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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Transport Portfolio)
Bill 2013
A BILL FOR
An Act to amend the Motor
Vehicles Act 1959 and the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Motor Vehicles
Act 1959
4Amendment of section 24—Duty to grant
registration
5Amendment of section 58—Transfer of
registration
6Amendment of section
81AB—Probationary licences
7Amendment of section
81B—Consequences of holder of learner's permit, provisional licence or
probationary licence contravening conditions
8Amendment of
section 81BA—Safer Driver Agreements
9Amendment of
section 81BB—Appeals to Magistrate Court
10Amendment of section
82—Vehicle offences and unsuitability to be granted or hold licence or
permit
11Amendment of section 98ZA—Appeal to
District Court
12Amendment of section 139—Inspection
of motor vehicles
13Amendment of section 139AA—Where
vehicle suspected of being stolen
14Transitional provisions
Part 3—Amendment of Road Traffic
Act 1961
15Amendment of section
5—Interpretation
16Insertion of section
79BA
79BAInstallation etc of
photographic detection devices
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Transport Portfolio)
Act 2013.
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 Motor Vehicles
Act 1959
4—Amendment
of section 24—Duty to grant registration
(1) Section 24(2)(b)—delete paragraph (b) and
substitute:
(b) to ascertain whether—
(i) the vehicle complies with an Act or law that regulates the design,
construction or maintenance of such a vehicle; or
(ii) the vehicle would, if driven on a road, put the safety of persons
using the road at risk; or
(iii) the vehicle or part of the vehicle is or may be stolen.
(2) Section 24(3)(c)—after "vehicle" insert:
or part of the vehicle
5—Amendment
of section 58—Transfer of registration
(1) Section 58(3)(b)—delete paragraph (b) and
substitute:
(b) to ascertain whether—
(i) the vehicle complies with an Act or law that regulates the design,
construction or maintenance of such a vehicle; or
(ii) the vehicle would, if driven on a road, put the safety of persons
using the road at risk; or
(iii) the vehicle or part of the vehicle is or may be stolen.
(2) Section 58(4)(c)—after "vehicle" insert:
or part of the vehicle
6—Amendment
of section 81AB—Probationary licences
(1) Section
81AB(1)(c)—delete paragraph (c)
(2) Section
81AB(3b)(a)—delete paragraph (a) and substitute:
(a) a period of 12 months or double the period for which the licence
would have been required to be subject to the alcohol interlock scheme
conditions had a licence subject to such conditions been issued (whichever is
the longer period); or
7—Amendment
of section 81B—Consequences of holder of learner's permit, provisional
licence or probationary licence contravening conditions
Section 81B(1)(c)—delete paragraph (c) and substitute:
(c) demerit points are incurred by a person and, in
consequence—
(i) the total number of demerit points recorded against the person in
respect of offences committed or allegedly committed while the holder of a
learner's permit or provisional licence equals or exceeds 4; or
(ii) the total number of demerit points recorded against the person in
respect of offences committed or allegedly committed while the holder of a
probationary licence equals or exceeds 2,
8—Amendment
of section 81BA—Safer Driver Agreements
(1) Section 81BA(1)—delete "who holds a provisional licence is given
a notice of disqualification under section 81B" and substitute:
has been or is liable to be given a notice of disqualification under
section 81B as a consequence of an offence committed or allegedly committed
while the holder of a provisional licence
(2) Section 81BA(2)—delete subsection (2) and
substitute:
(2) A Safer Driver
Agreement may be entered into by a person as follows:
(a) the person must
give notice to the Registrar, in accordance with the regulations, of his or her
intention to enter into the Safer Driver Agreement—
(i) within 21 days of the day specified in the notice of
disqualification; or
(ii) with the permission of the Registrar, within 28 days of the day
specified in the notice of disqualification;
(b) if the person has given notice in accordance with
paragraph (a), the
Safer Driver Agreement will be taken to have been entered into by the
person—
(A) if the notice of disqualification was served personally on the
person—the day on which the person was so served; or
(B) in any other case—the day specified in the notice of
disqualification; or
(ii) if, on the day referred to in
subparagraph (i),
the person is already disqualified from holding or obtaining a licence or
permit—on the termination of that prior disqualification.
