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


ROAD TRAFFIC LEGISLATION AMENDMENT BILL (NO. 2) 2015

                   Western Australia


Road Traffic Legislation Amendment Bill
              (No. 2) 2015

                       Contents

      Part 1 -- Preliminary
1.    Short title                                                2
2.    Commencement                                               2
      Part 2 -- Amendments that
           commence on the day after
           Royal Assent
      Division 1 -- Road Traffic Act 1974 amended
3.    Act amended                                                3
4.    Section 50 deleted                                         3
5.    Section 54 amended                                         3
6.    Section 56 amended                                         4
7.    Section 64A amended                                        5
8.    Section 65 amended                                         6
9.    Section 65A amended                                        6
10.   Section 67 amended                                         7
11.   Section 70 amended                                         7
12.   Section 72 amended                                         8
      Division 2 -- Road Traffic (Administration)
            Act 2008 amended
13.   Act amended                                               10
14.   Section 12 amended                                        10
15.   Sections 13D and 13E inserted                             10
      13D.    Disclosure of incident information to ICWA   10
      13E.    Disclosure of incident information to
              involved persons                             11
16.   Section 15 amended                                        12
17.   Section 84 amended                                        13


                         151--2                                  page i
Road Traffic Legislation Amendment Bill (No. 2) 2015



Contents



      18.     Section 91 amended                                          13
      19.     Section 106 amended                                         13
              Division 3 -- Other Acts amended
      20.     Road Traffic (Authorisation to Drive) Act 2008
              amended                                                     14
              23A.     Calculation of period of disqualification     14
      21.     Young Offenders Act 1994 amended                            14
              Part 3 -- Amendments that will be
                   brought into operation by
                   proclamation
              Division 1 -- Amendments relating to careless
                    driving
              Subdivision 1 -- Road Traffic Act 1974 amended
      22.     Act amended                                                 16
      23.     Section 59 amended                                          16
      24.     Section 59A amended                                         16
      25.     Section 59BA inserted                                       16
              59BA.    Careless driving causing death, grievous
                       bodily harm or bodily harm                    16
      26.     Section 59B amended                                         17
      27.     Section 62 amended                                          18
              Subdivision 2 -- Young Offenders Act 1994 amended
      28.     Act amended                                                 18
      29.     Schedule 2 amended                                          18
              Division 2 -- Amendments relating to taking
                    samples
      30.     Act amended                                                 19
      31.     Section 64AB amended                                        19
      32.     Section 64AC amended                                        19
      33.     Section 65 amended                                          19
      34.     Section 66 amended                                          20
      35.     Section 69 amended                                          21
      36.     Section 69A amended                                         21
      37.     Section 69B amended                                         22
      38.     Sections 70A and 70B inserted                               23
              70A.     Blood, urine or oral fluid sample: delivery
                       of person's sample to Chemistry Centre
                       (WA)                                          23




page ii
              Road Traffic Legislation Amendment Bill (No. 2) 2015



                                                                       Contents



      70B.       Evidence of delivery of blood, urine or oral
                 fluid samples                                    23
39.   Section 70 amended                                                 24
40.   Various references to "medical practitioner or
      registered nurse" amended                                           25
      Division 3 -- Amendments relating to driving
             instructors
      Subdivision 1 -- Road Traffic Act 1974 amended
41.   Act amended                                                         26
42.   Part V Division 1A replaced                                         26
      Division 1AA -- Terms used in this Part
      49AAA. Terms used                                      26
      Division 1A -- When person taken to be instructor or
             in charge of vehicle
      49AA.      Circumstances in which person taken to
                 be instructor or in charge of motor vehicle 27
43.   Section 49AB amended                                               28
44.   Part V Division 2A inserted                                        28
      Division 2A -- Providing driving instruction to
             learner drivers: alcohol and drug related
             offences
      62B.       Providing driving instruction: blood alcohol
                 content                                          28
      62C.       Providing driving instruction with
                 prescribed illicit drug in oral fluid or blood   30
45.   Section 62B amended                                                31
46.   Section 62C amended                                                31
47.   Section 66 amended                                                 31
48.   Section 66A amended                                                33
49.   Section 67 amended                                                 34
50.   Section 67AB amended                                               34
51.   Section 67A amended                                                34
52.   Section 68A inserted                                               34
      68A.       Failure to comply with s. 66, 66C, 66D or
                 66E requirement: instructors                     34
53.   Section 70B amended                                                36
54.   Section 70 amended                                                 36
      Subdivision 2 -- Road Traffic (Administration)
            Act 2008 amended
55.   Act amended                                                        37
56.   Section 28 amended                                                 37
57.   Part 4 Division 2A inserted                                        37


                                                                        page iii
Road Traffic Legislation Amendment Bill (No. 2) 2015



Contents



              Division 2A -- When person taken to be instructor or
                     in charge of vehicle
              32A.       Circumstances in which person taken to
                         be instructor or in charge of motor vehicle 37
      58.     Section 33 amended                                            38
      59.     Section 35 amended                                            39
      60.     Section 109 amended                                           39
              Division 4 -- Other amendments
              Subdivision 1 -- Road Traffic Act 1974 amended
      61.     Act amended                                                   40
      62.     Section 49 amended                                            40
      63.     Section 78A amended                                           41
      64.     Section 110 inserted                                          41
              110.      Transitional provisions for the Road Traffic
                        Legislation Amendment Act (No. 2) 2015         41
              Subdivision 2 -- Road Traffic (Administration)
                    Act 2008 amended
      65.     Act amended                                                   42
      66.     Section 117 amended                                           42
      67.     Sections 117A to 117I inserted                                46
              117A.     Evidentiary provisions for images
                        recorded by speed measuring and
                        recording equipment                            46
              117B.     Evidence of average speed as actual
                        speed                                          48
              117C.     Average speed detection systems                50
              117D.     How average speed is to be calculated          50
              117E.     How average speed limit is to be
                        calculated                                     51
              117F.     Evidence of, proceedings for, certain
                        matters related to evidence of average
                        speed                                          52
              117G.     Evidentiary provisions for images
                        recorded by average speed detection
                        systems                                        53
              117H.     Certificate evidence as to shortest
                        practicable distance                           55
              117I.     Certificate, image copies to be given
                        before proceedings                             56
      68.     Part 9 Division 2 replaced                                    57
              Division 2 -- Transitional provisions arising from
                     certain amendments made by the Road Traffic
                     Legislation Amendment Act (No. 2) 2015
              166.      Terms used                               57



page iv
       Road Traffic Legislation Amendment Bill (No. 2) 2015



                                                       Contents



167.     Approval of apparatus for ascertaining
         vehicle speed                            57
168.     Approval of apparatus for ascertaining
         distances on roads                       57
169.     Certain authorised persons to be
         authorised persons for speed measuring
         and recording equipment, average speed
         detection systems                        58




                                                        page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)

     Road Traffic Legislation Amendment Bill
                   (No. 2) 2015

                               A Bill for


An Act to amend --
•  the Road Traffic Act 1974; and
•  the Road Traffic (Administration) Act 2008; and
•  the Road Traffic (Authorisation to Drive) Act 2008; and
•  the Young Offenders Act 1994.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Road Traffic Legislation Amendment Act
4             (No. 2) 2015.

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 (assent day);
9              (b) Part 2 -- on the day after assent day;
10             (c) Part 3 -- on a day fixed by proclamation, and different
11                   days may be fixed for different provisions.




     page 2
                            Road Traffic Legislation Amendment Bill (No. 2) 2015
          Amendments that commence on the day after Royal Assent          Part 2
                                  Road Traffic Act 1974 amended       Division 1
                                                                             s. 3



1    Part 2 -- Amendments that commence on the day after
2                     Royal Assent
3                 Division 1 -- Road Traffic Act 1974 amended
4    3.         Act amended
5               This Division amends the Road Traffic Act 1974.

6    4.         Section 50 deleted
7               Delete section 50.

