demerit point registry jurisdiction if the CEO
                 becomes aware that the person has been dealt with by
                 infringement notice for an alleged offence under a road law or
30               the law of another jurisdiction that is a demerit point offence.




     page 34
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                                     Demerit points           Part 4
                                           Incurring demerit points      Division   2
                                                                                s. 46



           (2)   Demerit point action is to be taken against a person for whom
                 another jurisdiction is the demerit point registry jurisdiction if
                 the CEO becomes aware that the person has been dealt with by
                 infringement notice for an alleged offence under a road law that
 5               is a demerit point offence.

     46.         No demerit point action against body corporate
                 Demerit point action can be taken only against an individual.

     47.         What demerit point action is to be taken
           (1)   This section describes what is to happen if this Division requires
10               that demerit point action be taken against a person for a demerit
                 point offence.
           (2)   Whether or not this State is the demerit point registry
                 jurisdiction for the person, the CEO is to cause the demerit point
                 offence and the number of demerit points that apply to be
15               recorded against that person in the demerit points register.
           (3)   If another jurisdiction is the demerit point registry jurisdiction
                 for the person and the offence is a national demerit point
                 offence, the CEO is to provide information about the offence to
                 the Australian driver licensing authority for that jurisdiction as
20               if it had sought that information under the Road Traffic
                 (Administration) Act 2007 section 14.
           (4)   If the offence is an offence under a road law that is a national
                 demerit point offence and it appears to the CEO that the person
                 against whom demerit point action is required to be taken
25               usually resides in a jurisdiction other than this State that is not
                 the demerit point registry jurisdiction for the person, the CEO is
                 to provide information about the offence to the Australian driver
                 licensing authority for that jurisdiction as if it had sought the
                 information under the Road Traffic (Administration) Act 2007
30               section 14.




                                                                            page 35
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 3      Consequences of demerit points
     s. 48



           (5)   This section does not prevent the CEO from providing
                 information under the Road Traffic (Administration) Act 2007
                 section 14 in other circumstances.

                  Division 3 -- Consequences of demerit points
 5   48.         Expiry of demerit points
                 At the end of the period of 3 years after the day on which an
                 offence was committed or allegedly committed, any demerit
                 points applying to the offence expire.

     49.         Excessive demerit points notice
10         (1)   If the number of current demerit points recorded against a
                 person in the demerit points register reaches at least 12, the
                 CEO is to give the person, in accordance with section 59, an
                 excessive demerit points notice stating --
                   (a) the day on which that number of current demerit points
15                       was reached; and
                   (b) the number of current demerit points reached on that
                         day; and
                   (c) the period of disqualification fixed under subsection (2);
                         and
20                 (d) the day on which the period of disqualification will
                         commence if the person cannot, or for any other reason
                         does not, make a section 51 election.
           (2)   The period of disqualification to be stated in the notice is --
                  (a) for less than 16 points, 3 months;
25                (b) for at least 16 but less than 20 points, 4 months;
                  (c) for at least 20 points, 5 months,
                 and the day on which the period is stated to commence is to be
                 the 28th day after the notice is given or a later day.
           (3)   Whether or not the person makes a section 51 election, demerit
30               points recorded against the person in the demerit points register

     page 36
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                                     Demerit points           Part 4
                                    Consequences of demerit points       Division   3
                                                                                s. 50



                 on or before the day on which, according to the notice, the
                 stated number of demerit points was reached are cancelled.
           (4)   If the person cannot, or for any other reason does not, make a
                 section 51 election, the person is disqualified from holding or
 5               obtaining a driver's licence for the period of disqualification
                 fixed under subsection (2).
           (5)   Nothing in this section prevents the day on which the period of
                 disqualification commences from being postponed under
                 section 54.
10         (6)   Regulations referred to in section 56(7) may provide for all or
                 some of the demerit points cancelled under subsection (3) to be
                 again recorded against the person.

