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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Transport Portfolio—Penalties)
Bill 2011
A BILL FOR
An Act to amend the Harbors
and Navigation Act 1993, the Motor
Vehicles Act 1959, and the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Harbors and
Navigation Act 1993
4Amendment of section 70—Alcohol and other
drugs
5Amendment of section 71—Authorised person
may require alcotest or breath analysis
6Amendment of section 72—Authorised
person may require drug screening test, oral fluid analysis and blood
test
7Amendment of section 74—Compulsory blood
tests of injured persons including water skiers
Part 3—Amendment of Motor Vehicles
Act 1959
8Amendment of section 12—Exemption for
certain trailers, agricultural implements and agricultural machines
9Amendment of
section 12B—Exemption of certain vehicles from requirements of
registration and insurance
10Amendment of section 16—Permits to drive
vehicles without registration
11Amendment of section 43A—Temporary
configuration certificate for heavy vehicle
12Amendment of section
48—Certificate of registration and registration label
13Amendment of
section 52—Return or destruction of registration labels
14Amendment of
section 53—Offences in connection with registration labels and
permits
15Amendment of section 70—Return of trade
plates and refunds
16Amendment of section 71—Transfer of
trade plates
17Amendment of section 71B—Replacement of
plates, certificates or labels
18Amendment of section 81B—Consequences of
holder of learner's permit, provisional licence or probationary licence
contravening conditions etc
19Amendment of section 96—Duty to produce
licence or permit
20Amendment of section 98A—Instructors'
licences
21Amendment of section 98V—Cancellation of
permit
22Amendment of section 99A—Insurance
premium to be paid on applications for registration
23Amendment of section
110—Liability of insurer to pay for emergency treatment
24Amendment of
section 124—Duty to cooperate with insurer
25Amendment of section
137—Duty to answer certain questions
26Amendment of section
137A—Obligation to provide evidence of design etc of motor
vehicle
27Amendment of section 138—Obligation to
provide information
28Amendment of section 138B—Effect of
dishonoured cheques etc on transactions under the Act
29Amendment of section
145—Regulations
Part 4—Amendment of Road Traffic
Act 1961
30Amendment of section 45A—Excessive
speed
31Amendment of section 47—Driving under
the influence
32Amendment of section 47B—Driving while
having prescribed concentration of alcohol in blood
33Amendment of section
47BA—Driving with prescribed drug in oral fluid or blood
34Amendment of
section 47E—Police may require alcotest or breath analysis
35Amendment of
section 47EAA—Police may require drug screening test, oral fluid analysis
and blood test
36Amendment of section 47I—Compulsory
blood tests
37Amendment of section 47IA—Certain
offenders to attend lectures
38Amendment of section 79B—Provisions
applying where certain offences are detected by photographic detection
devices
39Amendment of section
110AA—Fatigue
40Amendment of section
110AB—Speed
41Amendment of section 110AC—Intelligent
Access Program
42Amendment of section 176—Regulations and
rules
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Transport
Portfolio—Penalties) Act 2011.
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 Harbors and Navigation
Act 1993
4—Amendment
of section 70—Alcohol and other drugs
(1) Section 70(1), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—
(i) a fine of not less than $1 100 and not more than $1 600;
or
(ii) imprisonment for not more than 3 months;
(b) for a subsequent offence—
(i) a fine of not less than $1 900 and not more than $2 900;
or
(ii) imprisonment for not more than 6 months.
(2) Section 70(2), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—
(i) if the offence is a category 1 offence—$1 100;
(ii) if the offence is a category 2 offence—a fine of not less
than $900 and not more than $1 300;
(iii) if the offence is a category 3 offence—a fine of not less
than $1 100 and not more than $1 600;
(b) for a second offence—
(i) if the offence is a category 1 offence—$1 100;
(ii) if the offence is a category 2 offence—a fine of not less
than $1 100 and not more than $1 600;
(iii) if the offence is a category 3 offence—a fine of not less
than $1 600 and not more than $2 400;
(c) for a subsequent offence—
(i) if the offence is a category 1 offence—$1 100;
(ii) if the offence is a category 2 offence—a fine of not less
than $1 500 and not more than $2 200;
(iii) if the offence is a category 3 offence—a fine of not less
than $1 900 and not more than $2 900.
(3) Section 70(3), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—a fine of not less than $900 and not more
than $1 300;
(b) for a second offence—a fine of not less than $1 100 and not more
than $1 600;
(c) for a third or subsequent offence—a fine of not less than
$1 500 and not more than $2 200.
