Road Safety Amendment (Hoon Driving and Other Matters) Act ...FILE/11-032a.docx · Web...

Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

No. 32 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENT OF THE ROAD SAFETY AMENDMENT (HOON DRIVING) ACT 2010 3

3 Definitions 34 Repeal of sections 18 and 20 35 Amendment of section 29 36 Application of proceeds of sale 47 Repeal of sections 35 and 37 4

PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986 5

8 Breath analysing instruments 59 Improper use of motor vehicle 510 Speed trials 711 Insertion of definitions 712 Period in which relevant offences can be taken into account 813 New section 84TA inserted 8

84TA Application to register financing statement after impoundment or immobilisation order or forfeiture order 8

14 New section 84WA inserted 984WA Application to register financing statement after

serving notice of application 915 New sections 84ZQB and 84ZQC inserted 9

84ZQB Application to register financing statement after giving notice of intention to sell etc. 9

84ZQC Application to register financing statement if motor vehicle vests in Crown 10

16 New section 84ZUA inserted 1117 New section 84ZWA inserted 11

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18 New Division 6 inserted in Part 6A 12

Division 6—Inspection of impounded, immobilised or forfeited motor vehicles 12

84ZY Power to inspect motor vehicles 1219 Disqualification for drug-driving infringement 1320 New section 103ZD inserted 13

103ZD Transitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 13

21 Statute law revision 16

PART 4—AMENDMENT OF THE POLICE REGULATION ACT 1958 17

22 Disclosure of information 1723 Statute law revision 17

PART 5—REPEAL 18

24 Repeal of amending Act 18═══════════════

ENDNOTES 19

Road Safety Amendment (Hoon Driving and Other Matters) Act 2011†

No. 32 of 2011

[Assented to 29 June 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to amend the Road Safety Act 1986 and the Road Safety Amendment (Hoon Driving) Act 2010 in relation to impoundment, immobilisation and forfeiture of motor vehicles, loss of traction offences, speed trial offences, breath analysing instruments and drug-driving infringements; and

Victoria

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(b) to amend the Police Regulation Act 1958 to facilitate the disclosure of information required for financing statements and financing change statements under Part 6A of the Road Safety Act 1986; and

(c) to make minor amendments of a statute law revision nature.

2 Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Section 23 is taken to have come into operation on 30 June 2010.

(3) Section 8 comes into operation on 1 July 2011.

(4) Subject to subsection (5), sections 11, 13, 14, 15, 16, 17 and 22 come into operation on a day to be proclaimed.

(5) If a provision referred to in subsection (4) does not come into operation before 1 February 2012, it comes into operation on that day.

(6) Subject to subsection (7), section 12 comes into operation on a day to be proclaimed.

(7) If section 12 does not come in operation before 1 July 2012, it comes into operation on that day.

(8) The remaining provisions of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

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s. 2s. 2 Section Page

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PART 2—AMENDMENT OF THE ROAD SAFETY AMENDMENT (HOON DRIVING) ACT 2010

3 Definitionss. 3

See:Act No.76/2010.Statute Book:www.legislation.vic.gov.au

(1) In section 4(1)(a) of the Road Safety Amendment (Hoon Driving) Act 2010, for "14 days" substitute "30 days".

(2) In section 4(1)(c) of the Road Safety Amendment (Hoon Driving) Act 2010, in the definition of tier 2 relevant offence, after paragraph (i) insert—

"(j) an offence against rule 265(3), 266(1), 268(4A) or 268(4B) of the Road Rules in circumstances where the number of passengers in the motor vehicle exceeds the number of seats available to them in the motor vehicle;".

4 Repeal of sections 18 and 20

Sections 18 and 20 of the Road Safety Amendment (Hoon Driving) Act 2010 are repealed.

5 Amendment of section 29

(1) For the heading to section 29 of the Road Safety Amendment (Hoon Driving) Act 2010 substitute—

"New section 84ZQA inserted".

(2) In section 29 of the Road Safety Amendment (Hoon Driving) Act 2010—

Part 5—Repeal

Road Safety Amendment (Hoon Driving and Other Matters) Act 2011No. 32 of 2011

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(a) in proposed section 84ZQA(3) of the Road Safety Act 1986, for "expired." substitute 'expired.".'; and

(b) proposed sections 84ZQB and 84ZQC of the Road Safety Act 1986 are repealed.

6 Application of proceeds of sale

In section 32 of the Road Safety Amendment (Hoon Driving) Act 2010—

(a) after "before" insert "the motor vehicle vested in the Crown or"; and

(b) after "took effect" insert "(as the case requires)".

7 Repeal of sections 35 and 37

Sections 35 and 37 of the Road Safety Amendment (Hoon Driving) Act 2010 are repealed.

__________________

s. 6Part 5—Repeal


4

PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986

8 Breath analysing instrumentss. 8

See:Act No.127/1986.Reprint No. 12as at5 April 2010and amendingAct Nos19/1991, 13/2009, 93/2009, 6/2010, 13/2010, 19/2010, 29/2010, 30/2010, 45/2010, 63/2010, 74/2010, 75/2010, 76/2010 and 77/2010.LawToday:www.legislation.vic.gov.au

(1) In section 3(1) of the Road Safety Act 1986, in the definition of breath analysing instrument, after paragraph (a) insert—

'(ab) the apparatus known as the Alcotest 9510 AUS to which a plate is attached on which there is written, inscribed or impressed the numbers "8320869" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or'.

