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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 2017
A BILL FOR
An Act to amend the
Expiation
of Offences Act 1996
, the
Motor
Vehicles Act 1959
and the
Road
Traffic Act 1961
.
Contents
Part 2—Amendment of Expiation of
Offences Act 1996
4Amendment of section 11—Expiation reminder
notices
5Amendment of section 11A—Expiation
enforcement warning notices
6Amendment of section 16—Withdrawal of
expiation notices
Part 3—Amendment of Motor Vehicles
Act 1959
7Amendment of section
5—Interpretation
8Amendment of section 81A—Provisional
licences
9Amendment of section 81AB—Probationary
licences
12Amendment of section 83—Consequences of
certain orders or administrative actions outside State
13Amendment of Schedule 1—Evidence
obtained by photographic detection device
Part 4—Amendment of Road Traffic
Act 1961
15Amendment of section 40L—Manner of
giving directions under Subdivision
16Substitution of heading to Part 2 Division 5
Subdivision 3
40NARemoval of
unattended vehicles unlawfully standing at certain places
18Amendment of section 40P—Notice of
removal and disposal of vehicle if unclaimed
21Amendment of section 174A—Liability of
vehicle owners and expiation of certain offences
174CACouncil may
fix expiation fees for offences against prescribed provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Transport Portfolio)
Act 2017.
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 Expiation of Offences
Act 1996
4—Amendment
of section 11—Expiation reminder notices
(1) Section 11(1)—before "statutory declaration" insert:
nomination,
(2) Section 11(1a)—delete subsection (1a) and substitute:
(2) An expiation reminder notice—
(a) must specify the amount of the expiation fee and to whom the expiation
fee is payable; and
(b) must be accompanied by—
(i) a notice in the prescribed form by which the alleged offender may
elect to be prosecuted for the offence or any of the offences to which the
notice relates; and
(ii) if the notice is issued to the owner of a motor vehicle involved in
the alleged offence and the expiation reminder notice is required to be
accompanied by a notice relating to the owner sending the issuing authority a
nomination, statutory declaration or other document—a form suitable for
use as the nomination, statutory declaration or other document (as the case may
require).
5—Amendment
of section 11A—Expiation enforcement warning notices
(1) Section 11A(1)—before "statutory declaration" insert:
nomination,
(2) Section 11A(2)(a)—before "statutory declaration"
insert:
nomination,
6—Amendment
of section 16—Withdrawal of expiation notices
Section 16(1)(ab)—before "statutory declaration" insert:
nomination,
Part 3—Amendment
of Motor Vehicles
Act 1959
7—Amendment
of section 5—Interpretation
Section 5—after subsection (7) insert:
(8) For the purposes of this Act (other than section 81A), in determining
the period for which a person has held a licence, learner's permit, foreign
licence, interstate licence or interstate learner's permit, any period during
which the person's licence or permit has been suspended under this Act or
another law of this State is not to be taken into account (unless the suspension
came into operation before the commencement of this subsection).
8—Amendment
of section 81A—Provisional licences
Section 81A—after subsection (21) insert:
(22) For the purposes of this section—
(a) in determining the period for which a person has held a
P1 licence or P2 licence or whether a person has completed a
P1 qualifying period or a P2 qualifying period, any period during
which the person's licence has been suspended under this Act or another law of
this State is not to be taken into account; and
(b) in determining the period for which a person has held a
non-provisional licence or non-provisional interstate licence, any period during
which the person's licence has been suspended under this Act or another law of
this State is not to be taken into account,
unless the suspension came into operation before the commencement of this
subsection.
9—Amendment
of section 81AB—Probationary licences
Section 81AB—after subsection (7) insert:
(8) For the purposes of this section, in determining the period for which
conditions imposed under this section have been effective on a licence, any
period during which the licence has been suspended under this Act or another law
of this State is not to be taken into account (unless the suspension came into
operation before the commencement of this subsection).
