Traffic Control (Miscellaneous Amendments) Act 2001

Traffic Control (Miscellaneous Amendments) Act 2001

An Act to amend the Police Offences Act 1935 , Road Safety (Alcohol and Drugs) Act 1970 , Roads and Jetties Act 1935 , Traffic Act 1925 and 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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Traffic Control (Miscellaneous Amendments) Act 2001 .

2.   Commencement

(1)  Sections 1 , 3 , Part 3, and sections 9 , 11 , 18 , 19 and 21 and this section commence on the day on which this Act receives the Royal Assent.

(2)  The remaining provisions of this Act commence on a day or days to be proclaimed.

PART 2 - Police Offences Act 1935 Amended

3.   Principal Act

In this Part, the Police Offences Act 1935 is referred to as the Principal Act.

4.    Part IVA: Heading amended

Part IVA of the Principal Act is amended by omitting "MOTOR VEHICLE STEALING" from the heading to that Part and substituting "OFFENCES INVOLVING VEHICLES".

5.    Section 37I inserted

After section 37H of the Principal Act , the following section is inserted in Part IVA:

37I.   Tampering with vehicles

A person must not unlawfully tamper or interfere with a motor vehicle or trailer.

Penalty:  Fine not exceeding 20 penalty units.

6.    Part VI, Division IIIAA inserted

After section 49 of the Principal Act , the following Division is inserted in Part VI:

Division IIIAA - Activities on public streets

49AA.   Interpretation of Division

In this Division –

cyclist includes a person who is participating in an athletic competition that includes a cycling stage;

demonstration means a march, rally or other kind of political demonstration;

fundraising drive means the solicitation of funds, contributions or other support for a charitable purpose within the meaning of the Collections for Charities Act 2001 ;

procession means a pageant, parade or procession of a religious, commemorative or cultural character, but does not include a march by members of the defence forces of the Commonwealth;

public street has the same meaning as in the Traffic Act 1925 ;

road cycle race means a race, rally or other competitive sporting event involving 2 or more cyclists;

senior police officer means –

(a) the Commissioner; or

(b) the Deputy Commissioner, or an Assistant Commissioner, of Police; or

(c) a police officer of or above the rank of inspector.

49AB.   Public street permits

(1)  A person must not organise or conduct any of the following activities without a permit if it is to be held, wholly or partly, on a public street:

(a) a demonstration;

(b) a fundraising drive;

(c) a procession;

(d) a road cycle race.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A permit for this section may be issued by a senior police officer and any person may apply in writing for such a permit.

(3)  In the case of fundraising –

(a) a permit may only be issued to or in respect of an organisation that is permitted under section 5 of the Collections for Charities Act 2001 to solicit funds or contributions for a charitable purpose; and

(b) the number of fundraising days authorised by permit in any one city or town in any one year is not to exceed, in aggregate, 45 or, if another number of days is prescribed, the prescribed number.

(4)  In determining whether or not to grant an application for a permit, a senior police officer may consider –

(a) the safety and convenience of the public; and

(b) the arrangements made for the safety and convenience of participants in the proposed activity; and

(c) such other considerations as appear relevant having regard to the time and nature of the proposed activity and its location or, if applicable, its route.

(5)  A permit –

(a) is to be in such form as the senior police officer issuing it determines; and

(b) may be made subject to such conditions as that officer considers necessary or expedient for the safety and convenience of participants and the public, including, if applicable, conditions about public notification, compliance with police directions, marshals and escort vehicles; and

(c) may be made subject to a condition that the organisers of the activity enter into a policy of insurance regarding any deaths, personal injuries or property damage that may arise from the activity; and

(d) must specify the name of the permit holder and the name, or a description, of the activity for which it is issued; and

(e) must specify the location or, if applicable, route of the activity for which it is issued and the date, dates or period when that activity will be held.

(6)  A permit for a road cycle race may, if the issuing senior police officer considers it necessary or expedient to do so, provide that any escort vehicle preceding, accompanying or following the race may, or must, display a flashing yellow light.

(7)  A permit may be surrendered but is not capable of being amended, renewed or transferred.

(8)  The holder of a permit must –

(a) comply with its conditions; and

(b) immediately produce it to any police officer who demands to see it.

Penalty:  Fine not exceeding 10 penalty units.

PART 3 - Road Safety (Alcohol and Drugs) Act 1970 Amended

7.   Principal Act

In this Part, the Road Safety (Alcohol and Drugs) Act 1970 is referred to as the Principal Act.

8.    Section 22 amended (Application of Division 1)

Section 22(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

(ba) an offence under section 12 of the Vehicle and Traffic Act 1999 ;

PART 4 - Roads and Jetties Act 1935 Amended

9.   Principal Act

In this Part, the Roads and Jetties Act 1935 is referred to as the Principal Act.