     50.         Excessive demerit points (novice drivers) notice
           (1)   In this section --
15               "post-commencement demerit points" means current demerit
                      points other than those recorded for an offence committed
                      before the day on which the Road Traffic Amendment Act
                      (No. 2) 2007 section 27 came into operation.
           (2)   If the number of post-commencement demerit points recorded
20               in the demerit points register against a person reaches at least 4
                 in respect of any offence committed when the person was a
                 novice driver (type 1), or against a person reaches at least 8 in
                 respect of any offence committed when the person was a novice
                 driver (type 2), the CEO is to give the person, whether or not the
25               person is still a novice driver, in accordance with section 59, an
                 excessive demerit points (novice driver) notice stating --
                   (a) the day on which that number of post-commencement
                         demerit points was reached; and
                   (b) the number of post-commencement demerit points
30                       reached on that day; and
                   (c) that the period of disqualification is 3 months; and



                                                                            page 37
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 3      Consequences of demerit points
     s. 51



                  (d)   that the period of disqualification will commence on the
                        day after the notice is given or a later day specified in
                        the notice.
           (3)   Post-commencement demerit points recorded against the person
 5               in the demerit points register on or before the day on which,
                 according to the notice, the stated number of demerit points was
                 reached are cancelled.
           (4)   The person to whom the notice is given is disqualified from
                 holding or obtaining a driver's licence for the period of
10               3 months specified in the notice.
           (5)   Nothing in this section prevents the day on which the period of
                 disqualification commences from being postponed under
                 section 54.
           (6)   Regulations referred to in section 56(7) may provide for all or
15               some of the post-commencement demerit points cancelled under
                 subsection (3) to be again recorded against the person.
           (7)   Nothing in this section prevents section 49 from applying to a
                 novice driver.

     51.         Making a section 51 election
20         (1)   A person who is given an excessive demerit points notice may,
                 unless prevented by subsection (2) from doing so, avoid being
                 disqualified from holding or obtaining a driver's licence
                 because of the notice by making an election under this section
                 for the year commencing when, having regard to section 54, the
25               period of disqualification specified in the notice would have
                 commenced.
           (2)   In order to be able to make a section 51 election a person must
                 hold a driver's licence other than a provisional licence and must
                 not be a novice driver.




     page 38
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                                     Demerit points           Part 4
                                    Consequences of demerit points       Division   3
                                                                                s. 52



           (3)   By making a section 51 election the person elects not to
                 commit, during the year for which the election is made --
                   (a) an offence for which 2 or more demerit points can be
                       recorded under this Part against the person; or
 5                 (b) offences for which a total of 2 or more demerit points
                       can be recorded under this Part against the person; or
                   (c) an offence for which the court convicting the person is
                       required by law to disqualify the person from holding or
                       obtaining a driver's licence; or
10                 (d) an offence the conviction of which results in the person
                       being disqualified by operation of this Act from holding
                       or obtaining a driver's licence.
           (4)   The election is to be made in writing, in the form approved by
                 the CEO, and given to the CEO within 21 days after the day on
15               which the CEO gave the excessive demerit points notice.
           (5)   A section 51 election applies for the period ending at the end of
                 the year for which it is made or, if the period ends earlier under
                 this Part, until the earlier end of the period.

     52.         Double disqualification after section 51 election
20         (1)   If --
                   (a)   the CEO records in the demerit points register a total of
                         2 or more demerit points for an offence or offences
                         committed or allegedly committed by a person during a
                         section 51 election period; or
25                (b)    a court convicts a person of an offence committed
                         during a section 51 election period as a result of which
                         conviction --
                           (i) the court is required by law to disqualify the
                                 person from holding or obtaining a driver's
30                               licence but the disqualification is not required to
                                 be permanent; or



                                                                             page 39
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 3      Consequences of demerit points
     s. 52



                        (ii)   the person is disqualified by operation of a road
                               law from holding or obtaining a driver's licence,
               the CEO is to give the person, in accordance with section 59, a
               notice in writing disqualifying the person from holding or
 5             obtaining a driver's licence.
        (2)    If subsection (1)(b) applies, the commencement of the period of
               disqualification referred to in that paragraph is postponed until
               the period of disqualification fixed under subsection (4) has
               ended.
10      (3)    The notice is to state --
                 (a)   if it is given under subsection (1)(a) --
                          (i) the number of demerit points because of which
                                 the notice is given; and
                         (ii) the day on which each offence to which any of
15                               those points relates was committed or allegedly
                                 committed;
                       and
                (b)    if it is given under subsection (1)(b) --
                          (i) the conviction because of which the notice is
20                               given; and
                         (ii) the day on which the offence of which the person
                                 was convicted was committed;
                       and
                 (c)   the period of disqualification fixed under subsection (4)
25                     and the day on which that period commences.
        (4)    The period of disqualification to be stated in the notice is to be
               double the period of disqualification that was stated in the
               excessive demerit points notice that led to the person making
               the section 51 election, and any day after the notice under this
30             section is given may be stated as the day on which the period is
               to commence.