8    5.         Section 54 amended
9         (1)   In section 54(3) delete each penalty and insert:
10

11                   Penalty for this subsection: imprisonment for --
12                       (a) 20 years, if the incident occasioned death
13                             and, in any event, the court convicting the
14                             person must order that the person be
15                             disqualified from holding or obtaining a
16                             driver's licence for a period of not less than
17                             2 years;
18                       (b) 14 years, if the incident occasioned grievous
19                             bodily harm but not death and, in any event,
20                             the court convicting the person must order
21                             that the person be disqualified from holding
22                             or obtaining a driver's licence for a period of
23                             not less than 2 years;
24                       (c) 10 years, in any other case and, in any event,
25                             the court convicting the person must order
26                             that the person be disqualified from holding
27                             or obtaining a driver's licence for a period of
28                             not less than 12 months.
29                   Summary conviction penalty in a case to which
30                   paragraph (c) applies: imprisonment for 3 years and, in

                                                                          page 3
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 2          Amendments that commence on the day after Royal Assent
     Division 1      Road Traffic Act 1974 amended
     s. 6



1                      any event, the court convicting the person must order
2                      that the person be disqualified from holding or
3                      obtaining a driver's licence for a period of not less than
4                      12 months.
5

6         (2)   Delete section 54(4).
7         (3)   In section 54(6) in the Penalty delete "Penalty:" and insert:
8

9               Penalty for this subsection:
10


11   6.         Section 56 amended
12        (1)   In section 56(1):
13                (a) after "bodily harm to" insert:
14

15                       the driver or
16

17               (b)     delete "to the officer in charge of a police station." and
18                       insert:
19

20                     to --
21                       (a)   the officer in charge of a police station; or
22                       (b)   the Commissioner of Police in a manner
23                             approved by the Commissioner.
24

25        (2)   In section 56(4) delete "to the officer in charge of a police
26              station." and insert:
27

28                     to --
29                       (a)   the officer in charge of a police station; or



     page 4
                            Road Traffic Legislation Amendment Bill (No. 2) 2015
          Amendments that commence on the day after Royal Assent          Part 2
                                  Road Traffic Act 1974 amended       Division 1
                                                                             s. 7



1                       (b)   the Commissioner of Police in a manner
2                             approved by the Commissioner.
3


4    7.          Section 64A amended
5         (1)    Before section 64A(1) insert:
6

7               (1A)   In this section --
8                      cancellation provision means --
9                        (a) a provision of the Road Traffic (Authorisation
10                              to Drive) Act 2008 Part 3 Division 2 under
11                              which a driver's licence may be cancelled; or
12                       (b) section 75(2a) or (2b) of this Act as in force at
13                              any time before those provisions were deleted
14                              by the Road Traffic Legislation Amendment
15                              Act 2012 section 20.
16

17        (2)    In section 64A(2)(d) delete "the Road Traffic (Authorisation to
18               Drive) Act 2008 section 22(1) or (2)" and insert:
19

20               a cancellation provision
21

22        (3)    In section 64A(3)(b) delete "the Road Traffic (Authorisation to
23               Drive) Act 2008 section 22(1) or (2)" and insert:
24

25               a cancellation provision
26

27        (4)    In section 64A(5)(d) delete "GCM exceeding 22.5 tonnes; or"
28               and insert:
29

30               GCM that is 22.5 tonnes or more; or
31


                                                                            page 5
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 2          Amendments that commence on the day after Royal Assent
     Division 1      Road Traffic Act 1974 amended
     s. 8



1    8.         Section 65 amended
2         (1)   In section 65 delete "section 59B(5) and sections 63" and insert:
3

4               sections 59
5

6         (2)   In section 65 in the definition of authorised person delete
7               "chief executive officer of the Chemistry Centre (WA)" and
8               insert:
9

10              Commissioner of Police
11

12        (3)   In section 65 in the definition of breath analysing equipment
13              after "Minister" insert:
14

15              under section 72(2)(a)
16

17        (4)   In section 65 in the definition of preliminary test after
18              "Minister" insert:
19

20              under section 72(2)(b)
21

22              Note: The heading to amended section 65 is to read:

23                    Terms used in s. 59 to 73

24   9.         Section 65A amended
25              In section 65A(1) delete "section 59B(5) and sections 63" and
26              insert:
27

28              sections 59
29




     page 6
                         Road Traffic Legislation Amendment Bill (No. 2) 2015
       Amendments that commence on the day after Royal Assent          Part 2
                               Road Traffic Act 1974 amended       Division 1
                                                                         s. 10



1    10.         Section 67 amended
2                In section 67(2):
3                  (a) in paragraph (c) delete "analysis," and insert:
4

5                          analysis; or
6

7                  (b)     after paragraph (c) insert:
8

9                          (d)   to accompany a police officer to a police station
10                               or some other place, and to wait at that place,
11

12               Note: The heading to amended section 67 is to read:

13                       Failure to comply with s. 66 requirement to provide sample, allow
14                       sample to be taken or to accompany police officer

15   11.         Section 70 amended
16         (1)   In section 70(2):
17                 (a) in paragraph (a) delete "chief executive officer of the
18                       Chemistry Centre (WA)," and insert:
19

20                         Commissioner of Police,
21

22                 (b)     delete the passage that begins with "such chief executive
23                         officer, or" and continues to the end of the subsection
24                         and insert:
25

26                         the Commissioner of Police, the chief executive officer
27                         of the Chemistry Centre (WA), an authorised person, a
28                         technologist, a medical practitioner or registered nurse
29                         or an analyst (as is relevant).
30




                                                                                   page 7
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 2          Amendments that commence on the day after Royal Assent
     Division 1      Road Traffic Act 1974 amended
     s. 12



1          (2)    In section 70(3c):
2                   (a) delete "chief executive officer of the Chemistry Centre
3                         (WA)," and insert:
4

5                          Commissioner of Police,
6

7                   (b)    delete "such chief executive officer." and insert:
8

9                          the Commissioner of Police.
10


11   12.          Section 72 amended
12         (1)    In section 72(1) delete "section 59B(5) and sections 63" and
13                insert:
14

15                sections 59
16

17         (2)    After section 72(2a) insert:
18

19               (3A)     In subsections (2) and (2a) --
20                        Minister means the Minister to whom the
21                        administration of the Police Act 1892 is committed.
22

23         (3)    In section 72(3):
24                  (a) in paragraph (aa) delete "substances; and" and insert:
25

26                         substances,
27

28                  (b)    delete paragraph (b).




     page 8
                       Road Traffic Legislation Amendment Bill (No. 2) 2015
     Amendments that commence on the day after Royal Assent          Part 2
                             Road Traffic Act 1974 amended       Division 1
                                                                       s. 12



1    (4)   Delete section 72(4) and (5) and insert:
2

3          (4)   The Commissioner of Police may, from time to time --
4                 (a) certify a person as being competent to operate
5                      all types of breath analysing equipment; and
6                 (b) authorise a person to collect, and conduct drug
7                      testing of, samples of oral fluid for the purposes
8                      of section 66D; and
9                 (c) rescind or revoke a certificate or an
10                     authorisation.
11         (5)   The Commissioner of Police must not certify a person
12               under subsection (4)(a) unless, in the Commissioner's
13               opinion, the person has the appropriate training to
14               operate all types of breath analysing equipment.
15         (6)   The Commissioner of Police must not authorise a
16               person under subsection (4)(b) unless, in the
17               Commissioner's opinion, the person has the
18               appropriate training to collect, and conduct drug testing
19               of, samples of oral fluid in accordance with the
20               regulations.
21         (7)   If the certification of a person by the chief executive
22               officer of the Chemistry Centre (WA) under
23               subsection (3)(b) was in effect immediately before
24               commencement day, the certification has effect, on and
25               after commencement day, as if it were the certification
26               of the person by the Commissioner of Police under
27               subsection (4)(a) (including for the purposes of
28               section 70(2)(a)).
29         (8)   In subsection (7) --
30               commencement day means the day on which the Road
31               Traffic Legislation Amendment Act (No. 2) 2015
32               section 12 comes into operation.
33



                                                                      page 9
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 2          Amendments that commence on the day after Royal Assent
     Division 2      Road Traffic (Administration) Act 2008 amended
     s. 13



1              Note: The heading to amended section 72 is to read:

2                       Taking and testing samples: regulations for s. 59 to 73, and
3                       approval of apparatus and persons

4     Division 2 -- Road Traffic (Administration) Act 2008 amended
5    13.       Act amended
6              This Division amends the Road Traffic (Administration)
7              Act 2008.

8    14.       Section 12 amended
9              In section 12(1) in the definition of incident information:
10               (a) in paragraph (b) delete "incident;" and insert:
11

12                        incident; and
13

14                (b)     after paragraph (b) insert:
15

16                        (c)    a copy of a statement or a report produced as a
17                               result of any investigation made into the
18                               incident;
19


20   15.       Sections 13D and 13E inserted
21             After section 13C insert:
22


23         13D.         Disclosure of incident information to ICWA
24             (1)      In this section --
25                      ICWA means the Commission as defined in the
26                      Insurance Commission of Western Australia Act 1986
27                      section 3;




     page 10
                       Road Traffic Legislation Amendment Bill (No. 2) 2015
     Amendments that commence on the day after Royal Assent          Part 2
             Road Traffic (Administration) Act 2008 amended      Division 2
                                                                       s. 15



1                incident information means --
2                  (a) information provided in relation to an incident
3                       in a report made under the Road Traffic
4                       Act 1974 section 56(1) or (4); and
5                  (b) details of any evidence, statement, report or
6                       other information obtained as a result of any
7                       investigation made into the incident; and
8                  (c) a copy of a statement or a report produced as a
9                       result of any investigation made into the
10                      incident.
11         (2)   The Commissioner of Police may disclose incident
12               information to ICWA.
13         (3)   Information disclosed under subsection (2) may be
14               used in the performance of ICWA's functions under
15               the Motor Vehicle (Third Party Insurance) Act 1943
16               but not for any other purpose.
17         (4)   The disclosure of information under subsection (2) is to
18               be free of charge.
19     13E.      Disclosure of incident information to involved
20               persons
21         (1)   In this section --
22               incident information means --
23                 (a) information provided in relation to an incident
24                        in a report made under the Road Traffic
25                        Act 1974 section 56(1) or (4); and
26                 (b) details of any evidence, statement, report or
27                        other information obtained as a result of any
28                        investigation made into the incident.
29         (2)   The Commissioner of Police may, in relation to an
30               incident, disclose incident information to any of the
31               following --
32                 (a) a person, or a representative of the person, who
33                      suffered bodily harm in the incident;

