Road Legislation Amendment Bill 2013

Introduction Print

EXPLANATORY MEMORANDUM

General

This Bill amends the Road Safety Act 1986 to enact new provisions relating to the demerit point scheme that will accommodate multiple sanctions arising from the rapid accumulation of demerit points in a clear and linear manner. The Bill will also strengthen laws relating to interstate, overseas and unlicensed drivers and make other improvements to the driver licensing and registration regimes.

The Bill amends the Heavy Vehicle National Law Application Act 2013 and the Road Safety Act 1986 for the purpose of making statute law revision and minor technical amendments.

Clause Notes

PART 1—PRELIMINARY

Clause 1 sets out the main purposes of the Bill, which are—

to repeal and replace the provisions of the Road Safety Act 1986 relating to the demerit point scheme in order to—

restructure those provisions in a form that is more readable;

provide for procedures for dealing with multiple sanctions arising from the rapid accumulation of demerit points;

extend the application of the demerit point scheme to drivers who do not hold a Victorian driver licence or learner permit; and

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make other amendments to the Road Safety Act 1986 relating to licensing, registration and other matters; and

to make miscellaneous amendments to the Heavy Vehicle National Law Application Act 2013.

Clause 2 provides for the commencement of the Bill. Part 1 and section 33 will come into operation on the day after the day on which the Act receives Royal Assent. The remaining provisions will come into operation on a day or days to be proclaimed. If not proclaimed before 1 July 2015, any remaining provision will come into operation on that day. The date of 1 July 2015 has been chosen in order to allow adequate time for VicRoads to make necessary systems changes to implement a number of the proposals in the Bill.

PART 2—AMENDMENTS RELATING TO DEMERIT POINT SCHEME

Division 1—Amendments to the Road Safety Act 1986

Clause 3 repeals sections 25 and 26AA of the Road Safety Act 1986. These provisions are substantially re-enacted in new Part 4 inserted by clause 4.

Clause 4 inserts a new Part 4 into the Road Safety Act 1986 in relation to demerit points. This new Part re-enacts most of the subsections of section 25 of the Road Safety Act 1986 with some modification, but also includes provisions that will accommodate multiple sanctions arising from the rapid accumulation of demerit points in a clear and linear manner.

The new section 34 provides definitions for particular words and phrases used in Part 4.

Demerit point option notice is defined to mean a notice served on the holder of a driver licence or learner permit under section 36(1) by VicRoads (which is referred to as "the Corporation" under the Road Safety Act 1986). This notice will be served on the driver once he or she incurs a specified number of demerit points. The notice will inform the driver that he or she may elect to have his or her driver licence or learner permit suspended for a specified period or to "extend the demerit point period" for 12 months. By electing to "extend the demerit point period"

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the driver avoids the immediate suspension of his or her licence but will have his or her licence suspended if any more demerit points are incurred during the 12 month extended demerit point period.

Disqualification notice is defined to mean a notice served by VicRoads on the holder of an overseas licence or an unlicensed driver under section 46A(1). (Holder of an overseas licence and unlicensed driver are defined below.) This notice will be served on the driver once he or she incurs a specified number of demerit points. It will inform the driver that he or she is disqualified from driving in Victoria and from obtaining a Victorian driver licence or learner permit for a specified period. As these drivers do not hold a licence or permit issued under the Road Safety Act 1986 it is not possible for VicRoads to sanction them by suspending their licence or permit. Instead, overseas and unlicensed drivers will be disqualified from driving and from obtaining a licence or permit issued under the Road Safety Act 1986.

Extended demerit point period is defined to mean a period of 12 months commencing on the date specified in a demerit point option notice in relation to which the holder of a driver licence or learner permit issued under the Road Safety Act 1986 has made an election. If the driver completes this period without incurring any further demerit points, then VicRoads will disregard all demerit points recorded against the person as at the date the option notice was issued. If the driver incurs one or more demerit points during this period he or she will have his or her licence or permit suspended for generally double the amount of time that would have applied had he or she not elected to take the extended demerit point period.

Holder of an overseas licence is defined to mean a person who holds a driver licence or learner permit issued in an overseas jurisdiction and who is exempt under the Road Safety Act 1986 or the regulations made under that Act from holding a Victorian driver licence or learner permit. The Bill will apply the demerit point scheme to these drivers. Currently, these drivers may incur demerit points but the points will not count towards any sanction until they obtain a Victorian driver licence or learner permit. If they do so, any points that they may have incurred will be tallied and may lead to a demerit point option notice being issued. Under the amendments to be made by the Bill, overseas

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drivers will be subject to the demerit point scheme by virtue of their driving on Victoria's roads. Once overseas drivers incur a specified number of demerit points they will be issued with a disqualification notice that will disqualify them from driving and from obtaining a Victorian driver licence or learner permit.

Unlicensed driver is defined to mean a person who—

holds neither a Victorian driver licence or learner permit; and

does not hold a licence or permit issued in another State, Territory or country that exempts the person under the regulations from the requirements of section 18(1)(a).

Unlicensed drivers are persons who are driving unlawfully in Victoria. Currently these drivers may incur demerit points but the points will not count towards any sanction until they obtain a Victorian driver licence or learner permit. If they do so, any points that they may have incurred will be tallied and may lead to a demerit point option notice being issued. Under the amendments to be made by the Bill, unlicensed drivers will be subject to the demerit point scheme by virtue of their driving on Victoria's roads. Once unlicensed drivers incur a specified number of demerit points they will be issued with a disqualification notice that will disqualify them from driving on Victoria's roads and from obtaining a Victorian driver licence or learner permit. This sanction will apply in addition to any penalty that these drivers may receive for driving without a licence or permit.

