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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Legislation Amendment
(Disqualification by Notice) Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. Act amended 3
4. Section 6AA inserted 3
6AA. Delegation of functions of Commissioner
of Police 3
5. Section 51 amended 4
6. Section 64 amended 4
7. Section 66 amended 5
8. Section 66B amended 6
9. Section 66E amended 6
10. Section 67 amended 6
11. Sections 71C to 71H inserted 6
71C. Disqualification by member of Police
Force 6
71D. Consequences of disqualification notice 9
71E. Revocation of disqualification notice by
member of Police Force 9
71F. Revocation of disqualification notice by
court order 10
71G. Revocation of disqualification on acquittal
or dismissal of charge 11
71H. Period of disqualification to be taken into
account on conviction 11
12. Section 76 amended 11
13. Section 98A amended 14
157--1 page i
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Contents
14. Section 104K amended 14
15. Section 106A amended 14
Part 3 -- Road Traffic
(Administration) Act 2008
amended
16. Act amended 15
17. Section 117 amended 15
Part 4 -- Road Traffic (Authorisation
to Drive) Act 2008 amended
18. Act amended 16
19. Section 17 amended 16
20. Section 25 replaced 16
25. Term used: application 16
21. Section 27 amended 17
22. Section 28 amended 17
23. Section 29 amended 17
24. Section 30 amended 18
25. Section 31 replaced 18
31. When further application can be made 18
26. Section 36 amended 18
27. Section 37 amended 18
28. Section 52 amended 19
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic Legislation Amendment
(Disqualification by Notice) Bill 2010
A Bill for
An Act to amend the Road Traffic Act 1974, the Road Traffic
(Administration) Act 2008 and the Road Traffic (Authorisation to
Drive) Act 2008.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Legislation Amendment
4 (Disqualification by Notice) Act 2010.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) sections 3 and 6 to 10 -- on the day after that day;
10 (c) the rest of the Act -- on a day fixed by proclamation,
11 and different days may be fixed for different provisions.
page 2
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 3
1 Part 2 -- Road Traffic Act 1974 amended
2 3. Act amended
3 This Part amends the Road Traffic Act 1974.
4 4. Section 6AA inserted
5 After section 6 insert:
6
7 6AA. Delegation of functions of Commissioner of Police
8 (1) The Commissioner of Police may delegate to --
9 (a) a specified member of the Police Force; or
10 (b) a member of the Police Force of a specified
11 class; or
12 (c) a person who is employed in the department of
13 the Public Service principally assisting in the
14 administration of the Police Act 1892,
15 any power or duty of the Commissioner under another
16 provision of this Act other than a power delegated to
17 the Commissioner under section 83(6).
18 (2) The delegation must be in writing signed by the
19 Commissioner of Police.
20 (3) A person to whom a power or duty is delegated under
21 this section cannot delegate that power or duty.
22 (4) A person exercising or performing a power or duty that
23 has been delegated to the person under this section, is
24 to be taken to do so in accordance with the terms of the
25 delegation unless the contrary is shown.
page 3
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 5
1 (5) Nothing in this section limits the ability of the
2 Commissioner of Police to perform a function through
3 an officer or agent.
4
5 Note: The heading to section 6A is to be amended to read:
6 Delegation of functions of Director General
7 5. Section 51 amended
8 Delete section 51(4) and insert:
9
10 (4A) If the holder of a driver's licence that is a provisional
11 licence is disqualified from holding or obtaining a
12 driver's licence --
13 (a) by a licence suspension order made under the
14 Fines, Penalties and Infringement Notices
15 Enforcement Act 1994; or
16 (b) by a disqualification notice given to the person
17 under section 71C,
18 the provisional licence is, by operation of this
19 subsection, suspended so long as the disqualification
20 continues in force.
21 (4) While a provisional licence is suspended under
22 subsection (4A) it is of no effect, but this section does
23 not operate so as to extend the period for which the
24 licence may be valid or effective beyond the time when
25 the licence would be due to expire.
26
27 6. Section 64 amended
28 In section 64(1) delete "offence." and insert:
29
30 offence, and the offender may be arrested without warrant.
31
page 4
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 7
1 7. Section 66 amended
2 (1) In section 66(2) delete "(5), (6a), (7) and (8a)," and insert:
3
4 (5) and (6a),
5
6 (2) In section 66(5) delete "nominated by the person to take a
7 sample of his blood" and insert:
8
9 nominated by the member of the Police Force to take a
10 sample of the person's blood
11
12 (3) In section 66(6a)(b) delete "nominated by the person".
13 (4) Delete section 66(7), (8), (8a) and (9).
