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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Safety Council Amendment Bill 2011
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 5 amended 2
5. Section 6A inserted 3
6A. Minister may give directions 3
6. Section 12 amended 4
7. Section 15 replaced 5
15. Supplementary provision about laying
directions before Parliament 5
16. Transitional provision: credits of
prescribed penalties to the Account 5
217--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Road Safety Council Amendment Bill 2011
A Bill for
An Act to amend the Road Safety Council Act 2002.
The Parliament of Western Australia enacts as follows:
page 1
Road Safety Council Amendment Bill 2011
s. 1
1 1. Short title
2 This is the Road Safety Council Amendment Act 2011.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Road Safety Council Act 2002.
10 4. Section 5 amended
11 In section 5:
12 (a) in paragraph (f) delete "functions." and insert:
13
14 functions; and
15
16 (b) after paragraph (f) insert:
17
18 (g) to make recommendations to the Minister in
19 compliance with directions given by the
20 Minister under section 6A.
21
22 (c) after each of paragraphs (a), (b), (c) and (d) insert:
23
24 and
25
page 2
Road Safety Council Amendment Bill 2011
s. 5
1 5. Section 6A inserted
2 After section 5 insert:
3
4 6A. Minister may give directions
5 (1) The Minister may give a written direction to the
6 Council --
7 (a) specifying a proposal for how money standing
8 to the credit of the Account should be spent to
9 implement one or more measures of a kind
10 referred to in section 5(a); and
11 (b) requiring the Council to make a
12 recommendation to the Minister as to whether
13 or not money standing to the credit of the
14 Account should be spent in accordance with the
15 proposal.
16 (2) The Council must give effect to a direction given by
17 the Minister under subsection (1) by recommending to
18 the Minister that money standing to the credit of the
19 Account --
20 (a) should or should not be spent in accordance
21 with the proposal specified in the direction; or
22 (b) should be spent in accordance with the proposal
23 if that proposal is modified as recommended by
24 the Council.
25 (3) The Minister must cause a copy of each direction given
26 under subsection (1) to be laid before each House of
27 Parliament within 14 days after the direction is given.
28
page 3
Road Safety Council Amendment Bill 2011
s. 6
1 6. Section 12 amended
2 (1) Delete section 12(2)(a) and insert:
3
4 (a) the following amounts --
5 (i) two-thirds of each prescribed penalty
6 paid during the prescribed period
7 pursuant to a photograph-based vehicle
8 infringement notice for an offence to
9 which the regulations specify that this
10 paragraph applies;
11 (ii) the total amount of each prescribed
12 penalty paid on or after 1 July 2012
13 pursuant to a photograph-based vehicle
14 infringement notice for an offence to
15 which the regulations specify that this
16 paragraph applies;
17 and
18
19 (2) In section 12(3) insert in alphabetical order:
20
21 prescribed period means the period that begins on the
22 later of the following days --
23 (a) 1 July 2011;
24 (b) the day on which the Road Safety Council
25 Amendment Act 2011 section 6 comes into
26 operation,
27 and ends at the end of 30 June 2012.
28
29 (3) In section 12(3) in the definition of prescribed penalty delete
30 "section 102." and insert:
31
32 section 102;
33
page 4
Road Safety Council Amendment Bill 2011
s. 7
1 (4) In section 12(6) delete "on the recommendation" and insert:
2
3 having regard to the recommendations
4
5 7. Section 15 replaced
6 Delete section 15 and insert:
7
8 15. Supplementary provision about laying directions
9 before Parliament
10 (1) If --
11 (a) at the commencement of the period referred to
12 in section 6A(3) in respect of a direction a
13 House of Parliament is not sitting; and
14 (b) the Minister is of the opinion that that House
15 will not sit before the end of that period,
16 the Minister must transmit a copy of the direction to
17 the Clerk of that House.
18 (2) A copy of a direction transmitted to the Clerk of a
19 House is taken to have been laid before that House.
20 (3) The laying of a copy of a direction that is taken to have
21 occurred under subsection (2) is to be recorded in the
22 Minutes, or Votes and Proceedings, of the House on
23 the first sitting day of the House after the Clerk
24 received the copy.
25 16. Transitional provision: credits of prescribed
26 penalties to the Account
27 (1) In this section --
28 commencement day means the day on which the Road
29 Safety Council Amendment Act 2011 section 6 comes
30 into operation;
page 5
Road Safety Council Amendment Bill 2011
s. 7
1 former section 12(2)(a) means section 12(2)(a) as in
2 force immediately before commencement day.
3 (2) If --
4 (a) commencement day is after 1 July 2011; and
5 (b) in respect of the period --
6 (i) beginning on 1 July 2011; and
7 (ii) ending immediately before
8 commencement day,
9 one-third of a prescribed penalty has been or is
10 to be credited to the Account under former
11 section 12(2)(a),
12 there is to be credited to the Account the amount that
13 results in a total amount of two-thirds of that prescribed
14 penalty being credited to the Account.
15
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