Victorian driver licence or learner permit is defined to mean a driver licence or learner permit granted to a person under the Road Safety Act 1986.

The new section 35(1) re-enacts the requirement in current section 25(1) of the Road Safety Act 1986 that VicRoads must keep a Demerits Register. Section 35(2) provides that VicRoads must record against any of the persons listed under paragraphs (a) to (c) any demerit points that are incurred by that person. The persons against whom VicRoads must record demerit points are—

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the holder of a Victorian driver licence or learner permit;

the holder of an overseas licence (which includes the holder of an overseas learner permit);

an unlicensed driver.

The new section 35(3) provides that the regulations may prescribe—

the circumstances in which demerit points are incurred and the number of points incurred in those circumstances;

the determination of the date on which demerit points are to be recorded as incurred;

the circumstances in which demerit points may be cancelled.

The new section 36(1) specifies the circumstances in which VicRoads must serve a demerit point option notice. It requires VicRoads to serve a notice on—

the holder of a full driver licence or the holder of a learner permit or probationary driver licence who also holds or has held a full driver licence if he or she incurs 12 or more demerit points within any 3 year period;

the holder of a learner permit or probationary driver licence who does not hold and has never held a full driver licence if he or she incurs—

5 or more demerit points within any 12 month period; or

12 or more demerit points within any 3 year period.

The new section 36(2) provides that the notice, in addition to containing the prescribed particulars, must state or specify certain matters including that the person may elect to extend the demerit point period and specify the date on which the extended demerit point period will commence if the person elects to extend the demerit point period.

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The new section 36(3) clarifies that VicRoads may specify a date as the date on which an extended demerit point period commences even if the driver licence or learner permit is due to expire before that date. It is intended that the pending expiry or actual expiry of a driver licence or learner permit will not affect the commencement or operation of an extended demerit point period or a period of suspension imposed under Division 3. (See also new sections 38(4) and 42(4).)

The new section 36(4) provides that VicRoads may postpone sending the demerit point option notice if it is aware that the person is already subject to—

an extended demerit point period in relation to another demerit point option notice;

a licence or permit suspension;

a licence or permit cancellation with a period of disqualification imposed.

VicRoads may send the notice after the sanction has come to an end. The use of traffic cameras has given rise to a situation in which it is now possible for a driver to rapidly incur demerit points and other sanctions. The driver may incur sufficient numbers of demerit points as to warrant being sent several notices in a short space of time, in addition to which the driver may be subject to other road safety sanctions. Under the current section 25, VicRoads must serve a demerit point option notice once the driver has accumulated a specified number of demerit points, irrespective of whether the driver is already subject to another penalty. This can lead to confusion on the part of the driver as to the status of his or her licence or permit and the choices he or she is able to make. The ability to delay sending out the notice afforded by the new section 36(4) should ensure that such confusion can be avoided.

The new section 37(1) provides that this section applies if a person on whom a demerit point option notice (the earlier notice) has been served incurs further demerit points after a notice has been issued but before the date specified in the earlier notice as the date on which the extended demerit point period is to commence. In these circumstances, the new section 37(2) allows VicRoads to serve a further demerit point option notice on the person if he or she incurs sufficient demerit points to warrant a further notice being issued. The new section 37(3) requires that

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the date specified in the further notice as the date on which the extended demerit point period commences must not be earlier than—

the date on which the extended demerit point period specified in the earlier notice is due to expire; or

if the person's licence or permit is suspended under section 40 or 41, the date on which the suspension expires.

It is possible that after the issue of the demerit point option notice and prior to the commencement of the 12 month extended demerit point period, a driver may incur further demerit points in sufficient number as to warrant further option notices being sent. Under the current section 25 of the Road Safety Act 1986 VicRoads must serve a demerit point option notice once the driver has accumulated a specified number of demerit points. This means that a driver may receive several demerit point option notices in a short space of time and elect to extend the demerit point period in relation to all of them. Under current section 25 these periods will be served concurrently, as there is no provision for them to be served consecutively. In this way, a driver may avoid the full consequences of his or her poor driving behaviour, through serving multiple extended demerit point periods at much the same time.

The new section 37 is intended to ensure that extended demerit point periods are served consecutively not concurrently and that any suspension period arising from the breach of an extended demerit point period has been completed before any further extended demerit point period may commence.

The new section 38(1) is the equivalent of current section 25(3A) of the Road Safety Act 1986. It provides that a person on whom a demerit point option notice is served may elect to extend the demerit point period by notifying VicRoads of that election within 21 days after the service of the notice.

The new section 38(2) deals with the situation in which during the extended demerit point period the person's licence or permit is suspended or cancelled with a period of disqualification imposed for a driving offence that does not attract demerit points (whether the suspension or cancellation is imposed under the Road Safety Act 1986 or otherwise). It provides that in these circumstances, the extended demerit point period is suspended

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until the other period of suspension or disqualification ends. Currently under section 25 if a person who elects to take the extended demerit point period also receives a licence or permit suspension or disqualification during that period for an offence that does not attract demerit points, the extended demerit point period and the suspension or disqualification period will simply operate concurrently, as there is no provision for the periods to operate consecutively. The new section 38(3) confirms that an extended demerit point period resumes immediately after the ending of a period of disqualification regardless of when or whether the person applies for a new driver licence.

The new section 38(4) confirms that if a driver licence or learner permit expires during an extended demerit point period this will not affect that period.

The new section 39 is the equivalent of current section 25(3C) of the Road Safety Act 1986. The new section 39(1) provides that the section applies if a person elects to extend the demerit point option period and incurs no additional demerit points during that period. The new section 39(2) requires VicRoads to disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice which means that those points will not be used again for the purposes of any further sanction.

