Vehicle and Traffic (Transitional and Consequential) Act 1999
An Act to make transitional provisions, repeals and amendments consequential on the enactment of the Vehicle and Traffic Act 1999
[Royal Assent 15 December 1999]
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:
PART 1 - Preliminary
This Act may be cited as the Vehicle and Traffic (Transitional and Consequential) Act 1999 .
This Act commences on a day or days to be proclaimed.
PART 2 - Transitional Provisions
(1) In this Part –commencement day means the day on which the provision in which the expression is used commences;former Motor Vehicles Taxation Act provisions means the provisions of the repealed Motor Vehicles Taxation Act 1981 and of the regulations under that Act;former provisions means the former Motor Vehicles Taxation Act provisions and the former Traffic Act provisions or any of those provisions;former Traffic Act provisions means the provisions of the Traffic Act 1925 repealed by this Act and of the regulations relating to those provisions;new Act means the Vehicle and Traffic Act 1999 .(2) Words and expressions used in this Part that are defined in the new Act have, unless the contrary intention appears, the same meanings as in the new Act.
4. Continuation of registration
(1) If a vehicle was registered under the former Traffic Act provisions immediately before the commencement day, the registration continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed, as if the vehicle had been registered under the new Act.(2) Any conditions or restrictions of the registration remain in force, subject to the new Act, as if they were conditions imposed under the new Act.(3) The registered owner of a vehicle registered under the former Traffic Act provisions immediately before the commencement day is to be regarded as the registered operator as from the commencement day and continues, subject to this section and the new Act, to be the registered operator of the vehicle (even though the registered owner might not be eligible to be nominated as the registered operator under the new Act).(4) If 2 natural persons become the registered operators of a vehicle under subsection (3) –(a) they may, at any time before a nomination is required under subsection (5) , lodge a notice of nomination, in a form approved by the Registrar, nominating one of them to be the registered operator; and(b) the person so nominated continues, subject to the new Act, as the sole registered operator of the vehicle.(5) A person who is eligible to be the registered operator of the vehicle is to be nominated as the registered operator of the vehicle –(a) in the first application for renewal of registration after the commencement day or in a notice of nomination, in a form approved by and lodged with the Registrar within 21 days after the date of the application; or(b) if there is an earlier application for transfer of the registration – in that earlier application.(6) The following provisions apply if a nomination is not made in accordance with subsection (5) :(a) in the case of an application for transfer of registration made before the registration first falls due for renewal after the commencement day – the transfer is not to be registered until a person who is eligible to be the registered operator is nominated as the registered operator;(b) in the case of an application for renewal of the registration of a heavy vehicle, the registration is, subject to the new Act, to be renewed as from the end of the previous registration period but in that case –(i) if one natural person is recorded in the register as the registered operator (formerly the registered owner) of the vehicle – that person will continue, subject to the new Act, as the registered operator of the vehicle; and(ii) if 2 natural persons are recorded in the register as the registered operator (formerly registered owner) of the vehicle – the Registrar is to select one who is eligible to be the registered operator as the registered operator and that person will continue, subject to subsection (8) and the new Act, as the sole registered operator of the vehicle; and(iii) if a body corporate, a government department or State authority is recorded in the register as the registered operator (formerly registered owner) of the vehicle – it will continue, subject to the new Act, as the registered operator of the vehicle; and(iv) if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, but a natural person or a body corporate was immediately before the commencement day recorded in the register as being responsible for the vehicle – the natural person or body corporate will become the registered operator of the vehicle; and(v) if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, and there is no record of a natural person or body corporate that can become the registered operator under subparagraph (iv) – the Registrar is to suspend the registration until a person or body that is eligible to be the registered operator of the vehicle is nominated as such;(c) in the case of an application for renewal of the registration of a light vehicle, the registration is, subject to the new Act, to be renewed as from the end of the previous registration period without change of registered operator, but if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, the following provisions apply:(i) if a natural person or body corporate was immediately before the commencement day recorded in the register as being responsible for the vehicle – the natural person or body corporate will become the registered operator of the vehicle;(ii) if there is no record of a natural person or body corporate that can become the registered operator under subparagraph (i) – the Registrar is to suspend the registration until a person or body that is eligible to be the registered operator of the vehicle is nominated as such.(7) Despite subsection (6) , if the registered operator (formerly registered owner) of a vehicle is –the Registrar may select a person recorded in the register as being responsible for the vehicle or any other person associated with the unincorporated club, trust or association or the business whom the Registrar considers appropriate as the registered operator of the vehicle.(a) an unincorporated club, trust or association; or(b) recorded in the register under a business name –(8) In any case in which the Registrar is empowered to select a person to be the registered operator of a vehicle, the persons recorded in the register as the registered operator (formerly registered owner) of the vehicle may, before or within 3 months after a selection is made, nominate one of them as the registered operator and, in that event, the person nominated will, if eligible to be the registered operator of the vehicle, become and continue, subject to the new Act, as the registered operator (to the exclusion, if a selection has already been made, of the person selected by the Registrar).(9) If none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of a vehicle is eligible to be the registered operator of the vehicle and a natural person or body corporate who is recorded in the register as being responsible for the vehicle becomes the registered operator under subsection (6)(b)(iv) or subsection (6)(c)(i) , the former registered owner may, within 3 months after that person becomes the registered operator, nominate a person to be the registered operator of the vehicle and, in that event, the person nominated will, if eligible to be the registered operator of the vehicle, become and continue, subject to the new Act, as the registered operator (to the exclusion of the person who became the registered operator under subsection (6)(b)(iv) or subsection (6)(c)(i) ).(10) A natural person who is the registered owner of a heavy vehicle under the former Traffic Act provisions on the commencement day is eligible to be the registered operator of that vehicle even though he or she has not attained the age of 18 years.(11) If the registration of a vehicle expired 3 months or less before the commencement day, the registration may, if an application for renewal of the registration is made no later than 3 months after the date of expiry, be renewed under the new Act.(12) If, as at the commencement day, a vehicle formerly registered under the Traffic Act provisions was unregistered, the former registered owner of the vehicle will be regarded as its registered operator until registration of the vehicle is next granted or renewed or the former registered owner gives the Registrar notice, in a form approved by the Registrar, that he or she has ceased to be responsible for the vehicle (whichever happens first) but, in the case of an unregistered heavy vehicle with 2 former registered owners, the Registrar may select one of them to be regarded as the registered operator and, in that event, the person selected will be regarded as the registered operator during the relevant period.(13) If a vehicle was registered under the former Traffic Act provisions, an address in Tasmania is to be nominated as the vehicle's garage address –(a) in the first application for renewal of registration after the commencement day or in a notice of nomination, in a form approved by and lodged with the Registrar within 21 days after the date of the application; or(b) if there is an earlier application for transfer of the registration – in that earlier application.(14) If a nomination is not made as required by subsection (13) –(a) in the case of an application for transfer of the registration made before the registration first falls due for renewal after the commencement day – the transfer is not to be registered until a garage address is nominated; or(b) in the case of an application for renewal of registration, the registration is, subject to the new Act, to be renewed but in that case –(i) if the registered operator has a residential address in Tasmania – the Registrar may select the address as the vehicle's garage address; or(ii) if not – the Registrar is to suspend the registration until an address in Tasmania is nominated as the vehicle's garage address.(15) If a motor vehicle or a trailer was required to be registered under the former Traffic Act provisions but is not required to be registered under the new Act –(a) the registration is cancelled on the commencement day; and(b) the registered operator is entitled to a refund of part of the prescribed fees paid under the former Traffic Act provisions when the vehicle was last registered or its registration was last renewed, determined on a basis approved by the Registrar.(16) If a motor vehicle or a trailer was not required to be registered under the former Traffic Act provisions but is required to be registered under the new Act –(a) the vehicle is exempt from registration under the new Act for 6 months after the commencement day; and(b) during that period, the former Traffic Act provisions that were applicable to the vehicle continue to apply in relation to the vehicle.(17) If a vehicle registered in another State or a Territory or in a foreign country was, immediately before the commencement day, exempt from registration under the former Traffic Act provisions because of its registration in that other State, Territory or country, the exemption continues in force, subject to the relevant former Traffic Act provisions, as an exemption from the requirement to be registered under the new Act until it expires or is terminated under the former Traffic Act provisions.
