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TASMANIA
__________
TRAFFIC AMENDMENT (NOTICE OF
DEMAND) BILL 2004
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - TRAFFIC ACT 1925 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part IVB, Division 1 inserted
Division 1 - Notices of demand
43G. Notice of demand
43GA. Statutory declaration naming driver
43GB. Withdrawal of notice of demand
43GC. Suspension of registration on non-compliance
with notice of demand
6. Part IVB, Division 2: Heading inserted
Division 2 - Traffic infringement notices
7. Section 43HB substituted
43HB. Bodies corporate
8. Section 43L amended (Service of notices)
9. Section 43LA repealed
[Bill 35]-II
10. Section 43M amended (Application of penalties in respect
of traffic infringement notices)
11. Part IVB, Division 3: Heading inserted
Division 3 - Miscellaneous
12. Section 43O inserted
43O. Transitional provision
13. Section 43Q amended (Statutory declarations)
PART 3 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
14. Principal Act
15. Section 23 amended (Liability to pay scheduled benefits)
2
TRAFFIC AMENDMENT (NOTICE OF
DEMAND) BILL 2004
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Traffic Act 1925 and the Motor
Accidents (Liabilities and Compensation) Act 1973
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Traffic Amendment (Notice
of Demand) Act 2004.
Commencement
2. This Act commences on a day to be proclaimed.
[Bill 35] 3
s. 3 No. Traffic Amendment (Notice of Demand) 2004
PART 2 - TRAFFIC ACT 1925 AMENDED
Principal Act
3. In this Part, the Traffic Act 1925* is referred to as the
Principal Act.
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended by
inserting after the definition of "motor vehicle race" the
following definition:
"notice of demand" means a notice of demand
served under section 43G;
Part IVB, Division 1 inserted
5. Before section 43H of the Principal Act, the following
Division is inserted in Part IVB:
Division 1 - Notices of demand
Notice of demand
43G. (1) A police officer may serve a notice of
demand on the registered operator of a vehicle if the
police officer is satisfied that the driver of that
vehicle committed a traffic offence.
(2) A notice of demand is to -
(a) indicate the offence to which it relates;
and
*No. 38 of 1925
4
2004 Traffic Amendment (Notice of Demand) No. s. 5
(b) specify the registration number of the
vehicle that was involved in the offence;
and
(c) specify that the registered operator is to
provide to a police officer, within 14 days
after the registered operator is served
with the notice, a statutory declaration
stating the name, address and, if known,
the date of birth and driver licence
number of the driver of the vehicle at
the time the offence was committed.
(3) A registered operator must comply with
the notice of demand.
Penalty: Fine not exceeding 40 penalty units.
Statutory declaration naming driver
43GA. (1) A registered operator providing a
statutory declaration naming the driver of a vehicle
under section 43G(2)(c) is to -
(a) state in the statutory declaration his or
her full name and address; and
(b) state the name, address and, if known,
the date of birth and driver licence
number of the driver of the vehicle at
the time the offence took place.
(2) A statutory declaration provided under
section 43G(2)(c) and naming the driver is prima
facie evidence that the person named in the
statutory declaration as the driver of the vehicle at
the time of the offence was the driver of the vehicle
at that time.
5
s. 5 No. Traffic Amendment (Notice of Demand) 2004
Withdrawal of notice of demand
43GB. (1) A notice of demand that has been served
on a registered operator may, whether or not the
registered operator has provided a statutory
declaration in accordance with the notice, be
withdrawn.
(2) For the purposes of subsection (1), a notice
of demand served on a registered operator is to be
withdrawn by the service on that registered operator
of a withdrawal notice in a form approved by the
Commissioner of Police and signed by a police officer
authorised by the Commissioner of Police.
(3) If a notice of demand is withdrawn
section 43G(3) does not apply.
Suspension of registration on non-compliance
with notice of demand
43GC. (1) In this section -
"non-complying registered operator"
means a body corporate that has not
complied with a notice of demand and
has either -
(a) accepted a traffic infringement
notice for an offence under
section 43G(3) in respect of that
non-compliance; or
(b) been found guilty of that offence
by a court;
"prescribed notice of demand" means the
notice of demand specified in the
6
2004 Traffic Amendment (Notice of Demand) No. s. 5
definition of "non-complying registered
operator";
"suspension event" means -
(a) the acceptance by the non-
complying registered operator of
the traffic infringement notice
specified in the definition of "non-
complying registered operator"; or
(b) a finding by a court that the non-
complying registered operator is
guilty of the offence specified in
that definition.
