Vehicle and Traffic Amendment (Excessive Speeding and Disqualified Drivers) Act 2001
An Act to amend the Vehicle and Traffic Act 1999
[Royal Assent 30 October 2001]
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 Vehicle and Traffic Amendment (Excessive Speeding and Disqualified Drivers) Act 2001 .
This Act commences on a day to be proclaimed.
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 as follows:(a) by inserting the following definition after the definition of authorised officer :automatic statutory penalty means a penalty that, under an Act of this or any other State or a Territory, is imposed on an offender automatically if certain circumstances apply and not by order of a court;(b) by inserting the following definition after the definition of driver licence receipt :excessive speeding offence means a speeding offence where the prescribed speed limit is exceeded by 38km/h or more;
5. Section 9 amended (Driving while subject to licence suspension)
Section 9(4) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:(b) the driver is disqualified from driving by –(i) an Australian court under an Act of this or any other State or a Territory; or(ii) an automatic statutory penalty.
6. Section 13 amended (Driving while disqualified)
Section 13 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:(1) A person must not drive a motor vehicle on a public street in Tasmania if the person is disqualified from driving by –(a) an Australian court under an Act of this or any other State or a Territory; or(b) an automatic statutory penalty.
Penalty: In the case of –
(a) a first offence –
(i) a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and
(ii) a further period of disqualification, not exceeding 3 years, fixed by the court; and
(b) a second or subsequent offence –
(i) a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; and
(ii) a further period of disqualification, not exceeding 5 years, fixed by the court.
7. Section 17 amended (Power of court to order disqualification)
Section 17 of the Principal Act is amended as follows:(a) by omitting subsection (1) and substituting the following subsection:(1) Subject to section 19B , a court that convicts a person of a traffic offence may disqualify the person from driving for a period specified by the court.(b) by omitting from subsection (2)(a) "less than 3 months" and substituting "4 months or less";(c) by omitting from subsection (2)(b) "3 months or more" and substituting "more than 4 months";(d) by omitting from subsection (5)(b) "earlier by returning the licence to the Registrar –at the earlier date." and substituting "on an earlier day by returning the licence to the Registrar, on that earlier day.".
8. Section 18 amended (Restricted driver licences)
Section 18 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(b) "court –" and substituting "court; or";(b) by inserting the following paragraph after paragraph (b) in subsection (1) :(c) an automatic statutory penalty –(c) by inserting the following subsection after subsection (2) :(2A) If a person referred to in subsection (2)(a) is liable to be, or is, disqualified from driving pursuant to section 19A(1)(a) or section 19B(1)(a) , the bar contained in that subsection does not apply to the person before, or during, the period of disqualification.(d) by inserting the following subsection after subsection (5) :(5A) If the applicant is a person who, but for subsection (2A) , would have been barred by subsection (2)(a) from making the application, the court must, by the order, provide that the restricted driver licence issued to the person will expire when the person's period of disqualification expires.
9. Section 19 amended (Effect of disqualification)
Section 19 of the Principal Act is amended as follows:(a) by omitting subsections (1) and (2) and substituting the following subsection:(1) If a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty, the disqualification, cancellation or suspension is effective in Tasmania.(b) by omitting from subsection (3) "in another Australian jurisdiction";(c) by omitting from subsection (3)(a) "less than 3 months" and substituting "4 months or less";(d) by omitting from subsection (3)(b) "3 months or more" and substituting "more than 4 months";(e) by omitting paragraph (a) from subsection (4) and substituting the following paragraph:(a) a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty; and(f) by omitting from subsection (4)(b) "takes" and substituting "or automatic statutory penalty takes or, if applicable, took";(g) by inserting in subsection (4)(b)(i) "or, if applicable, held" after "holds";(h) by omitting from subsection (4)(b)(ii) "is a resident of Tasmania who does not hold" and substituting "is or, if applicable, was a resident of Tasmania not holding";(i) by omitting from subsection (6) "in Tasmania" and substituting "or automatic statutory penalty of this State";(j) by omitting from subsection (6)(b) "court's order is made against a person who, immediately before the order takes" and substituting "disqualification, suspension or cancellation applies to a person who, immediately before the disqualification, suspension or cancellation takes or, if applicable, took";(k) by inserting in subsection (6)(b)(i) "or, if applicable, held" after "holds";(l) by omitting from subsection (6)(b)(ii) "is a resident of another State or a Territory who does not hold" and substituting "is or, if applicable, was a resident of another State or a Territory not holding";(m) by omitting paragraph (a) from subsection (7) and substituting the following paragraphs:(a) the court that ordered the disqualification, suspension or cancellation or the nature of the automatic statutory penalty; and(ab) the date of the court's order or the date on which the automatic statutory penalty takes or, if applicable, took effect; and(n) by omitting from subsection (7)(b) "order" and substituting "court's order or of the automatic statutory penalty";(o) by omitting from subsection (7)(b)(i) "when the period commences" and substituting "its date of commencement";(p) by omitting from subsection (7)(b)(ii) "when the period commences" and substituting "its date of commencement";(q) by omitting from subsection (7)(b)(iii) "when the cancellation takes effect." and substituting "the date of cancellation.".