5. Certificates of registration, registration labels and number plates
(1) A certificate of registration, a registration label or a number plate which was issued under the former Traffic Act provisions and was in force immediately before the commencement day, is taken to be a certificate of registration, registration label or number plate issued under the new Act (despite any non-conformity with the requirements of the new Act).(2) A registration label issued under the former Traffic Act provisions is taken to be properly displayed as required by the new Act (despite any actual non-conformity with the requirements of the new Act) if it is displayed as required by the former Traffic Act provisions.
6. General identification marks to be regarded as trade plates
(1) A general identification mark which was in force under the former Traffic Act provisions immediately before the commencement day is taken to be a trade plate issued under the new Act and it continues in force, subject to the new Act, for the balance of the period for which it was issued but it must, for the balance of that period, be properly displayed as required by the former Traffic Act provisions.(2) Any conditions or restrictions affecting the use of the general identification mark continue in force as if they were conditions imposed under the new Act.
7. Short term permits to be taken to be short term unregistered vehicle permits
(1) A short term permit authorising the use of an unregistered vehicle on public streets which was in force under the former Traffic Act provisions immediately before the commencement day, is taken to be a short term unregistered vehicle permit issued under the new Act and it continues in force, subject to the new Act, for the balance of the period for which it was issued but it must, for the balance of that period, be properly displayed as required by the former Traffic Act provisions.(2) Any conditions or restrictions affecting the use of a vehicle under a short term permit continue in force as if they were conditions imposed under the new Act.
A temporary upgrade permit which was in force under the former Motor Vehicles Taxation Act provisions immediately before the commencement day is taken to be a temporary upgrade permit issued under the new Act and it continues in force, subject to the new Act, for the balance of the period for which it was issued.
9. Continuation of GVM and GCM
(1) A determination of the GVM or GCM of a vehicle under the former Traffic Act provisions is taken to be the vehicle's GVM or GCM under the new Act until the Registrar determines otherwise.(2) A determination of the GTM (Gross Trailer Mass) of a vehicle made under the former Traffic Act provisions is taken, for the purposes of subsection (1) , to be a determination of the vehicle's GVM.
The nominated configuration for a heavy vehicle as recorded in the register immediately before the commencement day –(a) is taken to be a configuration nominated by the registered operator of the vehicle under the new Act; and(b) continues as the vehicle's nominated configuration under the new Act until the registered operator changes it in accordance with the new Act.
11. Continuation of driver licences
(1) A driver's licence that was in force under the former Traffic Act provisions immediately before the commencement day continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed as if it were a driver licence of the corresponding class issued under the new Act.(2) Any conditions or restrictions of the licence remain in force, subject to the new Act, as if they were conditions imposed under the new Act.(3) If, before the commencement day, the holder of a motor cycle licence drove, under the authority of the licence, a motor vehicle for which a car licence is required under the new Act, the licence continues to authorise the holder to drive the same vehicle, or a vehicle of the same kind, until –(a) if the first renewal of the licence after the commencement day falls due at least 6 months after the commencement day –(i) the date on which the first renewal falls due; or(ii) an earlier date notified by the Registrar to the holder of the licence; or(b) in any other case – a date notified by the Registrar to the holder of the licence.(4) If, before the commencement day, the holder of a car licence drove, under the authority of the licence, a motor vehicle for which a motor cycle licence is required under the new Act, the licence continues to authorise the holder to drive the same vehicle, or a vehicle of the same kind, until –(a) if the first renewal of the licence after the commencement day falls due at least 6 months after the commencement day –(i) the date on which the first renewal falls due; or(ii) an earlier date notified by the Registrar to the holder of the licence; or(b) in any other case – a date notified by the Registrar to the holder of the licence.(5) A driver's licence issued under the former Traffic Act provisions that continues in force as a driver licence under this section is taken (despite any actual non-conformity) to comply with the requirements of the new Act as to its form and content.(6) A person who was, immediately before the commencement day, authorised to drive a motor vehicle under the former Traffic Act provisions because he or she held an authority to drive a motor vehicle issued under the law of another State or a Territory or of a foreign country is, subject to the new Act, exempt from the requirement to hold a driver licence under the new Act for the balance of the period for which the authorisation under the former Traffic Act provisions would, assuming those provisions had continued in operation, have continued.
12. Driving instructor's licence
(1) A driving instructor's licence authorising the holder to provide driving instruction for reward which was in force under the former Traffic Act provisions immediately before the commencement day continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed as if it were an ancillary certificate under the new Act authorising the holder to provide driving instruction for reward.(2) Any conditions or restrictions of the driving instructor's licence remain in force, subject to the new Act, as if they were conditions of the ancillary certificate imposed under the new Act.(3) A driving instructor's licence issued under the former Traffic Act provisions that continues in force as an ancillary certificate under this section is taken (despite any actual non-conformity) to comply with the requirements of the new Act as to its form and content.
13. Certificates authorising driving of public passenger vehicles
(1) A certificate authorising the holder to drive a public passenger vehicle which was in force under the former Traffic Act provisions immediately before the commencement day continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed as if it were an ancillary certificate under the new Act authorising the holder to drive a public passenger vehicle.(2) Any conditions or restrictions of the certificate remain in force, subject to the new Act, as if they were conditions of the ancillary certificate imposed under the new Act.(3) A certificate authorising the holder to drive a public passenger vehicle issued under the former Traffic Act provisions that continues in force as an ancillary certificate under this section is taken (despite any actual non-conformity) to comply with the requirements of the new Act as to its form and content.(4) A person who was, immediately before the commencement day, exempt from the requirement to hold a certificate authorising the holder to drive a public passenger vehicle because he or she held a similar authority issued under the law of another State or a Territory is, subject to the new Act, exempt from the requirement to hold such an ancillary certificate conferring a similar authorisation under the new Act for the balance of the period for which the exemption under the former Traffic Act provisions would, assuming those provisions had continued in operation, have continued.
14. Registrar of Motor Vehicles
(1) The person occupying the position of Registrar of Motor Vehicles immediately before the commencement day continues, subject to the Tasmanian State Service Act 1984 , in that position.(2) A reference in any statutory instrument, contract or other instrument to the Motor Registry, the Commission or to a registering authority in connection with vehicle registration, motor tax or driver licensing is to be read and construed as a reference to the Registrar of Motor Vehicles.