14 (5) In section 66(11):
15 (a) delete "or (d), or pursuant to his own requirement made
16 under subsection (7)," and insert:
17
18 or (d)
19
20 (b) in paragraph (c) delete "nominated by the person to take
21 a sample of his blood" and insert:
22
23 nominated by the member of the Police Force
24 to take a sample of the person's blood
25
26 (c) in paragraph (d) delete "nominated by the person with a
27 sample of his urine" and insert:
28
29 nominated by the member of the Police Force
30 with a sample of the person's urine
31
page 5
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 8
1 (6) Delete section 66(13), (14) and (15).
2 8. Section 66B amended
3 (1) In section 66B(1)(d) and (e) delete "nominated by the person"
4 and insert:
5
6 nominated by the member of the Police Force
7
8 (2) Delete section 66B(5) and (6).
9 9. Section 66E amended
10 (1) In section 66E(1) delete "nominated by the person" and insert:
11
12 nominated by the member of the Police Force
13
14 (2) Delete section 66E(5) and (6).
15 10. Section 67 amended
16 In section 67(2) delete "offence." and insert:
17
18 offence, and the offender may be arrested without warrant.
19
20 11. Sections 71C to 71H inserted
21 After section 71B insert:
22
23 71C. Disqualification by member of Police Force
24 (1) This section applies if --
25 (a) a member of the Police Force (the member), as
26 a result of an analysis of a sample of a person's
27 breath or blood, has reason to suspect that the
page 6
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 11
1 person (the alleged offender) has committed an
2 offence under section 63 or 64 (the alleged
3 offence); or
4 (b) a member of the Police Force (the member) has
5 reason to suspect that a person (the alleged
6 offender) has committed an offence against
7 section 67 (the alleged offence).
8 (2) If this section applies the member may give the alleged
9 offender a notice that is in accordance with this section
10 (a disqualification notice) by delivering the notice to
11 the alleged offender personally.
12 (3) The disqualification notice must contain a statement to
13 the effect that the alleged offender is disqualified from
14 holding or obtaining a driver's licence for a period
15 commencing on receipt of the notice and ending on the
16 day that is 2 months after the day the notice is received
17 unless before the expiry of that period the notice is
18 revoked under section 71E, 71F or 71G.
19 (4) The disqualification notice must --
20 (a) identify the provision under which the notice is
21 given; and
22 (b) specify the grounds on which the notice is
23 given; and
24 (c) identify the time and date on which the alleged
25 offence was committed; and
26 (d) identify where the alleged offence was
27 committed; and
28 (e) describe the alleged offence with reasonable
29 clarity; and
30 (f) identify the provision that creates the alleged
31 offence.
32 (5) The disqualification notice must also include a
33 statement to the effect that section 71F contains law
page 7
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 11
1 about the circumstances in which the alleged offender
2 may apply to a court for an order revoking the notice.
3 (6) A disqualification notice cannot be given to an alleged
4 offender --
5 (a) if the alleged offence is an offence under
6 section 63 or 64, more than 10 days after the
7 later of --
8 (i) the day of the alleged offence; or
9 (ii) if a sample of the alleged offender's
10 blood was taken under section 66 in
11 connection with the alleged offence, the
12 day on which a member of the Police
13 Force receives an analysis result of the
14 sample;
15 or
16 (b) if the alleged offence is an offence under
17 section 67, more than 10 days after the day of
18 the alleged offence.
19 (7) If a member gives a person a disqualification notice the
20 member must write on the notice the time and date
21 when it was given and the time and date when the
22 disqualification expires.
23 (8) A member may, by written notice given to a person to
24 whom a disqualification notice has been given, amend
25 the disqualification notice to correct any error in the
26 disqualification notice.
27 (9) If a member gives a person a disqualification notice or
28 a notice amending a disqualification notice in
29 accordance with this section the member must, as soon
30 as is practicable, cause particulars of the notice to be
31 sent to the Director General.
page 8
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 11
1 71D. Consequences of disqualification notice
2 (1) A person who is given a disqualification notice in
3 accordance with section 71C is disqualified from
4 holding or obtaining a driver's licence for the period
5 set out in the notice unless the notice is sooner revoked.
6 (2) The period of disqualification imposed under
7 subsection (1) is concurrent with any other period for
8 which the person is disqualified from holding or
9 obtaining a driver's licence.
10 71E. Revocation of disqualification notice by member of
11 Police Force
12 (1) A member of the Police Force must immediately
13 revoke a disqualification notice if --
14 (a) the member becomes aware that the breath
15 analysing equipment used to analyse the sample
16 of the person's breath provided in connection
17 with the offence to which the notice relates was
18 faulty at the time of the analysis; or
19 (b) a charge for the offence to which the notice
20 relates has not been laid within 10 days after
21 the time when the notice was given; or
22 (c) a charge for the offence to which the notice
23 relates is discontinued.
