Traffic Amendment (Infringement Notices) Act 1997
An Act to amend the Traffic Act 1925
[Royal Assent 8 May 1997]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Traffic Amendment (Infringement Notices) Act 1997 .
The provisions of this Act commence on a day or days to be proclaimed.
In this Act, the Traffic Act 1925 is referred to as the Principal Act.
4. Section 43H amended (Service and acceptance of traffic infringement notices)
Section 43H of the Principal Act is amended as follows:(a) by omitting from subsection (4)(a) "council clerk" and substituting "general manager of the council";(b) by omitting from subsection (4)(b) "council clerk" and substituting "general manager";(c) by inserting in subsection (4)(b) "or general manager" before "may direct";(d) by inserting after subsection (4A) the following subsection:(4B) A person on whom a traffic infringement notice has been served may accept the notice in either of the ways specified in subsection (4) after the end of the relevant period specified in that subsection or an additional period allowed under subsection (4A) if a complaint has not been laid, or an enforcement order has not been made, under the Justices Act 1959 in respect of the alleged offence which is the subject of the notice.
5. Section 43HA substituted
Section 43HA of the Principal Act is repealed and the following section is substituted:43HA. Notification of driver by statutory declaration
(1) A person on whom a traffic infringement notice has been served may provide a statutory declaration to the relevant police officer or authorised officer stating the name and address of the person who was in charge of the vehicle at all relevant times relating to the alleged offence.(2) If a statutory declaration is provided under subsection (1) , a traffic infringement notice in respect of the offence to which the declaration relates may be served under this Act on the person named in the declaration as the person who was in charge of the vehicle at all times relevant to that offence.(3) If a statutory declaration provided under subsection (1) is produced in any proceedings in respect of the offence to which the declaration relates against the person named in the declaration as the person who was in charge of the vehicle at all times relevant to that offence, the declaration is evidence –(a) in the case of a parking offence, that the person was in charge of the vehicle at all times relevant to that offence; or(b) in the case of any other prescribed offence, that the person was the driver of the vehicle at the time when the offence occurred.
6. Section 43J amended (Withdrawal of traffic infringement notices)
Section 43J of the Principal Act is amended as follows:(a) by omitting from subsection (1) "within the period of –" and substituting "before the first of the following events occurs:";(b) by omitting paragraphs (a) and (b) from subsection (1) and substituting the following paragraphs:(a) an enforcement order in respect of the traffic infringement notice is made under Part IXA of the Justices Amendment (Infringement Notices) Act 1997 ;(b) a complaint is laid under the Justices Act 1959 in respect of the offence which is the subject of the traffic infringement notice;(c) the period during which a complaint under the Justices Act 1959 may be laid in respect of the offence which is the subject of the traffic infringement notice ends.(c) by inserting the following subsections after subsection (1A):(1B) A traffic infringement notice that has been served on a person is taken to have been withdrawn under subsection (1) and a withdrawal notice is taken to have been served on that person under subsection (1A) if the person who was issued with the traffic infringement notice –(a) provides a statutory declaration to a police officer or authorised officer under section 43HA; or(b) shows to the satisfaction of a police officer or authorised officer that –(i) the person was not in charge of the vehicle at the relevant time; and(ii) could not with reasonable diligence know who was in charge of the vehicle at that time.(1C) A traffic infringement notice that has been served on a person is taken to have been withdrawn under subsection (1) and a withdrawal notice is taken to have been served on that person under subsection (1A) if –(a) the enforcement order in respect of the traffic infringement notice is revoked under section 92O(1) or 92X(1) of the Justices Act 1959 ; or(b) a request is filed by a prosecuting authority under section 92R of that Act in respect of that enforcement order.
[Second reading presentation speech made in:
House of Assembly on 28 NOVEMBER 1997
Legislative Council on 17 APRIL 1997]