2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport)
Road Transport (General) Amendment Bill 2010

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Road Transport (General) Act 1999
	4	Suspension for nonpayment of infringement notice penalties
Section 44 (2)	3
	5	Section 44 (7) and (8)	4
	6	New section 84A	4
	7	Section 84	5
	8	Section 85 heading	6
	9	Section 85 (1)	6
	10	Revocation of suspension of driver licence, registration etc
Section 86 (1)	7
	11	Dictionary, definition of revocation notice	7
Part 3	Road Transport (General) Regulation 2000
	12	Section 9	8
	13	Section 9A	8

2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport)
Road Transport (General) Amendment Bill 2010

A Bill for
An Act to amend the Road Transport (General) Act 1999, 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 (General) Amendment Act 2010.
2	Commencement
This Act 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).
3	Legislation amended
This Act amends the Road Transport (General) Act 1999 and the Road Transport (General) Regulation 2000.

Part 2	Road Transport (General) Act 1999
4	Suspension for nonpayment of infringement notice penalties
Section 44 (2)
substitute
	(2)	The road transport authority must—
	(a)	send the person a written notice (a suspension notice) that contains the information required by subsection (2A); and
	(b)	if the infringement notice penalty is not paid before the suspension date in the suspension notice—take action under subsection (3), (4) or (5) (the suspension action) on the suspension date.
	(2A)	A suspension notice must state—
	(a)	particulars of the infringement notice and the reminder notice to which the suspension notice relates; and
	(b)	that if the person does not pay the infringement notice penalty by a stated date (the suspension date), the authority will take suspension action on the suspension date; and
	(c)	any information prescribed by regulation; and
	(d)	any other information that the road transport authority considers appropriate.
	(2B)	However, the suspension date must not be earlier than 10 days after the day the suspension notice is sent to the person.
5	Section 44 (7) and (8)
substitute
	(7)	A suspension under this section takes effect on the suspension date.
	(8)	If the road transport authority takes suspension action, the authority must send a suspension confirmation notice to the person that states—
	(a)	the suspension date; and
	(b)	the action that was taken on the suspension date; and
	(c)	any information prescribed by regulation; and
	(d)	any other information that the road transport authority considers appropriate.
6	New section 84A
in part 6, before section 84, insert
84A	Meaning of revocation notice—pt 6
In this part:
revocation notice means a notice under the Crimes (Sentence Administration) Act 2005, section 116M (2) that—
	(a)	an arrangement for the payment of an outstanding fine has been approved; or
	(b)	an outstanding fine has been paid; or
	(c)	a fine has been remitted; or
	(d)	a person has completed serving a period of imprisonment in relation to an outstanding fine; or
	(e)	the conviction or order that gave rise to a person’s liability to pay a fine has been quashed or set aside.
7	Section 84
substitute
84	Suspension of driver licence, registration etc for default of court imposed fine
	(1)	This section applies if the road transport authority is notified under the Crimes (Sentence Administration) Act 2005, section 116M (1) that a person has defaulted in payment of an outstanding fine.
Note	The Crimes (Sentence Administration) Act 2005, s 116M (1) requires the chief executive mentioned in that Act to notify the road transport authority if a person has defaulted on a court imposed fine. 
	(2)	The road transport authority must—
	(a)	send the person a written notice (a fine enforcement notice) that contains the information required by subsection (3); and
	(b)	if the outstanding fine is not paid before the enforcement date in the fine enforcement notice—take action under subsection (5) (the fine enforcement action) on the enforcement date.
	(3)	A fine enforcement notice must state—
	(a)	particulars of the default notice and the reminder notice for the outstanding fine to which the fine enforcement notice relates; and
Note	The Crimes (Sentence Administration) Act 2005, deals with default notices (see s 116H (1)) and reminder notices (see s 116J (1)).
	(b)	that if the person does not pay the outstanding fine by a stated date (the enforcement date), the authority will take fine enforcement action on the enforcement date; and
	(c)	any information prescribed by regulation; and
	(d)	any other information that the road transport authority considers appropriate.
	(4)	However, the enforcement date must not be earlier than 10 days after the day the fine enforcement notice is sent to the person.
	(5)	If the road transport authority is required to take fine enforcement action, the authority must—
	(a)	suspend the person’s driver licence; or
	(b)	if the person is not the holder of a driver licence but is the sole registered operator of—
	(i)	1 motor vehicle—suspend the registration of the vehicle; or
	(ii)	2 or more motor vehicles—suspend the registration of 1 vehicle for each outstanding fine, starting with the vehicle with the shortest period of registration left; or
	(c)	if the person is not the holder of a driver licence and is not the sole registered operator of a motor vehicle—disqualify the person from obtaining a driver licence.
8	Section 85 heading
substitute
85	Notification and duration of suspension of driver licence, registration etc
9	Section 85 (1)
substitute
	(1)	Fine enforcement action under this part takes effect on the enforcement date stated in the notice sent to the person under section 84 (2).
	(1A)	If the road transport authority takes fine enforcement action under section 84 (5), the authority must send a fine enforcement confirmation notice to the person that states—
	(a)	the enforcement date; and
	(b)	the action that was taken on the enforcement date; and
	(c)	any information prescribed by regulation; and
	(d)	any other information that the road transport authority considers appropriate.
10	Revocation of suspension of driver licence, registration etc
Section 86 (1)
omit
11	Dictionary, definition of revocation notice
substitute
revocation notice, for part 6 (Fine defaulters)—see section 84A.

Part 3	Road Transport (General) Regulation 2000
12	Section 9
substitute
9	Content of suspension notice—Act, s 44 (2A) (c)
The following information is prescribed for a suspension notice sent to a person:
	(a)	the date of the notice;
	(b)	the name and address of the person;
	(c)	that the infringement notice penalty to which the notice relates has not been paid, and the notice has not been withdrawn;
	(d)	that any suspension action takes effect on the suspension date and continues until the suspension is revoked under the Act, part 3.
13	Section 9A
substitute
9A	Content of fine enforcement notice—Act, s 84 (3) (c)
The following information is prescribed for a fine enforcement notice sent to a person:
	(a)	the date of the notice;
	(b)	the name and address of the person;
	(c)	that the road transport authority has been notified that the person has defaulted in payment of an outstanding court imposed fine;
	(d)	that the outstanding court imposed fine to which the notice relates has not been paid;
	(e)	that fine enforcement action takes effect on the enforcement date and continues until the action is revoked under the Act, part 6.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2010.
2	Notification
	Notified under the Legislation Act on	2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010