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Report Details


Committee Name:

Uniform Legislation and Statutes Review Committee

House:

Legislative Council
Report Type:Report

Title:

Road Traffic Amendment Bill 2005
Report No:5
No of Pages:54
Physical Location:Legislative Council Committee Office

Presentation Date:

11/15/2005
Inquiry Name(s):Road Traffic Amendment Bill 2005


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Hide details for EXECUTIVE SUMMARYEXECUTIVE SUMMARY


1.It was agreed, in various national forums from 1991 to 1999, that a national road transport regime would be implemented throughout the Australian Commonwealth, including nationally uniform driver licensing standards and procedures. The agreements made at these forums culminated in, among other things, the development of the National Driver Licensing Scheme, which was originally scheduled for implementation in all States and Territories by February 1999. The National Driver Licensing Scheme will not directly apply to the Commonwealth as the constitutional responsibility for road transport lies with the States and Territories.
2.The purposes of the National Driver Licensing Scheme are to:
provide for nationally uniform requirements for key driver licensing transactions, which include the granting and renewal of driver licences, the variation, suspension and cancellation of driver licences and the management of demerit points. The National Driver Licensing Scheme will generally not affect the existing State and Territory laws with respect to learner and probationary drivers;
introduce the concept of ‘one driver/one licence’. That is, a disqualification of a person’s driver licence in one jurisdiction is to apply everywhere in Australia;
3.The National Driver Licensing Scheme was developed in order to:
improve road safety by closing ‘loopholes’ in previous driver licensing laws. For example, the National Driver Licensing Scheme was designed to prevent drivers from holding multiple driver licences and being able to select a different licence when another one had been suspended;
establish one set of driver licensing rules in Australia;
assist heavy vehicle drivers in their ability to work throughout Australia; and
aid the conversion of driver licences when people move to other jurisdictions.
4.The Road Traffic Amendment Bill 2005 will continue the implementation of the National Driver Licensing Scheme in Western Australia by amending and adding to the laws which provide for the existing system of driver licensing and management of driving offences. It also proposes to correct existing drafting inconsistencies and anomalies.


RECOMMENDATIONS

5 In addition to the recommendations that have been made, the Committee draws the attention of the Legislative Council to the following matters which are also canvassed in this Report:
      • Clarification of drafting: clause 6, proposed section 44B(3) - recognition of authorisation of another jurisdiction (paragraphs 6.10 to 6.13).

      • Averment provisions: clause 26 - section 98 amended - proof of certain matters (paragraphs 6.29 to 6.30).

      • Subdelegation of legislative power: clause 35 - sections 111AA and 111AB inserted and saving (paragraphs 6.46 to 6.52).

6 Recommendations are grouped as they appear in the text at the page number indicated below:

Page 11
Recommendation 1: The Committee recommends that during debate on the Road Traffic Amendment Bill 2005, the responsible Minister advise the Legislative Council why it is preferable to have regulations made under clause 6, proposed section 42(6)(b), rather than prescribing, in the Road Traffic Act 1974, the circumstances in which a driver may be exempted from complying with proposed Part IVA or a provision of that Part.

Page 13
Recommendation 2: The Committee recommends that during debate on the Road Traffic Amendment Bill 2005, the responsible Minister advise the Legislative Council why it is preferable to have regulations made under clause 6, proposed section 44, rather than prescribing, in the Road Traffic Act 1974:

• the classes or kinds of motor vehicle that can be driven on roads without the driver holding a Western Australian driver’s licence; and

• the circumstances in which the Director General may permit a person to drive without holding a driver’s licence of a kind that authorises that driving.

Page 15
Recommendation 3: The Committee recommends that during debate on the Road Traffic Amendment Bill 2005, the responsible Minister clarify the intended scope and operation of proposed section 49(2) in view of the people who may commit an offence under proposed sections 49(1)(a) or (b). If:

(a) the defence in proposed section 49(2) is to be made available only to a person who falls within proposed section 49(1)(a), then the Committee recommends that clause 7, proposed section 49(2) be amended so that it refers to subsection (1)(a) instead of subsection (1). This could be achieved by the following amendment -

Clause 7, page 20, line 15 - To delete “(1)” and insert instead -
“(1)(a)”.

(b) the defence in proposed section 49(2) is to be made available to a person who falls within proposed sections 49(1)(a) or (b), then the Committee recommends that the phrase ‘by the accused’ be deleted from clause 7, proposed section 49(2). This could be achieved by the following amendment -

Clause 7, page 20, line 16 - To delete “by the accused”.

Page 16
Recommendation 4: The Committee recommends that during debate on the Road Traffic Amendment Bill 2005, the responsible Minister advise the Legislative Council:

• why proposed section 49 does not contain a subsection equivalent to section 49(4) of the Road Traffic Act 1974; and

• whether regulations that will be made under proposed section 42(6)(b) and proposed section 44 are intended to have an equivalent effect to existing section 49(4) of the Road Traffic Act 1974.

Page 21
Recommendation 5: The Committee recommends that during debate on the Road Traffic Amendment Bill 2005, the responsible Minister clarify the intended scope and purpose of clause 17 in light of the comments made by the Committee. Depending on the responsible Minister’s response, the Legislative Council may wish to delete clause 17. This could be achieved by the following amendment -

Clause 17, page 28, line 19 to page 29, line 12 - To delete the clause.

Page 25
Recommendation 6: The Committee recommends that clause 27 of the Road Traffic Amendment Bill 2005 be amended so that a further subsection that is equivalent to Primary Principle 24(2) is inserted into proposed section 101A. Consequential amendments to section 101 of the Road Traffic Act 1974 may also be required.

Page 26
Recommendation 7: The Committee recommends that during debate on the Road Traffic Amendment Bill 2005, the responsible Minister advise the Legislative Council why:

• clause 31, proposed section 104T, is required; and

• it is preferable to have regulations made under clause 31, proposed section 104T, rather than prescribing, in the Road Traffic Act 1974, how anomalies arising from differing concepts of a person’s ‘demerit point registry jurisdiction’ are to be resolved.