The new section 40 is the equivalent of current section 25(3B) of the Road Safety Act 1986. It deals with persons who elect to extend the demerit point period but who then incur further demerit points. These people will be subject to suspension periods that are generally double those that would have applied had they not elected to extend the demerit point period. The new section 40(1) provides that the section applies if a person elects to extend the demerit point period and then incurs one or more additional demerit points in relation to any offence committed within that period. The new section 40(2)(a) specifies the suspension period that applies to a person who holds a full driver licence or who holds a learner permit or probationary driver licence and who also holds, or has held, a full driver licence. The new section 40(2)(b) requires VicRoads to serve on this person a notice containing the prescribed particulars and specifying the date on which the suspension is to take effect.

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The new section 40(3)(a) specifies the suspension period that applies to a person who holds a learner permit or probationary driver licence but does not hold and has never held a full driver licence. The new section 40(3)(b) requires VicRoads to serve on this person a notice containing the prescribed particulars and specifying the date on which the suspension is to take effect.

The new section 40(4) is the equivalent of current section 25(3B)(b) of the Road Safety Act 1986. It requires VicRoads to disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice when calculating points at any time after the suspension period.

The new section 41 is the equivalent of current section 25(3D), (3E) and (3F) of the Road Safety Act 1986. It deals with the circumstances in which a person does not elect to extend the demerit point period. The new section 41(1) provides that the section applies if a person who is served with a demerit point option notice does not elect to extend the demerit point period. The new section 41(2) requires VicRoads to suspend the persons driver licence or learner permit for the period calculated in accordance with the new section 41(4).

The new section 41(3) deals with the situation where the option notice is returned undelivered to VicRoads and specifies the action that VicRoads must take. VicRoads must suspend the person's driver licence or learner permit or serve another demerit point option notice.

The new section 41(4)(a) specifies the suspension period that applies if the person holds a full driver licence or holds a learner permit or probationary driver licence and also holds, or has held, a full driver licence.

The new section 41(4)(b) specifies the suspension period that applies if—

the person holds a learner permit or probationary driver licence and does not hold and has never held a full driver licence; and

the demerit point option notice was issued because the person incurred 12 or more demerit points within a 3 year period but not 5 or more within a 12 month period.

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The new section 41(4)(c) specifies the suspension period that applies if—

the person holds a learner permit or probationary driver licence and does not hold and has never held a full driver licence; and

the demerit point option notice was issued because the person incurred 5 or more demerit points within a 12 month period.

The new section 41(5) requires VicRoads to disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice when calculating demerit points at any time after the suspension period.

The new section 42(1) is the equivalent of current section 25(4) of the Road Safety Act 1986. It provides that the suspension of a driver licence or learner permit under section 40(2) or (3) takes effect on and from the date determined by VicRoads and specified in the notice served under that section.

The new section 42(2) is the equivalent of current section 25(4AA) of the Road Safety Act 1986 and deals with the situation in which a notice is returned undelivered. It provides that the suspension of a driver licence or learner permit under new section 41(2) takes effect on and from the date determined by VicRoads and specified in the notice served under section 36(1) or, if the notice is returned undelivered and VicRoads decides under section 41(3)(b) to serve another notice, on and from the date determined by VicRoads and specified in the later notice.

The new section 42(3) confirms that VicRoads may determine a date as the date on which a suspension under this Division takes effect even if the driver licence or learner permit is due to expire before that date. The new section 42(4) confirms that the expiry of a driver licence or learner permit suspended under this Division does not affect the period of suspension.

The new section 43 is the equivalent of current section 25(4B) of the Road Safety Act 1986. The new section 43(1) provides that the service of a demerit point option notice or a notice under section 40(2)(b) or (3)(b) is not a condition precedent to a suspension under this Division taking effect.

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The new section 43(2) provides that despite subsection (1), if at any time after 7 days after the date of issue of the notice, VicRoads is satisfied that the holder of the licence or permit has not been served with the notice, it must take the action specified under paragraphs (a) to (c). These actions include cancelling the suspension, determining another effective date and serving another notice specifying the new date. (The new section 43(2) varies the current position under section 25(4B) by decreasing the relevant time frame from 14 to 7 days. This is consistent with new section 46E, which deems service to have occurred 7 days from the date of issue of the notice).

The new section 43(3) is the equivalent of current section 25(4BA) of the Road Safety Act 1986. It provides that subsection (2) does not apply if a person is charged with an offence against section 30 for driving while a suspension under Division 4 is in effect and the person is found not guilty on the grounds that he or she was not aware at the relevant time that his or her licence or permit had been suspended.

The new section 44(1) is the equivalent of current section 25(4C) of the Road Safety Act 1986. It provides that if a driver licence or learner permit suspended under Division 4 is cancelled or suspended by VicRoads under another provision of the Road Safety Act 1986 or by a court or by operation of the Act, the period from the cancellation or other suspension taking effect until a new licence or permit is issued or the other suspension is completed does not count in calculating the suspension under Division 4 and the suspension under Division 4 is stayed during that period.

The new section 44(2) is the equivalent of current section 25(4D) of the Road Safety Act 1986. This provides that if VicRoads is required to suspend a licence or permit that has been cancelled or suspended by VicRoads under another provision of the Road Safety Act 1986 or by a court or by operation of the Act, the date determined by VicRoads under section 42 must not be earlier than date on which a new licence or permit is issued or other suspension is completed.

The new section 45 deals with the circumstances in which some or all of the demerit points that have led to the issuing of a demerit point option notice are cancelled. This may occur if a person successfully appeals an offence that attracted demerit points. Current section 25 of the Road Safety Act 1986 does not

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deal specifically with this situation. The new section 45 operates to ensure that upon the cancellation of the particular demerit points, the person is put back in the position that he or she would have been in if those points had not been incurred and that any demerit points that are not cancelled are still able to count towards a further sanction under Part 4.