                                                                    page 11
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 2          Amendments that commence on the day after Royal Assent
     Division 2      Road Traffic (Administration) Act 2008 amended
     s. 16



1                         (b)   the driver, or a representative of the driver, of a
2                               vehicle involved in the incident;
3                         (c)   an owner, or a representative of the owner, of a
4                               vehicle involved in the incident;
5                         (d)   an owner, or a representative of the owner, of
6                               property damaged in the incident.
7


8    16.          Section 15 amended
9          (1)    In section 15(1) insert in alphabetical order:
10

11                  incident information means --
12                       (a) information provided in relation to an incident
13                             in a report made under the Road Traffic
14                             Act 1974 section 56(1) or (4); and
15                       (b) details of any evidence, statement, report or
16                             other information obtained as a result of any
17                             investigation made into the incident; and
18                       (c) a copy of a statement or a report produced as a
19                             result of any investigation made into the
20                             incident;
21

22         (2)    After section 15(2) insert:
23

24               (3A)   The Commissioner of Police may disclose incident
25                      information to a person if the Commissioner considers
26                      that the information is required by the person for a road
27                      safety purpose.
28

29         (3)    In section 15(3):
30                  (a) in paragraph (a) delete "subsection (2); or" and insert:
31

32                        subsection (2) or (3A); or
33


     page 12
                         Road Traffic Legislation Amendment Bill (No. 2) 2015
       Amendments that commence on the day after Royal Assent          Part 2
               Road Traffic (Administration) Act 2008 amended      Division 2
                                                                         s. 17



1             (b)     in paragraph (b) delete "subsection 2," and insert:
2

3                     subsection (2) or (3A),
4


5    17.     Section 84 amended
6            In section 84(2) delete "2012" (1st occurrence) and insert:
7

8            2008
9


10   18.     Section 91 amended
11           In section 91(a) delete "given, other than an offence under the
12           Road Traffic (Vehicles) Act 2012 section 4(2)," and insert:
13

14           given
15


16   19.     Section 106 amended
17           After section 106(2) insert:
18

19           (3)     Subsection (2) does not apply to an indictable offence.
20           (4)     Subsection (3) has effect, in relation to an offence that
21                   was allegedly committed before the day on which the
22                   Road Traffic Legislation Amendment Act (No. 2) 2015
23                   section 19 comes into operation, as if that section had
24                   come into operation on the day on which this Act
25                   (other than sections 1 and 2) came into operation (that
26                   is, 27 April 2015).
27




                                                                          page 13
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 2          Amendments that commence on the day after Royal Assent
     Division 3      Other Acts amended
     s. 20



1                           Division 3 -- Other Acts amended
2    20.         Road Traffic (Authorisation to Drive) Act 2008 amended
3          (1)   This section amends the Road Traffic (Authorisation to Drive)
4                Act 2008.
5          (2)   After section 22 insert:
6


7            23A.         Calculation of period of disqualification
8                (1)      If a person is convicted by a court of an offence under
9                         a road law and, as a consequence, is disqualified from
10                        holding or obtaining a driver's licence, whether by an
11                        order of the court or operation of that law, the term of
12                        the disqualification does not elapse --
13                          (a) while the person is in custody serving any
14                                sentence of imprisonment; or
15                          (b) while the person is appealing against the
16                                conviction or sentence that gave rise to the
17                                disqualification.
18               (2)      Subsection (1) applies to all disqualifications other than
19                        a disqualification that commenced before the day on
20                        which the Road Traffic Legislation Amendment Act
21                        (No. 2) 2015 section 20 comes into operation.
22


23   21.         Young Offenders Act 1994 amended
24         (1)   This section amends the Young Offenders Act 1994.
25         (2)   In Schedule 1 item 3:
26                 (a) after the row relating to section 60 insert:
27

                  s. 61                 Dangerous driving
                  s. 62                 Careless driving


     page 14
                       Road Traffic Legislation Amendment Bill (No. 2) 2015
     Amendments that commence on the day after Royal Assent          Part 2
                                        Other Acts amended       Division 3
                                                                       s. 21



            s. 62A               Causing excessive noise or smoke from
                                 vehicle's tyres
1

2           (b)      delete the row relating to section 67 and insert:
3

            s. 67                Failure to comply with s. 66 requirement to
                                 provide sample, allow sample to be taken or
                                 to accompany police officer
4

5            (c)     after the row relating to section 67AB insert:
6

            s. 67A               Failure to comply with other requirements
                                 made under s. 66 to 66E
7

8    (3)   In Schedule 2 item 3 before the row relating to section 59 insert:
9

            s. 54                Driver in incident occasioning bodily harm
                                 to stop, ensure assistance and give
                                 information
10




                                                                         page 15
     Road Traffic Legislation Amendment Bill (No. 2) 2015
     Part 3          Amendments that will be brought into operation by
                     proclamation
     Division 1      Amendments relating to careless driving
     s. 22


1          Part 3 -- Amendments that will be brought into
2                    operation by proclamation
3          Division 1 -- Amendments relating to careless driving
4                Subdivision 1 -- Road Traffic Act 1974 amended

5    22.       Act amended
6              This Subdivision amends the Road Traffic Act 1974.

7    23.       Section 59 amended
8              In section 59(4) after "59A," insert:
9

10             59BA(1),
11


12   24.       Section 59A amended
13             In section 59A(4) after "section" insert:
14

15             59BA(1),
16


17   25.       Section 59BA inserted
18             After section 59A insert:
19


20         59BA.     Careless driving causing death, grievous bodily
21                   harm or bodily harm
22             (1)   If a motor vehicle driven by a person (the driver) is
23                   involved in an incident occasioning the death of, or
24                   grievous bodily harm or bodily harm to, another person
25                   and the driver was, at the time of the incident, driving
26                   the motor vehicle without due care and attention, the
27                   driver commits an offence.

     page 16
                          Road Traffic Legislation Amendment Bill (No. 2) 2015
                   Amendments that will be brought into operation by     Part 3
                                                       proclamation
                          Amendments relating to careless driving    Division 1
                                                                          s. 26


1                      Penalty for this subsection: imprisonment for 3 years or
2                         a fine of 720 PU and, in any event, the court
3                         convicting the person must order that the person be
4                         disqualified from holding or obtaining a driver's
5                         licence for a period of not less than 3 months.
6                (2)   For the purposes of subsection (1) --
7                       (a) it is immaterial that the death, grievous bodily
8                              harm or bodily harm might have been avoided
9                              by proper precaution on the part of a person
10                             other than the person charged or might have
11                             been prevented by proper care or treatment; and
12                      (b) when an incident occasions grievous bodily
13                             harm to a person and that person receives
14                             surgical or medical treatment, and death results
15                             either from the harm or the treatment, the
16                             incident is deemed to have occasioned the death
17                             of that person, although the immediate cause of
18                             death was the surgical or medical treatment if
19                             the treatment was reasonably proper in the
20                             circumstances and was applied in good faith.
21               (3)   A person charged with an offence against
22                     subsection (1) may, instead of being convicted of that
23                     offence, be convicted of an offence against section 62.
24


25   26.         Section 59B amended
26         (1)   In section 59B(1) and (2) delete "59 and 59A," and insert:
27

28               59, 59A and 59BA(1),
29




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     s. 27


1          (2)   After section 59B(6) insert:
2

3                (7)      In any proceeding for an offence against
4                         section 59BA(1) it is a defence for the person charged
5                         to prove that the death, grievous bodily harm or bodily
6                         harm occasioned by the incident was not in any way
7                         attributable to the level of care and attention with
8                         which the motor vehicle was driven.
9

10               Note: The heading to amended section 59B is to read:

11                        Ancillary matters and defences for sections 59, 59A and 59BA

12   27.         Section 62 amended
13               In section 62 delete the Penalty and insert:
14

15                        Penalty: a fine of 30 PU.
16


17               Subdivision 2 -- Young Offenders Act 1994 amended

18   28.         Act amended
19               This Subdivision amends the Young Offenders Act 1994.

20   29.         Schedule 2 amended
21               In Schedule 2 item 3:
22                 (a) delete the row relating to section 59 and insert:
23
                  s. 59                 Dangerous driving causing death or grievous
                                        bodily harm
24




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                                                                      s. 30


1             (b)    after the row relating to section 59A insert:
2
              s. 59BA(1)        Careless driving causing death, grievous
                                bodily harm or bodily harm
3


4          Division 2 -- Amendments relating to taking samples
5    30.     Act amended
6            This Division amends the Road Traffic Act 1974.