     page 40
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                                     Demerit points           Part 4
                                    Consequences of demerit points       Division   3
                                                                                s. 53



           (5)   The person to whom the notice is given is disqualified from
                 holding or obtaining a driver's licence for the period of
                 disqualification stated in the notice.
           (6)   Nothing in this section prevents --
 5                (a) the commencement of the period of disqualification
                        under a notice under this section from being postponed
                        under section 54; or
                  (b) the commencement of a period of disqualification
                        referred to in subsection (1)(b) from being postponed
10                      under section 55.
           (7)   When the notice is given --
                  (a) if it is given under subsection (1)(a), demerit points
                       recorded against the person in the demerit points register
                       for the offences specified in the notice are cancelled; and
15                (b) in any case, the period for which the section 51 election
                       applies ends even though the year for which the election
                       was made may not have elapsed.
           (8)   Regulations referred to in section 56(7) --
                  (a) may provide for all or some of the demerit points
20                      cancelled under subsection (7)(a) to be again recorded
                        against the person; and
                  (b) may provide for the period for which the section 51
                        election applies to be reinstated.

     53.         Permanent disqualification ends section 51 election period
25         (1)   If, before the end of a person's section 51 election period, a
                 court permanently disqualifies the person from holding or
                 obtaining a driver's licence, the period for which the section 51
                 election applies ends even though the year for which the
                 election was made may not have elapsed.
30         (2)   Subsection (1) applies whether or not the disqualification is for
                 an offence committed during a section 51 election period.


                                                                            page 41
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 3      Consequences of demerit points
     s. 54



     54.         Cumulative effect of demerit points disqualification
           (1)   If, when the period for which a person is disqualified under this
                 Part from holding or obtaining a driver's licence (the
                 "disqualification period") would otherwise commence --
 5                  (a) the person is already disqualified from holding or
                         obtaining a driver's licence; or
                   (b) the person has made a section 51 election and the
                         section 51 election period has not ended,
                 the commencement of the disqualification period is postponed,
10               and the disqualification under this Part does not have effect,
                 until the time described in subsection (2) as the postponed
                 commencement time.
           (2)   The postponed commencement time is when --
                  (a) any disqualification that has already commenced when
15                      the disqualification period would otherwise have
                        commenced, or that commences subsequently, has
                        ended; and
                  (b) any section 51 election period that has already
                        commenced when the disqualification period would
20                      otherwise have commenced, or that commences
                        subsequently, has ended.
           (3)   Postponing the commencement of the disqualification period
                 does not reduce the disqualification period.
           (4)   For the purposes of subsections (1) and (2), a person is to be
25               taken to be disqualified from holding or obtaining a driver's
                 licence during any time for which --
                    (a) the person is disqualified from holding or obtaining a
                         driver's licence; or
                   (b) a driver's licence held by the person is suspended.




     page 42
                                    Road Traffic (Authorisation to Drive) Bill 2007
                                                      Demerit points         Part 4
                                  Administrative and other provisions   Division   4
                                                                               s. 55



     55.         Certain disqualifications after demerit points
                 disqualification or section 51 election
           (1)   In this section --
                 "demerit period" means --
 5                    (a) a period for which a person is disqualified under this
                             Part from holding or obtaining a driver's licence; or
                      (b) a section 51 election period relating to a person.
           (2)   If --
                   (a)   because of an offence that was not committed during a
10                       section 51 election period, a person is disqualified by a
                         court or by operation of a road law, otherwise than
                         under this Part, from holding or obtaining a driver's
                         licence and the disqualification is not permanent; or
                   (b)   a licence suspension order is made under the Fines,
15                       Penalties and Infringement Notices Enforcement
                         Act 1994 disqualifying a person from holding or
                         obtaining a driver's licence,
                 and the commencement of the period of disqualification, or the
                 taking effect of the licence suspension order, as the case may be,
20               (the "starting time") would occur during a demerit period or at
                 the same time as a demerit period commences, the starting time
                 is, despite any other enactment, postponed until the end of the
                 demerit period.