10—Amendment
of section 81E—Circumstances in which licence will be subject to mandatory
alcohol interlock scheme conditions
(1) Section 81E(3)(c)(i)(A)—before "a period" insert:
subject to subsubparagraph (AB),
(2) Section 81E(3)(c)(i)—after subsubparagraph (A) insert:
(AB) in the case of an order made under section 47IAA(9)(e)(i) of the
Road
Traffic Act 1961
—the period equal to the period of disqualification for the offence
ordered by the court; or
(3) Section 81E(6)—after paragraph (b) insert:
(c) any period during which the person's licence was suspended under this
Act or another law of this State (unless the suspension came into operation
before the commencement of this paragraph).
11—Amendment
of section 81G—Cessation of licence subject to mandatory alcohol interlock
scheme conditions
Section 81G—after its present contents (now to be designated as
subsection (1)) insert:
(2) For the purposes of subsection (1)—
(a) a person ceases to hold a licence if the licence is suspended under
this Act or another law of this State;
(b) in determining a period for which mandatory alcohol interlock scheme
conditions have applied in relation to a person, any period during which the
person's licence has been suspended under this Act or another law of this State
is not to be taken into account (unless the suspension came into operation
before the commencement of this subsection).
12—Amendment
of section 83—Consequences of certain orders or administrative actions
outside State
(1) Section 83(2)—delete subsection (2) and substitute:
(2) If the Registrar becomes aware that, under a law of another State or
Territory of the Commonwealth, an order has been made or administrative action
has been taken that results in—
(a) a person's licence or other authority to drive a motor vehicle in that
State or Territory being suspended; or
(b) a person being disqualified from holding or obtaining a licence or
other authority to drive a motor vehicle in that State or Territory,
the Registrar must refuse to issue a licence or learner's permit to the
person during the period of suspension or disqualification.
(2) Section 83(4)—delete subsection (4) and substitute:
(4) If the Registrar becomes aware that, under a law of another country,
an order has been made or administrative action has been taken that results
in—
(a) a person's licence or other authority to drive a motor vehicle in that
country being suspended; or
(b) a person being disqualified from holding or obtaining a licence or
other authority to drive a motor vehicle in that country,
the Registrar may refuse to issue a licence or learner's permit to the
person during the period of suspension or disqualification.
13—Amendment
of Schedule 1—Evidence obtained by photographic detection
device
(1) Schedule 1, clause 2(1)—delete "7" and substitute:
14
(2) Schedule 1, clause 2(2)—delete "7" and substitute:
14
Part 4—Amendment
of Road Traffic
Act 1961
14—Amendment
of section 40J—Direction to move vehicle if danger, obstruction or
unlawfully standing on road
(1) Section 40J(1)—after paragraph (c) insert:
or
(d) unlawfully standing on a portion of a prescribed road that is a
prescribed place.
(2) Section 40J(2)—delete subsection (2) and substitute:
(2) The officer may direct the driver or operator of the vehicle to do
either or both of the following:
(a) to move the vehicle, or cause it to be moved or towed, to the extent
necessary to—
(i) avoid the harm or obstruction; or
(ii) ensure that the vehicle is not unlawfully standing on a
road;
(b) to do anything else reasonably required by the officer, or to cause
anything else reasonably required by the officer to be done, to—
(i) avoid the harm or obstruction; or
(ii) ensure that the vehicle is not unlawfully standing on a
road.
(3) Section 40J—after subsection (4) insert:
(5) In this section—
authorised officer has the meaning assigned to the term by
section 5, and includes a person, or person of a class, authorised by the
Minister for the purposes of this section;
prescribed road means—
(a) a road that is under the care, control and management of the
Commissioner of Highways; or
(b) a road, or road of a class, prescribed by the regulations for the
purposes of this section.
15—Amendment
of section 40L—Manner of giving directions under
Subdivision
Section 40L(1)—delete the subsection and substitute:
(1) A direction under this Subdivision may be given to a driver orally, by
telephone or electronic mail, by means of a sign or signal (electronic or
otherwise), or in any other manner.