5—Amendment
of section 71—Authorised person may require alcotest or breath
analysis
(1) Section 71(3), penalty provision—delete "$2 500" and
substitute:
$2 900
(2) Section 71(8), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not more
than $1 600;
(b) for a subsequent offence—a fine of not less than $1 900 and
not more than $2 900.
6—Amendment
of section 72—Authorised person may require drug screening test, oral
fluid analysis and blood test
(1) Section 72(5), penalty provision—delete "$2 500" and
substitute:
$2 900
(2) Section 72(10), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—a fine of not less than $900 and not more
than $1 300;
(b) for a subsequent offence—a fine of not less than $1 500 and
not more than $2 200.
7—Amendment
of section 74—Compulsory blood tests of injured persons including water
skiers
Section 74(18), penalty provision—delete the penalty provision and
substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not more
than $1 600;
(b) for a subsequent offence—a fine of not less than $1 900 and
not more than $2 900.
Part 3—Amendment
of Motor Vehicles
Act 1959
8—Amendment
of section 12—Exemption for certain trailers, agricultural implements and
agricultural machines
Section 12(2c), penalty provision—delete "$250" and
substitute:
$750
9—Amendment
of section 12B—Exemption of certain vehicles from requirements of
registration and insurance
Section 12B(3), penalty provision—delete "$250" and
substitute:
$750
10—Amendment
of section 16—Permits to drive vehicles without
registration
(1) Section 16(9), penalty provision—delete "$125" and
substitute:
$750
(2) Section 16(11), penalty provision—delete "$250" and
substitute:
$750
11—Amendment
of section 43A—Temporary configuration certificate for heavy
vehicle
Section 43A(7), penalty provision—Delete "$125" and
substitute:
$250
12—Amendment
of section 48—Certificate of registration and registration
label
(1) Section 48(1b), penalty provision—delete "$125" and
substitute:
$250
(2) Section 48(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $750.
(3) Section 48(3a), penalty provision—delete "$250" and
substitute:
$750
13—Amendment
of section 52—Return or destruction of registration
labels
Section 52(3), penalty provision—delete "$250" and
substitute:
$750
14—Amendment
of section 53—Offences in connection with registration labels and
permits
Section 53(1) and (1a), penalty provisions—delete "$250" wherever
occurring and substitute in each case:
$750
15—Amendment
of section 70—Return of trade plates and refunds
Section 70(2), penalty provision—delete "$250" and
substitute:
$750
16—Amendment
of section 71—Transfer of trade plates
Section 71(1), penalty provision—delete "$250" and
substitute:
$750
17—Amendment
of section 71B—Replacement of plates, certificates or
labels
Section 71B(2), penalty provision—delete "$250" and
substitute:
$750
18—Amendment
of section 81B—Consequences of holder of learner's permit, provisional
licence or probationary licence contravening conditions etc
Section 81B(3), penalty provision—delete "$125" and
substitute:
$750
19—Amendment
of section 96—Duty to produce licence or permit
Section 96(3), penalty provision—delete "$250" and
substitute:
$750
20—Amendment
of section 98A—Instructors' licences
Section 98A(1), penalty provision—delete "$250" and
substitute:
$750
21—Amendment
of section 98V—Cancellation of permit
Section 98V(3), penalty provision—delete "$250" and
substitute:
$750
22—Amendment
of section 99A—Insurance premium to be paid on applications for
registration
Section 99A(7), penalty provision—delete "$250" and
substitute:
$750
23—Amendment
of section 110—Liability of insurer to pay for emergency
treatment
Section 110(8), penalty provision—delete "$125" and
substitute:
$250
24—Amendment
of section 124—Duty to cooperate with insurer
Section 124(3a), (4) and (5), penalty provisions—delete "$250"
wherever occurring and substitute in each case:
$750
25—Amendment
of section 137—Duty to answer certain questions
Section 137, penalty provision—delete "$250" and
substitute:
$750
26—Amendment
of section 137A—Obligation to provide evidence of design etc of motor
vehicle
Section 137A, penalty provision—delete "$250" and
substitute:
$750
27—Amendment
of section 138—Obligation to provide information
Section 138(4), penalty provision—delete "$250" and
substitute:
$750
28—Amendment
of section 138B—Effect of dishonoured cheques etc on transactions under
the Act
Section 138B(5), penalty provision—delete "$250" and
substitute:
$750
29—Amendment
of section 145—Regulations
(1) Section 145(1)(m)—delete "$1 250" and substitute:
$5 000
(2) Section 145(1)(n)—delete "$750" and substitute:
$1 250
(3) Section 145(1a)(a)—delete "$2 500" and substitute:
$5 000
(4) Section 145(1a)(b)—delete "$210" and substitute:
$1 250
Part 4—Amendment
of Road Traffic
Act 1961
30—Amendment
of section 45A—Excessive speed
Section 45A(1), penalty provision—delete the penalty provision and
substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not more
than $1 500;
(b) for a subsequent offence—a fine of not less than $1 200 and
not more than $1 700.