The new section 45(1) provides that the section applies if some or all of the demerit points recorded against a person as at the date of issue of the demerit point option notice are cancelled and without those points the conditions specified in section 36(1) for issuing the notice do not exist.

The new section 45(2) provides that if in response to the notice the person elected to extend the demerit point period, then that period is cancelled. Furthermore, VicRoads must also cancel any suspension of the person's licence or permit that may have been imposed for breaching that period. The new section 45(3) provides that if the person did not elect to extend the demerit point period, then VicRoads must cancel any suspension imposed under section 41. The new section 45(4) provides that any demerit points recorded against the person as at the date of issue of the demerit point option notice that are not cancelled may continue to be regarded for the purposes of this Part.

The new section 46(1) and (2) deals with the situation in which the demerit points incurred during an extended demerit point period are cancelled. Current section 25 of the Road Safety Act 1986 does not deal specifically with this situation. The new section 46 operates to ensure that the person is put back in the position that he or she would have been in if those points had not been incurred and that any demerit points that are not cancelled are still able to count towards a further sanction under Part 4. The new section 46(1) requires VicRoads to cancel a suspension of a person's licence or permit imposed under section 40(2) or (3) if all the demerit points incurred during the extended demerit point period that gave rise to the suspension are cancelled. The new section 46(2) provides that if the suspension of a person's licence or permit is cancelled under subsection (1), the extended demerit point period continues as if the suspension period had not occurred.

The new section 46(3) deals with the situation in which some of the demerit points recorded against a person as at the date of issue of the demerit point option notice are cancelled, but there

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are still sufficient demerit points remaining to support the issuing of the notice under section 36(1). It provides that VicRoads must recalculate and, if necessary, adjust a period of suspension imposed under section 40(2) or (3) if any of the demerit points recorded against a person as at the date of issue of the demerit point option notice are cancelled and without those points the conditions under section 36(1) for issuing the notice continue to exist.

The new sections 46A and 46B deal with the application of the demerit point scheme to overseas and unlicensed drivers. The new section 46A(1) provides that if an overseas licence holder or an unlicensed driver incurs the number of demerit points specified in subsection (2), VicRoads must serve a disqualification notice containing the prescribed particulars on that person and disqualify the person from driving and from obtaining a Victorian driver licence or learner permit in accordance with section 46B.

The new section 46A(2) provides that the number of demerit points are—

in the case of a driver 22 years or older, 12 or more demerit points within any 3 year period; and

in the case of a driver under 22—

5 or more demerit points within any 12 month period; or

12 or more demerit points within any 3 year period.

The new section 46B(1) specifies the period for which these drivers must be disqualified from driving and from obtaining a driver licence or learner permit. The new section 46B(2) provides that the period of disqualification takes effect from the date determined by VicRoads and specified in the disqualification notice. The new section 46B(3) requires VicRoads to disregard all the demerit points recorded against the person as at the date of issue of the disqualification notice when calculating demerit points at any time after the end of the disqualification period.

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The new section 46C is the equivalent of current section 25(4B) of the Road Safety Act 1986 but applies to the service of a disqualification notice, rather than the service of a demerit point option notice or a notice of suspension. The new section 46C(1) provides that the service of a disqualification notice is not a condition precedent to a disqualification under Division 4 taking effect.

The new section 46C(2) provides that despite subsection (1), if at any time after 7 days after the date of issue of the notice, VicRoads is satisfied that the holder of the overseas licence or unlicensed driver has not been served with the notice, it must take the action specified under paragraphs (a) to (c). These actions consist of cancelling the disqualification, determining another effective date and serving another disqualification notice specifying the new date. The new section 46C(2) varies the current position under section 25(4B) by decreasing the time frame from 14 to 7 days. This is consistent with new section 46E, which deems service to have occurred 7 days from the date of issue of the notice.

The new section 46C(3) provides that subsection (2) does not apply if a person is charged with an offence against section 30 for driving while a disqualification under Division 4 is in effect and the person is found not guilty on the grounds that he or she at the relevant time was not aware that he or she had been disqualified from obtaining a licence or permit.

The new section 46D(1) provides that the section applies if some or all of the demerit points recorded against the person as at the date of issue of the disqualification notice are subsequently cancelled after the notice has been issued and without those points, the conditions for issuing the notice do not exist. The new section 46D operates to ensure that the person is put back in the position that he or she would have been in if those points had not been incurred. It also ensures that any demerit points that are not cancelled are still able to count towards a further sanction under this Part. The new section 46D(2) provides that the period of disqualification under section 46B is cancelled. The new section 46D(3) provides that any demerit points recorded against the person as at the date of issue of the disqualification notice that are not cancelled may continue to be regarded for the purposes of this Part.

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The new section 46E provides that a notice under Part 4 posted to a person is taken to have been served on that person 7 days after the date of issue of the notice. This provision modifies the current position under section 25(4A) by removing the proviso that service will not be deemed to have occurred if VicRoads is satisfied that the notice has not been served. It also reduces the time in which a notice will be deemed to have been served from 14 to 7 days. The current 14 day period allows too much time in which drivers can accrue further demerit points between the date of issue and the date of commencement of the sanction. This can lead to the need to send a further notice in a short period of time which tends to generate confusion on the part of the driver as to whether the notices are dealing with the same or different sets of circumstances.

The new section 46F confirms that when calculating demerit points recorded against a person, VicRoads must disregard any demerit points that are cancelled.

The new section 46G is the equivalent of current section 25(6). It provides that the fact that demerit points are recorded against a person is not admissible in evidence except in certain circumstances, including in proceedings on an appeal under section 46H(1) or (2).