16—Substitution
of heading to Part 2 Division 5 Subdivision 3
Heading to Part 2 Division 5 Subdivision 3—delete the heading and
substitute:
Subdivision 3—Power to move or remove vehicles if
danger, obstruction or unlawfully standing at certain
places
After section 40N insert:
40NA—Removal of unattended vehicles unlawfully
standing at certain places
(1) If an authorised officer believes on reasonable grounds that a light
vehicle is unattended and unlawfully standing on a portion of a prescribed road
that is a prescribed place—
(a) the officer may authorise a person to remove the vehicle by moving or
towing it to a place (not being more than 1 kilometre away from the place
where the vehicle was found unattended) that, in the opinion of the officer, is
the nearest convenient place at which the vehicle may lawfully stand
without—
(i) causing harm, or creating a risk of harm, to public safety, the
environment or road infrastructure; or
(ii) causing or being likely to cause an obstruction to traffic or any
event lawfully authorised to be held at that place; or
(iii) obstructing or hindering, or being likely to obstruct or hinder,
vehicles from entering or leaving land adjacent to the place; or
(b) if—
(i) in the opinion of the officer, there is no convenient place within 1
kilometre from the place where the vehicle was found unattended at which the
vehicle may lawfully stand; or
(ii) the vehicle cannot be secured against theft of the vehicle or its
contents,
the officer may authorise a person to remove the vehicle by moving or
towing it to a place that is used as a repository for vehicles that are removed
under this section.
(2) If an authorised officer authorises the removal of a vehicle under
this section, the officer may—
(a) authorise a person to enter the vehicle for the purpose of removing
the vehicle; or
(b) in the case of a vehicle that is a combination—authorise a
person to separate any or all of the vehicles forming part of the combination
for the purpose of removing any or all of the vehicles.
(3) If an authorised officer authorises the removal of a vehicle under
this section, a person engaged to move or tow away the vehicle may take such
action as is necessary or reasonable to facilitate the moving or towing of the
vehicle in a manner that does the least damage to the vehicle.
(4) A person engaged to move or tow away a vehicle under this section must
not remove the vehicle unless there is in force a current policy of public
liability insurance indemnifying the owner of the vehicle being removed in an
amount not less than the prescribed amount in relation to any damage to the
vehicle or other property belonging to the owner of the vehicle caused by, or
arising out of, the driving or towing of the vehicle in connection with its
removal under this section.
Maximum penalty: $10 000.
(5) A person engaged to move or tow away a vehicle under this section
must—
(a) take all reasonable steps to secure the vehicle against theft of the
vehicle or its contents; and
(b) take all reasonable steps to ensure that the vehicle is not damaged by
moving or towing it; and
(c) take photographs showing the condition of the vehicle at the place to
which it had been moved or towed.
(6) If a vehicle—
(a) is removed by towing under this section; or
(b) is attached to a towtruck for the purpose of being removed under this
section,
the owner of the vehicle must pay to the Minister a tow-away charge of an
amount determined by the Minister.
(7) A tow-away charge must be paid within such period, and in such manner,
as is determined by the Minister.
(8) A person engaged to tow away a vehicle under this section must ensure
that a written notice specifying the tow-away charge payable by the owner of the
vehicle and the period within which it must be paid is attached to the vehicle
after it has been removed under this section.
(9) The Minister may waive or reduce a tow-away charge if satisfied that
it is appropriate to do so in a particular case.
(10) A tow-away charge payable under this section may be recovered by the
Minister as a debt.
(11) In this section—
authorised officer has the meaning assigned to the term by
section 5, and includes, in relation to a vehicle that is unattended and
unlawfully standing on a portion of a prescribed road that is a prescribed
place, a person, or person of a class, authorised by the Minister for the
purposes of this section;
prescribed road means—
(a) a road that is under the care, control and management of the
Commissioner of Highways; or
(b) a road, or road of a class, prescribed by the regulations for the
purposes of this section.
18—Amendment
of section 40P—Notice of removal and disposal of vehicle if
unclaimed
(1) Section 40P(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) This section applies if a light vehicle is removed under section 40N
or 40NA.