15. Preservation of administrative decisions and acts
(1) Any administrative act or decision done or made before the commencement day for the purposes of the former provisions is effective (so far as relevant and applicable) subject to, and for the purposes of, the corresponding provisions of the new Act.(2) Subject to subsection (3) , any application made, or notice given, under the former provisions may be dealt with under the corresponding provisions of the new Act.(3) An application for the renewal of a driver's licence under the former Traffic Act provisions that was received but not decided by the Registrar before the commencement day is taken to be an application for the renewal of a driver licence of the corresponding class under the new Act but is to be dealt with and determined under the former Traffic Act provisions as if those provisions had not been repealed and continued to govern the determination of the application.(4) Any administrative act or administrative proceeding commenced (but not completed) under the former provisions may be continued and completed under the corresponding provisions of the new Act.(5) Any delegation of powers or functions made by the Commission or the Registrar of Motor Vehicles under the former provisions or the Transport Act 1981 continues in force, subject to the new Act, as if it were a corresponding delegation of powers or functions by the Registrar under the new Act.(6) Any agreement made by the Commission about the exercise of delegated powers or functions continues in force and is binding on the Registrar.
(1) Demerit points recorded against a person under the former demerit points provisions continue, subject to this section and the new Act, as demerit points for the purposes of the new Act.(2) Demerit points may be recorded under the new Act in respect of offences committed before the commencement day.(3) The former demerit points provisions continue in operation in relation to the following:and those provisions continue to apply until the end of any relevant probationary period or period of licence disqualification.(a) a person subject to a probationary period or a period of licence disqualification that had commenced under those provisions but had not been completed before the commencement day;(b) a person who would, assuming those provisions had not been repealed, have become liable to licence disqualification as a result of the accumulation of demerit points in respect of offences committed before the commencement day –(4) For the purposes of subsection (3) , a relevant probationary period or period of licence disqualification is –(a) a probationary period or period of licence disqualification that commenced under the former demerit points provisions before the commencement day; or(b) a probationary period or period of licence disqualification that commenced under the former demerit points provisions after the commencement day because of the accumulation of demerit points relating to offences committed before the commencement day; or(c) a period of licence disqualification (for 6 months) that commenced under the former demerit points provisions after the commencement day because of the accumulation of demerit points (relating to offences committed before, on or after the commencement day) during a probationary period.(5) In this section –former demerit points provisions means the former Traffic Act provisions relevant to the demerit points scheme established under those provisions;licence disqualification means a disqualification from holding or obtaining a driver's licence under the former demerit points provisions.
17. Continuation of requirements
(1) A requirement imposed under the former provisions continues in force for the purposes of the corresponding provisions of the new Act.(2) If a defect notice, a defect order, a discontinuance notice or a discontinuance order was issued but not finally dealt with under the former Traffic Act provisions before the commencement day, those provisions continue in force for the purposes of the enforcement of the notice or order.
18. Continuation of evidentiary and other certificates
(1) If a certificate or other document was issued under the former provisions, and evidentiary value was assigned to the certificate or other document by those provisions, it continues in force for the purposes of the corresponding provisions of the new Act as if it were an evidentiary certificate issued under the new Act.(2) Any other certificate or document issued under, or for the purposes of, the former provisions continues in force for the purposes of the new Act as if it had been issued under, or for the purposes of, the corresponding provisions of the new Act.
A register that was kept under the former Traffic Act provisions immediately before the commencement day is taken to be a register under the new Act.
(1) A liability for motor tax, fees or any other monetary amount that had accrued under the former provisions before the commencement day may be enforced under the former provisions (which continue in force to the necessary extent).(2) Proceedings for an offence alleged to have been committed before the commencement day may (subject to any relevant time limitation for commencing such proceedings) be taken under the former provisions on or after the commencement day (and the former provisions continue in force to the necessary extent for dealing with any such offence).(3) Any legal proceedings (whether civil or criminal) that had been commenced, but not completed, before the commencement day may be continued and completed under the former provisions (which continue in force to the necessary extent).
21. Property in documents, &c., issued under former provisions
The property in any document, plate or device issued under the former provisions is vested in the Registrar.
(1) The Governor may make regulations of a savings or transitional nature.(2) A provision of a regulation made under this section may, if the regulation so provides, operate retrospectively from the commencement day or a specified later date.
PART 3 - Consequential Amendments
23. Motor Vehicles Taxation Act 1981 repealed
The Motor Vehicles Taxation Act 1981 is repealed.
The Acts specified in Schedule 1 are amended as specified in that Schedule.
SCHEDULE 1 - Consequential AmendmentsAmbulance Service Act 1982
1. Section 3 is amended by omitting the definition of motor vehicle and substituting the following definition:Bills of Sale Act 1900motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
1. Section 5A is amended by omitting subsection (2) and substituting the following subsection:Commercial and Inquiry Agents Act 1974(2) For the purposes of subsection (1) –motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;trailer has the same meaning as in the Vehicle and Traffic Act 1999 .
1. Section 34 is amended by omitting subsection (3) and substituting the following subsection:Criminal Injuries Compensation Act 1976(3) In this section,motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 .
1. Section 4(7) is amended by omitting " Traffic Act 1925 " and substituting " Vehicle and Traffic Act 1999 ".Disposal of Uncollected Goods Act 1968
1. Section 2(1) is amended by omitting the definition of motor vehicle and substituting the following definition:Fire Damage Relief Act 1967motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
1. Section 17 is repealed.Fire Service Act 1979
1. Section 77K(1) is amended as follows:(a) by omitting "Transport Commission" twice occurring and substituting "Registrar of Motor Vehicles";(b) by omitting "it will, during the relevant financial year, receive for fees payable to it" and substituting "the Registrar will, during the relevant financial year, receive for fees payable";(c) by omitting "regulations made under the Traffic Act 1925 " and substituting "the Vehicle and Traffic Act 1999 ".
2. Section 77L is amended as follows:(a) by omitting from subsection (1) "Treasurer" and substituting "Registrar of Motor Vehicles";(b) by omitting from subsection (1) "1 July 1995" and substituting "1 July 2000";(c) by omitting from subsection (2) "Treasurer" and substituting "Registrar of Motor Vehicles";(d) by omitting from subsection (2) "within 14 days after the end of each quarter" and substituting "at least monthly";(e) by omitting from subsection (2) "one-quarter" and substituting "one-twelfth";(f) by omitting " Traffic Act 1925 " from the definition of V in subsection (3) and substituting " Vehicle and Traffic Act 1999 ".
3. Section 109(3A) is amended as follows:Government Business Enterprises Act 1995(a) by omitting paragraph (b) and substituting the following paragraph:(b) if the services were rendered in relation to a motor vehicle (other than a motor cycle) that was, when the services were rendered, registered under the Vehicle and Traffic Act 1999(b) by inserting "or registered operator" after "that person".
1. Section 109 is amended by omitting " Traffic Act 1925 " and substituting " Traffic Act 1925 or the Vehicle and Traffic Act 1999 ".Legal Profession Act 1993
1. Section 46(1) is amended by omitting paragraph (d) and substituting the following paragraph:Litter Act 1973(d) proceedings in a court of petty sessions relating to the entry of a plea of guilty to an offence against a regulation under the Traffic Act 1925 , the Vehicle and Traffic Act 1999 , or the Passenger Transport Act 1997 , and proceedings before the court consequent upon the entry of the plea;
1. Section 7 is amended as follows:Local Government Act 1993(a) by omitting from subsection (1) " Traffic Act 1925 " and substituting " Vehicle and Traffic Act 1999 ";(b) by omitting from subsection (1)(a) "owner" and substituting "registered operator";(c) by omitting from subsection (1)(b) "owner" and substituting "registered operator";(d) by omitting subsections (5) and (6) and substituting the following subsection:(5) In this section,registered operator has the same meaning as in the Vehicle and Traffic Act 1999 .