The new section 46H is the equivalent of current section 26AA of the Road Safety Act 1986 in that it provides drivers with a right to appeal against the imposition of a suspension period under Part 4. It also provides overseas and unlicensed drivers with the right to appeal against a disqualification from driving and from obtaining a Victorian licence or permit.

The new section 46H(1) provides drivers with the right to appeal against a licence or permit suspension by VicRoads under section 40(2)(a) or (3)(a) or 41 to the Magistrates' Court. The new section 46H(2) provides the holder of an overseas licence and unlicensed drivers with the right to appeal a disqualification to the Magistrates' Court. The new section 46H(3) provides that an appeal must be made in accordance with the regulations and specifies the grounds for appeal. The new section 46H(4) provides that if the Magistrates' Court is satisfied that the suspension or disqualification was required, the Court must confirm the suspension or disqualification. The new section 46H(5) provides that in allowing the appeal the Court may direct VicRoads to take certain actions, including recording the demerit

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points as required by the regulations. The new section 46H(6) provides that in dismissing an appeal the Court may, if the suspension or disqualification has been stayed under section 46I, order that the suspension or disqualification take effect from a date specified in the order. The new section 46H(7) provides that VicRoads must give effect to every decision of the Court on an appeal under this section.

Current section 26AA(3) of the Road Safety Act 1986 operates to stay a suspension upon the giving of a notice of appeal. The new section 46I(1) varies this position by providing that a suspension or disqualification is not stayed upon the giving of the notice of appeal. The new section 46I(2) provides that a person other than an unlicensed driver who appeals against a suspension or disqualification may apply to the Court for a stay of the suspension or disqualification until the appeal is determined. The new section 46I(3) provides that on a stay application the Court may order that the suspension or disqualification is stayed until the date on which the appeal is determined or, if the appeal is discontinued, the date on which the notice of discontinuance is given to the Court and to VicRoads. The new section 46I(4) specifies that the Court may only make an order under subsection (3) if—

it is satisfied that the applicant has a reasonable prospect of success with the appeal; and

in the 3 years preceding the stay application the applicant has not had his or her driver licence or learner permit suspended or cancelled.

The second ground of appeal would have no application to a driver who has not held a licence or permit in the 3 years preceding a stay application. Unlicensed drivers have therefore not been afforded a right to apply for a stay of a disqualification.

The new section 46I(5) requires VicRoads to give effect to a decision of the Court on an application under this section.

Clause 5 amends the note at the foot of section 28 of the Road Safety Act 1986. That note refers to a suspension under section 25 and in particular, section 25(4C) and (4D). As section 25 is being repealed by clause 3 of the Bill and re-enacted in new Part 4 inserted by clause 4, the note needs to be amended to refer to Part 4 and section 44 in particular.

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Clause 6 amends section 89(5) of the Road Safety Act 1986. That section refers to demerit points incurred under section 25. As section 25 is being repealed by clause 3 of the Bill and re-enacted in new Part 4 inserted by clause 4, section 89(5) needs to be amended to refer to Part 4.

Clause 7 amends the note at the foot of section 89D of the Road Safety Act 1986. That note refers to a suspension under section 25 and in particular, section 25(4C) and (4D). As section 25 is being repealed by clause 3 of the Bill and re-enacted in new Part 4 inserted by clause 4, the note needs to be amended to refer to Part 4 and section 44 in particular.

Clause 8 amends clause 12(3) of Schedule 3 to the Children, Youth and Families Act 2005. That clause refers to demerit points incurred under section 25. As section 25 is being repealed by clause 3 of the Bill and re-enacted in new Part 4 inserted by clause 4, clause 12(3) needs to be amended to refer to Part 4.

Clause 9 amends sections 34(a) and 61(3) of the Infringements Act 2006. Those sections refer to demerit points incurred under section 25. As section 25 is being repealed by clause 3 of the Bill and re-enacted in new Part 4 inserted by clause 4, those sections need to be amended to refer to Part 4.

PART 3—OTHER AMENDMENTS TO ROAD SAFETY ACT 1986

Clause 10 Subclause (1) amends section 5AD(1) of the Road Safety Act 1986 to remove the right of the person who owns registration number rights in respect of a particular registration number to have that registration number assigned to a vehicle of which that person is not the registered operator. The terms of sale for registration number rights allow rights owners to have the registration number assigned to, and displayed on, vehicles of which they are the registered operator but not to vehicles of which they are not the registered operator. The Bill will align the provisions in the Road Safety Act 1986 with the terms of sale.

Subclause (2) amends section 5AD(2) of the Road Safety Act 1986 by repealing subsection (2)(f) and consequentially amending subsection (2)(e). Subsection (2)(f) cancels registration number rights that have been assigned to a vehicle when that vehicle has remained unregistered for more than

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12 months, unless rights owners notify VicRoads before that time of their wish to retain the registration number. This repeal of subsection (2)(f) will ensure that rights ownership is not lost when a vehicle remains unregistered.

Clause 11 Subclause (1) inserts new section 15A(1A) in the Road Safety Act 1986. This new provision will give VicRoads the power to disqualify a vehicle tester whose authorisation has been cancelled under section 15A(1) from applying for a further authorisation to test vehicles, until such time as the person demonstrates to VicRoads' satisfaction that the matters leading to the cancellation have been addressed.

Subclause (2) amends section 15A(5) of the Road Safety Act 1986 by inserting "or to disqualify the holder of the authorisation from applying for a further authorisation". Section 15A(5) provides a vehicle tester with the right to appeal to the Magistrates' Court against a decision of VicRoads to suspend or cancel his or her authorisation. Subclause (2) amends section 15A(5) to extend the right of appeal to a person who has been disqualified by VicRoads.