                 Division 4 -- Administrative and other provisions
25   56.         Demerit points register
           (1)   The CEO is required to maintain a demerit points register in
                 accordance with this Act.
           (2)   The demerit points register is to contain details of --
                  (a) each person against whom demerit points are recorded
30                     under this Act; and


                                                                            page 43
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 4      Administrative and other provisions
     s. 56



                (b)    each offence for which demerit points are recorded
                       against that person and the day on which the offence
                       was committed or allegedly committed including, in the
                       case of a person who is a novice driver (type 1) or a
 5                     novice driver (type 2), whether or not the demerit points
                       are post-commencement demerit points; and
                (c)    the number of demerit points recorded against the
                       person for the offence; and
                (d)    the day on which an excessive demerit points notice was
10                     given, and the number of demerit points and period of
                       disqualification stated in it; and
                (e)    the day on which an excessive demerit points (novice
                       driver) notice was given, and the number of demerit
                       points and period of disqualification stated in it; and
15               (f)   the day on which a section 51 election, if any, was
                       received; and
                (g)    the day on which a notice, if any, disqualifying a person
                       from holding or obtaining a driver's licence was given
                       under section 52, and the period of disqualification
20                     stated in it; and
                (h)    the day on which demerit points --
                          (i) expire through the passing of time; or
                         (ii) are cancelled,
                       and the number of points that expire or are cancelled;
25                     and
                 (i)   anything else prescribed in the regulations.
        (3)    If a conviction is quashed, the CEO is to cause any demerit
               points recorded because of the conviction to be removed from
               the demerit points register, and they are to be taken to have
30             never been recorded.
        (4)    If, after an alleged offence has been dealt with by infringement
               notice the CEO is satisfied that --
                  (a) the infringement notice has been withdrawn; or

     page 44
                             Road Traffic (Authorisation to Drive) Bill 2007
                                               Demerit points         Part 4
                           Administrative and other provisions   Division   4
                                                                        s. 56



            (b)   proceedings under the Fines, Penalties and Infringement
                  Notices Enforcement Act 1994 Part 3 in respect of the
                  infringement notice have been withdrawn; or
            (c)   the matter has come before a court for determination,
 5         the CEO is to cause any demerit points recorded because the
           alleged offence has been dealt with by infringement notice to be
           removed from the demerit points register, and they are to be
           taken to have never been recorded.
     (5)   Subsection (4) does not prevent the points removed from being
10         again recorded if the alleged offender is convicted of the alleged
           offence.
     (6)   Regulations may specify circumstances in which an
           infringement notice issued under a law of another jurisdiction is
           to be treated, for the purposes of subsection (4), as having been
15         withdrawn.
     (7)   Regulations may --
            (a) provide for the adjustment of the demerit points register;
                  or
            (b) make any other provision necessary or convenient to be
20                made,
           to deal with consequences of subsection (3) or (4) in a case in
           which, before the demerit points are removed from the demerit
           points register, anything has been done on the basis that the
           demerit points were recorded.
25   (8)   The CEO must ensure that, when information in the demerit
           points register about a national demerit point offence recorded
           against a person for whom this State is not the demerit point
           registry jurisdiction is altered or removed, notice of the
           alteration or removal is provided to each Australian driver
30         licensing authority that was provided with information about the
           offence under section 47(3) or (4).



                                                                     page 45
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 4          Demerit points
     Division 4      Administrative and other provisions
     s. 57



     57.         Obtaining Australian driver licence elsewhere
                 If the CEO becomes aware that a person against whom demerit
                 points are recorded in the demerit points register has become the
                 holder of an Australian driver licence granted by the Australian
 5               driver licensing authority of another jurisdiction (the "new
                 licensing jurisdiction") and, before the person became the
                 holder of that licence, this State was the demerit point registry
                 jurisdiction for that person under this Act, the CEO is to --
                    (a) inform the Australian driver licensing authority of the
10                        new licensing jurisdiction of --
                          (i)    any current demerit points that are recorded
                                 against that person under this Act for a national
                                 demerit point offence; and
                          (ii)   details of any offence or alleged offence for
15                               which any of those points were recorded;
                        and
                  (b)   cause any current demerit points recorded against the
                        person under this Act for a national demerit point
                        offence that is not an offence under a road law to be
20                      cancelled.

