2013

THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL 2013 (No 3)

SUPPLEMENTARY EXPLANATORY STATEMENT

Presented by
Simon Corbell MLA
Attorney-General

These amendments are circulated under Standing Order 182A on the basis that they are minor and technical in nature.  

Outline of amendments

These amendments, which affect the Road Transport (Vehicle Registration) Act 1999, will form part of the package of amendments to the road transport legislation to give effect to the Government’s decision to remove the requirement for vehicles, other than heavy vehicles, to display a vehicle registration label.  The main amendments to give effect to this reform will be amendments to the Road Transport (Vehicle Registration) Regulation 2000, which will take effect on 1 July 2013.  The amendments to the Justice and Community Safety Legislation Amendment Bill 2013 (No 3) (the Bill) are consequential upon those amending regulations.  They amend references to registration labels in two provisions to clarify that those provisions relate only to registration labels for heavy vehicles.  The relevant provisions are an offence provision in section 22 and the power under section 30 for police officers to enter a vehicle to seize registration labels. 

The amendments to the Road Transport (Vehicle Registration) Act 1999 made by the Bill will commence on a day fixed by the Minister in writing, so that they take effect concurrently with the anticipated amendments to the Road Transport (Vehicle Registration) Regulation 2000.  The remaining provisions in the Bill will commence on the day after its notification day. 

Notes on Clauses 

Government Amendment 1

This amendment provides that new part 1.4 of the Bill, which will be inserted by Government amendment 2, will commence on a day fixed by the Minister in writing.  This will ensure that the amendments can be commenced concurrently with the substantive changes made to the Road Transport (Vehicle Registration) Regulation 2000 that will remove the requirement for light vehicles to display a registration label from 1 July 2013.   

The other provisions of the Bill will commence on the day after its notification day.

Government Amendment 2

New part 1.4—Road Transport (Vehicle Registration) Act 1999

This amendment inserts new part 1.4 into the Bill.  This part includes two items.

Clause 1.4—Section 22 (3)
The first item [1.4] amends section 22 (3) of the Road Transport (Vehicle Registration) Act 1999.  Section 22 is concerned with offences about numberplates and registration labels.  Currently a person commits an offence under that section if he or she, without lawful authority or excuse, removes, defaces, damages or interferes with a registration label that is installed or displayed on a vehicle.  This amendment will mean that a person does not commit an offence by removing a registration label from a vehicle that is no longer required to display that label – that is, a vehicle other than a heavy vehicle.

It will still be an offence for a person to remove or damage a valid registration label required for a heavy vehicle.  Those vehicles are still required to display valid registration labels after 1 July 2013.

Clause 1.5—Section 30 (1) (a)
New amendment [1.5] inserted by this clause amends section 30 (1) (a) of the Road Transport (Vehicle Registration) Act 1999.  This section provides police officers or authorised persons with certain powers to seize numberplates and registration labels.  This amendment will remove the power of a police officer or authorised person to enter or access a vehicle, other than a heavy vehicle, to seize a registration label that is expired or cancelled.  As light vehicles will no longer be required to display a registration label, the power to enter and seize expired or cancelled registration labels is no longer required.