Subclause (3) amends section 15A(8) of the Road Safety Act 1986 to include a reference to disqualification. Section 15A(8) provides the actions that the Magistrates' Court must take on an appeal against a suspension or cancellation of an authorisation, including re-determining the matter. Subclause (3) extends the application of section 15A(8) so that it will also apply to appeals against disqualification.

Clause 12 inserts a new Part 2A into the Road Safety Act 1986 in relation to records of persons driving motor vehicles.

The new section 16G will operate to allow VicRoads to create a record in relation to any person who drives on a highway in Victoria, irrespective of whether the person holds a licence or permit issued in another jurisdiction or is unlicensed. To some extent VicRoads already does this. However, the extension of the application of the demerit point scheme to overseas and unlicensed drivers and other provisions in this Bill which allow VicRoads to manage drivers from other jurisdictions in a similar way to Victorian licence and permit holders, will require a more comprehensive approach to creating and maintaining records for these drivers.

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Subclause (1) provides that VicRoads may create and maintain a record in relation to any person who drives or intends to drive a motor vehicle on a highway.

Subclause (2) provides that VicRoads may create a record in relation to a person—

when the person first applies for a driver licence or learner permit under the Road Safety Act 1986; or

if the person does not hold a driver licence or learner permit granted under the Act, when a person comes to the attention of VicRoads or Victoria Police in relation to the use of a motor vehicle by the person; or

in any other prescribed circumstances.

A person may come to the attention of VicRoads or Victoria Police in relation to the use of a motor vehicle if (for example) he or she commits a road safety offence or when VicRoads is notified by a member of the public that the person may be unfit to drive.

Subclause (3) provides that the information that may be recorded against a person in the record is as prescribed by regulations made under the Act.

Clause 13 inserts new section 18A into the Road Safety Act 1986 to confirm that when a Victorian licence or permit is issued to a driver who holds a non-Victorian licence or permit, the person's authority to drive stems only from the Victorian licence or permit. If the person's Victorian licence or permit subsequently expires or VicRoads agrees to cancel the licence or permit when requested by the person to do so, then the person may resume driving on his or her non-Victorian licence or permit. This will mean that if a person from another jurisdiction returns to that jurisdiction and allows his or her Victorian licence or permit to expire, then on any subsequent trip to Victoria he or she will be able to drive on his or her non-Victorian licence or permit.

Similarly, if VicRoads agrees to cancel a person's Victorian licence or permit at the person's request, the person will be able to drive on his or her non-Victorian licence or permit. VicRoads may agree to do this, for example, when a person who holds both an overseas licence and a Victorian licence returns overseas. The person may wish to have the Victorian licence cancelled so

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that he or she can obtain a refund in respect of the unused period of the Victorian licence, and then drive on his or her overseas licence if he or she subsequently returns to Victoria for a short period.

However, it is intended that if a person's Victorian licence or permit is suspended, cancelled by a court or VicRoads (but not at the person's request), or cancelled with a period of disqualification imposed, the person should not be able to rely on his or her non-Victorian licence or permit in order to continue driving. A person whose licence or permit is suspended will be able to resume driving on his or her Victorian licence or permit once the suspension period expires. A person whose licence or permit is cancelled will need to obtain another Victorian licence or permit (once any period of disqualification has passed) in order to resume driving in Victoria.

The new section 18A(1) provides that if a person is granted a Victorian licence or permit, any driver licence or learner permit held by the person that was issued in another State or Territory or an overseas jurisdiction ceases to authorise a person to drive a motor vehicle on a highway unless the person's Victorian licence or permit expires or VicRoads agrees to cancel the licence or permit at the request of the person.

The new section 18A(2) creates an offence of producing a non-Victorian licence or permit when a Victorian licence or permit has been issued. This provision is directed at preventing drivers from trying to avoid sanctions being recorded against their Victorian licence or permit by producing, when requested, their non-Victorian licence or permit. Section 18A(2) provides that a person who is requested to produce for inspection his or her licence or permit document under section 59(1)(a) of the Road Safety Act 1986 must not produce a non-Victorian licence or permit held by the person that does not authorise the person to drive a motor vehicle on a highway. This is intended to be a strict liability offence, for which the penalty is 10 penalty units.

Clause 14 inserts new section 21A(1) in the Road Safety Act 1986 in order to include the fees that are payable for a 10 year, 4 year and 3 year driver licence. The licence fees are currently located in the Road Safety (Drivers) Regulations 2009. The relevant provisions of the regulations will be repealed upon the commencement of the new section 21A. The new section 21A(2)

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provides that the regulations may provide for a fee other than the fee specified in subsection (1), or that no fee is payable for the grant or renewal of a driver licence.

Clause 15 allows VicRoads to disqualify a person from obtaining a driver licence or learner permit. Currently, VicRoads may cancel, suspend or vary a licence or permit but it does not have the power to disqualify a person from obtaining a licence or permit. Subclause (1) amends section 24(1) of the Road Safety Act 1986 to provide that when required by the regulations to do so, VicRoads must disqualify a person whose driver licence or learner permit has been cancelled under section 24(1)(b) for the period determined in accordance with the regulations. Subclause (2) amends section 24(2) of the Road Safety Act 1986 to provide that VicRoads may, in accordance with the regulations, disqualify a person whose driver licence or learner permit has been cancelled under section 24 from obtaining a driver licence or learner permit for the period determined in accordance with the regulations.

Clause 16 subclause (1) amends section 26(1) of the Road Safety Act 1986 to provide a person who has been disqualified by VicRoads from obtaining a driver licence or learner permit with a right to appeal that decision to the Magistrates' Court. Subclause (2) amends section 26(2) and (3) to extend the application of those provisions to an appeal against a disqualification. Section 26(2) and (3) deal with the actions that a court must take on an appeal.