     58.         Holder of licence in another jurisdiction applying
           (1)   When a driver's licence under this Act is obtained by a person
                 for whom, immediately before the person obtains the licence,
                 another jurisdiction was the demerit point registry jurisdiction
25               (the "former demerit point registry jurisdiction"), the CEO is
                 to cause to be recorded against the person in the demerit points
                 register --
                   (a) any national demerit point offence (as defined in this
                         Act) that --
30                         (i) immediately before the person obtains the
                                 driver's licence, stands recorded against the
                                 person under a law of the former demerit point



     page 46
                                    Road Traffic (Authorisation to Drive) Bill 2007
                                                      Demerit points         Part 4
                                  Administrative and other provisions   Division   4
                                                                               s. 59



                                 registry jurisdiction corresponding to this Part;
                                 and
                          (ii)   is not already recorded in the demerit points
                                 register;
 5                      and
                  (b)   demerit points for, and other details of, any offence
                        required by paragraph (a) to be recorded against the
                        person.
           (2)   The number of demerit points to be recorded for the offence is
10               the number of points that were recorded against the person for
                 the offence under the law of the former demerit point registry
                 jurisdiction.
           (3)   Subsection (1) does not require an offence to be recorded if it
                 was committed or allegedly committed more than 3 years before
15               the day on which the offence would otherwise be required to be
                 recorded in the demerit points register, and section 48 applies
                 also to demerit points for an offence recorded under this section.

     59.         How certain notices are to be given
           (1)   This section applies to --
20                (a) an excessive demerit points notice; or
                  (b) an excessive demerit points (novice driver) notice; or
                  (c) a notice under section 52 disqualifying a person from
                         holding or obtaining a driver's licence.
           (2)   The notice is given in accordance with this section if it is given
25               to the person to whom it is addressed either personally or in any
                 other way prescribed in the regulations that ensures that it is
                 received by that person and results in a written record of that
                 person having received the notice.

     60.         Regulations adapting to schemes of other jurisdictions
30         (1)   Regulations may be made to deal with anomalies arising from a
                 difference between what this Act identifies as a person's

                                                                             page 47
Road Traffic (Authorisation to Drive) Bill 2007
Part 4          Demerit points
Division 4      Administrative and other provisions
s. 60



          demerit point registry jurisdiction and what applies according to
          a corresponding concept under the law of another jurisdiction.
   (2)    Regulations made for that purpose may modify the operation of
          this Part.




page 48
                                     Road Traffic (Authorisation to Drive) Bill 2007
                                                     Miscellaneous            Part 5

                                                                               s. 61



                             Part 5 -- Miscellaneous
     61.         Regulations
           (1)   The Governor may make regulations prescribing any matter that
                 is required or permitted by this Act to be prescribed, or that is
 5               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
10               regulations may attach to a contravention.
           (3)   Without limiting subsection (1), regulations may --
                  (a) impose penalties not exceeding a fine of 24 PU for a
                       first offence, and not exceeding a fine of 48 PU for any
                       subsequent offence, under any regulation made under
15                     this Act; and
                  (b) 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
                  (c) require a statutory declaration to be made about a
20                     matter.
           (4)   For the purposes of subsection (3)(b), 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.
           (5)   Without limiting the Interpretation Act 1984 section 45(2), the
25               regulations may provide that a reduction, waiver, refund or
                 deferral of a charge for granting or varying any driver's licence
                 or the issue of a learner's permit applies subject to conditions
                 imposed by the CEO that are specified in the licence.




                                                                             page 49
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 5          Miscellaneous

     s. 62



     62.         Minister's declarations that specified regulations do not
                 apply to specified persons
                 Regulations may provide for the Minister to declare, in writing
                 in accordance with the regulations, that a specified requirement
 5               of the regulations does not apply to a specified person.