7    31.     Section 64AB amended
8            In section 64AB(7) delete "4 hours" and insert:
9

10           4 hours, or 12 hours if the sample was taken under
11           section 66(8B),
12


13   32.     Section 64AC amended
14           In section 64AC(4) delete "4 hours" and insert:
15

16           4 hours, or 12 hours if the sample was taken under
17           section 66(8B),
18


19   33.     Section 65 amended
20           In section 65 insert in alphabetical order:
21

22                  prescribed sample taker means --
23                    (a) a medical practitioner or registered nurse; or
24                    (b) an appropriately qualified person prescribed for
25                         the purposes of the provision in which the term
26                         is used;
27


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     s. 34


1    34.        Section 66 amended
2               After section 66(6a) insert:
3

4               (7)   Subsection (8B) applies if a police officer has
5                     reasonable grounds to believe that --
6                       (a) the presence of a motor vehicle has occasioned,
7                            or its use has been an immediate or proximate
8                            cause of serious bodily harm to, or the death of,
9                            a person; and
10                      (b) a person (the person) may have been the driver
11                           or person in charge of the motor vehicle at the
12                           time of that presence or use.
13          (8A)      In subsection (7) --
14                    serious bodily harm, in relation to a person, means
15                    bodily harm that the police officer has reasonable
16                    grounds to believe is likely to require the attendance of
17                    the person at a hospital (whether or not that is
18                    practicable).
19             (8B)   If this subsection applies, a police officer may --
20                      (a) require the person to do one or both of the
21                             following --
22                                (i) allow a prescribed sample taker to take
23                                    a sample of the person's blood for
24                                    analysis;
25                              (ii) provide a sample of the person's urine
26                                    for analysis;
27                             or
28                      (b) where the person is incapable of complying
29                             with that requirement -- cause a prescribed
30                             sample taker to take a sample of the person's
31                             blood for analysis.



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1                (8C)    For the purposes of subsection (8B), a police officer
2                        may require the person to accompany a police officer
3                        to a police station or some other place, and may require
4                        the person to wait at the police station or place.
5                 (8)    A police officer must not make a requirement under
6                        subsection (8B)(a), or cause a prescribed sample taker
7                        to take a sample under subsection (8B)(b), if it appears
8                        to the police officer that the sample cannot be taken or
9                        provided within 12 hours after the time of the presence
10                       or use of the motor vehicle referred to in
11                       subsection (7)(a).
12

13   35.          Section 69 amended
14         (1)    In section 69(1) delete the passage that begins with "Act," and
15                continues to the end of the subsection and insert:
16

17                Act.
18

19         (2)    After section 69(1a) insert:
20

21               (2A)    The prescribed sample taker must ensure that both
22                       samples are delivered to a police officer.
23               (2B)    One of the samples must be delivered, on behalf of the
24                       person from whom the samples were taken, to the
25                       Chemistry Centre (WA) by a police officer or a person
26                       appointed or engaged for that purpose.
27

28   36.          Section 69A amended
29         (1)    In section 69A:
30                  (a) delete "Where pursuant" and insert:
31

32                (1)    Where pursuant
33


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1                 (b)    delete the passage that begins with "Act," and continues
2                        to the end of the section and insert:
3

4                        Act.
5

6          (2)   At the end of section 69A insert:
7

8                (2)    The prescribed sample taker must ensure that both
9                       samples are delivered to a police officer.
10               (3)    One of the samples must be delivered, on behalf of the
11                      person who provided the samples, to the Chemistry
12                      Centre (WA) by a police officer or a person appointed
13                      or engaged for that purpose.
14


15   37.         Section 69B amended
16         (1)   In section 69B:
17                 (a) delete "If the drug" and insert:
18

19               (1)    If the drug
20

21                (b)    delete the passage that begins with "Act," and continues
22                       to the end of the section and insert:
23

24                       Act.
25

26         (2)   At the end of section 69B insert:
27

28               (2)    The authorised drug tester must ensure that both
29                      samples are delivered to a police officer.
30               (3)    One of the samples must be delivered, on behalf of the
31                      person who provided the samples, to the Chemistry

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1                    Centre (WA) by a police officer or a person appointed
2                    or engaged for that purpose.
3


4    38.     Sections 70A and 70B inserted
5            After section 69B insert:
6


7          70A.      Blood, urine or oral fluid sample: delivery of
8                    person's sample to Chemistry Centre (WA)
9            (1)     A sample of blood, urine or oral fluid delivered to the
10                   Chemistry Centre (WA) on behalf of a person under
11                   section 69(2B), 69A(3) or 69B(3) must be retained, and
12                   appropriately stored, by the Chemistry Centre (WA)
13                   until the person requests the sample.
14           (2)     The person may, within 3 months after the day on
15                   which the sample was delivered to the Chemistry
16                   Centre (WA), request that the sample be delivered to
17                   an analyst (as defined in the Misuse of Drugs Act 1981
18                   section 3(1)) nominated by the person, for analysis.
19           (3)     The cost of delivering the sample is to be paid for by
20                   the person.
21           (4)     Despite subsection (1), the Chemistry Centre (WA)
22                   need not store the sample for more than 3 months.

23         70B.      Evidence of delivery of blood, urine or oral fluid
24                   samples
25           (1)     In proceedings for an offence against section 63, 64,
26                   64AA, 64A, 64AAA, 64AB or 64AC, evidence of the
27                   delivery of a sample to an analyst or drug analyst may
28                   be given in the form of a certificate in which a person
29                   who took delivery of the sample sets out the prescribed
30                   particulars of the delivery of the sample to the person
31                   together with their signature.


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1                (2)   In the absence of evidence to the contrary --
2                        (a) it is to be presumed that each signature on the
3                              certificate is the signature of the person of
4                              whom it purports to be the signature; and
5                        (b) the certificate is evidence of its contents.
6                (3)   Except with the consent of the accused, evidence of the
7                      delivery of a sample to a person in the form of a
8                      certificate cannot be given in the proceedings and, if it
9                      is given, is not admissible, unless a copy of the
10                     certificate is given to the accused at least 28 days
11                     before the proceedings.
12               (4)   If a copy of the certificate has been given as required
13                     by subsection (3), the accused cannot challenge or call
14                     into question a matter set out in the certificate
15                     unless --
16                       (a) notice in writing of the accused's intention is
17                             given to the prosecutor at least 14 days before
18                             the proceedings; or
19                       (b) the court, in the interests of justice, gives the
20                             accused leave to so do.
21               (5)   A notice under subsection (4)(a) must specify the
22                     matter that is to be challenged or called into question.
23


24   39.         Section 70 amended
25         (1)   In section 70(1)(d) and (3a)(a) and (b) delete "4 hours" and
26               insert:
27

28               4 hours, or 12 hours if the sample was taken under
29               section 66(8B),
30




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                                                                           s. 40


1          (2)   In section 70(3b) delete "medical practitioner, registered nurse,"
2                and insert:
3

4                prescribed sample taker,
5


6    40.         Various references to "medical practitioner or registered
7                nurse" amended
8                In the provisions listed in the Table delete "medical practitioner
9                or registered nurse" (each occurrence) and insert:
10

11               prescribed sample taker
12

13                                           Table
                  s. 66(2), (5), (6), (6a), (11)      s. 66B(1), (2) and (4)
                  and (12)

                  s. 66E(1), (2) and (4)              s. 66F(1) and (2)

                  s. 67(2)                            s. 67AA(2)

                  s. 67AB(2)                          s. 67A(2)

                  s. 68(3) and (7)                    s. 69(1)

                  s. 69A                              s. 70(1), (2), (3a) and (3b)

                  s. 72(1)

14               Note: The heading to amended section 66F is to read:

15                     Prescribed sample takers authorised to take blood samples




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     s. 41


1          Division 3 -- Amendments relating to driving instructors
2                Subdivision 1 -- Road Traffic Act 1974 amended

3    41.       Act amended
4              This Subdivision amends the Road Traffic Act 1974.

5    42.       Part V Division 1A replaced
6              Delete Part V Division 1A and insert:
7


8                   Division 1AA -- Terms used in this Part
9           49AAA. Terms used
10                  In this Part --
11                  grievous bodily harm has the meaning given in
12                  The Criminal Code section 1(1);
13                  instructor means a person who may give driving
14                  instruction under the Road Traffic (Authorisation to
15                  Drive) Act 2008 section 10(2);
16                  learner driver means --
17                    (a) the holder of a learner's permit; or
18                    (b) a person authorised to drive under the Road
19                           Traffic (Authorisation to Drive) Act 2008
20                           section 6;
21                  provide driving instruction means to provide or
22                  attempt to provide driving instruction to a learner
23                  driver who is driving a motor vehicle.