Clause 17 amends section 27 of the Road Safety Act 1986 to extend the application of that provision to persons who hold a driver licence or learner permit issued in another jurisdiction of Australia or overseas. (Section 27 currently provides VicRoads with the power to require tests to be undergone by applicants for a driver licence or learner permit or a variation of a driver licence, and holders of a driver licence or learner permit in order to determine their fitness to drive.)

Subclause 17(1) inserts the new section 27(1A) which provides that VicRoads may require a person who is exempted under the regulations from the requirement under section 18(1)(a) to hold a driver licence or learner permit to undergo a test to determine—

if the person is unfit to drive; or

if it is dangerous for the person to drive.

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Section 18(1)(a) makes it an offence for a person to drive a motor vehicle on a highway without holding a driver licence or learner permit issued under the Road Safety Act 1986, unless the person is exempted from this requirement under the regulations.

Subclause (2) amends section 27(2) of the Road Safety Act 1986 to include a reference to the new subsection (1A). Section 27(2) specifies the tests that a person may be required to undergo.

Subclause (3) amends section 27(3) of the Road Safety Act 1986 to apply the matters under that subsection to all persons who may be required by VicRoads to undergo a test, namely, persons who fall within the scope of the new section 27(1A) and persons who are "relevant persons" under section 27(6). Section 27(3) deals with how a test may be carried out and the use of test results.

Clause 18 subclause (1) inserts new section 28(1C) in the Road Safety Act 1986. This provides that unless a category of motor vehicles is expressly excluded under subsection (2), an order under subsection (1)(b) suspending or cancelling a person's driver licence or learner permit applies in relation to all categories of motor vehicle.

Subclause (2) amends section 28(2) to substitute "may be limited in its application to a category or categories of motor vehicles" with "may specify a category or categories of motor vehicles to which the order does not apply". Section 28(2) will therefore provide that if the court is satisfied that the circumstances of the case are so unusual as to warrant it, the court may specify in an order made under subsection (1)(b) a category or categories of motor vehicles to which the suspension or cancellation does not apply.

The aim of these amendments is to ensure that there is complete clarity as to whether a suspension or cancellation order applies to all categories of motor vehicle or whether one or other categories have been excluded.

Subclause (3) and (4) have the effect of requiring a court to impose a specific disqualification period on a person whose driver licence or learner permit has been cancelled and removing the default disqualification period of 3 months that will apply if the court does not specify a disqualification period. The objective of these amendments is to ensure that the length of the disqualification period is determined by the circumstances of

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the offending. Currently, section 28(7) of the Road Safety Act 1986 relevantly provides that a person whose driver licence or learner permit is cancelled is disqualified from obtaining a further licence or permit for the period specified by the court or, if no period is specified, for 3 months.

Subclause (3) inserts new section 28(3A) that requires a court to specify a period of disqualification. Subclause (4)(a) removes text from section 28(7) that will be redundant as a consequence of inserting new section 28(3A) and subclause (4)(b) removes the reference in the same subsection to the 3 month disqualification period.

Clause 19 addresses an omission under section 51 of the Road Safety Act 1986. Currently, if a driver is issued with a traffic infringement notice for a drink-driving infringement during a period of suspension imposed under section 51(1B), in accordance with section 51(3C) that period will be taken into account when the driver's disqualification period is finally determined, and the disqualification period will be reduced by the period for which the licence or permit was suspended. However, the Road Safety Act 1986 does not make any provision for taking into account a period of suspension imposed under section 51(1B) when a traffic infringement notice is issued after the suspension period has ended. Clause 19 therefore inserts new subsection (3CA) into section 51 that will ensure that the period for which a person may be disqualified under section 89C(1) will be reduced by the period for which the person's licence or permit was suspended under section 51(1B) when a traffic infringement notice is issued after the period of suspension has ended.

PART 4—AMENDMENTS TO HEAVY VEHICLE NATIONAL LAW APPLICATION ACT 2013

Clause 20 amends section 6(1)(b) of the Heavy Vehicle National Law Application Act 2013 by inserting a reference to section 23(2)(a)(ii) of the Subordinate Legislation Act 1994. Section 6 deals with the disallowance of national regulations. It provides that certain provisions of the Subordinate Legislation Act 1994 apply to the national regulations made under the Heavy Vehicle National Law. These provisions include section 15(1) which requires a copy of a statutory rule to be laid before each House of the Parliament. However, section 6 should also refer to section

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23(2)(a)(ii) of the Subordinate Legislation Act 1994 which deals with the disallowance of a statutory rule where there has been a failure to comply with section 15(1). Clause 20 corrects this omission.

Clause 21 inserts a new section 39A in the Heavy Vehicle National Law Application Act 2013 that defines corresponding registration law. This phrase is defined to mean a law of a participating jurisdiction that provides for the registration of vehicles in substantially the same terms as in the Road Safety Act 1986. The inclusion of this definition aligns the Heavy Vehicle National Law Application Act 2013 with the Acts of other jurisdictions that apply the Heavy Vehicle National Law that provide "registration" means registration under the local law or under a corresponding registration law.