(2) In section 58(5) of the Road Safety Act 1986, for 'the expressions "Alcotest 7110" and "3530791" ' substitute—

'the expressions—

(a) "Alcotest 7110" and "3530791"; or

(b) "Alcotest 9510 AUS" and "8320869"—'.

9 Improper use of motor vehicle

(1) After section 65A(2) of the Road Safety Act 1986 insert—

Part 5—Repeal


5

"(2A) Subsection (1) does not apply to a person who drives a motor vehicle in the manner described in subsection (1) on land other than a highway in the course of—

(a) an event or function that—

(i) is conducted at a motor sport venue; and

(ii) is authorised by the operator of the venue; or

(b) an event or function that—

(i) is organised, conducted or sanctioned by a motoring organisation; and

(ii) is conducted in accordance with the rules of conduct of the motoring organisation; or

(c) driver training that—

(i) is supervised by a person for financial gain or in the course of any trade or business; and

(ii) is conducted at a venue designed, or primarily used, for driver training or at a motor sport venue; or

(d) vehicle testing by, or authorised by, a manufacturer of vehicles or vehicle components; or

(e) training activities of Victoria Police.

(2B) In subsection (2A)—

s. 9Part 5—Repeal


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motor sport venue means a permanent venue for motor sports that—

(a) has a permanent track; and

(b) is used for 2 or more motor sport events or functions each year; and

(c) is on land the use of which for motor sports and any development associated with that use is lawful.

Examples

1 Calder Park Raceway.

2 Sandown Motor Raceway.

3 Winton Motor Raceway.

(2C) Subsection (2A) does not affect any requirement made by or under any other Act.".

(2) In section 65A(3) of the Road Safety Act 1986—

(a) in paragraph (b), for "declaration." substitute "declaration; or"; and

(b) after paragraph (b) insert—

"(c) while the persons are participating in an activity, event or function, or a class of activities, events or functions, specified in the declaration.".

(3) In section 65A(5)(b) of the Road Safety Act 1986, for "organised and conducted by" substitute "sanctioned, or organised and conducted, by".

10 Speed trials

In section 68(4) of the Road Safety Act 1986, for "organised and conducted by" substitute "sanctioned, or organised and conducted, by".

11 Insertion of definitions

s. 10Part 5—Repeal


7

In section 84C(1) of the Road Safety Act 1986 insert the following definitions—

"Commonwealth Act means the Personal Property Securities Act 2009 of the Commonwealth;

Commonwealth Registrar means the Registrar of Personal Property Securities appointed under the Commonwealth Act;

financing change statement has the same meaning as in the Commonwealth Act;

financing statement has the same meaning as in the Commonwealth Act;".

12 Period in which relevant offences can be taken into account

(1) In section 84S(1)(b) of the Road Safety Act 1986, for "3 years" substitute "6 years".

(2) In section 84T(1) of the Road Safety Act 1986, for "3 years" (wherever occurring) substitute "6 years".

(3) In section 84U(1)(b) of the Road Safety Act 1986, for "3 years" substitute "6 years".

13 New section 84TA inserted

After section 84T of the Road Safety Act 1986 insert—

"84TA Application to register financing statement after impoundment or immobilisation order or forfeiture order

(1) As soon as practicable after an impoundment or immobilisation order under section 84S or a forfeiture order under section 84T is made, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to



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register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the order.Note

A financing statement includes a statement of the reason why the property is registered.

(2) The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.".

14 New section 84WA inserted

After section 84W of the Road Safety Act 1986 insert—

"84WA Application to register financing statement after serving notice of application

(1) As soon as practicable after serving notice under section 84W(1) of an intended application, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the intended application.Note


(2) The Corporation may apply to register a financing statement or a financing change



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statement under subsection (1) on behalf of the Chief Commissioner of Police.".

15 New sections 84ZQB and 84ZQC inserted

After section 84ZQA of the Road Safety Act 1986 insert—

"84ZQB Application to register financing statement after giving notice of intention to sell etc.

(1) As soon as practicable after giving notice under section 84ZQA(1) of an intention to sell or otherwise dispose of a motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle.Note


(2) The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police.

84ZQC Application to register financing statement if motor vehicle vests in Crown

(1) Within 7 days after a motor vehicle vests in the Crown under section 84ZQ(4), the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires), in respect of the motor vehicle.Note



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16 New section 84ZUA inserted

After section 84ZU of the Road Safety Act 1986 insert—

"84ZUA Application to register financing statement after giving notice of application for disposal order

(1) As soon as practicable after giving notice under section 84ZU(1) of an intention to make application for a disposal order for a motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle.Note


(2) The Corporation may apply to register a financing statement or a financing change



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statement under subsection (1) on behalf of the Chief Commissioner of Police.".