(2) The person who removed the vehicle—
(a) must ensure that, forthwith after the removal of the vehicle, the
owner of the vehicle is notified, in the prescribed manner—
(i) of the removal of the vehicle and of the place to which the vehicle
was removed; and
(ii) if the owner of the vehicle is liable to pay the Minister a tow-away
charge in connection with the removal of the vehicle—of the amount of the
tow-away charge and the period within which it must be paid; and
(b) must comply with any requirements prescribed by the
regulations.
(2) Section 40P(7), definition of relevant authority,
(c)—delete paragraph (c) and substitute:
(c) in relation to a vehicle removed—
(i) by a person, or a person of a class, authorised by the Minister;
or
(ii) by a person authorised by a person referred to in subparagraph
(i),
the Minister.
19—Amendment
of section 47IAA—Power of police to impose immediate licence
disqualification or suspension
(1) Section 47IAA(9)(e)—delete paragraph (e) and
substitute:
(e) despite any other provision of this or any other Act, the court must,
in determining the period, take into account the period of licence
disqualification or suspension that has applied to the person as a result of the
notice and may for that purpose—
(i) if the relevant period of licence disqualification or suspension under
the notice has not ended, order that the period imposed be taken to have
commenced on the day on which the relevant period commenced (provided that the
period imposed is not less than the mandatory minimum period of
disqualification); or
(ii) if the relevant period of licence disqualification or suspension
under the notice has ended, impose a period that is less than the mandatory
period of disqualification (provided that the period imposed is not less than
the difference between the mandatory minimum of disqualification and the period
that has applied as a result of the notice),
and if the person is the holder of a driver's licence, the licence will be
taken to have been cancelled—
(iii) where subparagraph (i) applies—from the day on which the order
of the court is made; or
(iv) where subparagraph (ii) applies—from the commencement of the
period of disqualification ordered by the court.
(2) Section 47IAA—after subsection (18) insert:
(19) If the
Commissioner of Police is satisfied that a notice of immediate licence
disqualification or suspension under this section should not have been given
because—
(a) the notice has been given to a particular person in error;
or
(b) the notice is defective; or
(c) there is other proper cause for which the notice should not have been
given,
the Commissioner may authorise the withdrawal of the notice.
(20) A withdrawal
referred to in
subsection (19)
is effected by giving notice of the withdrawal, in a manner and form
determined by the Commissioner, to the person to whom the notice of immediate
licence disqualification or suspension was given.
(21) The notice of withdrawal must specify the reason for
withdrawal.
(22) If a notice of
immediate licence disqualification or suspension under this section is withdrawn
in accordance with
subsection (19)
, the Commissioner of Police may, if satisfied that there are proper
grounds to give a fresh notice of immediate licence disqualification or
suspension to any person, authorise the giving of such a notice (provided that
the relevant period for the fresh notice must, if it is given to the same person
as was given the withdrawn notice, be reduced by the period for which the
withdrawn notice was (or purported to be) in operation).
(23) If a notice of
immediate licence disqualification or suspension under this section is withdrawn
in accordance with
subsection (19)
, or a fresh notice is given in accordance with
subsection (22)
, the Commissioner must, by further notice given in a manner and form
determined by the Commissioner, advise the Registrar forthwith of the action so
taken and the reason for it.
20—Amendment
of section 79B—Provisions applying where certain offences are detected by
photographic detection devices
(1) Section 79B(2)(b)—delete paragraph (b) and substitute:
(b) that a nomination made in a manner and form approved by the Minister
and stating the name and address of some person other than the owner who was
driving the vehicle at the time has been given—
(i) by the owner; or
(ii) if the owner is a body corporate—by an officer of the body
corporate acting with the authority of the body corporate,
to the Commissioner of Police—
(iii) within 28 days after an expiation notice in respect of the offence
is given to the owner; or
(iv) if an expiation notice is not given—within 28 days after a
summons in respect of the offence is given to the owner,
(or within such longer period as the Commissioner may allow if satisfied
that exceptional circumstances exist in the particular case); or
(2) Section 79B(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) where the owner is a body corporate—$10 000;
(b) where the owner is a natural person—$5 000.