1. Section 170 is amended as follows:Local Government (Highways) Act 1982(a) by omitting subsection (2) and substituting the following subsection:(2) In respect of by-laws which create an offence concerning a vehicle, the following provisions apply:(a) the registered operator is taken to have committed the offence unless he or she was not in control of the vehicle at the time the offence was committed and –(i) not later than 14 days after being served with a notice of infringement furnishes the general manager with a statutory declaration which, in the general manager's opinion, proves the facts specified in subsection (3) ; or(ii) establishes those facts to the satisfaction of the court;(b) a notice of infringement may be addressed to –(i) the registered operator; or(ii) a person apparently in charge of the vehicle by the person's name; or(iii) if the name is not known when the notice of infringement is being made out – by the person's designation as the registered operator of the vehicle or person apparently in charge of it, identifying the vehicle by the number plate affixed to it, or, where there is no number plate, by other sufficient description;(c) evidence that –is evidence that the person whose name and address were shown was at the time they were shown the registered operator of that vehicle.(i) the name and address of a person were shown painted on or affixed to the outside of a vehicle; or(ii) the name and address of a person purporting to be the name and address of the registered operator of a vehicle were shown in any manner in or on that vehicle –(b) by omitting subsection (4) and substituting the following subsection:(4) In this section,registered operator –(a) in relation to a motor vehicle or trailer, has the same meaning as in the Vehicle and Traffic Act 1999 ; and(b) in relation to a bicycle, means the owner of the bicycle.
1. Section 45(3) is amended as follows:(a) by omitting " Traffic Act 1925 " and substituting " Vehicle and Traffic Act 1999 ";(b) by omitting "the person who, within the meaning of that Act, was the owner" and substituting "the person who, within the meaning of that Act, was the registered operator";(c) by omitting "would then have been its owner" and substituting "would then have been its registered operator".
2. Section 94(1) is amended by omitting paragraphs (b) , (c) and (d) from the definition of owner and substituting:(b) a person who is –(i) recorded as the registered operator of the vehicle under the Vehicle and Traffic Act 1999 ; or(ii) recorded as the registered operator of the vehicle under a law of another State or a Territory providing for the registration of vehicles;(c) a person who holds a trade plate under the Vehicle and Traffic Act 1999 or a similar authorisation under the corresponding law of another State or a Territory;(d) a person who holds a short term unregistered vehicle permit under the Vehicle and Traffic Act 1999 or a similar authorisation under the corresponding law of another State or a Territory;
3. Section 97(11) is amended as follows:(a) by omitting paragraph (b) and substituting the following paragraph:(b) a certificate signed by the Registrar of Motor Vehicles stating that a person named or referred to in the certificate was, as at a specified date, the registered operator, within the meaning of the Vehicle and Traffic Act 1999 , of a vehicle with a specified registration number is admissible as evidence that the person named or referred to in the certificate was the registered operator of the vehicle on the date specified in the certificate;(b) by omitting from paragraph (c) "registered owner" twice occurring and substituting "owner";(c) by omitting from paragraph (d) "the subject of a licence under section 14A of that Act " and substituting "registered as a hire and drive vehicle under the Vehicle and Traffic Act 1999 ";(d) by omitting from paragraph (d) "registered owner" and substituting "registered operator".
4. Section 102(1)(a) is amended by omitting "the Traffic Act 1925 " and substituting "the Vehicle and Traffic Act 1999 ".Motor Accidents (Liabilities and Compensation) Act 1973
1. Section 2(1) is amended as follows:(a) by omitting the definition of beach and substituting the following definition:beach means any land (whether above or below high-water mark) which forms, or forms part of, the beach or shore of the sea or any tidal waters;(b) by omitting the definition of motor registry ;(c) by omitting the definition of motor vehicle and substituting the following definition:motor vehicle means a motor vehicle or a trailer as defined in the Vehicle and Traffic Act 1999 ;(d) by omitting the definition of owner and substituting the following definition:owner of a motor vehicle means –(a) any person who owns or has property in the vehicle; and(b) any person who is the registered operator of the vehicle;(e) by omitting paragraph (a) from the definition of registered and substituting the following paragraph:(a) registered under the Vehicle and Traffic Act 1999 ; and(f) by omitting the definition of registered owner and substituting the following definition:registered operator of a motor vehicle means the person registered under the Vehicle and Traffic Act 1999 or a corresponding law of another State or a Territory as the registered operator of the motor vehicle;
2. Section 3 is amended by omitting "owned or used by or on behalf of the Crown" and substituting "of which the Crown is the owner or user, and to any motor vehicle used on its behalf".
3. Section 14(1) is amended by omitting "a person owning or using" and substituting "an owner or user of".
4. Section 16(1) is amended by omitting "a person owning or using" and substituting "an owner or user of".
5. Section 18 is amended as follows:(a) by omitting from subsection (1) "a person owning or using" and substituting "an owner or user of";(b) by omitting from subsection (3) "a person owning or using" and substituting "an owner or user of".
6. Section 19 is amended as follows:(a) by omitting from subsection (1) "a person owning or using" and substituting "an owner or user of";(b) by inserting the following subsection after subsection (1) :(1A) For the purposes of subsection (1) , an owner includes a person registered in another jurisdiction as the registered owner or registered operator of the permitted out-of-State vehicle.(c) by omitting from subsection (2) "the Traffic Act 1925 " and substituting "the Vehicle and Traffic Act 1999 ".
7. Section 21 is amended as follows:(a) by omitting from subsection (1) "the owner of any motor vehicle" and substituting "the registered operator of any motor vehicle";(b) by omitting from subsection (1)(c) "that owner" and substituting "the registered operator";(c) by omitting from subsection (1)(d) "that owner" and substituting "the registered operator";(d) by omitting from subsection (3) "as the person owning or using a motor vehicle" and substituting "as owner or user of a motor vehicle".
8. Section 24(2) is amended by omitting paragraph (b) and substituting the following paragraph:(b) Where at the time of the motor accident the person was driving a motor vehicle and –(i) did not hold a driver licence of the relevant class; and(ii) was not exempted from holding such a licence or otherwise authorised to drive a motor vehicle of the relevant class.
9. Section 29 is amended as follows:(a) by omitting subsection (1C) and substituting the following subsection:(1C) It is a defence to a charge of an offence under subsection (1) to prove that, at the time the motor vehicle was being used –(a) it was proceeding (under its own power or under tow) for the purpose of registration, by the most direct or convenient route to a place at which vehicles are registered, a vehicle inspection station, a weighbridge or another place directly associated with the registration process; or(b) it was proceeding (under its own power or under tow) from any such place by the most direct or convenient route to –(i) another such place; or(ii) a place where the vehicle could be conveniently garaged or kept; or(iii) a convenient place of repair after failing to pass inspection.(b) by omitting from subsection (2) " Section 34 of the Traffic Act 1925 applies" and substituting " Section 17 of the Vehicle and Traffic Act 1999 applies".
