Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations 2017

Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations2017

S.R. No. 140/2017

table of provisions

RegulationPage

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

Part 2—Road Safety (Drivers) Regulations2009

4Corporation to record demerit points

5Corporation to record demerit points for relevant interstate offences

6Notice to be given to other jurisdictions

7Definitions for Part 6

8New regulation 107A inserted

Part 3—Road Safety (General) Regulations2009

9Prescribed period for making statements

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Endnotes

Part 2—Road Safety (Drivers) Regulations 2009

Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations2017

S.R. No. 140/2017

statutory rules 2017

S.R. No. 140/2017

Part 2—Road Safety (Drivers) Regulations 2009

Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations2017

S.R. No. 140/2017

Road Safety Act 1986

Part 2—Road Safety (Drivers) Regulations 2009

Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations2017

S.R. No. 140/2017

Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations2017

Part 2—Road Safety (Drivers) Regulations 2009

Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations2017

S.R. No. 140/2017

The Governor in Council makes the following Regulations:

Dated: 19 December 2017

Responsible Minister:

LUKE DONNELLAN

Minister for Roads and Road Safety

andrew robinson

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend theRoad Safety (Drivers) Regulations 2009 andthe Road Safety (General) Regulations 2009 as aconsequence of the enactment of the Fines Reform Act 2014.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

These Regulations come into operation on 31December 2017.

Part 2—Road Safety (Drivers) Regulations2009

4Corporation to record demerit points

(1)For regulation 73(1)(e) of the Road Safety (Drivers) Regulations 2009[1]substitute—

"(e) an enforcement order that is in force hasbeen made against the person under Schedule 3 to the Children, Youth andFamilies Act 2005in relation to arelevant offence; or".

(2)After regulation 73(1) of the Road Safety (Drivers) Regulations 2009 insert—

"(1A) For the purposes of section 35(3) of the Act,the Corporation must also record in theDemerits Register the appropriate number ofdemerit points against a person if—

(a)it is duly notified that a notice of final demand has been served on the person under section 23 of the Fines Reform Act 2014 in relation to a relevant offence; and

(b)it has not been notified that notice of anenforcement cancellation has been served on the enforcement agency under section 37(2) of that Act in relation to the infringement fine for therelevant offence.".

5Corporation to record demerit points for relevant interstate offences

For regulation 73A(1)(d) of the Road Safety (Drivers) Regulations 2009substitute—

"(d) an action equivalent to the following that has not been reversed has been taken against the person in relation to a relevant interstate offence—

(i)the service of a notice of final demand on the person under section 23 of the Fines Reform Act 2014;

(ii)the making of an enforcement order under Schedule 3 to the Children, Youth and Families Act 2005; or".

6Notice to be given to other jurisdictions

For regulation 75(1)(c) of the Road Safety (Drivers) Regulations 2009substitute—

"(c) the penalty specified in an infringement notice has not been paid, and—

(i)a notice of final demand has beenserved on the person under section23 of the Fines Reform Act2014 in respect of the unpaid penalty;and

(ii)no notice of an enforcement cancellation in relation to the infringement fine has been served onthe enforcement agency under section 37(2) of that Act; or

(ca)the penalty specified in an infringement notice has not been paidand an enforcement order that is in force has been made against the person under Schedule 3 to the Children, Youth and Families Act 2005in respect of the unpaid penalty; or".

7Definitions for Part 6

In regulation 107 of the Road Safety (Drivers) Regulations 2009, for the definition of eligible personsubstitute—

"eligible person has the meaning given to it in regulation 107A;".

8New regulation 107A inserted

After regulation 107 of the RoadSafety (Drivers) Regulations 2009 insert—

"107A Meaning of eligible person

(1)For the purposes of this Part, an eligible person is a person who—

(a)holds a probationary driver licence that has been subject to a P1 probationary period and a P2 probationary period; and

(b)according to the Corporation's records as at the assessment date for the driver licence, satisfies the requirements specified in subregulation (2) in respect of a relevant offence committed or alleged to have been committed by the person in the relevant period; and

(c)according to the Corporation's records, will be less than 25 years of age at the expiry of the person's probationary period.

Note

For the probationary period see regulation 48(4).

(2)For the purposes of subregulation (1)(b), the requirements are that the person—

(a)has not had demerit points recorded against the person under regulation 73 or 73A; and

(b)has not been convicted or found guilty; and

(c)has not paid, or entered into either ofthe following to pay, the penalty specified in an infringement notice issued to the person—

(i)a payment plan within the meaning of the Infringements Act 2006;

(ii)a payment arrangement within themeaning of the Fines Reform Act 2014; and

(d)has not had a conviction imposed byacourt under section 89(4) of theAct; and

(e)has not been convicted under section89A(2) of the Act; and

(f)is not the subject of a notice or order specified in subregulation (3)

(3)For the purposes of subregulation (2)(f)—

(a)the notice is a notice of final demand—

(i)that is served on the person under section 23 of the Fines Reform Act 2014; and

(ii)in relation to which no notice ofan enforcement cancellation inrelation to the infringement finehas been served on the enforcement agency under section37(2) of that Act; and

(b)the order is an enforcement order that is in force made against the person under Schedule 3 to the Children, Youth and Families Act 2005.

(4)In this regulation—

relevant period—

(a)means the period—

(i)beginning on the first grant of a P1 probationary driver licence to the person; and

(ii)ending on the day before theassessment date for thedriver licence; and

(b)includes any period during which the person did not hold a driver licence.".

Part 3—Road Safety (General) Regulations2009

9Prescribed period for making statements

For regulation 80(1)(b)(i) of the Road Safety (General) Regulations 2009[2]substitute—

"(i)if the infringement notice was served on aperson other than a child and the fine is aninfringement fine within the meaning oftheFines Reform Act 2014that may beregistered under section 16 of that Act, theperiod beginning on the date of the noticeand ending immediately before theinfringement fine is registered under section16 of that Act; or".

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Endnotes

Road Safety (Drivers) and (General) Amendment (Fines Reform) Regulations2017

S.R. No. 140/2017

Endnotes

[1] Reg. 4(1): S.R. No. 95/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R.No.42/2017. Subsequently amended by S.R. No. 100/2017.

[2] Reg. 10: S.R. No. 115/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. No. 79/2017.