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1    Division 1A -- When person taken to be instructor or in
2                     charge of vehicle
3    49AA. Circumstances in which person taken to be
4          instructor or in charge of motor vehicle
5      (1)   For the purposes of this Part, unless the contrary is
6            shown, a person is to be taken to be an instructor
7            providing driving instruction to a learner driver if the
8            person is --
9              (a) seated beside the learner driver in a motor
10                   vehicle driven by the learner driver; or
11             (b) if there is no seat directly beside the learner
12                   driver --
13                      (i) seated in the seat nearest the learner
14                            driver that faces forward in a motor
15                            vehicle driven by the learner driver; or
16                     (ii) standing near the learner driver in a
17                            motor vehicle driven by the learner
18                            driver;
19                   or
20             (c) riding in a side car attached, or on a pillion seat
21                   fitted, to a motor cycle driven by the learner
22                   driver.
23     (2)   Without limiting the circumstances in which a person
24           is in charge of a motor vehicle, an instructor providing
25           driving instruction to a learner driver is, for the
26           purposes of this Part (other than sections 49AB
27           and 66A), to be taken to be in charge of the motor
28           vehicle driven by the learner driver.
29     (3)   Subsection (2) does not affect any liability of a learner
30           driver for any offence committed by that person while
31           driving or being in charge of a vehicle.
32




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1    43.       Section 49AB amended
2              Before section 49AB(1) insert:
3

4           (1A)     In this section an instructor providing driving
5                    instruction to a learner driver is not to be taken, under
6                    section 49AA, to be in charge of the motor vehicle
7                    driven by the learner driver.
8


9    44.       Part V Division 2A inserted
10             After Part V Division 1 insert:
11


12         Division 2A -- Providing driving instruction to learner
13                drivers: alcohol and drug related offences
14         62B.      Providing driving instruction: blood alcohol content
15             (1)   An instructor who provides driving instruction to a
16                   learner driver while having a blood alcohol content of
17                   or above 0.05 g of alcohol per 100 ml of blood
18                   commits an offence.
19                   Penalty for this subsection: a fine of not less than 6 PU
20                       or more than 10 PU.
21             (2)   Subsection (4) applies to an instructor who --
22                    (a) holds an extraordinary licence as defined in the
23                          Road Traffic (Authorisation to Drive) Act 2008
24                          section 3(1); or
25                    (b) has, within the last 3 years, ceased to be subject
26                          to an order disqualifying the instructor from
27                          holding or obtaining a driver's licence imposed
28                          for an offence against section 63 or 67, or for a
29                          second or subsequent offence against
30                          section 64, committed after the commencement
31                          of the Road Traffic Amendment Act 1997; or

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1            (c)   has, within the last 3 years, been granted a
2                  driver's licence in a case where the instructor
3                  did not hold a driver's licence because it had
4                  been cancelled under a cancellation provision
5                  as a result of an order disqualifying the
6                  instructor from holding or obtaining a driver's
7                  licence imposed for an offence against
8                  section 63 or 67, or for a second or subsequent
9                  offence against section 64, committed after the
10                 commencement of the Road Traffic Amendment
11                 Act 1997.
12   (3)   In subsection (2)(c) --
13         cancellation provision means --
14           (a) a provision of the Road Traffic (Authorisation
15                to Drive) Act 2008 Part 3 Division 2 under
16                which a driver's licence may be cancelled; or
17           (b) section 75(2a) or (2b) of this Act as in force at
18                any time before those provisions were deleted
19                by the Road Traffic Legislation Amendment
20                Act 2012 section 20.
21   (4)   An instructor to whom this subsection applies who
22         provides driving instruction to a learner driver while
23         having any blood alcohol content commits an offence.
24         Penalty for this subsection: a fine of not less than 6 PU
25             or more than 10 PU.
26   (5)   An instructor who provides driving instruction to a
27         learner driver in respect of a motor vehicle that has a
28         GCM that is 22.5 tonnes or more while having any
29         blood alcohol content commits an offence.
30         Penalty for this subsection: a fine of not less than 6 PU
31             or more than 10 PU.
32   (6)   It is a defence to a charge of an offence against
33         subsection (4) or (5) for the accused to prove that the


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1                    accused's blood alcohol content was not to any extent
2                    caused by any of the following --
3                      (a) the consumption of an alcoholic beverage
4                           (otherwise than for the purposes of religious
5                           observance);
6                      (b) the consumption or use of any other substance
7                           (for example, food or medicine) for the purpose
8                           of consuming alcohol.
9              (7)   A person charged with an offence against
10                   subsection (1) may, instead of being convicted of that
11                   offence, be convicted of an offence against
12                   subsection (4) or (5) if, at the time of the alleged
13                   offence, the person was a person to whom
14                   subsection (4) or (5) applied.

15         62C.      Providing driving instruction with prescribed illicit
16                   drug in oral fluid or blood
17             (1)   An instructor who provides driving instruction to a
18                   learner driver while a prescribed illicit drug is present
19                   in the instructor's oral fluid or blood commits an
20                   offence.
21                   Penalty for this subsection: a fine of not less than 6 PU
22                        or more than 10 PU.
23             (2)   If in any proceeding for an offence against this section
24                   it is proved that a certain drug was present in the
25                   accused's body at any time within 4 hours after the
26                   time that the accused was providing the driving
27                   instruction, the presence of that drug in the accused's
28                   body at the time the accused was providing the driving
29                   instruction is to be taken to be proved in the absence of
30                   proof to the contrary.
31             (3)   If a person takes a prescribed illicit drug mistakenly
32                   believing it to be another drug, that mistake is not a
33                   defence in any proceeding for an offence against this


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1                       section if that other drug is also a drug within the
2                       meaning of paragraph (a) or (b) of the definition of
3                       drug in section 65.
4


5    45.         Section 62B amended
6                In section 62B(2):
7                  (a) in paragraph (c) delete "Act 1997." and insert:
8

9                        Act 1997; or
10

11                (b)    after paragraph (c) insert:
12

13                       (d)   is a member of a class of persons prescribed for
14                             the purposes of section 64A(2)(g) by
15                             regulations made for the purposes of the Road
16                             Traffic (Authorisation to Drive) Act 2008
17                             section 5A.
18


19   46.         Section 62C amended
20               In section 62C(2) delete "4 hours" and insert:
21

22               4 hours, or 12 hours if the sample was taken under
23               section 66(8B),
24


25   47.         Section 66 amended
26         (1)   In section 66(2)(a)(ii) delete "section 64A(1)" and insert:
27

28               section 62B(4) or (5) or 64A(1)
29




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     s. 47


1       (2)    After section 66(2)(ca) insert:
2

3                       (cb)   a police officer has reasonable grounds to
4                              believe that --
5                                 (i) an offence against section 59(1)(a) or
6                                      59A(1)(a) has been committed by a
7                                      learner driver; and
8                               (ii) a person may have been an instructor
9                                      providing driving instruction to that
10                                     learner driver at the time of that offence;
11                             or
12

13      (3)    In section 66(2)(cb)(i) delete "section 59(1)(a) or 59A(1)(a)"
14             and insert:
15

16             section 59(1)(a), (ba) or (bb) or 59A(1)(a), (ba) or (bb)
17

18      (4)    In section 66(2)(d) delete "63," and insert:
19

20             63; or
21

22      (5)    After section 66(2)(d) insert:
23

24                       (e)   a police officer has reasonable grounds to
25                             believe that --
26                               (i) the presence of a motor vehicle has
27                                     occasioned, or its use has been an
28                                     immediate or proximate cause of,
29                                     personal injury or damage to property;
30                                     and




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1                                  (ii)     a learner driver was driving or
2                                           attempting to drive the motor vehicle at
3                                           the time of that presence or use; and
4                                 (iii)     a person may have been an instructor
5                                           providing driving instruction to the
6                                           learner driver at that time; and
7                                 (iv)      at that time, the person would have
8                                           committed an offence against section 63
9                                           if the person had been driving a motor
10                                          vehicle,
11

12         (6)    In section 66(6a)(a) delete "(ca) or (d)," and insert:
13

14                (ca), (cb), (d) or (e),
15

16         (7)    In section 66(11) delete "(ca) or (d)" and insert:
17

18                (ca), (cb), (d) or (e)
19


20   48.          Section 66A amended
21                Before section 66A(1) insert:
22

23               (1A)   In this section an instructor providing driving
24                      instruction to a learner driver is not to be taken, under
25                      section 49AA, to be in charge of the motor vehicle
26                      driven by the learner driver.
27




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     s. 49


1    49.       Section 67 amended
2              In section 67(2) delete "person" and insert:
3

4              person, other than a person to whom section 68A(3) applies,
5


6    50.       Section 67AB amended
7              In section 67AB(2) delete "person" and insert:
8

9              person, other than a person to whom section 68A(3) applies,
10


11   51.       Section 67A amended
12             In section 67A(1) delete "person" and insert:
13

14             person, other than a person to whom section 68A(3) applies,
15


16   52.       Section 68A inserted
17             After section 67A insert:
18


19         68A.      Failure to comply with s. 66, 66C, 66D or 66E
20                   requirement: instructors
21             (1)   In this section --
22                   requirement means a requirement of a police officer
23                   made under section 66, 66C, 66D or 66E.
24             (2)   Subsection (3) applies to a person of whom a
25                   requirement was made on the basis that the person was,
26                   or that there were reasonable grounds to believe that
27                   the person was, an instructor providing driving
28                   instruction to a learner driver.