10. Part 3, Division 3A inserted
After section 19 of the Principal Act , the following Division is inserted in Part 3:Division 3A - Excessive speeding offences19A. Automatic disqualification for excessive speeding
(1) If a person who commits an excessive speeding offence accepts a traffic infringement notice for that offence –(a) the person is, by that acceptance, disqualified from driving; and(b) if the person holds an Australian driver licence, the licence is suspended for the period of the disqualification.(2) The penalty imposed by subsection (1) is in addition to any other penalty that the person may be liable to in respect of the excessive speeding offence.(3) For subsection (1) , the period of disqualification is as follows:(a) 3 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h;(b) 4 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 45km/h or more.(4) A period of disqualification under this section takes effect –(a) if the person is not subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, as soon as the person accepts the traffic infringement notice; or(b) if at the time of that acceptance the person is subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, on the expiration of that period of disqualification, suspension or ineligibility.19B. Court-imposed penalties for excessive speeding
(1) A court that convicts a person of an excessive speeding offence must –(a) disqualify the convicted person from driving for a period of not less than –(i) 3 months if the court finds that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h; or(ii) 4 months if the court finds that the person exceeded the prescribed speed limit by 45km/h or more; and(b) exercise the court's power under section 17(2) or (3) consequent on the disqualification; and(c) impose on the convicted person a fine of –(i) not less than –(A) $250 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 38km/h or more, but by less than 45km/h; or(B) $400 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 45km/h or more; but(ii) not more than the maximum fine prescribed under the Traffic Act 1925 .(2) Notwithstanding subsection (1) , the court may impose a lesser period of disqualification or a lesser fine than the minimum period of disqualification or fine required under that subsection if it is satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.
11. Section 21 amended (Award of demerit points on conviction)
Section 21 of the Principal Act is amended by omitting subsection (3) .
12. Section 24 amended (Licence to be suspended when demerit points reach prescribed limit)
Section 24 of the Principal Act is amended as follows:(a) by inserting in subsection (4) "under this section" after "undergoing the licence suspension";(b) by omitting paragraphs (a) and (b) from subsection (7) and substituting the following paragraphs:(a) on such day following the 21 day period after the relevant notice of licence suspension is served as the Registrar determines and specifies in that notice; or(b) if the holder of the licence is not subject to a current period of licence suspension, disqualification from driving or ineligibility to hold a driver licence and submits to the licence suspension on an earlier day by returning the licence to the Registrar, on that earlier day.(c) by inserting the following subsection after subsection (10) :(11) If a driver licence that is liable to suspension under this section is due to expire during a period of disqualification from driving imposed for an excessive speeding offence –(a) the holder of the licence may, notwithstanding the disqualification, apply for the renewal of the licence; and(b) the renewal, if granted, is not capable of taking effect before the expiration of the period of disqualification.
13. Section 25 amended (Period of ineligibility for unlicensed drivers)
Section 25 of the Principal Act is amended as follows:(a) by omitting from subsection (4) "the expiration of 21 days from when the notice of ineligibility is served or an earlier date approved by the Registrar" and substituting "such day as the Registrar determines and specifies in the relevant notice of ineligibility";(b) by omitting from subsection (5) "under subsection (4) ";(c) by inserting the following subsections after subsection (10) :(11) For subsection (5)(a) and subsection (7) , a disqualification from driving for an excessive speeding offence is taken not to be a condition that would disentitle a person so disqualified to the renewal of the person's last driver licence.(12) If a person who is disqualified from driving for an excessive speeding offence makes an application under subsection (5) which is granted, the renewal of the person's last driver licence is not capable of taking effect before the expiration of the period of disqualification.
14. Section 26 amended (Interrelationship with penalties imposed by court)
Section 26(2) of the Principal Act is amended by omitting "by an Australian court, the Registrar or another authority".
15. Sentencing Act 1997 amended
Section 55(4) of the Sentencing Act 1997 is amended as follows:(a) by omitting from paragraph (a) "less than 3 months" and substituting "4 months or less";(b) by omitting from paragraph (b) "3 months or more" and substituting "more than 4 months".
[Second reading presentation speech made in:
House of Assembly on 2 OCTOBER 2001
Legislative Council on 10 OCTOBER 2001]