24 (2) If under this section a member of the Police Force
25 revokes a disqualification notice the member must, as
26 soon as is practicable, cause notice of the revocation to
27 be given to --
28 (a) the person to whom the disqualification notice
29 was given under section 71C; and
30 (b) the Director General.
page 9
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 11
1 71F. Revocation of disqualification notice by court order
2 (1) A person to whom a disqualification notice is given
3 under section 71C may apply to the Magistrates Court
4 or, if the person is under 18 years of age, to the
5 Children's Court, for an order directing the
6 Commissioner of Police to revoke the notice.
7 (2) An application made under subsection (1) must --
8 (a) be made in accordance with any applicable
9 rules of court; and
10 (b) include particulars of the exceptional
11 circumstances that the applicant alleges justifies
12 the making of the order; and
13 (c) be served on the Commissioner of Police at
14 least 14 days before it is heard and determined.
15 (3) The Commissioner of Police is entitled to be heard on
16 an application made under subsection (1).
17 (4) The court may either make an order directing the
18 Commissioner of Police to revoke the disqualification
19 notice from the day specified in the order or refuse the
20 application.
21 (5) The court must not make an order directing the
22 Commissioner of Police to revoke a disqualification
23 notice unless it is satisfied that exceptional
24 circumstances exist that justify the making of such an
25 order.
26 (6) If a court makes an order directing the Commissioner
27 of Police to revoke a disqualification notice, the court
28 is to cause a copy of the order to be sent to the Director
29 General.
page 10
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 12
1 71G. Revocation of disqualification on acquittal or
2 dismissal of charge
3 (1) If a court --
4 (a) acquits a person of an offence to which a
5 disqualification notice relates; or
6 (b) dismisses a charge for an offence to which a
7 disqualification notice relates,
8 the disqualification notice is revoked.
9 (2) If under this section a disqualification notice is
10 revoked, the court is to cause particulars of the
11 revocation to be sent to the Director General.
12 71H. Period of disqualification to be taken into account
13 on conviction
14 (1) This section applies if a court convicts a person of the
15 offence to which a disqualification notice relates.
16 (2) If this section applies, the court is to take into account
17 any period of disqualification imposed under
18 section 71D(1) in respect of the disqualification notice
19 when making an order disqualifying the person from
20 holding or obtaining a driver's licence.
21
22 12. Section 76 amended
23 (1) In section 76(1ac):
24 (a) before paragraph (a) insert:
25
26 (aa) under section 71D(1); or
27
28 (b) delete "paragraph (a)" and insert:
29
30 paragraph (aa), (a)
31
page 11
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 12
1 (2) In section 76(1a):
2 (a) delete "No" and insert:
3
4 Subject to subsection (1B), no
5
6 (b) in paragraph (f) delete "64(2)(a)" and insert:
7
8 64(2)(b)
9
10 (c) after each of paragraphs (a) to (f) insert:
11
12 or
13
14 (3) After section 76(1a) insert:
15
16 (1B) A period referred to in subsection (1a) in relation to an
17 offence is to be reduced by any period during which
18 the applicant was disqualified from holding or
19 obtaining a driver's licence by a disqualification notice
20 given to the applicant under section 71C in relation to
21 the offence.
22
23 (4) Delete section 76(2)(c).
24 (5) In section 76(3):
25 (a) delete "Subject to subsection (3a), the" and insert:
26
27 The
28
29 (b) in paragraph (e) delete "disqualification; and" and
30 insert:
31
32 disqualification,
33
page 12
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 12
1 (c) delete paragraph (f);
2 (d) after each of paragraphs (a) to (d) insert:
3
4 and
5
6 (6) Delete section 76(3a).
7 (7) In section 76(3b):
8 (a) delete the passage that begins with "For" and ends with
9 "hardship if " and insert:
10
11 Despite subsection (3), the court shall not make an
12 order directing the grant of an extraordinary licence
13 unless it is satisfied that
14
15 (b) after paragraph (a) insert:
16
17 or
18
19 (8) In section 76(4) delete "subsection (1), not being a special
20 application," and insert:
21
22 subsection (1)
23
24 (9) Delete section 76(4a), (12) and (12a).
25 (10) In section 76(13) delete "subsection (1a) and (12) --" and
26 insert:
27
28 subsection (1a) --
29
page 13
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 13
1 13. Section 98A amended
2 Delete section 98A(6) and (7).
3 14. Section 104K amended
4 (1) Delete section 104K(2).