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1    (3)   A person to whom this subsection applies who fails to
2          comply with a requirement commits an offence.
3    (4)   A person convicted of an offence against this section is
4          liable to a fine of 20 PU.
5    (5)   It is a defence to a prosecution for an offence against
6          this section if the accused satisfies the court that there
7          was some substantial reason for the accused's failure to
8          comply other than a desire to avoid providing
9          information that might be used as evidence.
10   (6)   Without limiting the generality of subsection (5), it is a
11         defence to a prosecution for failing to comply with a
12         requirement under section 66, to provide a urine
13         sample, if the accused satisfies the court that the
14         accused attempted to comply with the requirement.
15   (7)   Without limiting the generality of subsection (5), it is a
16         defence to a prosecution for failing to comply with a
17         requirement to provide a sample of breath for a
18         preliminary test if the accused satisfies the court that
19         the accused complied with a requirement under
20         section 66, to provide a sample of breath for analysis or
21         to allow a sample of blood to be taken for analysis, that
22         arose out of --
23           (a) the accused's failure to comply with the
24                 requirement to provide a sample of breath for a
25                 preliminary test; or
26           (b) the circumstances that gave rise to the
27                 requirement to provide a sample of breath for a
28                 preliminary test.
29




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     s. 53



1    53.         Section 70B amended
2                In section 70B(1) after "offence against section" insert:
3

4                62B, 62C,
5


6    54.         Section 70 amended
7          (1)   In section 70(1) after "offence against section" insert:
8

9                62B,
10

11         (2)   In section 70(3a) after "offence against section" insert:
12

13               62C or
14

15         (3)   In section 70(3c) after "section 67(2)(a)" insert:
16

17               or 68A
18

19         (4)   In section 70(3d) after "section 67A(1)" insert:
20

21               or 68A
22

23         (5)   In section 70(5c), (5d) and (5e) delete "67AB or 67A." and
24               insert:
25

26               67AB, 67A or 68A.
27




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1          (6)   In section 70(6) delete "67AA or 67A." and insert:
2

3                67AA, 67A or 68A.
4


5      Subdivision 2 -- Road Traffic (Administration) Act 2008 amended

6    55.         Act amended
7                This Subdivision amends the Road Traffic (Administration)
8                Act 2008.

9    56.         Section 28 amended
10               In section 28 insert in alphabetical order:
11

12                     instructor has the meaning given in the Road Traffic
13                     Act 1974 section 49AAA;
14                     learner driver has the meaning given in the Road
15                     Traffic Act 1974 section 49AAA;
16                     provide driving instruction has the meaning given in
17                     the Road Traffic Act 1974 section 49AAA;
18


19   57.         Part 4 Division 2A inserted
20               After Part 4 Division 1 insert:
21


22           Division 2A -- When person taken to be instructor or in
23                            charge of vehicle
24           32A.      Circumstances in which person taken to be
25                     instructor or in charge of motor vehicle
26               (1)   For the purposes of this Part, unless the contrary is
27                     shown, a person is to be taken to be an instructor



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1                    providing driving instruction to a learner driver if the
2                    person is --
3                      (a) seated beside the learner driver in a motor
4                            vehicle driven by the learner driver; or
5                      (b) if there is no seat directly beside the learner
6                            driver --
7                               (i) seated in the seat nearest the learner
8                                     driver that faces forward in a motor
9                                     vehicle driven by the learner driver; or
10                             (ii) standing near the learner driver in a
11                                    motor vehicle driven by the learner
12                                    driver;
13                           or
14                     (c) riding in a side car attached, or on a pillion seat
15                           fitted, to a motor cycle driven by the learner
16                           driver.
17             (2)   Without limiting the circumstances in which a person
18                   is in charge of a motor vehicle, an instructor providing
19                   driving instruction to a learner driver is, for the
20                   purposes of this Part, to be taken to be in charge of the
21                   motor vehicle driven by the learner driver.
22             (3)   Subsection (2) does not affect any liability of a learner
23                   driver for any offence committed by that person while
24                   driving or being in charge of a vehicle.
25


26   58.       Section 33 amended
27             In section 33(1) delete "vehicle" and insert:
28

29             vehicle, or an instructor providing driving instruction to a
30             learner driver,
31




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1    59.         Section 35 amended
2          (1)   Delete section 35(1) and insert:
3

4                (1)     In this section --
5                        identity request means a request made under a road law
6                        for information as to the identity of the person who was
7                        driving or in charge of a vehicle at any particular time.
8

9          (2)   In section 35(2) delete "a driver" and insert:
10

11               an
12

13               Note: The heading to amended section 35 is to read:

14                       Duty to take reasonable measures to be able to comply with
15                       identity request

16   60.         Section 109 amended
17               In section 109(1):
18                 (a) in paragraph (f) after "section" insert:
19

20                         62B(4) or
21

22                 (b)     after paragraph (f) insert:
23

24                       (gaa)   that the vehicle to which the alleged offence
25                               relates was, at the time of the alleged offence, a
26                               motor vehicle referred to in the Road Traffic
27                               Act 1974 section 62B(5);
28




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1                          Division 4 -- Other amendments
2                  Subdivision 1 -- Road Traffic Act 1974 amended

3    61.         Act amended
4                This Subdivision amends the Road Traffic Act 1974.

5    62.         Section 49 amended
6          (1)   In section 49(1) in the Penalty delete "Penalty:" and insert:
7

8                Penalty for this subsection:
9

10         (2)   In section 49(1) in the Penalty paragraph (c) after "(b)," insert:
11

12               (ca),
13

14         (3)   Delete section 49(3)(b) and insert:
15

16                       (b)    who, at the time of the commission of the
17                              offence, is disqualified from holding or
18                              obtaining an Australian driver licence of a kind
19                              required, other than for the reason described in
20                              paragraph (d), whether or not the person has
21                              ever held an Australian driver licence of the
22                              kind required; or
23                       (ca)   who has held an Australian driver licence of a
24                              kind required but ceased to hold the licence of
25                              that kind most recently held other than --
26                                 (i) because the person had, before the time
27                                      of the commission of the offence,
28                                      voluntarily surrendered the licence most
29                                      recently held; or
30                                (ii) because the licence expired; or

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1                                (iii)   for the reason described in
2                                        paragraph (d);
3                               or
4

5          (4)   In section 49(4) and (6) after "(b)," insert:
6

7                (ca)
8

9          (5)   In section 49(7) in the definition of relevant offence
10               paragraph (a) after "(b)," insert:
11

12               (ca)
13


14   63.         Section 78A amended
15               In section 78A in the definition of impounding offence
16               (driver's licence) paragraph (a) after "(b)," insert:
17

18               (ca),
19


20   64.         Section 110 inserted
21               At the end of Part VIII insert:
22


23           110.        Transitional provisions for the Road Traffic
24                       Legislation Amendment Act (No. 2) 2015
25               (1)     Until the Road Traffic Legislation Amendment Act
26                       (No. 2) 2015 section 62(2) comes into operation,
27                       section 49(1) has effect as if paragraph (c) of the
28                       Penalty also referred to the application of
29                       subsection (3)(ca).


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1                (2)   Until the Road Traffic Legislation Amendment Act
2                      (No. 2) 2015 section 63 comes into operation, the
3                      definition of impounding offence (driver's licence)
4                      paragraph (a) in section 78A, has effect as if it also
5                      referred to section 49(3)(ca).
6


7      Subdivision 2 -- Road Traffic (Administration) Act 2008 amended

8    65.         Act amended
9                This Subdivision amends the Road Traffic (Administration)
10               Act 2008.

11   66.         Section 117 amended
12         (1)   In section 117(1) delete "section --" and insert:
13

14               section and section 117A --
15

16         (2)   In section 117(1) delete the definition of Minister.
17         (3)   In section 117(1) insert in alphabetical order:
18

19                     approved procedure, in relation to setting up,
20                     installing, testing or retrieving data from speed
21                     measuring and recording equipment or producing
22                     images from the data, means the procedure approved
23                     by the Commissioner of Police;
24                     Minister means the Minister to whom the
25                     administration of the Police Act 1892 is committed;
26                     speed measuring and recording equipment means
27                     apparatus of a type approved by the Minister under
28                     subsection (2)(c);
29




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1    (4)   In section 117(1) in the definition of authorised person after
2          paragraph (b) insert:
3

4                          and
5                    (c)   in relation to speed measuring and recording
6                          equipment, means --
7                             (i) a police officer; or
8                            (ii) a person certified by the Commissioner
9                                   of Police as being competent to install,
10                                  set up, test or retrieve data from, the
11                                  equipment or produce images from the
12                                  data;
13

14   (5)   In section 117(1) in the definition of distance measuring
15         equipment delete "(3);" and insert:
16

17         (2)(b);
18

19   (6)   In section 117(1) in the definition of speed measuring
20         equipment delete "(2)." and insert:
21

22         (2)(a).
23

24   (7)   Delete section 117(2) and (3) and insert:
25

26         (2)   The Minister may, from time to time, by notice
27               published in the Gazette, approve of types of apparatus
28               for the purposes of --
29                 (a) ascertaining the speed at which a vehicle is
30                       moving; or
31                 (b) ascertaining distances on roads; or


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1                       (c)   ascertaining the speed at which a vehicle is
2                             moving, recording an image of the vehicle and
3                             recording --
4                                (i) the speed at which the vehicle was
5                                     moving; and
6                               (ii) the date on which the image was
7                                     recorded; and
8                              (iii) the time and location at which the image
9                                     was recorded; and
10                             (iv) the speed limit applicable at that
11                                    location at that time.
12              (3)   The Minister may, by notice published in the Gazette,
13                    revoke an approval under subsection (2).
14

15      (8)     Delete section 117(6) and insert:
16

17              (6)   In a prosecution for an offence under a written law
18                    evidence may be given of --
19                      (a) the use of speed measuring and recording
20                            equipment at a particular location; and
21                      (b) the identity of a vehicle as recorded by that
22                            equipment at a particular time; and
23                      (c) the speed at which a vehicle was moving as
24                            ascertained and recorded by that equipment at
25                            that time.
26            (7A)    The evidence referred to in subsection (6) is prima
27                    facie evidence of the identity of the vehicle and the
28                    speed at which it was moving at that time and location.
29             (7B)   In a prosecution mentioned in subsection (6), evidence
30                    of the matters referred to in that subsection may be
31                    given in the form of an image of the vehicle on which
32                    is recorded the matters referred to in subsection (2)(c),


