Vehicle and Traffic Amendment Act 2000

Vehicle and Traffic Amendment Act 2000

An Act to amend the Vehicle and Traffic Act 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:

1.   Short title

This Act may be cited as the Vehicle and Traffic Amendment Act 2000 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Vehicle and Traffic Act 1999 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by omitting "or GCM" from paragraph (c) of the definition of class A light vehicle .

5.    Section 20 amended (Offences attracting demerit points)

Section 20 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  A person is incapable of being awarded demerit points under this Division unless that person is a natural person.

6.    Section 24 amended (Licence to be suspended when demerit points reach prescribed limit)

Section 24(6) of the Principal Act is amended by inserting ", and the person is not entitled to give a further undertaking under subsection (4) as an alternative to undergoing the licence suspension" after "served".

7.    Section 32 amended (Use of vehicle contrary to prohibition)

Section 32 of the Principal Act is amended by inserting "total" after "of a".

8.    Section 38 amended (Driver licensing scheme)

Section 38(2)(l)(i) of the Principal Act is amended by inserting "or an ancillary certificate" after "renewal of a driver licence".

9.    Section 54 substituted

Section 54 of the Principal Act is repealed and the following section is substituted:

54.   Evidence of authority

(1)  In this section –

approved means approved by the Commission for the purposes of identifying an authorised officer;

take action means make a requirement, or exercise another power, under this Part.

(2)  An authorised officer must produce the officer's warrant of authority to a person if the officer –

(a) intends to take action against the person and the officer is not wearing an approved uniform or badge; or

(b) intends or has commenced to take action against the person and the person asks to see the warrant of authority.

(3)  If it is not practicable to produce the warrant of authority immediately in a case to which subsection (2)(b) applies, it must be produced as soon as practicable afterwards.

[Second reading presentation speech made in:

House of Assembly on 20 JUNE 2000

Legislative Council on 27 JUNE 2000]