10. Section 31 is repealed.
11. Section 33 is amended as follows:(a) by inserting the following paragraph after paragraph (c) in subsection (2) :(ca) confer powers or impose duties on the Transport Commission, the Registrar of Motor Vehicles or any other person responsible for the administration or enforcement of transport legislation; and(b) by omitting from subsection (2)(d) "registered owner" and substituting "registered operator";(c) by omitting subsection (3) ;(d) by omitting subsection (7) and substituting the following subsection:(7) When information required to be recorded under subsection (4) is recorded by the Registrar of Motor Vehicles in a register kept under the Vehicle and Traffic Act 1999 , a certificate for the purposes of section 29 (1B) may be signed by the Registrar or the Registrar's delegate and that certificate is, unless the contrary is established, evidence of the matters stated in that certificate.
12. Section 36 is repealed.
13. Schedule 4 is repealed.Motor Vehicles Securities Act 1984
1. Section 3 is amended as follows:(a) by inserting the following definition after the definition of approved dealer :fee unit means a fee unit within the meaning of the Fee Units Act 1997 ;(b) by omitting the definition of motor vehicle and substituting the following definition:motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;(c) by omitting the definitions of Registrar , security interest and trailer and substituting the following definitions:Registrar means the Registrar of Motor Vehicles;security interest means an interest in a motor vehicle or trailer which is acknowledged in, created by, or otherwise arising under, a mortgage, lease, hire-purchase agreement, charge, or lien in respect of that motor vehicle or trailer;trailer has the same meaning as in the Vehicle and Traffic Act 1999 .
2. Section 5 is amended by omitting subsection (2) and substituting the following subsection:(2) A register kept under subsection (1) may be incorporated with a register kept under the Vehicle and Traffic Act 1999 .
3. Section 11(3) is amended by omitting paragraph (b) and substituting the following paragraph:(b) be accompanied by a fee of 10.10 fee units; and
4. Section 13(a) is amended by omitting "the owner within the meaning of the Traffic Act 1925 " and substituting "the registered operator within the meaning of the Vehicle and Traffic Act 1999 ".National Parks and Wildlife Act 1970
1. Section 47C is amended by omitting the definition of owner and substituting the following definition:registered operator of a motor vehicle or a trailer means the registered operator for the purposes of the Vehicle and Traffic Act 1999 or the corresponding law of another State or a Territory and includes –(a) in the case of a vehicle to which a trade plate or similar device is affixed under the Vehicle and Traffic Act 1999 or a corresponding law of another State or a Territory – the person to whom the trade plate or similar device was issued; or(b) in the case of a vehicle for which a short term unregistered vehicle permit under the Vehicle and Traffic Act 1999 or a similar authorisation under the corresponding law of another State or a Territory has been issued – the person to whom the permit or authorisation was issued;
2. Section 47D(2) is amended by omitting "the owner" and substituting "the registered operator".
3. Section 47I(1) is amended by omitting "owner" three times occurring and substituting "registered operator".
4. Section 47J is amended as follows:Passenger Transport Act 1997(a) by omitting subsection (1) and substituting the following subsection:(1) If there are 2 registered operators of a motor vehicle, proceedings for a prescribed offence may be brought against one of those registered operators or against both of them jointly.(b) by omitting from subsection (2) "2 or more registered owners" and substituting "2 registered operators";(c) by omitting from subsection (3) "2 or more registered owners" and substituting "2 registered operators".
1. Section 3 is amended as follows:(a) by omitting the definition of bus and substituting the following definition:bus has the same meaning as in the Vehicle and Traffic Act 1999 ;(b) by omitting the definition of motor vehicle and substituting the following definition:motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;(c) by omitting the definition of registered and substituting the following definition:registered operator has the same meaning as in the Vehicle and Traffic Act 1999 ;
2. Section 4 is amended by omitting "the Traffic Act 1925 or Taxi Industry Act 1995 " and substituting "the Taxi Industry Act 1995 , the Traffic Act 1925 or the Vehicle and Traffic Act 1999 ".
3. Section 6 is amended by omitting "owner or operator" and substituting "driver, registered operator or other person in charge".
4. Section 7 is amended as follows:(a) by omitting from subsection (1) " Traffic Act 1925 " and substituting " Vehicle and Traffic Act 1999 ,";(b) by omitting from subsection (2) "owner" and substituting "registered operator".
5. Section 8(2) is amended by omitting "owner" and substituting "registered operator".
6. Section 9(3) is amended by omitting "owner" and substituting "registered operator".
7. Section 10 is amended by omitting "owner" and substituting "registered operator".
8. Section 12 is amended as follows:(a) by omitting from subsection (2) "owner" and substituting "registered operator";(b) by omitting from subsection (3)(b) "owner" and substituting "registered operator".
9. Section 13 is amended as follows:(a) by omitting from subsection (2) "owner" and substituting "registered operator";(b) by omitting from subsection (3) "owner" and substituting "registered operator";(c) by omitting from subsection (4)(b) "owner" and substituting "registered operator".
10. Section 16(2) is amended by omitting "owner, driver or person in charge" and substituting "driver, registered operator or other person in charge".Petroleum Products Emergency Act 1994
1. Section 3 is amended by omitting the definition of motor vehicle and substituting the following definition:Plumbers and Gas-fitters Registration Act 1951motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
1. Section 2(1) is amended by omitting the definition of motor vehicle and substituting the following definition:Police Offences Act 1935motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
1. Section 25 is amended by omitting subsection (1) and substituting the following subsection:(1) In this section –motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;public street has the same meaning as in the Traffic Act 1925 .
2. Section 37A is amended as follows:(a) by inserting the following definition before the definition of authorized officer :Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;(b) by omitting the definition of driver's licence and substituting the following definition:driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;(c) by omitting the definitions of motor vehicle , owner and registering authority and substituting the following definitions:motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;registered operator has the same meaning as in the Vehicle and Traffic Act 1999 .
3. Section 37B(1) is amended by inserting "or registered operator" after "owner".
4. Section 37F is amended as follows:(a) by omitting from subsection (1) "for obtaining or holding a driver's licence" and substituting "from driving";(b) by omitting from subsection (2) "for obtaining or holding a driver's licence" and substituting "from driving";(c) by omitting subsection (3) and substituting the following subsection:(3) The period determined by a court under subsection (2) must be a period that expires not earlier than 12 months after the juvenile attains the age at which he or she would, but for the disqualification, become eligible to hold a driver licence under the Vehicle and Traffic Act 1999 .(d) by omitting from subsection (4) "for obtaining or holding a driver's licence" and substituting "from driving";(e) by inserting the following subsection after subsection (4) :(5) When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person against whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .
5. Section 37H is amended by omitting " Section 36 of the Traffic Act 1925 applies" and substituting " Section 18 of the Vehicle and Traffic Act 1999 applies".
