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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRAFFIC AMENDMENT (DRIVING OFFENCES) BILL 2018

                   Western Australia


Road Traffic Amendment (Driving Offences)
                Bill 2018

                       Contents

       Part 1 -- Preliminary
 1.    Short title                             2
 2.    Commencement                            2
       Part 2 -- Road Traffic Act 1974
            amended
 3.    Act amended                             3
 4.    Section 49AB amended                    3
       Part 3 -- Road Traffic (Authorisation
            to Drive) Act 2008 amended
 5.    Act amended                             5
 6.    Section 4 amended                       5




                           74--1               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


  Road Traffic Amendment (Driving Offences)
                  Bill 2018

                               A Bill for


An Act to amend the Road Traffic Act 1974 and the Road Traffic
(Authorisation to Drive) Act 2008.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Road Traffic Amendment (Driving Offences) Bill 2018
     Part 1         Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Road Traffic Amendment (Driving Offences)
4             Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) Part 1 -- on the day on which this Act receives the
8                    Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




     page 2
                               Road Traffic Amendment (Driving Offences) Bill 2018
                                     Road Traffic Act 1974 amended          Part 2

                                                                                  s. 3



1                  Part 2 -- Road Traffic Act 1974 amended
2    3.           Act amended
3                 This Part amends the Road Traffic Act 1974.

4    4.           Section 49AB amended
5         (1)     Before section 49AB(1A) insert:
6

7               (1AA) In this section --
8                      prescribed authorisation --
9                        (a) means --
10                               (i) a learner's permit; or
11                              (ii) an Australian driver licence; or
12                             (iii) a licence or authorisation granted under
13                                   the law of an external licensing
14                                   authority as defined in the Road Traffic
15                                   (Authorisation to Drive) Act 2008
16                                   section 3(1);
17                            and
18                       (b) includes an extraordinary licence as defined in
19                            the Road Traffic (Authorisation to Drive)
20                            Act 2008 section 3(1).
21

22        (2)     After section 49AB(1)(a) insert:
23

24                      (aa)    the person has never held a prescribed
25                              authorisation; or
26                      (ab)    the person has held a prescribed authorisation
27                              but is a person described in section 49(3)(a),
28                              (b), (ca), (c) or (da); or
29                      (ac)    the person holds a prescribed authorisation but
30                              the prescribed authorisation does not authorise

                                                                            page 3
     Road Traffic Amendment (Driving Offences) Bill 2018
     Part 2         Road Traffic Act 1974 amended

     s. 4



1                           the person to drive a vehicle of the kind
2                           concerned; or
3                    (ad)   the person commits an offence under the Road
4                           Traffic (Authorisation to Drive) Act 2008
5                           section 38(1); or
6

7       (3)    In section 49AB(1)(b) delete "45 km/h" and insert:
8

9              30 km/h
10

11      (4)    After section 49AB(1) insert:
12

13            (2A)   Subsection (1)(ac) does not apply to a person who is a
14                   member of a class of persons prescribed for the
15                   purposes of the subsection by regulations made under
16                   the Road Traffic (Authorisation to Drive) Act 2008
17                   section 4(7).
18




     page 4
                            Road Traffic Amendment (Driving Offences) Bill 2018
          Road Traffic (Authorisation to Drive) Act 2008 amended         Part 3

                                                                              s. 5



1    Part 3 -- Road Traffic (Authorisation to Drive) Act 2008
2                          amended
3    5.      Act amended
4            This Part amends the Road Traffic (Authorisation to Drive)
5            Act 2008.

6    6.      Section 4 amended
7            After section 4(6) insert:
8

9             (7)   The regulations may provide that the Road Traffic
10                  Act 1974 section 49AB(1)(ac) does not apply to a
11                  person --
12                    (a) holding a class of authorisation specified in the
13                         regulations; and
14                   (b) driving a kind of vehicle specified in the
15                         regulations for that class of authorisation.
16            (8)   The Minister must consult with the Minister
17                  responsible for the administration of the Road Traffic
18                  Act 1974 before recommending to the Governor that
19                  regulations referred to in subsection (7) be made,
20                  amended or repealed.
21


22




                                                                        page 5

 


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