     63.         Regulations may refer to published documents
           (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
10                 (b) as that text may from time to time be amended.
           (2)   The text may be adopted --
                  (a) wholly or in part; or
                  (b) as modified by the regulations.
           (3)   The adoption may be direct (by reference made in the
15               regulations), or indirect (by reference made in any text that is
                 itself directly or indirectly adopted).
           (4)   The adoption of text is of no effect unless --
                  (a)    the adopted text; and
                  (b)    if text is adopted as it may be amended from time to
20                       time, either --
                            (i) the amendments to the text; or
                           (ii) the text as amended,
                 can at all reasonable times be inspected or purchased by the
                 public.




     page 50
                                      Road Traffic (Authorisation to Drive) Bill 2007
                                              Transitional provisions          Part 6
     Transitional provisions arising from certain amendments made         Division   1
                    to the Road Traffic Act 1974 by the Road Traffic
                                (Consequential Provisions) Act 2007
                                                                                 s. 64


                      Part 6 -- Transitional provisions
        Division 1 -- Transitional provisions arising from certain
       amendments made to the Road Traffic Act 1974 by the Road
               Traffic (Consequential Provisions) Act 2007
 5   64.         Terms used in this Division
                 In this Division --
                 "amending Act" means the Road Traffic (Consequential
                      Provisions) Act 2007;
                 "commencement day" means the day on which the Road
10                   Traffic (Consequential Provisions) Act 2007 Part 2 comes
                     into operation;
                 "RT Act" means the Road Traffic Act 1974 as in force
                     immediately before commencement day.

     65.         Application of the Interpretation Act 1984
15               The provisions of this Division do not prejudice or affect the
                 application of the Interpretation Act 1984 to and in relation to
                 the repeals of provisions of the RT Act effected by the
                 amending Act.

     66.         Learner's permits
20               A learner's permit issued to a person under the RT Act
                 section 43(1) that was in effect immediately before
                 commencement day is, on and from commencement day, to be
                 taken to be a learner's permit issued under section 10(1).

     67.         Extraordinary licences
25         (1)   An extraordinary licence granted by the Director General as
                 ordered under the RT Act section 76 that was in effect
                 immediately before commencement day is, on and from
                 commencement day, to be taken to be an extraordinary licence


                                                                             page 51
     Road Traffic (Authorisation to Drive) Bill 2007
     Part 6          Transitional provisions
     Division 1      Transitional provisions arising from certain amendments made
                     to the Road Traffic Act 1974 by the Road Traffic
                     (Consequential Provisions) Act 2007
     s. 68

                 granted by the CEO as ordered on an application under
                 section 27.
           (2)   An application that was made under the RT Act section 76(1)
                 before commencement day but not decided before
 5               commencement day is, on and from commencement day, to be
                 taken to be an application made under section 27(1).
           (3)   An application that was made under the RT Act section 76(7)
                 before commencement day but not decided before
                 commencement day is, on and from commencement day, to be
10               taken to be an application made under section 35(1) or (2), as is
                 applicable to the case.
           (4)   If an application that was made under the RT Act section 76(1),
                 not being a special application, was decided before
                 commencement day and was refused, an application cannot be
15               made under section 27(1) in relation to the same matter within
                 6 months after the day of the refusal.

     68.         Removal of disqualification
           (1)   An application that was made under the RT Act section 78(1)
                 before commencement day but not decided before
20               commencement day is, on and from commencement day, to be
                 taken to be an application made under section 24(1).
           (2)   If an application that was made under the RT Act section 78(1)
                 was decided before commencement day and was refused, an
                 application cannot be made under section 24(1) in relation to the
25               same matter within one year after the day of the refusal.

     69.         Demerit points
           (1)   The demerit points register as defined in the RT Act section 104
                 as it was in effect immediately before commencement day is, on
                 and from commencement day, to be taken to be the demerit
30               points register as defined in section 40(1).



     page 52
                                      Road Traffic (Authorisation to Drive) Bill 2007
                                              Transitional provisions          Part 6
     Transitional provisions arising from certain amendments made         Division   1
                    to the Road Traffic Act 1974 by the Road Traffic
                                (Consequential Provisions) Act 2007
                                                                                 s. 70