(2) If -
(a) in the normal course of events the period
of registration of the vehicle specified in
the prescribed notice of demand would
not end, and therefore would not need to
be renewed, within the period of 14 days
commencing on the occurrence of the
suspension event, the registration of the
vehicle is suspended for that 14-day
period; or
(b) in the normal course of events the period
of registration of that vehicle would end,
and therefore would need to be renewed,
within that 14-day period -
(i) the registration of that vehicle is
suspended for that part of that 14-
day period during which the
registration continues; and
(ii) the registration of that vehicle
may not be renewed until that 14-
day period has ended; or
7
s. 6 No. Traffic Amendment (Notice of Demand) 2004
(c) on the occurrence of the suspension
event that vehicle is not registered, that
vehicle may not be registered, or the
registration of that vehicle may not be
renewed, until that 14-day period has
ended; or
(d) on the occurrence of the suspension
event the registration of that vehicle is
suspended, the registration of that
vehicle is further suspended for a period
of 14 days commencing at the end of that
existing suspension.
(3) The penalties imposed by subsection (2) in
respect of an offence under section 43G(3) are in
addition to any other penalty imposed under this Act
in respect of that offence.
Part IVB, Division 2: Heading inserted
6. Part IVB of the Principal Act is amended by inserting
the following heading before section 43H:
Division 2 - Traffic infringement notices
Section 43HB substituted
7. Section 43HB of the Principal Act is repealed and the
following section is substituted:
Bodies corporate
43HB. A traffic infringement notice may be served
on a body corporate.
8
2004 Traffic Amendment (Notice of Demand) No. s. 8
Section 43L amended (Service of notices)
8. Section 43L of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "or notice of
demand" after "notice";
(b) by inserting the following subsection after
subsection (1AA):
(1AAA) For the purposes of
subsection (1AA)(b), if a notice of demand is
served within the 21-day period referred to in
subsection (1AA)(a), a traffic infringement
notice is taken to have been served within that
period.
(c) by inserting in subsection (1AAB) "or a notice
of demand served under subsection (1AAA)"
after "applies".
Section 43LA repealed
9. Section 43LA of the Principal Act is repealed.
Section 43M amended (Application of penalties in
respect of traffic infringement notices)
10. Section 43M of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Part" and
substituting "Division";
(b) by omitting subsection (1A) and substituting
the following subsection:
9
s. 11 No. Traffic Amendment (Notice of Demand) 2004
(1A) Any sums paid to a council clerk
under this Division by way of prescribed
penalty or pursuant to subsection (2) are the
property of the council.
Part IVB, Division 3: Heading inserted
11. Part IVB of the Principal Act is amended by inserting
the following heading after section 43M:
Division 3 - Miscellaneous
Section 43O inserted
12. After section 43N of the Principal Act, the following
section is inserted in Division 3:
Transitional provision
43O. (1) In this section -
"repeal day" means the day on which the
Traffic Amendment (Notice of Demand)
Act 2004 commences;
"repealed section" means section 43HB as
in force immediately before the repeal
day.
(2) Despite the repeal of the repealed section,
that section continues to apply to a traffic
infringement notice served before the repeal day on
a joint registered operator of a motor vehicle or
trailer or on a body corporate if the requirements
under that section and the other provisions of this
Act arising from the service of that notice have not
been met before the repeal day.
10
2004 Traffic Amendment (Notice of Demand) No. s. 13
Section 43Q amended (Statutory declarations)
13. Section 43Q of the Principal Act is amended by
omitting "Evidence Act 2001" and substituting "Oaths Act
2001".
11
s. 14 No. Traffic Amendment (Notice of Demand) 2004
PART 3 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
Principal Act
14. In this Part, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the Principal
Act.
Section 23 amended (Liability to pay scheduled
benefits)
15. Section 23(2B)(a) of the Principal Act is amended by
omitting "Vehicle and Traffic Act 1999" and substituting
"Vehicle and Traffic Act 1999, whether or not that
registration has been suspended under that Act or the
Traffic Act 1925".
*No. 71 of 1973
12 Government Printer, Tasmania