6. Section 42(2) is amended by omitting paragraph (a) and substituting the following paragraph:(a) take or use any vehicle (other than a motor vehicle within the meaning of the Vehicle and Traffic Act 1999 ); or
7. Section 47 is amended by omitting the definition of motor-vehicle and substituting the following definition:Records of Offences (Access) Act 1981motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
1. Section 3(1) is amended as follows:Road Safety (Alcohol and Drugs) Act 1970(a) by omitting paragraph (c) from the definition of prescribed record and substituting the following paragraph:(c) records of demerit points kept under the Vehicle and Traffic Act 1999 –(b) by omitting paragraph (b) from the definition of recording authority and substituting the following paragraph:(b) the Registrar of Motor Vehicles; or
1. The long title is omitted and the following long title is substituted:An Act to protect the public against the risks inherent in the driving of vehicles after consumption of intoxicating liquor or drugs; and for related purposes
2. Section 2 is amended as follows:(a) by omitting the definition of medical practitioner from subsection (1) ;(b) by omitting subsection (2) and substituting the following subsection:(2) In this Act –Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;foreign driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;international driving permit has the same meaning as in the Vehicle and Traffic Act 1999 ;learner licence has the same meaning as in the Vehicle and Traffic Act 1999 ;medical practitioner has the same meaning as in the Vehicle and Traffic Act 1999 ;motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;provisional licence has the same meaning as in the Vehicle and Traffic Act 1999 ;public street has the same meaning as in the Traffic Act 1925 ;restricted driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;vehicle has the same meaning as in the Traffic Act 1925 .(c) by omitting from subsection (5) "learner's licence has charge of a vehicle or motor vehicle, both that holder and the holder of a driver's licence who is or was seated in or on that vehicle or motor vehicle next to him or her" and substituting "learner licence has charge of a vehicle or motor vehicle, both that holder and the holder of an Australian driver licence who is or was seated in or on that vehicle or motor vehicle and instructing the learner driver";(d) by omitting from subsection (6) "driver's licence" and substituting "Australian driver licence";(e) by omitting from subsection (6)(a) "learner's permit" and substituting "learner licence";(f) by omitting from subsection (6)(b) "learner's permit" and substituting "learner licence".
3. Section 5 is amended as follows:(a) by omitting subsection (1) and substituting the following subsection:(1) If a police officer has reasonable grounds to suspect that a person has committed an offence against section 4 , the police officer may exercise either or both of the following powers:(a) arrest the person without warrant;(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.(b) by omitting paragraph (b) from subsection (1AA) and substituting the following paragraph:(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.(c) by omitting from subsection (1A) "and may take charge of any vehicle in the charge of that person and remove it to any convenient place for safe-keeping" and substituting "and may impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping";(d) by omitting subsections (1B) and (2) and substituting the following subsections:(1B) A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping.(2) Upon the hearing of any proceedings against a person who has been arrested under this section in respect of the circumstances occasioning the arrest, a court may order the person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping.
4. Section 6 is amended as follows:(a) by omitting paragraph (a) from subsection (3) and substituting the following paragraphs:(a) who does not hold an Australian driver licence, foreign driver licence or international driving permit; or(ab) who holds a learner licence, a provisional licence or an equivalent licence issued under the law of another Australian jurisdiction; or(b) by omitting paragraph (d) from subsection (3) and substituting the following paragraph:(d) who is driving under the authority of a restricted driver licence issued for a period of disqualification from driving imposed for an offence against this Act.(c) by omitting subsection (3A) and substituting the following subsection:(3A) For the purposes of subsection (3) , a person who does not hold an Australian driver licence is to be taken to hold such a licence if the person satisfies the court that he or she would, but for an unintentional failure to comply with an administrative requirement, be the holder of such a licence.
5. Section 8(2) is amended by omitting "or under the Traffic Act 1925 " and substituting ", or an offence under the Traffic Act 1925 or the Vehicle and Traffic Act 1999 ,".
6. Section 17 is amended as follows:(a) by omitting paragraph (b) from subsection (3) and substituting the following paragraph:(b) must, in addition, disqualify the person from driving for a period not less than the minimum period shown in the Table and not more than the maximum period shown in the Table.(b) by inserting the following subsection after subsection (3) :(3A) When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person against whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .
7. Section 17A(2) is amended by omitting "from holding or obtaining a driver's licence" and substituting "from driving".
8. Section 18 is amended as follows:(a) by omitting paragraph (a) from subsection (1) and substituting the following paragraph:(a) who has never held an Australian driver licence, a foreign driver licence or an international driving permit;(b) by omitting from subsection (1)(b) "learner's licence" and substituting "learner licence";(c) by omitting paragraph (c) from subsection (1) and substituting the following paragraph:(c) has held a provisional licence for a continuous period less than 12 months –(d) by omitting subsection (2) ;(e) by omitting from subsection (3) "Director" and substituting "Manager";(f) by omitting subsection (5) ;(g) by omitting paragraphs (a) and (b) from subsection (6) and substituting the following paragraphs:(a) arranged by the Manager of Road Safety; and(b) conducted at times and places determined by the Minister responsible for administering the Vehicle and Traffic Act 1999 ; and(h) by omitting from subsection (7) "Director" and substituting "Manager".
9. Section 18A is amended as follows:(a) by omitting from subsection (1)(b) "a driver's licence" and substituting "an Australian driver licence";(b) by omitting from subsection (1)(b) "learner's licence" and substituting "learner licence";(c) by omitting from subsection (2) "from holding or obtaining a driver's licence" and substituting "from driving";(d) by omitting from subsection (3)(a) "driver's licence" and substituting "Australian driver licence";(e) by omitting from subsection (3)(b) "from holding or obtaining a driver's licence" and substituting "from driving";(f) by omitting from subsection (3)(b) "this subsection." and substituting "this subsection; and";(g) by inserting the following paragraph after paragraph (b) in subsection (3) :(c) the Australian driver licence is, when it is received by the Clerk, cancelled.(h) by omitting from subsection (4) "driver's licence" and substituting "Australian driver licence".
10. Section 19 is amended as follows:(a) by omitting from subsection (1) " section 36 of the Traffic Act 1925 " and substituting "section 18 of the Vehicle and Traffic Act 1999 ";(b) by omitting from subsection (1A) " section 36 of the Traffic Act 1925 " and substituting "section 18 of the Vehicle and Traffic Act 1999 ";(c) by omitting from subsection (1A)(e) "learner's licence" and substituting "learner licence";(d) by omitting from subsection (1A)(ea) "driver's licence" and substituting "Australian driver licence";(e) by omitting from subsection (1B) " section 36 of the Traffic Act 1925 " and substituting "section 18 of the Vehicle and Traffic Act 1999 ";(f) by omitting from subsection (1B) "from holding or obtaining a driver's licence" and substituting "from driving";(g) by omitting from subsection (2) " section 36 (4) (c) of the Traffic Act 1925 " and substituting " section 18(5)(c) of the Vehicle and Traffic Act 1999 ";(h) by omitting from subsection (2) "restricted licence" and substituting "restricted driver licence";(i) by omitting from subsection (2) "from holding or obtaining a driver's licence" and substituting "from driving".
11. Section 19A is amended as follows:Roads and Jetties Act 1935(a) by omitting from subsection (1) " section 36 of the Traffic Act 1925 " and substituting "section 18 of the Vehicle and Traffic Act 1999 ";(b) by omitting from subsection (1) "under this Act from holding or obtaining a licence" and substituting "from driving under this Act";(c) by inserting the following penalty after subsection (1) :Penalty: In the case of –(a) a first offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months (or both) and a further period of disqualification (not exceeding 3 years) fixed by the court; and(b) a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months (or both) and a further period of disqualification (not exceeding 5 years) fixed by the court.(d) by omitting subsections (2) , (3) and (4) and substituting the following subsections:(2) A police officer who has reasonable grounds to suspect that a person has committed an offence against subsection (1) may exercise either or both of the following powers:(a) arrest the person without warrant;(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.(3) A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping.(4) A court may, on convicting a person of an offence against subsection (1) , order the convicted person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping.