31—Amendment
of section 47—Driving under the influence
Section 47(1), penalty provision—delete the penalty provision and
substitute:
Penalty:
(a) if the vehicle concerned was a motor vehicle—
(i) for a first offence—
(A) a fine of not less than $1 100 and not more than $1 600;
or
(B) imprisonment for not more than 3 months; and
(ii) for a subsequent offence—
(A) a fine of not less than $1 900 and not more than $2 900;
or
(B) imprisonment for not more than 6 months.
(b) if the vehicle concerned was not a motor vehicle—$500.
32—Amendment
of section 47B—Driving while having prescribed concentration of alcohol in
blood
Section 47B(1), penalty provision—delete the penalty provision and
substitute:
Penalty:
(a) for a first offence—
(i) being a category 1 offence—$1 100;
(ii) being a category 2 offence—a fine of not less than $900 and not
more than $1 300;
(iii) being a category 3 offence—a fine of not less than $1 100
and not more than $1 600.
(b) for a second offence—
(i) being a category 1 offence—$1 100;
(ii) being a category 2 offence—a fine of not less than $1 100
and not more than $1 600;
(iii) being a category 3 offence—a fine of not less than $1 600
and not more than $2 400.
(c) for a third or subsequent offence—
(i) being a category 1 offence—$1 100;
(ii) being a category 2 offence—a fine of not less than $1 500
and not more than $2 200;
(iii) being a category 3 offence—a fine of not less than $1 900
and not more than $2 900.
33—Amendment
of section 47BA—Driving with prescribed drug in oral fluid or
blood
Section 47BA(1), penalty provision—delete the penalty provision and
substitute:
Penalty:
(a) for a first offence—a fine of not less than $900 and not more
than $1 300;
(b) for a second offence—a fine of not less than $1 100 and not more
than $1 600;
(c) for a third or subsequent offence—a fine of not less than
$1 500 and not more than $2 200.
34—Amendment
of section 47E—Police may require alcotest or breath
analysis
(1) Section 47E(2a)—at the foot of subsection (2a) insert:
Maximum penalty: $2 900.
(2) Section 47E(3), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—a fine of not less than $1 100 and not more
than $1 600;
(b) for a subsequent offence—a fine of not less than $1 900 and
not more than $2 900.
35—Amendment
of section 47EAA—Police may require drug screening test, oral fluid
analysis and blood test
(1) Section 47EAA(4)—at the foot of subsection (4) insert:
Maximum penalty: $2 900.
(2) Section 47EAA(9), penalty provision—delete the penalty provision
and substitute:
Penalty:
(a) for a first offence—a fine of not less than $900 and not more
than $1 300;
(b) for a subsequent offence—a fine of not less than $1 500 and
not more than $2 200.
36—Amendment
of section 47I—Compulsory blood tests
Section 47I(14), penalty provision—delete the penalty provision and
substitute:
Penalty:
(a) where the convicted person was the driver of a motor vehicle involved
in the accident—
(i) for a first offence—a fine of not less than $1 100 and not
more than $1 600;
(ii) for a subsequent offence—a fine of not less than $1 900
and not more than $2 900.
(b) in any other case—$500.
37—Amendment
of section 47IA—Certain offenders to attend lectures
Section 47IA(2), penalty provision—delete "$100" and
substitute:
$250.
38—Amendment
of section 79B—Provisions applying where certain offences are detected by
photographic detection devices
Section 79B(2), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) if the vehicle appears to have been involved in a red light offence
and a speeding offence arising out of the same incident—
(i) where the owner is a body corporate—$5 000;
(ii) where the owner is a natural person—$4 000.
(b) in any other case—
(i) where the owner is a body corporate—$4 000;
(ii) where the owner is a natural person—$3 000.
39—Amendment
of section 110AA—Fatigue
Section 110AA(3)(f)—delete "$750" and substitute:
$1 250
40—Amendment
of section 110AB—Speed
Section 110AB(3)(c)—delete "$750" and substitute:
$1 250
41—Amendment
of section 110AC—Intelligent Access Program
Section 110AC(3)(d)—delete "$750" and substitute:
$1 250
42—Amendment
of section 176—Regulations and rules
(1) Section 176(1a)(i)—delete "$2 500" and substitute:
$5 000
(2) Section 176(1a)(j) and (2a)(b)—delete "$750" wherever occurring
and substitute in each case:
$1 250