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1                  as ascertained and recorded by the speed measuring
2                  and recording equipment at the time and location
3                  referred to in subsection (6).
4

5     (9)   In section 117(7):
6             (a) delete "(5)," and insert:
7

8                   (4), (5) or (6),
9

10           (b)    after "person was" insert:
11

12                  speed measuring equipment, speed measuring and
13                  recording equipment or
14

15   (10)   Delete section 117(8) and insert:
16

17          (8)    In a prosecution mentioned in subsection (4), (5) or (6),
18                 a certificate purporting to be signed by the
19                 Commissioner of Police certifying that a specified
20                 person is, or was at the material time, a person certified
21                 by the Commissioner as being competent to --
22                   (a) use distance measuring equipment; or
23                   (b) use speed measuring equipment; or
24                   (c) install, set up, test or retrieve data from, speed
25                          measuring and recording equipment or produce
26                          images from the data,
27                 is prima facie evidence of the matters in the certificate,
28                 without proof of the signature of the person purporting
29                 to have signed it or proof that the purported signatory
30                 was the Commissioner.
31




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1    67.       Sections 117A to 117I inserted
2              After section 117 insert:
3
4          117A.     Evidentiary provisions for images recorded by
5                    speed measuring and recording equipment
6              (1)   If, in a prosecution mentioned in section 117(6),
7                    evidence is given in the form of an image as described
8                    in section 117(7B) and the image is accompanied by a
9                    certificate under subsection (2), the image --
10                     (a) is to be accepted as having been recorded as
11                            described in section 117(7B), unless there is
12                            evidence to the contrary; and
13                     (b) is prima facie evidence of the matters shown in
14                            or recorded on the image.
15             (2)   For the purposes of subsection (1), the certificate is a
16                   certificate purporting to be signed by the
17                   Commissioner of Police, certifying that --
18                     (a) the equipment, specified in the certificate, was
19                            speed measuring and recording equipment; and
20                     (b) the equipment was installed or set up by an
21                            authorised person, named in the certificate, in
22                            accordance with the approved procedure on a
23                            day specified in the certificate; and
24                     (c) the equipment was tested by an authorised
25                            person, named in the certificate, in accordance
26                            with the approved procedure on a day, specified
27                            in the certificate, that was within the prescribed
28                            number of days (for that type of equipment)
29                            before the day on which the alleged offence
30                            was committed; and
31                     (d) on the specified day referred to in paragraph (c)
32                            and on the day on which the alleged offence
33                            was committed, the equipment was accurate
34                            and operating properly; and

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1            (e)   data relating to the vehicle and its speed, and
2                  the time and place at which its speed was
3                  ascertained and the data recorded, was retrieved
4                  from the equipment by an authorised person,
5                  named in the certificate, in accordance with the
6                  approved procedure; and
7            (f)   the data referred to in paragraph (e) was used to
8                  produce the image by an authorised person,
9                  named in the certificate, in accordance with the
10                 approved procedure.
11   (3)   The certificate is prima facie evidence of the matters in
12         it.
13   (4)   A certificate under subsection (2) is not admissible in
14         evidence in a prosecution mentioned in section 117(6)
15         unless a copy of the certificate and a copy of the
16         relevant image are given to the accused at least 28 days
17         before the day on which the proceedings begin or
18         within a shorter period that is agreed by the accused.
19   (5)   If a copy of the image and the certificate have been
20         given as required by subsection (4), the accused cannot
21         challenge or call into question a matter certified in the
22         certificate unless --
23           (a) notice in writing of the accused's intention is
24                  given to the prosecutor at least 14 days before
25                  the proceedings begin; or
26           (b) the court, in the interests of justice, gives the
27                  accused leave to so do.
28   (6)   A notice under subsection (5)(a) must specify the
29         matter that is to be challenged or called into question.
30   (7)   In a prosecution mentioned in section 117(6), it is to be
31         presumed, in the absence of evidence to the contrary,
32         that a certificate under subsection (2) purporting to
33         have been signed by the Commissioner of Police was


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1                    so signed, without proof of the signature of the person
2                    purporting to have signed it or proof that the purported
3                    signatory was the Commissioner.

4          117B.     Evidence of average speed as actual speed
5              (1)   In this section and in sections 117C to 117I --
6                    authorised person means --
7                      (a) a police officer; or
8                      (b) a person certified by the Commissioner of
9                             Police as being competent to install, set up, test
10                            or retrieve data from, an average speed
11                            detection system or produce images from the
12                            data;
13                   average speed detection system means a system,
14                   comprising electronic equipment linked to an
15                   information technology system and computer
16                   programs, of a type approved by the Minister under
17                   section 117C;
18                   carriageway means a portion of a road that is designed
19                   or ordinarily used for vehicular traffic;
20                   detection points means the different points on a
21                   carriageway by reference to which the average speed of
22                   a vehicle is proposed to be calculated;
23                   Minister means the Minister to whom the
24                   administration of the Police Act 1892 is committed;
25                   shortest practicable distance, that could be travelled
26                   by a vehicle on a carriageway between detection
27                   points, means the shortest distance between those
28                   points that a driver of the vehicle could have used to
29                   travel between the points without contravening any
30                   road law applicable to the driver.




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1    (2)   In a prosecution for an offence under any written law
2          evidence may be given of --
3            (a) the use of an average speed detection system in
4                  respect of a particular location; and
5            (b) the identity of a vehicle as ascertained by that
6                  system at a particular time; and
7            (c) the average speed of a vehicle between
8                  detection points calculated in accordance with
9                  section 117D.
10   (3)   The evidence referred to in subsection (2)(b) is prima
11         facie evidence of the identity of the vehicle.
12   (4)   The average speed of a vehicle referred to in
13         subsection (2)(c) is prima facie evidence of the actual
14         speed of the vehicle between the detection points.
15   (5)   In a prosecution mentioned in subsection (2), evidence
16         of the matters referred to in that subsection may be
17         given in the form of an image of the vehicle on which
18         is recorded --
19           (a) the location referred to in subsection (2)(a); and
20           (b) the time referred to in subsection (2)(b); and
21           (c) the average speed of the vehicle between
22                 detection points calculated in accordance with
23                 section 117D (which may have been calculated
24                 using an average speed detection system).
25   (6)   In a prosecution mentioned in subsection (2), evidence
26         by an authorised person that a system used in respect of
27         a particular location was an average speed detection
28         system is prima facie evidence of that fact.
29   (7)   In a prosecution mentioned in subsection (2), a
30         certificate purporting to be signed by the
31         Commissioner of Police certifying that a specified
32         person is, or was at the material time, an authorised


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1                    person is prima facie evidence of the matters in the
2                    certificate, without proof of the signature of the person
3                    purporting to have signed it or proof that the purported
4                    signatory was the Commissioner.
5              (8)   This section is in addition to, and does not derogate
6                    from, any other mode of proof of the speed of a
7                    vehicle.

8          117C.     Average speed detection systems
9              (1)   The Minister may, from time to time, by notice
10                   published in the Gazette, approve types of average
11                   speed detection systems for the purposes of --
12                     (a) ascertaining the average speed of a vehicle
13                          between detection points; and
14                     (b) recording --
15                             (i) an image of the vehicle; and
16                            (ii) the date on which the image was
17                                  recorded; and
18                           (iii) the time and location at which the image
19                                  was recorded.
20             (2)   The Minister may, by notice published in the Gazette,
21                   revoke an approval under subsection (1).

22         117D.     How average speed is to be calculated
23                   The average speed of a vehicle between detection
24                   points is to be calculated in accordance with the
25                   following formula and expressed in kilometres per hour
26                   rounded down to the next whole number --
                     D T × 3600
27
                          T




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1            where --
2             DT is the total shortest practicable distance,
3                  expressed in kilometres and rounded down to
4                  2 decimal places, that could be travelled by a
5                  vehicle on a carriageway between the detection
6                  points;
7              T is the time, expressed in seconds, that elapsed
8                  between the vehicle passing the first and last
9                  detection points.

10   117E.   How average speed limit is to be calculated
11           The average speed limit for a driver of a vehicle on a
12           carriageway between detection points in circumstances
13           where more than one speed limit applied to the driver
14           between those points is to be calculated in accordance
15           with the following formula and expressed in kilometres
16           per hour rounded up to the next whole number --
                 DT
17
             D1 D 2   D
               +    +K n
             S1 S2    Sn

18           where --
19           DT              is the total shortest practicable
20                           distance, expressed in kilometres and
21                           rounded down to 2 decimal places, that
22                           could be travelled by a vehicle on a
23                           carriageway between the detection
24                           points;
25           D1, D2 ... Dn   are each part of the total shortest
26                           practicable distance DT between the
27                           detection points, expressed in
28                           kilometres and rounded down to
29                           2 decimal places, for the different
30                           speed limits S1, S2 ... Sn that would


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1                                    have applied to the driver of the vehicle
2                                    between the detection points;
3                    S1, S2 ... Sn   are each of the speed limits, expressed
4                                    in kilometres per hour, that would have
5                                    applied to the driver of the vehicle if
6                                    the vehicle were travelling along the
7                                    shortest practicable distance DT on a
8                                    carriageway between the detection
9                                    points.