1. Section 3(1) is amended by omitting "the Motor Vehicles Taxation Act 1981 " from the definition of motor taxes and substituting "the Vehicle and Traffic Act 1999 ".
2. Section 4 is amended as follows:(a) by omitting paragraph (a) from subsection (3) and substituting the following paragraph:(a) all money received by it in each financial year by way of revenue derived from the use and operation of any jetty, the control and management of which are vested in the Minister under Part V ;(b) by omitting subsection (3A) .
3. Section 48A(13) is amended as follows:Second-hand Dealers and Pawnbrokers Act 1994(a) by omitting "the Traffic Act 1925 " and substituting "the Vehicle and Traffic Act 1999 ";(b) by omitting "the person who, within the meaning of that Act, was the owner" and substituting "the person who, within the meaning of that Act, was the registered operator";(c) by omitting "would then have been the owner thereof" and substituting "would then have been its registered operator".
1. Section 3(1) is amended by omitting the definition of vehicle and substituting the following definition:Sentencing Act 1997vehicle means a motor vehicle as defined in the Vehicle and Traffic Act 1999 or a trailer as defined in that Act;
1. Section 4 is amended as follows:(a) by inserting the following definition after the definition of area restriction order :Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;(b) by omitting the definition of driver's licence and substituting the following definition:driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;(c) by omitting the definition of motor vehicle and substituting the following definition:motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
2. Section 55 is amended as follows:(a) by omitting the definition of motor vehicle from subsection (1) ;(b) by omitting from subsection (2)(a) "from obtaining or holding a driver's licence" and substituting "from driving";(c) by omitting from subsection (2)(b) "to be granted a driver's licence" and substituting "to be granted a driver licence";(d) by omitting from subsection (3) "from obtaining or holding a driver's licence" and substituting "from driving";(e) by omitting from subsection (3) "that offender's disqualification continues" and substituting "then the offender may not obtain a driver licence";(f) by inserting the following subsections after subsection (3) :(4) Subject to subsection (5) , if a court imposes a disqualification from driving under this section against the holder of an Australian driver licence, the court must either suspend or cancel the licence as follows:(a) if the disqualification is for less than 3 months – the licence is to be suspended;(b) if the disqualification is for 3 months or more – the licence is to be cancelled.(5) The court may, instead of cancelling a licence that is liable to cancellation under subsection (4) , suspend the licence if the court thinks there is good reason to do so.
3. Section 57 is amended by omitting " section 36(1) of the Traffic Act 1925 " and substituting "section 18 of the Vehicle and Traffic Act 1999 ".Stamp Duties Act 1931
1. Section 69H is amended by omitting the definition of motor vehicle and substituting the following definition:motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
2. Section 74 is amended as follows:(a) by omitting subsection (4A) and substituting the following subsection:(4A) The Registrar of Motor Vehicles must pay amounts received under subsection (3)(b) to the Treasurer at intervals, and in a manner, directed by the Treasurer.(b) by omitting paragraph (a) from subsection (6A) and substituting the following paragraph:(a) lodges with the Registrar of Motor Vehicles a disposal notice in respect of each used motor vehicle or trailer sold or disposed of; and(c) by omitting from subsection (6D) "notice" and substituting "disposal notice";(d) by omitting from subsection (6E) "notice" first occurring and substituting "disposal notice";(e) by omitting the definitions of applicant , application to which this section applies and motor vehicle from subsection (10) and substituting the following definitions:applicant means –(a) a person by whom an application to which this section applies is made; or(b) if the application consists of a change of beneficial ownership of a motor vehicle or a trailer – the person acquiring beneficial ownership;application to which this section applies means –(a) an application under the Vehicle and Traffic Act 1999 for –(i) the registration of a new motor vehicle or a new trailer; or(ii) the registration of a used motor vehicle or a used trailer; or(iii) the transfer of registration of a motor vehicle or trailer; and(b) a notice of a change of beneficial ownership of a motor vehicle or a trailer given under the Vehicle and Traffic Act 1999 ;disposal notice means a notice of the sale or disposal of a used motor vehicle or a used trailer in a form approved by the Registrar of Motor Vehicles;motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;(f) by omitting the definitions of notice , owner , registering authority and trailer from subsection (10) and substituting the following definition:trailer has the same meaning as in the Vehicle and Traffic Act 1999 ;
3. Section 79(3)(a)(i) is amended by omitting " Traffic Act 1925 " and substituting " Vehicle and Traffic Act 1999 ".
4. Schedule 3 is amended by omitting " Motor Vehicles Taxation Act 1981 " from item 39 in Part I and substituting "Vehicle and Traffic Act 1999".Traffic Act 1925
1. Section 3 is amended as follows:(a) by omitting the definitions of beach , bus , certificate of registration , combination and commercial goods vehicle from subsection (1) ;(b) by omitting the definitions of disqualification notice , driver's licence , goods , gross combination mass , gross trailer mass and gross vehicle mass from subsection (1) ;(c) by omitting the definitions of learner's licence , licensed , motor cycle , motor driver , motor registry and motor vehicle from subsection (1) ;(d) by omitting the definition of owner from subsection (1) ;(e) by omitting the definitions of prime mover and provisional licence from subsection (1) ;(f) by omitting the definitions of registered and registering authority from subsection (1) and substituting the following definition:registered operator of a motor vehicle or a trailer means the registered operator for the purposes of the Vehicle and Traffic Act 1999 or a corresponding law and includes –(a) in the case of a vehicle to which a trade plate under the Vehicle and Traffic Act 1999 or a similar device under a corresponding law is affixed – the person to whom the trade plate or similar device was issued; or(b) in the case of a vehicle for which a short term unregistered vehicle permit under the Vehicle and Traffic Act 1999 or a similar authorisation under a corresponding law has been issued – the person to whom the permit or authorisation was issued;(g) by omitting the definitions of semi-trailer , special purpose vehicle and standard vehicle registration period from subsection (1) ;(h) by omitting the definition of trailer from subsection (1) ;(i) by omitting the definition of truck from subsection (1) ;(j) by omitting the definition of work vehicle from subsection (1) ;(k) by omitting subsection (2) and substituting the following subsection:(2) This Act is to be read together with the Vehicle and Traffic Act 1999 as a single Act and accordingly –(a) words and expressions used in this Act that are defined under the Vehicle and Traffic Act 1999 (and not in this Act) have, unless the contrary intention appears, the same respective meanings; and(b) a reference to "this Act" extends, unless the contrary intention appears, to both Acts.
2. Section 8 is repealed.
3. Section 9(2) is amended by inserting "or the Vehicle and Traffic Act 1999 " after "Act".
4. Section 10 is amended as follows:(a) by omitting subsection (1AA) ;(b) by omitting paragraphs (a) , (b) , (ba) , (bb) , (bc) , (bd) , (be) , (c) , (d) , (daa) , (da) , (db) , (e) , (f) , (g) , (h) , (i) , (j) and (ja) from subsection (1) ;(c) by omitting from subsection (1)(jb) "an owner or operator" and substituting "a registered operator";(d) by omitting paragraph (k) from subsection (1) ;(e) by omitting paragraphs (oa) and (p) from subsection (1) and substituting the following paragraph:(oa) providing for –(i) the inspection of motor vehicles and trailers (other than motor vehicles and trailers liable to inspection under the Vehicle and Traffic Act 1999 ); and(ii) the granting of certificates as to the result of those inspections; and(iii) the recovery of the cost of any such inspection or the granting of any such certificate from the registered operator of, or any other person having a right to the possession of, or the right to use, the vehicle in respect of which the inspection is made or the certificate granted;(f) by omitting paragraph (sa) from subsection (1) ;(g) by omitting from subsection (1)(t) "fuel; and" and substituting "fuel.";(h) by omitting paragraph (u) from subsection (1) ;(i) by omitting subsections (1A) , (1B) , (2) , (3) , (3A) , (4) , (4A) , (4AB) , (4B) , (5) and (6) ;(j) by omitting subsection (8) .
