Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
TRAFFIC (DOUBLE DEMERIT POINTS) BILL 2009
________________________
CONTENTS
1. Short title
2. Commencement
3. Definitions
4. Demerit points for offences
5. Certificate of Minister admissible
6. Review of Act
7. Regulations
8. Administration of Act
TRAFFIC (DOUBLE DEMERIT POINTS) BILL 2009
(Brought in by Jeremy Page Rockliff)
A BILL FOR
An Act to provide that double demerit points shall apply on prescribed days to
certain traffic offences and for related purposes
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:
1. Short title
This Act may be cited as the Traffic (Double Demerit Points) Act
2009.
2. Commencement
This Act commences on a day to be fixed by proclamation.
3. Definitions
In this Act, unless the contrary intention appears -
"Commissioner" has the same meaning as in the Police Service
Act 2003;
"double demerit period" means -
(a) a period commencing at 12.01 a.m. on the day immediately
preceding the start of a long weekend and finishing at midnight
on the last day of the long weekend; or
(b) a period commencing at 12.01 a.m. on the Thursday preceding
Good Friday and finishing at midnight on the day following
Easter Monday.
(c) a period commencing at 12.01 a.m. on the weekday last
occurring before 25 December in any year and finishing at
midnight on 2 January the following year;
"long weekend" means a period of consecutive days comprised of
a Saturday and Sunday and one or more public holidays;
"Minister" means the Minister for the time being administering
the Traffic Act 1925;
"weekday" means a day which is not a Saturday or Sunday.
4. Demerit points for offences
(1) If a person is convicted of an offence prescribed under this Act, and
the offence was committed, or allegedly committed, during a double
demerit period, the person will incur double the number of demerit
points that the person would otherwise incur in respect of that offence
in accordance with the regulations made under the Traffic Act 1925.
(2) The Commissioner of Police must, not less than 2 days before the
commencement of each double demerit period, cause a notice to be
published in a newspaper circulating generally in each region of the
State and on a website determined by the Commissioner stating the
time at which the double demerit period commences and the time at
which it finishes and containing advice about the incurring of demerit
points during the double demerit period.
5. Certificate of Minister admissible
A certificate purporting to be signed by the Minister and to certify that a specified
period was a double demerit period for the purposes of this Act is admissible in
proceedings before a court and is, in the absence of proof to the contrary, proof of
the matters so certified.
6. Review of Act
(1) An independent review of this Act must be commissioned by the
Minister as soon as possible after the third anniversary of the
commencement of this Act to enable consideration of the
effectiveness of this Act in improving road safety in Tasmania.
(2) A person or group who undertakes such a review must invite
submissions relevant to the review from the public and give due
consideration to the content of any such submissions.
(3) A person or group who undertakes such a review must give the
Minister a written report of the review.
(4) The Minister must cause a copy of the report of the review to be
laid before each House Parliament within 14 days of the Minister
receiving the report.
(5) In this section -
"independent review" means a review undertaken by
persons who -
(a) in the opinion of the Minister possess appropriate
qualifications to undertake the review; and
(b) includes one or more persons that are not employed by the
State of Tasmania, a State Service Agency, the
Commonwealth, a Commonwealth authority or any entity
created under this Act.
7. Regulations
(1) The Governor may make regulations for the purpose of this Act.
(2) Regulations may be made so as to apply differently according to such
factors as are specified in the regulations.
(3) The regulations may provide that a contravention of any of the
regulations is an offence.
8. Administration of Act
Until an order is made under section 4 of the Administrative Arrangements
Act 1990 -
(1) The administration of this Act is assigned to the Minister for
Infrastructure; and
(2) The department responsible to the Minister for Infrastructure in
relation to the administration of this Act is the Department of
Infrastructure, Energy and Resources.