2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport)
Road Transport Legislation Amendment Bill 2011

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Road Transport (Driver Licensing) Act 1999
	4	New section 5A	3
	5	Good behaviour alternative to licence suspension
Section 19 (1) and (2)	3
	6	Good behaviour alternative to licence ineligibility
Section 21 (1) and (2)	4
	7	New section 31A	5
	8	Use of photographs and signatures
Section 36 (1) (e)	5
	9	Disclosure of photographs and signatures by road transport authority
Section 37 (1) (c)	6
Part 3	Road Transport (General) Act 1999
	10	Suspension for nonpayment of infringement notice penalties
Section 44 (8)	7
	11	Seizure of licences
Section 59 (1)	7
	12	Section 59 (4)	8
	13	Section 59 (5)	8
	14	Section 59 (6)	9
	15	New section 59 (8)	9
	16	Immediate suspension of licence
New section 61B (5) (aa)	9
	17	New section 61B (6)	9
	18	Suspension of driver licence, registration etc for default of court imposed fine
New section 84 (5) (d)	10
Part 4	Road Transport (General) Regulation 2000
	19	New section 9C	11
Part 5	Road Transport (Offences) Regulation 2005
	20	Schedule 1, part 1.5, new item 10A	12
	21	Schedule 1, part 1.7, Item 5	12
Part 6	Road Transport (Vehicle Registration) Act 1999
	22	Section 30	13

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport)
Road Transport Legislation Amendment Bill 2011

A Bill for
An Act to amend road transport legislation, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Road Transport Legislation Amendment Act 2011.
2	Commencement
	(1)	This Act (other than section 18) commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
	(2)	Section 18 commences on the later of—
	(a)	the commencement of the Road Transport (General) Amendment Act 2010, section 7; and
	(b)	the commencement of this Act, section 10.
3	Legislation amended
This Act amends the following legislation:
·	Road Transport (Driver Licensing) Act 1999
·	Road Transport (General) Act 1999
·	Road Transport (General) Regulation 2000
·	Road Transport (Offences) Regulation 2005
·	Road Transport (Vehicle Registration) Act 1999.

Part 2	Road Transport (Driver Licensing) Act 1999
4	New section 5A
in part 1, insert
5A	Offence against this Act—application of Criminal Code etc
Other legislation applies in relation to an offence against this Act.
Note 1	Criminal Code
The Criminal Code, sch 2 applies to the following offence against this Act (see Code, pt 2.1):
·	s 31A (Offence—driving while right to drive suspended).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for an offence to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
5	Good behaviour alternative to licence suspension
Section 19 (1) and (2)
substitute
	(1)	If a person is served with a notice of licence suspension under section 18, the person may elect, as an alternative to undergoing the period of licence suspension applying under the notice, to be of good behaviour for a 12-month period.
	(2)	The election must be made by notice given to the road transport authority in the period that—
	(a)	begins on the day the notice of licence suspension was served on the person; and
	(b)	ends the day before the person’s licence suspension ends.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(2A)	The 12-month period of good behaviour under this section begins—
	(a)	for a person who makes an election on or before the day on which the suspension of their licence is to begin—the day the person’s licence suspension would have begun; or
	(b)	for a person who makes an election after the day on which the suspension of their licence is to begin—the day the authority receives notice of the election.
6	Good behaviour alternative to licence ineligibility
Section 21 (1) and (2)
substitute
	(1)	If a person is served with a notice of licence ineligibility under section 20, the person may elect, as an alternative to undergoing the period of licence ineligibility applying under the notice, to be of good behaviour for a 12-month period.
	(2)	The election must be made by notice given to the road transport authority in the period that— 
	(a)	begins on the day the notice of licence ineligibility was served on the person; and
	(b)	ends the day before the person’s licence ineligibility ends.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(2A)	The 12-month period of good behaviour under this section begins—
	(a)	for a person who makes an election on or before the day on which the period of licence ineligibility is to begin—the day the person’s licence ineligibility would have begun; or
	(b)	for a person who makes an election after the day on which the period of licence ineligibility is to begin—the day the authority receives notice of the election.
7	New section 31A
insert
31A	Offence—driving while right to drive suspended
	(1)	A person commits an offence if—
	(a)	the person’s right to drive is suspended under a law of the territory; and
	(b)	the person drives a vehicle in the ACT.
Maximum penalty:  20 penalty units.
	(2)	An offence against this section is a strict liability offence.  
8	Use of photographs and signatures
Section 36 (1) (e)
omit
road transport legislation;
substitute
Dangerous Goods (Road Transport) Act 2009 or the road transport legislation;
9	Disclosure of photographs and signatures by road transport authority
Section 37 (1) (c)
omit
road transport legislation or
substitute
Dangerous Goods (Road Transport) Act 2009, the road transport legislation or