17 New section 84ZWA inserted

After section 84ZW of the Road Safety Act 1986 insert—

"84ZWA Application to register financing statement after making of disposal order

(1) Within 7 days after the making of a disposal order under section 84ZW, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the order.Note



18 New Division 6 inserted in Part 6A

After Division 5 of Part 6A of the Road Safety Act 1986 insert—

"Division 6—Inspection of impounded, immobilised or forfeited motor vehicles

84ZY Power to inspect motor vehicles

(1) A member of the police force or a person referred to in section 13(6) may inspect at any reasonable time a motor vehicle that has been impounded, immobilised or forfeited under this Part if the member or person



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believes on reasonable grounds that the motor vehicle does not comply with this Act or the regulations.

(2) An inspection may include any tests which the inspecting member of the police force or person considers appropriate.

(3) If, on inspecting a motor vehicle, a member of the police force or a person referred to in section 13(6) discovers that the motor vehicle does not comply with this Act or the regulations, the member or person may take any action under section 14.".

19 Disqualification for drug-driving infringement

In section 89D(1A) of the Road Safety Act 1986, after "excessive speed infringement" insert "or a drug-driving infringement".

20 New section 103ZD inserted

After section 103ZC of the Road Safety Act 1986 insert—

"103ZD Transitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

(1) Sections 84S, 84T and 84U as amended by section 12 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 apply to—

(a) previous relevant offences committed on or after the commencement of section 12 of that Act; and

(b) previous relevant offences committed before the commencement of section 12 of that Act if the most recent relevant



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offence is alleged to have been committed on or after the commencement of section 12 of that Act.

(2) For the purposes of subsection (1), if a relevant offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 12 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011, the relevant offence is alleged to have been committed before the commencement of section 12 of that Act.

(3) Section 84TA as inserted by section 13 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to an impoundment or immobilisation order or a forfeiture order made on or after the commencement of section 13 of that Act, irrespective of when the offence is alleged to have been committed.

(4) Section 84WA as inserted by section 14 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84W(1) served on or after the commencement of section 14 of that Act, irrespective of when the offence is alleged to have been committed.

(5) Section 84ZQB as inserted by section 15 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84ZQA(1) given on or after the commencement of section 15 of that Act, irrespective of when



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the offence is alleged to have been committed.

(6) Section 84ZQC as inserted by section 15 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to the vesting of a motor vehicle under section 84ZQ(4) on or after the commencement of section 15 of that Act, irrespective of when the offence is alleged to have been committed.

(7) Section 84ZUA as inserted by section 16 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a notice under section 84ZU(1) given on or after the commencement of section 16 of that Act, irrespective of when the offence is alleged to have been committed.

(8) Section 84ZWA as inserted by section 17 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to a disposal order made on or after the commencement of section 17 of that Act, irrespective of when the offence is alleged to have been committed.

(9) Section 84ZY as inserted by section 18 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 applies to any motor vehicle that is subject to impoundment, immobilisation or forfeiture on or after the commencement of section 18 of that Act, irrespective of when impoundment, immobilisation or forfeiture occurred.

(10) Section 89D(1A) as amended by section 19 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011



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applies to a drug-driving infringement alleged to have been committed on or after the commencement of section 19 of that Act.

(11) For the purposes of subsection (10), if a drug-driving infringement is alleged to have been committed between 2 dates, one before and one after the commencement of section 19 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011, the drug-driving infringement is alleged to have been committed before the commencement of section 19 of that Act.".

21 Statute law revision

(1) In the heading to section 29 of the Road Safety Act 1986, for "Magistrate's Court" substitute "Magistrates' Court".

(2) In section 5 of the Road Legislation Miscellaneous Amendments Act 2010, in proposed section 62(1A) of the Melbourne City Link Act 1995, before "Roads Corporation" (wherever occurring) insert "the".

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s. 21


Part 5—Repeal


16

PART 4—AMENDMENT OF THE POLICE REGULATION ACT 1958

22 Disclosure of informations. 22

See:Act No.6338.Reprint No. 13as at27 May 2010and amendingAct Nos1/2010, 13/2010, 40/2010, 53/2010, 63/2010 and 2/2011.LawToday:www.legislation.vic.gov.au

After section 127A(1F) of the Police Regulation Act 1958 insert—

"(1G) Subsection (1) does not prevent a member of police personnel acting on behalf of the Chief Commissioner of Police from accessing or disclosing to the Registrar of Personal Property Securities appointed under the Personal Property Securities Act 2009 of the Commonwealth information required to apply for registration of a financing statement or a financing change statement under that Act in the performance of duties of the Chief Commissioner under Part 6A of the Road Safety Act 1986.".

23 Statute law revision

In section 43(4) of the Superannuation Legislation Amendment Act 2010, for "Part III" substitute "Part II".

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Part 5—Repeal


17

Part 5—Repeal


18

PART 5—REPEAL

24 Repeal of amending Act

This Act is repealed on 1 July 2013.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 984).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 25 May 2011

Legislative Council: 16 June 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Road Safety Amendment (Hoon Driving) Act 2010, the Police Regulation Act 1958 and other Acts and for other purposes."

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