Australian Capital Territory
Road Transport Legislation Amendment Regulation 2010 (No 4)
Subordinate Law SL2010-33

The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999.
Dated 29 July 2010.
Jon Stanhope
Minister
Andrew Barr
Minister

Australian Capital Territory
Road Transport Legislation Amendment Regulation 2010 (No 4)
Subordinate Law SL2010-33
made under the
Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999

    
    
Contents
	Page

Part 1	Preliminary
	1	Name of regulation	1
	2	Commencement	1
	3	Legislation amended	1
Part 2	Road Transport (General) Regulation 2000
	4	New section 7	2
Part 3	Road Transport (Safety and Traffic Management) Regulation 2000
	5	Division 2.2.1, note 3, table, new item 6A	4
	6	Section 33 (1), definition of authorised person	4

Part 1	Preliminary
1	Name of regulation
This regulation is the Road Transport Legislation Amendment Regulation 2010 (No 4).
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Road Transport (General) Regulation 2000 and the Road Transport (Safety and Traffic Management) Regulation 2000.

Part 2	Road Transport (General) Regulation 2000
4	New section 7
insert
7	Exemptions etc for protective service officers—appointment and identity cards
	(1)	A protective service officer is an authorised person for the Australian Road Rules, rule 304 (Direction by a police officer or authorised person).
	(2)	The Road Transport (General) Act 1999, section 20 does not apply to an authorised person who is a protective service officer. 
Note	Section 20 requires an authorised person to be issued with an identity card. A protective service officer’s AFP-issued identity card is equivalent to an identity card issued for s 20.
	(3)	The Road Transport (General) Act 1999, section 21 does not apply to an authorised person who is a protective service officer while the person is giving a direction under the Australian Road Rules, rule 304.
Note 1	Section 21 requires an authorised person to show the person’s identity card before exercising a function under the road transport legislation.
Note 2	ARR r 304 requires a person to obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person. 
	(4)	However, before giving a direction to someone (the directed person) under the Australian Road Rules, rule 304, the authorised person must show the directed person the authorised person’s AFP‑issued identity card, if it is reasonably practicable in the circumstances to do so. 
	(5)	In this section:
AFP-issued identity card, for a protective service officer, means the identity card issued to the protective service officer for the officer’s functions under the Australian Federal Police Act 1979 (Cwlth).
protective service officer—see the Australian Federal Police Act 1979 (Cwlth), section 4 (1).

Part 3	Road Transport (Safety and Traffic Management) Regulation 2000
5	Division 2.2.1, note 3, table, new item 6A
insert
6A	304	Road Transport (General) Regulation 2000, s 6 and s 7	
6	Section 33 (1), definition of authorised person
omit
appointed as an authorised officer
substitute
appointed as, or prescribed to be, an authorised person

Endnotes
1	Notification
	Notified under the Legislation Act on 5 August 2010.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010