10.    Section 50 substituted

Section 50 of the Principal Act is repealed and the following section is substituted:

50.   Damage to roads, &c.

(1)  A person must not do, or cause to be done, either of the following things in respect of a road:

(a) draw or haul anything other than a vehicle along the surface of the road;

(b) allow anything being carried on a vehicle to drag or trail along the surface of the road, whether continuously or intermittently.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not, intentionally or recklessly, damage a road, bridge or jetty.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A court that convicts a person of an offence under subsection (1) or (2) may, in addition to or instead of imposing a penalty under that subsection, order the person to pay the responsible entity an amount, determined by the court, for the damage occasioned by the offence.

(4)  For subsection (3) ,

responsible entity means the Crown or other person that the court considers to be primarily responsible for the maintenance of the damaged road, bridge or jetty.

PART 5 - Traffic Act 1925 Amended

11.   Principal Act

In this Part, the Traffic Act 1925 is referred to as the Principal Act.

12.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by omitting the definition of speeding offence and substituting the following definition:

speeding offence means an offence under this Act of a driver exceeding –

(a) the prescribed speed-limit applying to the driver for the length of road where the driver is driving; or

(b) the prescribed speed-limit applying to the driver in particular circumstances;

13.    Section 31 amended (Regulations on recommendation of committee or council)

Section 31(1) of the Principal Act is amended as follows:

(a) by omitting paragraphs (c) and (d) ;

(b) by omitting paragraph (g) ;

(c) by omitting paragraphs (j) , (k) , (l) , (m) , (n) , (o) and (p) ;

(d) by omitting paragraphs (r) , (s) , (t) , (u) and (v) ;

(e) by omitting paragraphs (x) and (y) .

14.    Sections 33A and 40 repealed

Sections 33A and 40 of the Principal Act are repealed.

15.    Section 42 repealed

Section 42 of the Principal Act is repealed.

16.    Section 43 substituted

Section 43 of the Principal Act is repealed and the following section is substituted:

43.   Removal of things obstructing public streets

(1)  In this section –

article includes rubbish and goods, but does not include a vehicle;

authorised person means – 

(a) in the case of a public street anywhere in the State, a police officer; or

(b) in the case of a public street in a municipal area, a person who is an employee or agent of the responsible council and has the approval of that council to exercise power under this section within that area;

relevant authority means –

(a) in relation to an authorised person who is a police officer, the Commissioner of Police; or

(b) in relation to an authorised person who is an employee or agent of a council, that council.

(2)  If an article is placed or left in a public street to the obstruction, annoyance or danger of road users, nearby residents or other persons, an authorised person may –

(a) remove the article or cause it to be removed; and

(b) take the article, or cause it to be taken, to a place of safety; and

(c) detain the article, or cause it to be detained, until the expenses of removing, taking and detaining it are paid to the relevant authority.

(3)  The relevant authority must, as soon as practicable after the removal, take reasonable steps to inform the article's owner of the action taken and the terms of this section.

(4)  If –

(a) reasonable steps to inform the owner within 30 days after the date of removal prove unsuccessful; or

(b) the owner is informed of the removal within those 30 days but does not pay the required expenses within 14 days after the date of being so informed –

the relevant authority may cause the article to be disposed of in such manner as the authority sees fit and use the proceeds, if any, to defray those expenses.

(5)  If the proceeds of disposal exceed the amount of the expenses, the relevant authority must hold those balance proceeds for a period of 3 months from the date of disposal and, if not claimed by the owner during that period –

(a) pay the balance into the Consolidated Fund if the relevant authority is the Commissioner of Police; or

(b) dispose of the balance as the relevant authority sees fit if it is a council.

17.    Section 43L amended (Service of notices)

Section 43L of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  A traffic infringement notice may be served –

(a) by fixing it to the vehicle or other thing in respect of which the offence occurred; or

(b) by personal delivery; or

(c) by post.

(b) by inserting the following subsection after subsection (1AA) :

(1AAB)  A traffic infringement notice to which subsection (1AA) applies is taken to have been effectively served on a person by post within a 21 day period if the notice is actually posted to the person before the period expires.

18.    Section 43N amended (Prescribed offences for Part IVB)

Section 43N of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  Regulations under subsection (1) may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

PART 6 - Vehicle and Traffic Act 1999 Amended

19.   Principal Act

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

20.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended as follows:

(a) by omitting "the vehicle onto another vehicle or repositioning the vehicle at a worksite; or" from paragraph (f)(iii) of the definition of motor vehicle and substituting "another vehicle, loading or unloading the vehicle onto another vehicle or manoeuvring at a work site; or";

(b) by inserting the following definition after the definition of passenger vehicle :

police officer has the same meaning as in the Police Regulation Act 1898 ;

(c) by inserting the following definition after the definition of semi-trailer :

senior police officer means –

(a) the Commissioner of Police; or

(b) the Deputy Commissioner, or an Assistant Commissioner, of Police; or

(c) a police officer of or above the rank of inspector;

(d) by omitting the definition of speeding offence and substituting the following definition:

speeding offence means an offence under the Traffic Act 1925 of a driver exceeding –

(a) the prescribed speed-limit applying to the driver for the length of road where the driver is driving; or

(b) the prescribed speed-limit applying to the driver in particular circumstances;

21.    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 omitting from subsection (1)(b) "more." and substituting "more;";

(b) by inserting the following paragraph after paragraph (b) in subsection (1) :

(c) a full licence is liable to suspension if the demerit points recorded against the holder for traffic offences committed during a period of 12 months or less as the holder of a previous provisional licence amount, in aggregate, to 4 or more.