5 (2) In section 104K(4) delete the passage that begins with
6 "election," and continues to the end of the subsection and insert:
7
8 election.
9
10 (3) After section 104K(4) insert:
11
12 (5A) The day stated in the notice as the day on which the
13 period of disqualification is to commence is to be --
14 (a) a day that is after the notice is given; and
15 (b) if subsection (1)(b) applies, a day that is after
16 the period of disqualification referred to in that
17 paragraph has ended.
18
19 15. Section 106A amended
20 After section 106A(2) insert:
21
22 (3) Despite subsection (2), a period for which the court
23 must, in accordance with subsection (1), disqualify an
24 offender for an offence is to be reduced by any period
25 during which the offender was disqualified by a
26 disqualification notice given to the offender under
27 section 71C in relation to the offence.
28
page 14
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic (Administration) Act 2008 amended Part 3
s. 16
1 Part 3 -- Road Traffic (Administration) Act 2008
2 amended
3 16. Act amended
4 This Part amends the Road Traffic (Administration) Act 2008.
5 17. Section 117 amended
6 Delete section 117(10) and (11).
page 15
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 4 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 18
1 Part 4 -- Road Traffic (Authorisation to Drive)
2 Act 2008 amended
3 18. Act amended
4 This Part amends the Road Traffic (Authorisation to Drive)
5 Act 2008.
6 19. Section 17 amended
7 Delete section 17(1) and insert:
8
9 (1) If the holder of a driver's licence that is a provisional
10 licence is disqualified from holding or obtaining a
11 driver's licence --
12 (a) by a licence suspension order made under the
13 Fines, Penalties and Infringement Notices
14 Enforcement Act 1994; or
15 (b) by a disqualification notice given to the person
16 under the Road Traffic Act 1974 section 71C,
17 the provisional licence is, by operation of this
18 subsection, suspended so long as the disqualification
19 continues in force.
20
21 20. Section 25 replaced
22 Delete section 25 and insert:
23
24 25. Term used: application
25 In this Division --
26 application, except in sections 35, 36 and 37, means an
27 application under section 27.
28
page 16
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic (Authorisation to Drive) Act 2008 amended Part 4
s. 21
1 21. Section 27 amended
2 In section 27(3):
3 (a) after paragraph (a) insert:
4
5 (ba) under the Road Traffic Act 1974
6 section 71D(1); or
7
8 (b) delete "paragraph (a)" and insert:
9
10 paragraph (a), (ba)
11
12 22. Section 28 amended
13 (1) In section 28(2) delete "An" and insert:
14
15 Subject to subsection (3), an
16
17 (2) Delete section 28(3) and insert:
18
19 (3) A period referred to in subsection (2) in relation to an
20 offence is to be reduced by any period during which
21 the applicant was disqualified by a disqualification
22 notice given to the applicant under the Road Traffic
23 Act 1974 section 71C in relation to the offence.
24
25 (3) In section 28(4) delete the passage that begins with "and" and
26 ends with "25".
27 23. Section 29 amended
28 Delete section 29(3).
page 17
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Part 4 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 24
1 24. Section 30 amended
2 (1) In section 30(2):
3 (a) in paragraph (e) delete "disqualification; and" and
4 insert:
5
6 disqualification.
7
8 (b) delete paragraph (f).
9 (2) Delete section 30(3).
10 (3) In section 30(4) delete the passage that begins with "For" and
11 ends with "hardship if " and insert:
12
13 Despite subsections (1) and (2), the court must not
14 make an order directing the grant of an extraordinary
15 licence unless it is satisfied that
16
17 25. Section 31 replaced
18 Delete section 31 and insert:
19
20 31. When further application can be made
21 If an application is refused no further application can
22 be made within 6 months after the date of the refusal.
23
24 26. Section 36 amended
25 In section 36 delete "or that is a special application".
26 27. Section 37 amended
27 In section 37 delete "or that is a special application".
page 18
Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010
Road Traffic (Authorisation to Drive) Act 2008 amended Part 4
s. 28
1 28. Section 52 amended
2 (1) Delete section 52(2).
3 (2) In section 52(4) delete the passage that begins with "election,"
4 and continues to the end of the subsection and insert:
5
6 election.
7
8 (3) After section 52(4) insert:
9
10 (5A) The day stated in the notice as the day on which the
11 period of disqualification is to commence is to be --
12 (a) a day that is after the notice is given; and
13 (b) if subsection (1)(b) applies, a day that is after
14 the period of disqualification referred to in that
15 paragraph has ended.
16
17 29. Section 67 amended
18 In section 67(4) delete "76(1), not being a special application,"
19 and insert:
20
21 76(1)
22
23
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