9—Amendment
of section 81BB—Appeals to Magistrate Court
(1) Section 81BB(2)(a)—delete paragraph (a) and
substitute:
(a) the person is, or was, entitled to elect to enter into a Safer Driver
Agreement in accordance with section 81BA in lieu of suffering the
disqualification; or
(ab) the person has, within the preceding period of 5 years, been
disqualified from holding or obtaining a permit or licence in accordance with
section 81BA(4); or
(2) Section 81BB(8)(c)—delete "or probationary licence"
(3) Section 81BB(8)—after paragraph (c) insert:
or
(ca) a person incurs demerit points in respect of an offence committed or
allegedly committed while the holder of a probationary licence issued on an
application referred to in subsection (7)(c) and, in consequence, the total
number of demerit points recorded against the person in respect of offences
committed or allegedly committed while the holder of that licence equals or
exceeds 2,
10—Amendment
of section 82—Vehicle offences and unsuitability to be granted or hold
licence or permit
Section 82—after its present contents (now to be designated as
subsection (1)) insert:
(2) If the Registrar has refused to issue a licence or permit to a person,
or to renew a person's licence or permit, or has cancelled a person's licence or
permit, in accordance with this section, the Registrar may refuse to consider
further applications by the person for the issue or renewal of a licence or
permit if—
(a) it appears to the Registrar that the person is acting in a frivolous
or vexatious manner in making the applications; or
(b) the person has failed to provide evidence that satisfies the Registrar
that it no longer appears that the person should not hold a licence or permit in
order to prevent accident or injury or a repetition of the offence or offences
by the person.
11—Amendment
of section 98ZA—Appeal to District Court
Section 98ZA(2)—delete subsection (2) and substitute:
(2) If the
Registrar or review committee does not give reasons in writing for a decision on
a review when the decision is made, the Registrar or committee must do so within
1 month of the making of a request by a person affected by the decision
(provided that the request is made within 1 month of the making of the
decision).
12—Amendment
of section 139—Inspection of motor vehicles
(1) Section 139(1)(ab)—delete paragraph (ab) and
substitute:
(ab) where an application to register, or transfer the registration of, a
motor vehicle has been made, examine the motor vehicle for the purpose of
ascertaining whether—
(i) the vehicle complies with an Act or law that regulates the design,
construction or maintenance of such a vehicle; or
(ii) the vehicle would, if driven on a road, put the safety of persons
using the road at risk; or
(iii) the vehicle or part of the vehicle is or may be stolen;
(2) Section 139(1)(ac)(ii)—delete subparagraph (ii) and
substitute:
(ii) ascertaining whether—
(A) the vehicle complies with an Act or law that regulates the design,
construction or maintenance of such a vehicle; or
(B) the vehicle would, if driven on a road, put the safety of persons
using the road at risk; or
(C) the vehicle or part of the vehicle is or may be stolen;
13—Amendment
of section 139AA—Where vehicle suspected of being
stolen
Section 139AA—after "vehicle" second occurring insert:
or part of the vehicle
(1) The amendment to section 81AB of the principal Act effected by
section 6(1) of this
Act applies in relation to a probationary licence in force on or after the
commencement of
section 6(1).
(2) The amendment to section 81AB of the principal Act effected by
section 6(2) of this
Act applies in relation to a licence issued following a disqualification ordered
by a court after the commencement of
section 6(2).
(3) The amendment to section 81B of the principal Act effected by
section 7 of this
Act applies in relation to demerit points incurred before or after the
commencement of
section 7.
(4) The amendments to sections 81BA of the principal Act effected by
section 8 of this
Act apply in relation to a notice of disqualification issued after the
commencement of
section 8.
(5) The amendments to sections 81BB of the principal Act effected by
section 9 of this
Act apply in relation to a notice of disqualification issued after the
commencement of
section 9.
(6) In this section—
principal Act means the Motor
Vehicles Act 1959.
Part 3—Amendment
of Road Traffic
Act 1961
15—Amendment
of section 5—Interpretation
Section 5(1), definition of bicycle, (a)
and (b)—delete paragraphs (a) and (b) and
substitute:
(a) includes a pedicab, penny-farthing, scooter, tricycle and unicycle;
and
(b) includes a power assisted pedal cycle (within the meaning of vehicle
standards determined under the Motor Vehicle Standards Act 1989 of
the Commonwealth); but
(c) does not include a wheelchair, wheeled recreational device, wheeled
toy, or any vehicle (other than a vehicle referred to in paragraph (b))
with an auxiliary motor capable of generating a power output over 200 watts
(whether or not the motor is operating);
After section 79B insert:
79BA—Installation etc of photographic detection
devices
(1) The Commissioner of Highways may, with the approval of the Minister,
install, maintain, alter or remove or cause to be installed, maintained, altered
or removed, a photographic detection device on, above or near a road.
(2) In proceedings for an offence against this or any other Act, a
photographic detection device proved to have been on, above or near a road will
be conclusively presumed to have been lawfully installed there under this
Act.