(c) by inserting in subsection (3)(a) "or the holder of a full licence whose liability to suspension arises under subsection (1)(c) " after "provisional licence".

22.    Part 7A inserted

After section 56 of the Principal Act , the following Part is inserted:

PART 7A - Management of public streets

56A.   Temporary closure of public streets for public events

(1)  In this section  –

public event means an event that members of the public are expected or invited to watch or participate in, whether on payment of a fee or otherwise, and, without limiting the generality of this, includes –

(a) a religious pageant; and

(b) a commemorative parade; and

(c) a race for athletes or a race, rally or reliability trial for vehicles; and

(d) a cultural festival; and

(e) a political demonstration;

public street includes any part of a public street.

(2)  The Commissioner of Police may, if satisfied that it is necessary or expedient to do so to facilitate the organisation or holding of a public event, authorise –

(a) the temporary closure of a public street to all traffic; or

(b) the temporary closure of a public street to traffic of a particular kind; or

(c) the temporary closure of a public street to traffic other than traffic of a particular kind.

(3)  The authorisation is effectively given if published, in the form of a notice, in a newspaper that is published daily in Tasmania and circulated generally in that part of the State where the public event is to be held.

(4)  The notice must clearly identify the public street, specify the period of temporary closure and, if applicable, the kind of traffic affected by or excluded from the closure.

(5)  The authorisation may be made subject to such exemptions and conditions, including a requirement that the organisers of the event enter into a policy of insurance regarding any deaths, personal injuries or property damage that may arise from the public event, as the Commissioner reasonably determines and specifies in the notice.

(6)  In order to give effect to an authorisation under this section, a police officer or, with the approval of a senior police officer, any other person may –

(a) place or erect barriers, signs and other traffic control devices on or in respect of the public street to which the authorisation relates; and

(b) give directions to any person in relation to the use of that public street.

(7)  A person must comply with a direction under subsection (6)(b) .

Penalty:  Fine not exceeding 15 penalty units.

56B.   Temporary closure of public streets in case of danger

(1)  A police officer who is satisfied that there is an obstruction or danger to traffic on a public street, or that such an obstruction or danger may arise, may take such action and give such directions to such persons as he or she reasonably considers necessary or expedient in the circumstances to close that street or restrict its use.

(2)  A person must comply with a direction under subsection (1) .

Penalty:  Fine not exceeding 15 penalty units.

56C.   Certain activities prohibited on public streets

(1)  A person who does not have a permit to do so must not set up or use a stall, stand or vehicle on a public street for the purposes of –

(a) selling any goods; or

(b) a business, calling or employment.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; or

(b) a second or subsequent offence – a fine not exceeding 40 penalty units.

(2)  Permits for this section may be issued by the general manager of the council in which the public street is located (the "relevant council") and any person may apply in writing for such a permit.

(3)  In determining whether or not to grant an application for a permit, the general manager of the relevant council –

(a) must consult the police officer in charge of the police district in which the public street is located; and

(b) must have regard to relevant traffic conditions and the safety and convenience of the public; and

(c) may have regard to such other considerations as appear relevant in the circumstances.

(4)  A permit –

(a) is to be in such form as the general manager issuing it determines; and

(b) must be issued only for a specific date or dates, or for a specific period not exceeding 12 months; and

(c) may be made subject to such conditions as the general manager issuing it considers necessary or expedient in the interests of public safety and convenience; and

(d) must specify the name of the permit holder and the date or period, and the public street, for which it is issued.

(5)  A permit –

(a) may be surrendered but is not capable of being amended, renewed or transferred; and

(b) may, by written notice to the permit holder, be cancelled by the general manager of the relevant council if he or she is satisfied on reasonable grounds that the permit holder has committed serious or repeated breaches of the permit conditions; and

(c) is not a defence to an action or indictment for nuisance.

(6)  The holder of a permit must –

(a) comply with its conditions; and

(b) immediately produce it to any police officer who demands to see it.

Penalty:  Fine not exceeding 10 penalty units.

[Second reading presentation speech made in:

House of Assembly on 21 NOVEMBER 2001

Legislative Council on 22 NOVEMBER 2001]