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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Road Traffic Act 1961.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Road Traffic
Act 1961
4 Substitution of section
53A
53A Approval of apparatus as traffic speed
analysers
5 Amendment of section 79B—Provisions applying where
certain offences are detected by photographic detection devices
6 Insertion
of sections 110AB and
110AC
110AB Speed
110AC Intelligent
Access Program
7 Amendment of section 173AA—Reasonable steps
defence
8 Amendment of section 175—Evidence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Miscellaneous) Amendment
Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Road Traffic
Act 1961
Section 53A—delete the section and substitute:
53A—Approval of apparatus as traffic speed
analysers
The Governor may, by regulation, approve apparatus of a specified kind as
traffic speed analysers.
5—Amendment of
section 79B—Provisions applying where certain offences are detected by
photographic detection devices
Section 79B(9a)—delete subsection (9a)
6—Insertion of
sections 110AB and 110AC
After section 110AA insert:
110AB—Speed
(1) The Governor may make regulations to establish a scheme for the
management of speeding by drivers of heavy vehicles.
(2) Without limiting the effect of subsection (1), the regulations
under this section may make provision relating to—
(a) the specifying of, and obligations of, parties in the chain of
responsibility in relation to heavy vehicles; and
(b) powers of police officers and authorised officers in relation to the
enforcement of the regulations.
(3) The regulations under this section may—
(a) make provisions of a savings or transitional nature; and
(b) prescribe penalties, not exceeding $50 000, for offences against
the regulations; and
(c) fix expiation fees, not exceeding $750, for alleged offences against
the regulations.
110AC—Intelligent Access
Program
(1) The Governor may make regulations to establish a scheme to provide
increased access to the road network for heavy vehicles (the Intelligent
Access Program).
(2) Without limiting the effect of subsection (1), the regulations
under this section may make provision relating to—
(a) the monitoring of heavy vehicles for the purposes of the Intelligent
Access Program; and
(b) the keeping, production and inspection of records for the purposes of
the Intelligent Access Program; and
(c) the obligations of persons or bodies involved in the Intelligent
Access Program; and
(d) powers of police officers, authorised officers and other specified
persons in relation to the enforcement of the regulations; and
(e) the recognition of administrative decisions in other jurisdictions in
relation to the Intelligent Access Program.
(3) The regulations under this section may—
(a) provide for and prescribe fees (including the waiving, remission or
refund of such fees) in respect of the Intelligent Access Program; and
(b) make provisions of a savings or transitional nature; and
(c) prescribe penalties, not exceeding $50 000, for offences against
the regulations; and
(d) fix expiation fees, not exceeding $750, for alleged offences against
the regulations.
7—Amendment of
section 173AA—Reasonable steps defence
Section 173AA—after subsection (3) insert:
(4) The regulations may set out circumstances in which a requirement under
this Act to take all reasonable steps to prevent the occurrence of a specified
offence will be taken to have been satisfied.
8—Amendment of
section 175—Evidence
(1) Section 175(3)(ba)(i)—delete "6" and substitute:
27
(2) Section 175(4)—after "mounted in" second occurring
insert:
or on
(3) Section 175(4)—delete "at the particular location with the prior
approval of the Minister"