10         117F.     Evidence of, proceedings for, certain matters
11                   related to evidence of average speed
12             (1)   The following provisions apply in a prosecution
13                   mentioned in section 117B(2) --
14                    (a) for the purposes of calculating the vehicle's
15                           average speed and any average speed limit, the
16                           vehicle and any of its drivers are to be taken to
17                           have travelled between the detection points by
18                           means of the shortest practicable distance
19                           between those points regardless of the actual
20                           route taken by any of the drivers between the
21                           points;
22                    (b) if more than one speed limit applied to a driver
23                           of a vehicle between detection points --
24                             (i) the average speed limit for the driver on
25                                   a carriageway between the points
26                                   calculated in accordance with
27                                   section 117E is to be taken (subject to
28                                   section 117B(8)) to be the speed limit
29                                   that applied to the driver at all times on
30                                   the carriageway between those points;
31                                   and
32                            (ii) a driver of, and any responsible person
33                                   for, the vehicle may be dealt with under
34                                   a road law accordingly;


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1              (c)   if there was more than one driver of the vehicle
2                    between the detection points, each driver is to
3                    be taken to have driven the vehicle at the
4                    average speed of the vehicle calculated in
5                    accordance with section 117D, except as
6                    provided by subsection (2).
7      (2)   Subsection (1)(c) does not apply to a driver --
8             (a) who satisfies the court that he or she did not, at
9                   any time whilst driving the vehicle between the
10                  detection points, drive at a speed that exceeded
11                  the speed limit applicable to that driver; or
12            (b) in prescribed circumstances.
13     (3)   If there is evidence of the average speed of a vehicle
14           between detection points calculated in accordance with
15           section 117D, one or more drivers of the vehicle may
16           be prosecuted for, and found guilty or convicted of, an
17           offence in respect of which the evidence was given.

18   117G.   Evidentiary provisions for images recorded by
19           average speed detection systems
20     (1)   If, in a prosecution mentioned in section 117B(2),
21           evidence is given in the form of an image as described
22           in section 117B(5) and the image is accompanied by a
23           certificate under subsection (2), the image --
24             (a) is to be accepted as having been recorded as
25                    described in section 117B(5), unless there is
26                    evidence to the contrary; and
27             (b) is prima facie evidence of the matters shown in
28                    or recorded on the image.
29     (2)   For the purposes of subsection (1), the certificate is a
30           certificate purporting to be signed by the
31           Commissioner of Police certifying that --
32             (a) the system, specified in the certificate, was an
33                    average speed detection system; and

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1                     (b)   components of the system were tested by an
2                           authorised person, named in the certificate, in
3                           accordance with the approved procedure on a
4                           day, specified in the certificate, that was within
5                           the prescribed number of days (for each
6                           component) before the day on which the
7                           alleged offence was committed; and
8                     (c)   on the specified day referred to in paragraph (b)
9                           and on the day on which the alleged offence
10                          was committed, the components were operating
11                          properly and were accurate; and
12                    (d)   data obtained from the system was obtained by
13                          an authorised person, named in the certificate,
14                          in accordance with the approved procedure; and
15                    (e)   the image was produced by an authorised
16                          person, named in the certificate, in accordance
17                          with the approved procedure, from data
18                          obtained from the system.
19             (3)   In subsection (2) --
20                   approved means approved by the Commissioner of
21                   Police.
22             (4)   A certificate under subsection (2) may also certify any
23                   one or more of the following matters --
24                     (a) the average speed calculated in accordance with
25                           section 117D at which the vehicle travelled
26                           between detection points (which may have been
27                           calculated using the average speed detection
28                           system);
29                    (b) if one speed limit applied to a driver of the
30                           vehicle between detection points (measured
31                           along the shortest practicable distance), the
32                           speed limit;
33                     (c) if more than one speed limit applied to a driver
34                           of the vehicle between detection points

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1                   (measured along the shortest practicable
2                   distance) --
3                     (i) each distance for which each speed limit
4                          applied to the driver, expressed in
5                          kilometres and rounded down to
6                          2 decimal places; and
7                    (ii) the average speed limit calculated in
8                          accordance with section 117E that
9                          applied to the driver between the
10                         detection points (which may have been
11                         calculated using the average speed
12                         detection system).
13     (5)   The certificate is prima facie evidence of the matters in
14           it.
15     (6)   In a prosecution mentioned in section 117B(2), it is to
16           be presumed, in the absence of evidence to the
17           contrary, that a certificate under subsection (2)
18           purporting to have been signed by the Commissioner of
19           Police was so signed, without proof of the signature of
20           the person purporting to have signed it or proof that the
21           purported signatory was the Commissioner.

22   117H.   Certificate evidence as to shortest practicable
23           distance
24     (1)   In this section --
25           licensed surveyor has the meaning given in the
26           Licensed Surveyors Act 1909 section 3(1).
27     (2)   In a prosecution mentioned in section 117B(2), a
28           certificate purporting to be signed by a licensed
29           surveyor certifying any one or more of the following
30           matters is prima facie evidence of the matters that are
31           certified, without proof of the signature of the person



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1                    purporting to have signed it or proof that the purported
2                    signatory was a licensed surveyor --
3                      (a) the shortest practicable distance, expressed in
4                            kilometres and rounded down to 2 decimal
5                            places, that could be travelled by a vehicle on a
6                            carriageway between detection points;
7                      (b) if more than one speed limit between detection
8                            points applied (measured along the shortest
9                            practicable distance), each distance for which
10                           each speed limit applied, expressed in
11                           kilometres and rounded down to 2 decimal
12                           places.

13         117I.     Certificate, image copies to be given before
14                   proceedings
15             (1)   A certificate of the Commissioner of Police under
16                   section 117G is not admissible in evidence in a
17                   prosecution mentioned in section 117B(2) unless a
18                   copy of the certificate and a copy of the relevant image
19                   are given to the accused at least 28 days before the day
20                   on which the proceedings begin or within a shorter
21                   period that is agreed by the accused.
22             (2)   A certificate of a licensed surveyor under section 117H
23                   is not admissible in evidence in a prosecution
24                   mentioned in section 117B(2) unless a copy of the
25                   certificate is given to the accused at least 28 days
26                   before the day on which the proceedings begin or
27                   within a shorter period that is agreed by the accused.
28             (3)   If a copy of a certificate has been given as required by
29                   subsection (1) or (2), the accused cannot challenge or
30                   call into question a matter certified in the certificate
31                   unless --
32                     (a) notice in writing of the accused's intention is
33                            given to the prosecutor at least 14 days before
34                            the proceedings begin; or

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1                     (b)    the court, in the interests of justice, gives the
2                            accused leave to do so.
3            (4)     A notice under subsection (3)(a) must specify the
4                    matter that is to be challenged or called into question.
5


6    68.     Part 9 Division 2 replaced
7            Delete Part 9 Division 2 and insert:
8


9             Division 2 -- Transitional provisions arising from
10             certain amendments made by the Road Traffic
11                 Legislation Amendment Act (No. 2) 2015
12         166.      Terms used
13                   In this Division --
14                   commencement day means the day on which the Road
15                   Traffic Legislation Amendment Act (No. 2) 2015
16                   section 66 comes into operation;
17                   RT(A) Act means the Road Traffic (Administration)
18                   Act 2008 as in force before commencement day.

19         167.      Approval of apparatus for ascertaining vehicle
20                   speed
21                   An approval under the RT(A) Act section 117(2) that
22                   was in effect immediately before commencement day
23                   is, on and from commencement day, to be taken to be
24                   an approval for the purposes mentioned in
25                   section 117(2)(a).

26         168.      Approval of apparatus for ascertaining distances on
27                   roads
28                   An approval under the RT(A) Act section 117(3) that
29                   was in effect immediately before commencement day


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1                    is, on and from commencement day, to be taken to be
2                    an approval for the purposes mentioned in
3                    section 117(2)(b).

4          169.      Certain authorised persons to be authorised persons
5                    for speed measuring and recording equipment,
6                    average speed detection systems
7              (1)   In this section --
8                    speed measuring equipment has the meaning given in
9                    the RT(A) Act section 117(1).
10             (2)   A person who, immediately before commencement
11                   day, is a person certified by the Commissioner of
12                   Police as being competent to use speed measuring
13                   equipment is, on and from commencement day, to be
14                   taken to be a person certified by the Commissioner of
15                   Police as being competent to install, set up, test and
16                   retrieve data from speed measuring and recording
17                   equipment as defined in section 117(1) and produce
18                   images from the data.
19             (3)   A person who, immediately before commencement
20                   day, is a person certified by the Commissioner of
21                   Police as being competent to use speed measuring
22                   equipment is, on and from commencement day, to be
23                   taken to be a person certified by the Commissioner of
24                   Police as being competent to install, set up, test and
25                   retrieve data from an average speed detection system as
26                   defined in section 117B(1) and produce images from
27                   the data.
28


29




 


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