(3) Section 79B(2a)(a)(i)—delete subparagraph (i) and
substitute:
(i) where the owner is a body corporate—the amount obtained by
multiplying by 5 an amount equal to the sum of the amount of the expiation fees
for such alleged offences where the owner is a natural person;
(4) Section 79B(2a)(b)(i)—delete subparagraph (i) and
substitute:
(i) where the owner is a body corporate—the amount obtained by
multiplying by 5 an amount equal to the amount of the expiation fee for the
alleged offence in which the vehicle appears to have been involved where the
owner is a natural person;
(5) Section 79B(5)(b)—delete paragraph (b) and substitute:
(b) a statement that the Commissioner of Police will, in relation to the
question of withdrawal of the expiation notice, reminder notice or complaint,
give due consideration to any exculpatory evidence that—
(i) is given to the Commissioner within a period specified in the notice;
and
(ii) if required by the Commissioner—is verified by statutory
declaration; and
(6) Section 79B(6a) and (6b)—delete subsections (6a) and (6b) and
substitute:
(6a) If—
(a) an expiation notice for a prescribed offence is given to a person
named as the alleged driver in a nomination under this section; or
(b) proceedings for a prescribed offence are commenced against a person
named as the alleged driver in a nomination under this section,
the notice or summons, as the case may be, must be accompanied by a notice
setting out particulars of the nomination that named the person as the alleged
driver.
(6b) The particulars of the nomination provided to the person named as the
alleged driver must not include the address of the person who made the
nomination.
(7) Section 79B—after subsection (11) insert:
(12) The Commissioner of Police may require a person who makes a
nomination under this section to verify the information contained in the
nomination by statutory declaration.
(13) If the Commissioner of Police believes that a nomination under this
section has been made in error, the Commissioner may permit the nomination to be
withdrawn and a new nomination to be made.
(14) A person must not, in making a nomination for the purposes of this
section, make a statement that is false or misleading in a material
particular.
Maximum penalty: $25 000 or imprisonment for 4 years.
21—Amendment
of section 174A—Liability of vehicle owners and expiation of certain
offences
(1) Section 174A—delete "statutory declaration" wherever occurring
and substitute in each case:
nomination
(2) Section 174A—after subsection (4) insert:
(4a) If the council or officer specified in the notice under subsection
(4) believes that a nomination made in response to the notice has been made in
error, the council or officer (as the case may be) may permit the nomination to
be withdrawn and a new nomination to be made.
(3) Section 174A—after subsection (5) insert:
(5a) A council or officer to whom a nomination is provided in response to
a notice under subsection (4) or (5) may require the person who made the
nomination to verify the information contained in the nomination by statutory
declaration.
(5b) If the complainant believes that a nomination made in response to the
notice under subsection (5) has been made in error, the complainant may permit
the nomination to be withdrawn and a new nomination to be made.
(4) Section 174A(8)—delete "declaration" and substitute:
nomination
(5) Section 174A(10)—delete "declaration" second occurring and
substitute:
nomination
(6) Section 174A—after subsection (11) insert:
(12) A nomination under this section must be made in a manner and form
approved by the Minister.
(13) A person must not, in making a nomination for the purposes of this
section, make a statement that is false or misleading in a material
particular.
Maximum penalty: $25 000 or imprisonment for 4 years.
After section 174C insert:
174CA—Council may fix expiation fees for offences
against prescribed provisions
(1) Subject to this
section, a council may—
(a) fix an expiation fee for an alleged offence against a prescribed
provision of this Act that is committed within the area of the council;
or
(b) vary or revoke such a fee.
(2) An expiation fee under
subsection (1)
must be fixed, varied or revoked in a manner and form prescribed by, and
in accordance with, the regulations.
(3) If an expiation fee is fixed under this section for an alleged offence
against a prescribed provision of this Act that is committed within the area for
which the expiation fee is so fixed, that fee will be taken to be the expiation
fee for the alleged offence if committed within that area despite any other
expiation fee that may be fixed for the alleged offence under a provision of
this Act other than this section.
(4) This section applies despite any other provision of this
Act.
(5) The Governor may make regulations dealing with matters relating to
fixing, varying or revoking expiation fees under this section.