           (2)   The demerit point offences and the number of demerit points
                 that apply in respect of the offences that are recorded against a
                 person in the demerit points register referred to in the RT Act
                 Part VIA immediately before commencement day continue, on
 5               and from commencement day, to apply in respect of that person
                 for the purposes of Part 4.
           (3)   An excessive demerit points notice under the RT Act
                 section 104I(1) that was in effect immediately before
                 commencement day is, on and from commencement day, to be
10               taken to be an excessive demerits points notice under
                 section 49(1).
           (4)   An excessive demerit points (novice driver) notice under the
                 RT Act section 104IA(2) that was in effect immediately before
                 commencement day is, on and from commencement day, to be
15               taken to be an excessive demerits points (novice driver) notice
                 under section 50(2).
           (5)   An election under the RT Act section 104J(1) that was in effect
                 immediately before commencement day is, on and from
                 commencement day, to be taken to be an election under
20               section 51.
           (6)   A notice under the RT Act section 104K, disqualifying a person
                 from holding or obtaining a driver's licence, that was in effect
                 immediately before commencement day is, on and from
                 commencement day, to be taken to be a notice under section 52.

25   70.         Transitional regulations
                 Regulations may contain provisions that are necessary or
                 convenient for dealing with --
                   (a) matters concerning the transition from the provisions
                        applying before the commencement of Part 2 to the
30                      provisions of Part 2, or regulations made for the
                        purposes of Part 2, applying after that commencement;
                        and


                                                                             page 53
    Road Traffic (Authorisation to Drive) Bill 2007
    Part 6          Transitional provisions
    Division 1      Transitional provisions arising from certain amendments made
                    to the Road Traffic Act 1974 by the Road Traffic
                    (Consequential Provisions) Act 2007
    s. 70

               (b)   matters concerning the transition from the provisions
                     applying before the commencement of Part 4 to the
                     provisions of Part 4, or regulations made for the
                     purposes of Part 4, applying after that commencement;
5                    and
               (c)   transitional matters related to Part 4 that arise from a
                     change in the jurisdiction that is a person's demerit point
                     registry jurisdiction.




    page 54
                                        Road Traffic (Authorisation to Drive) 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)
amending Act................................................................................................. 64
another jurisdiction's driving authorisation .......................................13(1), 43(2)
application ..................................................................................................... 25
Australian driver licence ..............................................................................3(1)
Australian driver licensing authority.............................................................3(1)
commencement day........................................................................................ 64
current demerit points ................................................................................ 40(1)
dealt with by infringement notice ............................................................... 40(1)
demerit period............................................................................................ 55(1)
demerit point action ................................................................................... 40(1)
demerit point offence ................................................................................. 40(1)
demerit point offence in WA ...................................................................... 40(1)
demerit point registry jurisdiction............................................................... 40(1)
demerit points register................................................................................ 40(1)
destroyed .....................................................................................................9(1)
disqualification period................................................................................ 54(1)
disqualified ................................................................................................ 28(1)
driver licence ............................................................................................. 14(1)
driver's licence ............................................................................................3(1)
driver's licence held by a person..................................................................... 19
excessive demerit points notice .................................................................. 40(1)
excessive demerit points (novice driver) notice........................................... 40(1)
external licensing authority ..........................................................................3(1)
extraordinary licence....................................................................................3(1)
foreign law................................................................................................. 15(1)
former demerit point registry jurisdiction.................................................... 58(1)
grant ............................................................................................................3(1)
infringement notice .................................................................................... 40(1)
learner's permit............................................................................................3(1)
national demerit point offence .................................................................... 40(1)
national demerit point offence schedule ...................................................... 40(1)
new licensing jurisdiction............................................................................... 57
novice driver.............................................................................................. 40(1)
novice driver (type 1) ................................................................................. 40(1)
novice driver (type 2) ................................................................................. 40(1)
photograph...................................................................................................9(1)
post-commencement demerit points............................................................ 50(1)
prescribed offence.......................................................................................... 19

                                                                                                         page 55
Road Traffic (Authorisation to Drive) Bill 2007



Defined Terms



      present offence........................................................................... 20(2), 21, 22(2)
      provisional licence .......................................................................................3(1)
      RT Act........................................................................................................... 64
      RTA s. 64 ...................................................................................................... 19
      section 51 election...................................................................................... 40(1)
      section 51 election period........................................................................... 40(1)
      special application.......................................................................................... 25
      starting time............................................................................................... 55(2)
      unlicensed person....................................................................................... 18(1)
      WA driving authorisation ........................................................................... 43(3)




 


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