5. Sections 10AA , 10A , 11 , 11A , 11B and 11C are repealed.
6. Section 12 is amended by omitting subsection (3) .
7. Sections 13 , 13A , 14 , 14AA and 14A are repealed.
8. Section 31(1) is amended as follows:(a) by omitting paragraph (a) ;(b) by omitting paragraph (zg) and substituting the following paragraph:(zg) requiring the keeping of records in a vehicle about loads carried on the vehicle and providing for the inspection of such records; and
9. Section 32 is amended as follows:(a) by omitting from subsection (6) ", or if the motor vehicle does not bear a distinguishing number or mark of identification, or its proper distinguishing number or mark of identification";(b) by inserting in subsection (7) "or the registered operator" after "of the owner";(c) by inserting in subsection (7) "or the registered operator" after "if the owner".
10. Sections 34 , 35 , 36 , 36A , 37 , 38 and 39 are repealed.
11. Section 41 is amended as follows:(a) by inserting in subsection (1) "or the Vehicle and Traffic Act 1999 " after "under this Act";(b) by inserting in subsection (1)(ab) "or registered operator" after "owner";(c) by omitting subparagraph (ii) from subsection (1)(ab) and substituting the following subparagraph:(ii) if that person held an Australian driver licence, the number of the licence and the State or Territory in which it was issued; or(d) by inserting in subsection (1)(b) "or registered operator" after "not the owner";(e) by inserting in subsection (1)(b) "or registered operator" after "of the owner";(f) by inserting in subsection (2) "or registered operator" after "owner";(g) by inserting in subsection (4) "or the Vehicle and Traffic Act 1999 " after "under this Act".
12. Section 41B is repealed.
13. Sections 43AA , 43B , 43C , 43D , 43DA , 43DB , 43E , 43EA , 43EB and 43F are repealed.
14. Section 43H is amended as follows:(a) by omitting subsection (1A) ;(b) by omitting subsection (6A) and substituting the following subsection:(6A) A traffic infringement notice served on a person who holds a learner licence (and no other Australian driver licence of a different type) is of no effect (and accordingly any sum paid under a traffic infringement notice by a person who held such a licence when the notice was served must be refunded), unless the offence to which the notice relates is –(a) a parking offence; or(b) a speeding offence.
15. Section 43HB is amended as follows:(a) by omitting from subsection (1) "joint owner or part owner of a motor vehicle" and substituting "joint registered operator of a motor vehicle or trailer";(b) by omitting from subsection (2) "joint owner or a part owner of a motor vehicle, all such joint owners or part owners" and substituting "joint registered operator of a motor vehicle or trailer, all such joint registered operators".
16. Section 43L(1AB) is amended by omitting "on the owner" and substituting "on the registered operator".
17. Section 43N(1) is amended by omitting "and the demerit points".
18. Section 43P is amended as follows:(a) by inserting in paragraph (a) "or the Vehicle and Traffic Act 1999 " after "Act";(b) by omitting from paragraph (b) "registered owner" and substituting "registered operator".
19. After section 43P , the following section is inserted in Part V:A statutory declaration under this Act is to be made as provided by the Evidence Act 1910 .
20. Section 44 is amended as follows:(a) by inserting in subsection (1)(a) "or the Vehicle and Traffic Act 1999 " after "Act";(b) by omitting subsection (2) .
21. Section 45(d) is amended by inserting "registered as the operators of," after "owning,".
22. Section 46 is repealed.
23. Section 49B is repealed.
24. Section 51 is amended as follows:(a) by omitting paragraphs (a) , (b) , (c) , (d) and (da) from subsection (1) ;(b) by omitting paragraphs (ea) , (eb) , (f) and (g) from subsection (1) ;(c) by inserting in subsection (3) "or the Vehicle and Traffic Act 1999 " after "Act";(d) by inserting in subsection (3)(a) "or registered operator" after "owner";(e) by omitting from subsection (3)(b) "such owner as aforesaid" and substituting "the owner or registered operator".
25. Section 53 is amended as follows:(a) by inserting in subsection (1)(a) "or trailer" after "vehicle";(b) by inserting in subsection (1)(b) "or registered operator" after "owner";(c) by inserting in subsection (1) "or registered operator" after "such owner";(d) by inserting in subsection (2) "or registered operator" after "against such owner";(e) by inserting in subsection (2) "or registered operator" after "unless such owner";(f) by inserting in subsection (3) "or registered operator" after "owner".
26. Section 54 is amended as follows:(a) by inserting in subsection (1AA) "under this Act or the Vehicle and Traffic Act 1999 " after "offences";(b) by omitting from subsection (1) "owner" and substituting "registered operator";(c) by omitting from subsection (1) "an offence under the regulations made under this Act" and substituting "the offence";(d) by omitting paragraph (c) from subsection (3) and substituting the following paragraph:(c) the person had completed as transferor an application for the transfer of the registration and stating the name of the transferee.(e) by omitting subsection (5A) and substituting the following subsection:(5A) Where there are 2 registered operators of a motor vehicle or trailer –(a) a prosecution for an offence to which this section applies may be brought against one or both of them; and(b) if the court is satisfied that such an offence has been committed and a defence is not established under subsection (3) , the defendants, or any one of them who does not establish such a defence, may be found guilty of the offence.(f) by omitting from subsection (5B) "or more registered owners" and substituting "registered operators";(g) by omitting subsection (8) .
27. Section 56 is amended as follows:(a) by inserting "or the Vehicle and Traffic Act 1999 " after "in this Act";(b) by inserting "or the Vehicle and Traffic Act 1999 " after "of this Act".
28. Schedule 2 is repealed.Transport Act 1981
1. Section 3(1) is amended by omitting the definition of motor vehicle and substituting the following definition:motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
2. Section 7 is amended by omitting subsection (6) and substituting the following subsection:Victims of Crime Compensation Act 1994(6) Subsection (2) does not authorise the Minister to give a direction with respect to the issue of a licence, ancillary certificate or other authorisation under the Vehicle and Traffic Act 1999 .
1. Section 3 is amended by omitting paragraph (f) from the definition of serious offence and substituting:Youth Justice Act 1997(f) an offence under –(i) section 32(1) or (2) of the Traffic Act 1925 ; or(ii) section 13(1) of the Vehicle and Traffic Act 1999 ;
1. Section 3 is amended by omitting subparagraph (ii) from paragraph (c) of the definition of prescribed offence and substituting:(ii) an offence under the Road Safety (Alcohol and Drugs) Act 1970 , the Traffic Act 1925 or the Vehicle and Traffic Act 1999 except where proceedings for that offence are, or are to be, determined in conjunction with proceedings for an offence that is not a prescribed offence; and
[Second reading presentation speech made in:
House of Assembly on 24 NOVEMBER 1999
Legislative Council on 30 NOVEMBER 1999]