Vehicle and Traffic (Regulatory Reforms) Amendment Act 2023

Vehicle and Traffic (Regulatory Reforms) Amendment Act 2023

An Act to amend the Vehicle and Traffic Act 1999 and the Road Rules 2019

Be it enacted by Her 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 Vehicle and Traffic (Regulatory Reforms) Amendment Act 2023 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

PART 2 - Road Rules 2019 Amended

3.   Principal Rules

In this Part, the Road Rules 2019 are referred to as the Principal Rules.

4.    Schedule 5 amended (Dictionary)

The definition of bicycle in clause 1 of Schedule 5 to the Principal Rules is amended as follows:

(a) by omitting "an auxiliary motor" first occurring and substituting "one or more auxiliary motors";

(b) by inserting the following paragraph after paragraph (a) :

(ab) includes a bicycle with an electrically powered auxiliary motor (or motors) with a power output (or combined power output) of not more than 200 watts; and

(c) by inserting the following paragraph after paragraph (b) :

(ba) does not include a bicycle with an internal combustion engine powered motor (or motors) of any power output; and

PART 3 - Vehicle and Traffic Act 1999 Amended

5.   Principal Act

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

6.    Section 3 amended (Interpretation)

Paragraph (c) of the definition of motor vehicle in section 3(1) of the Principal Act is amended as follows:

(a) by inserting "electrically powered" after "an";

(b) by inserting "or such other wattage as is prescribed" after "watts".

7.    Section 33 amended (Offensive advertising on vehicles)

Section 33 of the Principal Act is amended as follows:

(a) by omitting "the Advertising Standards Bureau" from the definition of advertising in subsection (1) and substituting "a decision-maker";

(b) by omitting the definitions of Advertising Standards Board and Advertising Standards Bureau from subsection (1) and substituting the following definition:

decision-maker means a body, organisation or entity that is the subject of a declaration made under subsection (6) .

(c) by omitting from subsection (2)(a) "the Advertising Standards Board" twice occurring and substituting "a decision-maker";

(d) by omitting from subsection (2)(b) "Advertising Standards Bureau" and substituting "decision-maker";

(e) by omitting from subsection (2)(c) "Advertising Standards Bureau" and substituting "decision-maker";

(f) by omitting from subsection (3)(c) "Advertising Standards Bureau" and substituting "decision-maker";

(g) by omitting from subsection (4) "Advertising Standards Bureau" and substituting "decision-maker";

(h) by inserting the following subsection after subsection (5) :

(6)  The Minister may declare, by notice published in the Gazette, a body, organisation or entity, that has the function of considering complaints about advertising, made by members of the public, to determine whether the advertising breaches the advertising code, to be a decision-maker for the purposes of this section.

PART 4 - Concluding Provision

8.   Repeal of Act

This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.

[Second reading presentation speech made in:

House of Assembly on 10 AUGUST 2023

Legislative Council on 17 AUGUST 2023]