Part 3	Road Transport (General) Act 1999
10	Suspension for nonpayment of infringement notice penalties
Section 44 (8)
omit
11	Seizure of licences
Section 59 (1)
substitute
	(1)	A police officer or authorised person may, with no authority other than this section, seize an Australian driver licence, public vehicle driver authority card or external driver licence, or anything resembling an Australian driver licence, public vehicle driver authority card or external driver licence, if—
	(a)	it is produced to the police officer or authorised person by someone representing it to be the person’s Australian driver licence, public vehicle driver authority card or external driver licence; and 
	(b)	the police officer or authorised person suspects on reasonable grounds—
	(i)	that it has been obtained in contravention of the Road Transport (Driver Licensing) Act 1999, section 29 (Obtaining licence by false statements etc), a corresponding law (within the meaning of that Act) or the law of an external territory or foreign country; or
	(ii)	that it is unlawfully in the person’s possession; or
	(iii)	that it is required to be returned or surrendered to the road transport authority under the road transport legislation; or
	(iv)	that it is defaced or altered.
12	Section 59 (4)
substitute
	(4)	The grounds on which a suspicion may be formed, sufficient to authorise the seizure of an Australian driver licence, public vehicle driver authority card or external driver licence or anything else (the licence or article) under this section, include (but are not limited to) any 1 or more of the following:
	(a)	a lack of resemblance between the person shown in a photograph attached to or forming part of the licence, card or article, purporting to be a photograph of the holder, and the person who produced it;
	(b)	a lack of resemblance between a signature on the licence or article, purporting to be the signature of the holder, and a specimen signature provided by the person who produced the licence or article;
	(c)	a refusal by the person, after producing the licence or article, to comply with a requirement under subsection (2).
13	Section 59 (5)
substitute
	(5)	An Australian driver licence, public vehicle driver authority card, external driver licence or anything else seized under this section must be given to the road transport authority as soon as practicable (but within 14 days) after the seizure. 
14	Section 59 (6)
after
Australian driver licence
insert
, public vehicle driver authority card
15	New section 59 (8)
insert
	(8)	In this section:
public vehicle driver authority card—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.
16	Immediate suspension of licence
New section 61B (5) (aa)
insert
	(aa)	the chief police officer, or the DPP, gives written notice to the person served with the suspension notice that states that the proceeding for the suspension offence for which the suspension notice was issued is to be withdrawn or discontinued; or
17	New section 61B (6)
insert
	(6)	If a person has surrendered their driver licence under a suspension notice and the suspension notice ceases to have effect under subsection (5) the road transport authority must return the driver licence to the person as soon as practicable.
18	Suspension of driver licence, registration etc for default of court imposed fine
New section 84 (5) (d)
insert
	(d)	if the person is the holder of an interstate driver licence or an external driver licence—suspend the person’s right to drive a vehicle in the ACT.

Part 4	Road Transport (General) Regulation 2000
19	New section 9C
in part 3, insert 
9C	Specimen signature—Act, s 59 (2)
The following are prescribed as ways in which a police officer may require a person to provide a specimen of his or her signature—
	(a)	in the police officer’s official notebook; or
	(b)	on any other paper on which a signature can be reasonably written.

Part 5	Road Transport (Offences) Regulation 2005
20	Schedule 1, part 1.5, new item 10A
insert
10A	31A	driving while right to drive suspended	20	427		
21	Schedule 1, part 1.7, Item 5
omit

Part 6	Road Transport (Vehicle Registration) Act 1999
22	Section 30
substitute
30	Seizure of numberplates, registration labels etc
	(1)	A police officer or authorised person may on reasonable grounds seize—
	(a)	a numberplate or registration label attached to, or located in, a registrable vehicle if the registration of the vehicle—
	(i)	has expired more than 15 days earlier; or 
	(ii)	is cancelled; or 
	(b)	a numberplate used in contravention of a regulation prescribed for this section; or
	(c)	a numberplate, registration label or other document attached to, or located in, a registrable vehicle if the numberplate, registration label or other document is—
	(i)	not properly issued; or 
	(ii)	properly issued for another registrable vehicle; or
	(iii)	fraudulently changed; or 
	(iv)	changed in a way calculated to deceive; or
	(d)	anything resembling a numberplate, registration label or other document that is attached to, or located in, a registrable vehicle and is calculated to deceive. 
	(2)	A police officer or authorised person may enter or access a vehicle for the purpose of seizing something under subsection (1).
	(3)	A numberplate, other document, or anything resembling a numberplate or other document seized under subsection (1) must—
	(a)	if likely to be required as evidence in a proceeding—be retained for use as evidence; or
	(b)	in any other case—be given to the road transport authority as soon as practicable.
	(4)	If something is given to the road transport authority under subsection (3) the road transport authority may deal with the thing in the way the authority considers appropriate.
	(5)	In this section:
other document—
	(a)	means any document that relates to, or purports to relate to, the registration of a vehicle; but
	(b)	does not include a registration label or anything resembling a registration label.
Example—other document
a registration certificate under the Road Transport (Vehicle Registration) Regulation 2000, s 40
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
properly issued means issued—
	(a)	by the road transport authority under this Act; or
	(b)	under a corresponding law. 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011