Clause 22 inserts a reference to another corresponding registration law in the definition of GCM in section 41 of the Heavy Vehicle National Law Application Act 2013. The amendment will mean that GCM will have the same meaning as it has in the Road Safety Act 1986 or in another corresponding registration law. This amendment is being made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 23 inserts a reference to another corresponding registration law in the definition of GVM in section 42 of the Heavy Vehicle National Law Application Act 2013. The amendment will mean that GVM will have the same meaning as it has in the Road Safety Act 1986 or in another corresponding registration law. This amendment is being made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 24 inserts a reference to another corresponding registration law in the definition of registration in section 43 and in section 43(2) of the Heavy Vehicle National Law Application Act 2013. The amendment will mean that registration of a heavy vehicle means registration of the vehicle under the Road Safety Act 1986 or under another corresponding registration law. This amendment is made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law

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which refer to registration under the local law and registration under a corresponding registration law.

Clause 25 inserts a reference to another corresponding registration law in the definition of registration exemption in section 44 of the Heavy Vehicle National Law Application Act 2013. The amendment will mean that registration exemption means an exemption under the Road Safety Act 1986 from the requirement for a heavy vehicle to be registered or under another corresponding registration law. This amendment is made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 26 inserts a reference to another corresponding registration law in the definition of registration number in section 45 of the Heavy Vehicle National Law Application Act 2013. The amendment will mean that registration number means for a heavy vehicle, letters, numbers or characters, or a combination of one or more letters, numbers or characters, assigned to a heavy vehicle under the Road Safety Act 1986 or under another corresponding registration law. This amendment is made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 27 inserts a reference to another corresponding registration law in the definition of vehicle register in section 46 of the Heavy Vehicle National Law Application Act 2013. The amendment will mean that vehicle register means the register of motor vehicles and trailers under the Road Safety Act 1986 or under another corresponding registration law. This amendment is made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 28 inserts a reference to another corresponding registration law in section 47 of the Heavy Vehicle National Law Application Act 2013. The amendment will mean that unregistered heavy vehicle permit means a short term unregistered vehicle permit issued by the Roads Corporation under the Road Safety Act 1986 or under regulations made under that Act or by an authority under a

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corresponding registration law. This amendment is made in order to ensure consistency with Acts of other jurisdictions which apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 29 inserts references to another corresponding registration law in section 48 of the Heavy Vehicle National Law Application Act 2013. Section 48 will therefore provide that a person does not commit an offence in relation to a heavy vehicle's non-compliance with a heavy vehicle standard if the non-compliance relates to a non-compliance known to the Roads Corporation when the vehicle was first registered under the Road Safety Act 1986 or to an authority when the vehicle was registered under a corresponding registration law. The amendment will mean that the Roads Corporation or an authority under a corresponding registration law will be taken to know of a heavy vehicle's non-compliance with a heavy vehicle standard if the non-compliance is mentioned in any of the items specified under section 60(4) of the Heavy Vehicle National Law (Victoria) as modified by section 48 of the Heavy Vehicle National Law Application Act 2013. This amendment is made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 30 inserts a reference to another corresponding registration law in section 51 of the Heavy Vehicle National Law Application Act 2013 that substitutes the words of section 527(1)(i) of the Heavy Vehicle National Law (Victoria). Section 51 will therefore provide that, if the vehicle defect notice is not cleared by the Regulator under section 530 of the Heavy Vehicle National Law (Victoria), the vehicle's registration may be suspended and subsequently cancelled by the Roads Corporation or by an authority under a corresponding registration law. This amendment is made in order to ensure consistency with Acts of other jurisdictions that apply the Heavy Vehicle National Law which refer to registration under the local law and registration under a corresponding registration law.

Clause 31 inserts a reference to another corresponding registration law in section 52 of the Heavy Vehicle National Law Application Act 2013 that substitutes the words of section 598(5) of the Heavy

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Vehicle National Law (Victoria). Section 52 will therefore provide that the court is to ensure that the Roads Corporation or an authority under a corresponding registration law (as the case requires) is notified of the decision to make an order under section 598(2) or (3) of the Heavy Vehicle National Law (Victoria) and the terms of the order, but failure to do so does not invalidate the decision or the order. This amendment is made in order to ensure consistency with other application Acts which refer to registration under the local law and registration under a corresponding registration law.

Clause 32 Subclause (1) substitutes the current item 11.5 of Part 2 of the Schedule to the Heavy Vehicle National Law Application Act 2013 with a new item. This amendment is being made as a consequence of the recent amendment of section 61(1B) of the Environment Protection Act 1970 by the Marine (Domestic Commercial Vessel National Law Application) Act 2013. The Marine (Domestic Commercial Vessel National Law Application) Act 2013 inserted new paragraphs (b) and (c) that deal with the registered owner of a motor vehicle and the registered owner of a vessel respectively. The amendment to item 11.5 of Part 2 of the Schedule to the Heavy Vehicle National Law Application Act 2013 ensures that the new paragraph in respect of the registered owner of a heavy vehicle is inserted as a new paragraph (ba) in section 61(1B).

Subclause (2) amends proposed section 42B(1)(a) of the Motor Car Traders Act 1986 in item 14.2 of Part 2 of the Schedule to the Heavy Vehicle National Law Application Act 2013 by substituting the incorrect reference to "car" wherever occurring with the correct reference to "heavy vehicle". Section 42B(1)(a) prohibits a person from selling a heavy vehicle that is registered under the Heavy Vehicle National Law (Victoria) unless the person gives the buyer of the heavy vehicle a current roadworthy certificate in relation to the vehicle.

PART 5—STATUTE LAW REVISION AMENDMENTS TO ROAD SAFETY ACT 1986

Clause 33 amends section 87(1AF) of the Road Safety Act 1986 to include the new complete name of the Department of Transport, Planning and Local Infrastructure.

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Clause 34 corrects numbering in the Road Safety Act 1986 by substituting "section 103ZG" where secondly occurring with "section 103ZH".

PART 6—REPEAL OF AMENDING ACT

Clause 35 provides for the automatic repeal of the Bill on 1 January 2016. The repeal of the Bill does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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