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This is a Bill, not an Act. For current law, see the Acts databases.
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 page 17 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. 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 page 18 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to taking samples Division 2 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 page 19 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 2 Amendments relating to taking samples 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. page 20 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to taking samples Division 2 s. 35 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 page 21 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 2 Amendments relating to taking samples s. 37 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 page 22 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to taking samples Division 2 s. 38 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. page 23 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 2 Amendments relating to taking samples s. 39 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 page 24 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to taking samples Division 2 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 page 25 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 3 Amendments relating to driving instructors 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. page 26 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to driving instructors Division 3 s. 42 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 page 27 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 3 Amendments relating to driving instructors s. 43 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 page 28 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to driving instructors Division 3 s. 44 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 page 29 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 3 Amendments relating to driving instructors s. 44 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 page 30 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to driving instructors Division 3 s. 45 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 page 31 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 3 Amendments relating to driving instructors 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 page 32 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to driving instructors Division 3 s. 48 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 page 33 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 3 Amendments relating to driving instructors 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. page 34 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to driving instructors Division 3 s. 52 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 page 35 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 3 Amendments relating to driving instructors 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 page 36 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to driving instructors Division 3 s. 55 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 page 37 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 3 Amendments relating to driving instructors s. 58 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 page 38 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Amendments relating to driving instructors Division 3 s. 59 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 page 39 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 61 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 page 40 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 63 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). page 41 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 65 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 page 42 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 66 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 page 43 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 66 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), page 44 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 66 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 page 45 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 67 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 page 46 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 67 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 page 47 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 67 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. page 48 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 67 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 page 49 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 67 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 page 50 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 67 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 page 51 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 67 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; page 52 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 67 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 page 53 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 67 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 page 54 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 67 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 page 55 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 67 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 page 56 Road Traffic Legislation Amendment Bill (No. 2) 2015 Amendments that will be brought into operation by Part 3 proclamation Other amendments Division 4 s. 68 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 page 57 Road Traffic Legislation Amendment Bill (No. 2) 2015 Part 3 Amendments that will be brought into operation by proclamation Division 4 Other amendments s. 68 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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